10-15-13 Regular City Commission MinutesOCTOBER 15,201
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, October 15, 2013.
1. Roll call showed:
Present - Commissioner Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Cary Glickstein
Absent - None
Also present were - Louie Chapman, Jr., City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Mayor Glickstein.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
None.
5. PRESENTATIONS:
5.A. Unity School Commemorates Peace Day (Addendum)
Martina Cavard ($t' grader at Unity School), speaking on behalf of Unity
School, stated Unity School and Home Depot have partnered together in a special
community project entitled "Sowing Seeds of Peace" and presented plants to the
Commission.
5.B. Health Care District Update — Christopher Irizarry, F HC Executive
Director
Christopher Irizarry, Palm Beach County Health Care District, Executive
Director of the Federally Qualified Health Center (FQHC), stated on January 1, 2013
they assumed the control of four (4) health clinics that used to be under the purviews of
the Health Department; one of those in Delray Beach (225 South Congress Avenue). He
distributed handouts for the public.
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Mr. Irizarry recognized Mrs. Gray for her fantastic leadership on the
Board at the Health Care District.
S.C. International Festival & Events Association Presentation — Nancy
Stewart Franczak
Nancy Stewart- Franczak, President at Festival Management Group, Inc.
gave a brief presentation and played a short video.
5.D. Recognizing and commending Delray Beach Police Department for
being awarded with Law Enforcement Reaccreditation 2013
Mayor Glickstein introduced this item.
Chief Strianese briefly discussed the re- accreditation and stated the Police
Department was first accredited in 2004 and have been re- accredited every three (3) years
since then successfully.
Maria Marino - Bollan, Accreditation Manager /Police Department, thanked
the City Commission for allowing the Police Department to be recognized by the City
Commission as well as the Commission for Law Enforcement Accreditation. Mrs.
Marina - Bollan gave a few brief comments and thanked everyone for their support.
Chief Strianese acknowledged Captain Tina Heysler was promoted to rank
of Assistant Chief /Support Services of the Delray Beach Police Department.
At this point, Mayor Glickstein stated the volunteers in the Police
Department worked a total of 42,000 hours which is the equivalent of 22 sworn officers
working for our city. He stated the volunteers are doing a great job and it helps the city
tremendously.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non - Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inquiries.
With regard to the taxi cab issue, the City Manager stated Palm Beach
County adopted an ordinance which the City of Delray Beach is considering modeling
and this will be on the City Commission Agenda in November.
Secondly, with regard to Mr. Warner's prior comments regarding
shrinking or modifying the CRA District, the City Manager stated it is a massive
undertaking. The CRA is gathering data and it will be undertaken.
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Lastly, the City Manager provided an update regarding Commissioner
Petrolia's concern about the distance between the tables and the edge of the sidewalk in
front of the BurgerFi restaurant.
6.B. From the Public.
6.B.1. Jim Knight, 10 S.E.1" Avenue, Delray Beach, FL 33444, provided a
handout to the Commission regarding the improvements to the alleyway by the CRA and
Osceola Park is very excited about the improvements. Mr. Knight stated the residents
would like to see the alleyway go from the industrial business districts to the west coming
out onto 2 ❑d Avenue. He stated he and Ms. McDermott met with the Police Officers who
worked on the CPTED report and they commented that it was originally designed to go to
the east only and that it could go to the west only; however, they would prefer to have a
line of site. Mr. Knight stated the idea came up of a rod iron fence so then the police
could see right through to that alleyway over to 2nd Avenue. Mr. Knight stated there are
some people with the association who are willing to pay for the rod iron fence. Mr.
Knight stated he hopes everyone agrees that the alleyway would only go to the west and
not to the east so that it does not dump right out into the residential neighborhood.
6.B.2. Karen Granger, President of the Delray Beach Chamber of
Commerce stated Festival Management Group is the Event Sponsor for the Delray
Beach Chamber's 50th Delray Affair and the 1 year old Seafood Festival, Garlic Fest, and
St. Patrick's Day brought home eight (S) international awards. Ms. Granger thanked the
City of Delray Beach and its employees, volunteers from the community, and businesses
in the community who support these events to get global recognition.
6.B.3. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C" Delray Beach FL 33483 asked when Mrs. Petrolia's concern regarding the
franchise fee will be placed on the agenda and why it is taking so long to do so. In
addition, Mr. Blum stated he would like to know why Delray Beach is continuing to
overcharge its citizens for trash cans to build up money in reserves for some other use.
He commented about emails from Commissioners and citizens.
6.B.4. James OuiRian, 925 S.E. 2nd Avenue Delray Beach FL 33483
(President of Osceola Park Neighborhood), stated there is an alleyway in Osceola Park
that is going to be paved commercial and it is going to be emptying out into the
residential neighborhood. Mr. Quillian stated no one in the last four months has
explained why this needs to be done. He stated with his neighborhood and the city there
is lack of communication. Mr. Quillian stated Osceola Park wants to solve problems with
talking to the city.
Mr. Jacquet encouraged Mr. Quillian to have dialogue with Diane Colonna
or Jeff Costello. Mr. Jacquet stated the CRA had a meeting on Swinton Avenue at the
Engineering Department where many businesses were there and they spoke about the
alleys.
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Mrs. Gray stated she spoke to many residents and noted the alleyway. She
stated the "T" should not be going into the single family neighborhood but should turn
back into the commercial area.
6.B.5. Mary Yuhas, 2044 Valencia Drive, Delray Beach, FL 33445, briefly
urged the Commission to allow dogs on the beach as Boca Raton is going to do.
6.B.6. Jordana Jariura, 367 East Mallory Circle, Delray Beach, FL_ 33483,
commended the Commission for putting the beach cabana contract out for bid last spring.
She encouraged the Commission to follow good government and support staffs
recommendation to re- advertise the beach cabana contract for public bid again.
Secondly, Ms. Jarjura thanked the Commission for her recent appointment
to the Planning and Zoning Board.
6.B.7. Stephanie Toothaker, 110 S.E. 6th Street Fort Lauderdale FL 33301
representing the Boucher Brothers, stated the Boucher Brothers have raised questions
throughout the process about the bid process and urged the Commission to support staffs
recommendation for good government and so that the City can open the process.
6.B.8. Pauline Moody, 609 S.W._8th Avenue, Delray Beach, FL 33444, asked
what happened with the Waste Management contract.
Secondly, Ms. Moody stated she does not like comments expressed by Mr.
Blum.
Ms. Moody stated she does not feel the City should penalize Boucher
Brothers for being the only bidder and urged the Commission to re- advertise the bid
properly.
6.B.9. Ken Rob 217 S.E. 3`d Avenue Delray Beach FL 33483 Osceola
Park expressed concern over the alleyway and the safety issues of having the alley
opening up into neighborhood when it can go to 2'd Avenue into the business district.
6.B.10. Michael Weiner, 10 S.E. 1St Avenue, Delray Beach, FL 33444
(representing Oceanside Beach Services), briefly spoke about the bid process and
stated Ocean Beach Services is the bidder who has been operating the beach without
public complaints for years. Mr. Weiner stated it does not make sense to reject all bids
and stated the bid process is all about fairness and equitability.
6.13.11. Cynthia Freeburn, 371 East Mallory Square Delray Beach, FL 33483,
briefly spoke about the beach cabana contract. Ms. Freeburn stated she was in touch with
a contractor that does that kind of business in the Miami -Dade County area and she
suggested that the city check into a second website that some of the vendors that are
located south of Delray use because she was informed that the website that Delray Beach
uses is not the website that vendors in that area use if the city decides to re -bid the
contract. Ms. Freeburn stated she has also been informed that some vendors do not think
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it worth their time to bid on the beach contract because there is a perception that the
Delray Beach area is the turf of a very influential person in this community and that the
bid is going to go to their vendor.
Ms. Freeburn made a reference to an article in the Sun - Sentinel that
indicated by a person who uses the beach frequently that Oceanside Beach Services was
planning to raise the rates for the citizens to make up for the increase money they would
pay the city. Ms. Freeburn urged the Commission to put this out to bid again and as part
of that RFP that the city find out what do they plan to pay the city and what do they plan
to charge the citizens and visitors who will visit the beach.
6.B.12. Gail Lee McDermott 721 S.E. 3 d Avenue Delray Beach FL 33483
(Osceola Park), stated Mr. Quillian requested discarded trash containers from the City
and thanked the City Manager because Osceola Park is much cleaner. Secondly, Ms.
McDermott stated with regard to Phase II the alleys are in the process of being paved.
She stated the CRA's T -alley is being addressed and suggested that the City Commission
walk that area.
6.B.13. Burt Weiss 135 S.E. 5th Avenue Delray Beach FL 33483 commented
about the trash containers and stated he spent the last 48 hours picking up garbage around
town. Mr. Weiss stated because people cannot take their drinks with them on the trolley
they throw their trash on the ground before getting on the trolley at every trolley stop. He
stated the cheapest solution is to pay someone to get rid of the garbage.
6.B.14. Peter Humanik, N.E. 5th Street Delra Beach FL 33483 stated at a
prior Commission meeting he raised a concern about the total cost of ownership and
when staff puts capital items on the agenda we do not address the operating costs. Mr.
Humanik stated Item 43 is a one -time item there are no operating costs associated with it.
He noted that the tax rate went down and he does not feel we should dip into reserves.
Mr. Humanik asked if we have done anything to make progress towards making
operating costs visible to the Commission and was it really the operating costs went up
and capital went down. Also, at the last meeting there was discussion regarding raises for
staff and asked if the senior management is still being rated on two items and the people
below them get rated on five.
With regard to the beach cabana contract, Mr. Humanik stated he does feel
it is right to give people nine (9) days to respond.
At this point, the time being 7:00 p.m., it was the consensus of the
Commission to complete the public comments before moving to the public hearings
portion of the Agenda.
6.B.15. Dr. Victor Kirson D.D.S. 2050 Alta Meadows Lane #2110 Delra
Beach FL 33444 President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), thanked the City Manager for his service. Dr.
Kirson stated he will not be running for City Commission. He briefly spoke about the
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beach cabana bid and in his opinion, stated this is a "win -win" situation for the City of
Delray Beach.
6.B.16. Mike Novatka, Oceanside Beach Services, stated with regard to the
prices in the new bid package they are in the proposal and although their prices are
slightly higher, they are still cheaper than any place in Miami or south of Delray.
6.13.17. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33183, thanked the Commission for everything they are doing for the city. She
commented about the five (5) Interlocal Agreement items with the CRA on the Consent
Agenda. Ms. Morrison requested the Commission pull these items from the Consent
Agenda for discussion.
At this point, the time being 7:08 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 37-13/CONTRACT FOR SALE AND
PURCHASE: 102 S.E. 8 TH STREET: Consider approval of Resolution No. 37 -13, a
contract for sale and purchase, authorizing the City to donate a Neighborhood
Stabilization Program property located at 102 S.E. 81' Street to the Delray Beach Housing
Group for the benefit and rental of unit to household at or below 50% AMI.
office.)
The Resolution No. 37 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 37 -13 is on file in the City Clerk's
At this point, Commissioner Jacquet left the dais.
Lula Butler, Director of Community Improvement, stated staff requests to
donate a Neighborhood Stabilization Property (NSP) addressed at 102 SE 8ffi Street to the
Delray Housing Group non —profit organization associated with the Delray Beach
Housing Authority. Mrs. Butler stated for the benefit of rental to a household at or below
50% of the Area Median Income (AMI). She stated the NSP funding is for the purpose
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of purchasing homes for rehabilitation, resale, or redevelopment in order to stabilize
neighborhoods and stem the decline of home values. Mrs. Butler stated this will be the
6`h property that is being donated to the Delray Beach Housing Group and they are
required to rent it at the affordable rate for the next 20 years.
Mrs. Gray inquired if these proerties can be used toward homeownership
versus rental. Mrs. Butler stated this is the 6t. house for rental and the City has sold 22
homes for homeownership.
Mayor Glickstein declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
334834, asked if this puts the property back on the tax rolls as a taxable entity.
Mrs. Butler confirmed that there is no tax base increase by giving this
home to the Delray Beach Housing Authority.
There being no one else who wished to address the Commission regarding
Resolution No. 37 -13, the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 37 -13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs. Gray —
Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Jacquet returned to the dais.
10.B. ORDINANCE NO. 26 -13: Consider an amendment to Chapter 32,
"Departments, Boards and Commissions ", by amending Section 32.08, "Length of
Terms; Restrictions ", to provide that a former City Commissioner may not be appointed
to a city board for a one (1) year period upon leaving office.
The caption of Ordinance No. 26 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS ", BY AMENDING
SECTION 32.08, "LENGTH OF TERMS;
RESTRICTIONS ", TO PROVIDE THAT A FORMER
CITY COMMISSIONER MAY NOT BE APPOINTED
TO A CITY BOARD FOR A ONE (1) YEAR PERIOD
UPON LEAVING OFFICE; PROVIDING A SAVINGS
CLAUSE; GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
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(The official copy of Ordinance No. 26 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance provides that upon leaving office an elected official would not be able to be
appointed to any boards in the City for a one (1) year period from their last day in office.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL_
33483, stated she volunteered to serve on the City Commission for twelve (12) weeks and
per this ordinance she will be blackballed for one (1) year and strongly opposes the
ordinance.
Mr. Frankel strongly disagrees with this ordinance.
Mr. Jacquet stated he disagrees with comments expressed by Mr. Frankel.
Mr. Jacquet stated this is a very appropriate and needed measure. In addition, Mr.
Jacquet stated this is a pro - active measure that is warranted.
Mrs. Petrolia concurred with comments expressed by Mr. Jacquet.
Mrs. Gray briefly discussed institutional knowledge and stated having
someone on a board with history is a plus and does not support the ordinance.
Mr. Jacquet moved to adopt Ordinance No. 26 -13 on Second and FINAL
Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows:
Mr. Frankel — No; Mrs. Gray No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr.
Jacquet — Yes. Said motion passed with a 3 to 2 vote, Mr. Frankel and Mrs. Gray
dissenting.
At this point, the time being 7:17 p.m., the Commission moved to Item 7,
Agenda Approval.
7. AGENDA APPROVAL.
Mayor Glickstein requested that Items S.C., Interlocal Funding
Agreement/Economic Development Between the City and the Community
Redevelopment Azency WRA), S.D., Interlocal Amement/Community
Redevelopment Agency (CRA): Downtown Roundabout Trolley Service, Item 8.E.,
Interlocal A rent /Community Redevelopment Agency (CRA) Neighborhood
Planner Position Item S.F., Interlocal Agreement /Community Redevelopment
Agency (CRA): In -House Proicct Manaser Services Position, Item S.G., Interlocal
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Agreement/Community Agreement/Community Redevelopment Agency CRA): Housing Rehabilitation
Inspector Position, through Item S.H., Financial Advisory Services/Public Financial
Management (PFM), Inc., be removed from the Consent Agenda so that staff can bring
back to the Commission with more information. Also, Mayor Glickstein requested that
Item. 8.K.2., Purchase Award to Dumont Company, Inc. and Item 9.F., Bids
AwardlUnited States Service Industries be removed from the Agenda.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said
motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. LANDSCAPE MAINTENANCE AGREEMENT /901 SOUTH
OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Delray
901 South Ocean, LLC., for landscape installation within the right -of -way at 901 South
Ocean Boulevard.
S.B. INTERLOCAL AGREEMENTIPALM BEACH COUNTY /OPEN
CUTS: Approve an Interlocal Agreement between the City and Palm Beach County
regarding open cuts under County thoroughfares.
S.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
S.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
S.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
S.H. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
S.I. PROCLAMATIONS:
1. 500th Anniversary of the European Discovery of Florida - 2013
2. Florida City Government Month October 2013
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 30, 2013 through October 11, 2013.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Devland Site Development, Inc. in an annual
amount not to exceed $190,000.00 for sludge removal and disposal
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"as needed" for FY 2014. Funding is available from 441- 5122 -536-
34.90 (Water and Sewer Fund: Other Contractual Services).
2. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A.
3. Contract award to Line -Tee, Inc. in the amount of $113,054.50 for
installing water meters and connecting customers on the Barrier
Island to the Reclaimed Water System. Funding is available from
441 -5161- 536 -49.23 (Water and Sewer Fund: Other Current
Charges /OB/Reclaim Water Distribution System).
4. Purchase award to Chemical Lime Company of Alabama, Inc.
(Lhoist North America) at an estimated annual cost of $805,400.00
for the purchase and delivery of bulk quicklime. Funding is
available from 441 - 5122 -536 -52.21 (Water and Sewer Fund:
Operating Supplies /Supplies).
5. Bid award to Mancil's Tractor Service, Inc., in the amount of
$569,206.61 for construction of the N.E. l St Avenue Improvements
Project. Funding is available from 334 - 3162 - 541 -68.84 (General
Construction Fund: Other Improvement/N.E. 1St Avenue
Improvements) and 448 -5461- 538 -68.84 (Storm Water Utility
Fund: Other ImprovementlN.E. I" Avenue Improvements).
6. Contract award to Zoll Medical Corporation in the amount of
$21,309.00 to renew the extended warranty and semi - annual
preventive maintenance contract and provide guaranteed repair
coverage for eighteen (18) 12 Lead EKG Monitor/Defibrillators.
Funding is available from 001 -2315 -526 -46.20 (General Fund:
Repair & Maintenance Services/Equipment Maintenance).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein -- Yes;
Mrs. Petrolia -- Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:21 p.m., the Commission moved to Item
9.A.
9. REGULAR AGENDA:
9.A. WAIVER REQUEST/37 S.W. 5f AVENUE: Consider a request to
waive Land Development Regulations (LDR) Section 4.6.18(B)(e)(iii), "Prohibitions ",
which prohibits chain link fences in the CBD (Central Business District) and allow a 6'
high black vinyl coated chain link fence at 37 S.W. Stn Avenue. (Quasi - Judicial
Hearing)
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Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for Items 9.A., 9.B., 9.C., and 9.D.
Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -219 into the record.
Mr. Dorling stated this is a waiver to LDR Section 4.6.1 S(B)(14)(e)(iii) to
allow the installation of a chain link fence at the property located at 37 S.W. 5th Avenue.
He stated there is a picket fence along the front and north part of the property line. Mr.
Dorling stated the applicant would like to install a chain link fence along the east and
south property line. Mr. Dorling stated the LDRs do not allow a chain link fence for
property located at 37 S.W. 5h Avenue and thus the reason for the waiver. Mr. Dorling
stated the required findings are provided in the staff report.
At its meeting of October 9, 2013, the West Atlantic Avenue
Redevelopment Coalition (WARC) reviewed the subject request and is in support of the
request. Staff recommends approval of the waiver subject to conditions 91 -3 on page two
of the City Commission staff report.
James Thomas, applicant, thanked WARC for trying to help provide
safety for the owner of the convenience store due to a recent burglary on Sunday
morning, the loitering activity and the trash being dumped behind the building.
There being no one else from the public who wished to address the
Commission regarding the waiver, the public hearing was closed.
Mr. Jacquet asked Mr. Thomas if he has talked to the Police Department.
Mr. Thomas stated he did speak to the Police Department.
Mrs. Gray supports the waiver.
Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia -- Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein -- Yes. Said
motion passed with a 5 to 0 vote.
9.B. WAIVER REOUESTS /SPODAK DENTAL OFFICE: Consider waiver
requests to the Land Development Regulations (LDR) Sections 4.6.7(E)(7), "Design
Standards Matrix" and Section 4.6.7(J)(3), "Roof Signs ", to allow two (2) flat wall signs
to be placed on elevations that do not face a dedicated street frontage and to allow all
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three (3) flat wall signs to be placed above the roof line for Spodak Dental Group located
at 3911 West Atlantic Avenue. (Quasi- Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke to Dr. Spodak. Mrs. Gray stated she had
no ex parte communications. Mayor Glickstein stated he spoke to Dr. Spodak. Mr.
Jacquet stated he had no ex parte communications.
Lula Butler, Director of Community Improvement, stated this is a waiver
request to LDR Section 4.6.7(E)(7) and Section 4.6.7(J)(3) to allow two (2) flat wall
signs to be placed on elevations that do not face a dedicated street frontage and to allow
all three (3) flat wall signs to be placed above the roof line for Spodak Dental Group
located at 3911 W. Atlantic Avenue. Mrs. Butler stated Spodak Dental building is a
single story 12,980 square foot medical building. The building was designed and planned
to be a "Gold Level LEEDS Certified" building, the only facility of this kind in Southeast
Florida. The owner provides detailed information on the design goal and elements
incorporated in the building design that provides for savings on energy, water and the
creation of an environmentally - friendly facility in his letter of hardship. One of the
architectural features created is cast -in -place walls that extend six (6) feet above the roof
line, which is where the signs are proposed to be erected. The inclusion of the bio Swale
and lush landscaping on the front (south) elevation was necessary to qualify for the
LEEDS Certification; thus, a monument sign would be ineffective and not practical based
on the maximum height allowed under the sign code. In addition, the architectural walls
were clearly shown as being integral to the building design and signs were clearly shown
on any and all plans submitted to the City for approval on the three (3) locations.
Mrs. Butler stated the building is 166 feet wide and over 540 feet long
which visually make the frontage appear smaller than what it is. The speed of the traffic
on this six lane road justifies the need for signs being erected on the east and west
elevations. The sign proposed on the south (front) elevation is allowed under the code,
except it is above the roof line. Lowering the sign is not a good option since it will
conflict with the 22 foot trees required to obtain the Gold Level LEEDS Certification.
At its meeting of September 25, 2013, the Site Plan Review and
Appearance Board (SPRAB) voted 4 -0 (2 members had to step down from the dais
because of the owner - client relationship) to support of the waivers for erecting the three
(3) signs and to allow them to be placed on the cast -in -place architectural wall that is
above the roof line. Staff recommends approval of the waiver requests.
Dr. Craig Spodak, DMD, Spodak Dental Group, 904 N.W. 2 °d
Avenue, Delray Beach, briefly explained the flat wall signs and displayed the renderings
of the building.
Dr. Spodak stated the only objection was by Alice Finst who expressed
concern over the brightness of the sign.
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Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
Jim Knight, 10 S.E. I't Avenue, Delray Beach FL 33444 (speakine as
a business owner), stated this is a good building and he urges the Commission to
support.
Terra Spero, 61 S.E. 4th Avenue, Delray Beach, FL 33444, stated she
did have to step down from SPRAB, encouraged the Commission to support the flat wall
signs and wished Dr. Spodak well with making this happen for the city.
Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483, stated he is
not against the sign or the building but expressed concern over the process.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", DeIray Beach, FL 33483, stated the positive benefits that this project has
brought to this city versus the negative effects, the benefits far outweigh it. Mr. Blum
stated the process is not delineated perfectly; however, he urged the Commission to
approve this project to show that the City does acknowledge someone going beyond what
they should be doing with regard to building a building.
There being no one from the public who wished to address the
Commission regarding the waiver requests, the public hearing was closed.
There was no cross - examination.
Mrs. Butler addressed the five (5) distinguishing characteristics of the
building.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Jacquet moved to adopt the Board Order as presented approving the
waiver requests, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein —
Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9.C. WAIVER REQUEST/WINE AND SEAFOOD FESTIVAL: Consider
approval of a waiver to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f),
"Special Event Non Roadway Banner Signing ", to allow banners to exceed 20 square feet
of similar size that have been allowed in the past on November 9 -10, 2013 within the site
of the Delray Beach Wine and Seafood Festival. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
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Robert A. Barcinski, Assistant City Manager, stated Commission is being
requested to consider approval of a waiver to the LDR Section which would allow
banners to be hung in the event perimeter for the Wine and Seafood Festival on
November 9 -10, 2013 that exceed the 20 square foot limit. Mr. Barcinski stated this is a
request from Nancy Stewart- Franczak and noted that the City has granted these waivers
in the past so this would not set a precedent. Staff recommends approval.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order approving the waiver request,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel
— Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet - Yes.
Said motion passed with a 5 to 0 vote.
9.D. CONDITIONAL USE REQUESTS /UPTOWN DELRAY: Consider
approval of conditional use requests to allow an increase in density in excess of 30
residential units per acre (69.52 units per acre proposed), for Uptown Delray, a proposed
mixed -use development that includes the demolition of the existing commercial building
and removal of the existing parking lot and construction of 146 residential apartment
units and 3,529 square feet of commercial space in a 5 -story building located on the north
side of S.E. 2 "d Street between. S.E. 4th Avenue and S.E. 5th Avenue. (Quasi- Judicial
Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke with the applicant, the attorney for the
applicant, and Mr. Jim Knight. Mrs. Gray stated she too spoke with the applicant, the
attorney for the applicant, and Mr. Jim Knight. Mayor Glickstein stated he had no ex
parte communications. Mrs. Petrolia stated quite some time ago she spoke with the
applicant and the applicant's attorney but she has not spoken to anyone recently. Mr.
Jacquet stated he spoke to Mr. Jim Knight.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -030 into the record.
Mr. Dorling stated this is a conditional use request to allow a density
increase above 30 dwelling units per acre (69.52 du/ac proposed) for Uptown Delray, a
proposed mixed use development between SE 5th Avenue (Federal Highway) and SE 0
Avenue, north of SE 2 "d Street. The project contains a parking lot that was constructed
for the Bellsouth Telecommunication building at the northwest corner of SE 4th Avenue
and SE 2 "d Street. There are also two vacant lots located north of the office building.
Mr. Dorling stated the applicant has substantially modified the development proposal.
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10/15/13
The City Commission considered the conditional uses (both height and
density) at its meeting of June 4, 2013 and this was postponed at the request of the
applicant so that the development proposal could address the issues expressed by the
Commission at that time as well as those identified in the staff report. Mr. Dorling stated
staff recommends approval and believes the density should be supported based upon
conditions #1 -5 on page 2 of the City Commission documentation.
Mayor Glickstein asked why this did not go back to the Planning and
Zoning Board. Mr. Dorling stated there was significant discussion at the City
Commission meeting and it was agreed upon at that time that it would come before the
Commission for this meeting. Therefore, Mr. Dorling stated based upon that direction
staff did not take it back to the Planning and Zoning Board. Mayor Glickstein asked if
there is a process by which a bright -line test that if something is modified that it would go
back to Planning and Zoning. Mr. Dorling stated there is not a clear test.
Mayor Glickstein stated he would feel better if it had been approved by
Planning and Zoning Board before not going back and the Board has taken it upon
themselves to modify it.
Mr. Dorling stated their desire to change it was prompted by staff's
recommendation of denial. The Planning and Zoning Board recommended approval of
the density unanimously and was a 4 to 2 vote on the height. Mayor Glickstein stated
that if it was approved previously he is ready for it to move forward. However, Mayor
Glickstein stated in the future then that standard needs to be developed.
Robert Mathias, 100 E. Linton Boulevard, Delray Beach, FL
(Developer), stated he is here with David Biggs, briefly discussed their project.
Michael Weiner Weiner & Aronson P.A. LLC 10 S.E. 1St Avenue
Delray Beach, FL 33444, representing the applicant, briefly explained the performance
standards.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483
(Osceola Park), stated Osceola Park supports the development.
James Ouillian, 925 S.E. 2 "d Avenue, Delray Beach, FL 33483
(President of Osceola Park Neighborhood), concurred with comments expressed by
Ms. McDermott and urged the Commission to approve the conditional use request.
Steve Snyder, 115 S.E. 4th Avenue, Delray Beach, FL 33483, stated they
are the most impacted because their property abuts the project. Mr. Snyder complimented
the developer on the first design and stated it was compatible to the neighborhood. Mr.
Snyder stated this is a massive box and is an entirely different project from the earlier
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design. He stated the members of Planning and Zoning Board should have an
opportunity to give their input on this and feels this could set a bad precedent. Mr.
Snyder stated if the Commission does not agree, then he requests that the developer make
the northwest corner more compatible by reducing the height and maintaining
landscaping and the proposed setback as a condition of approval.
Kevin Rouse, 166 S.E. 2 °d Avenue, Delray Beach, FL 33444, supports
this project; however, with regard to the design he suggested that in the future that the
building be looked at from more of an artistic representation in the city because Delray
Beach is becoming more contemporary.
Bob Proctor, owns two (2) nieces of property on 2 °d Street, Delray
Beach, FL (directly across the street from the nroiect), stated he feels this is a good
project and supports it.
Todd Donilatano (sn ?), 811 S.E. 3rd Avenue, Delray Beach, FL 33483,
supports the project and looks forward to the connection from Osceola Park to Atlantic
Avenue.
Kevin Homer, 319 S.E. 3rd Avenue, Delrav Beach. FL 33483. stated
safety is so important for this dilapidated area between Osceola Park and Atlantic
Avenue. Mr. Homer stated this project is going to generate more tax revenue and
business revenue because it is going to generate more people. Mr. Homer urged the
Commission to support this project.
Jim Smith, 1225 South Ocean Blvd., #202, Delray Beach, FL 33483
(Chair of S.A.F.E.), stated S.A.F.F. supports Uptown's conditional use density request
based on the 16 commitments made by the applicant. Mr. Smith stated Uptown Delray if
approved will become the first project in the history of Delray where owning a car will
not be required. Mr. Smith stated Uptown will attract young professionals and members
of the creative class who will bring vitality and increased economic activity to Delray.
He urged the Commission to approve this project.
Charles Bonfield President of S.A.F.E. 220 MacFarlane Drive 4S-
1203, Delray Beach, FL 33483, stated this is a local company and agrees that the
Osceola Park area needs to be developed. In addition, Mr. Bonfield stated this project
will provide one - bedroom efficiencies that will provide living space for these people.
Mr. Bonfield stated with this project only being two blocks from Atlantic Avenue it will
provide more walking and biking and less requirements for parking spaces for people
visiting other businesses on Atlantic Avenue and he urged the Commission to approve
this project.
Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483, stated this
should go back to the Planning and Zoning Board.
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10/15/13
Ken Rob, 217 S.E. 3" Avenue, Delray Beach, FL 33483 (lived here for
12 years Osceola Park), stated this is a very nice project and it would be great for the
community.
Bob Ganger, Chairman of the Florida Coalition for Preservation
located in Del_rgy Beach_, stated the Commission is here to decide whether or not to
accept 69.52 residential dwelling units per acre as the density. Mr. Ganger stated there
are going to be more cars with this project and other projects and he feels there is
potential for gridlock.
Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 3_3444 (represents
Joe White who owns the property immediately to the south on Federal Highway
who supports this development), stated this is not just about density but it is also about
intensity and is a combination of unit count as well as additional product development
that is put there (i.e. other uses such additional office, commercial, and restaurants). Mr.
Knight stated this is really about the totality of the project.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was closed.
There was no cross - examination.
Michael Weiner gave a brief rebuttal.
Mr. Frankel stated this is a local developer, a proven local history, and the
neighborhood support. He stated the applicant meets the Board Order and feels they have
done a great job throughout the community.
Mrs. Gray commented about the commercial space on Federal Highway
and stated there is residential living in that building on Federal Highway and how do they
separate from residential and commercial. The applicant briefly explained the project
design.
Mrs. Gray inquired about the amenities. Mrs.' Gray stated she loves the
diversity of the units and supports the project.
Mrs. Petrolia confirmed that the applicant is going to give the 66 parking
spaces to AT &T without having to eliminate. The applicant stated there will be no
parking waivers. Mrs. Petrolia stated there was the question about stepping back
originally with regards to vegetation and plant life. The applicant stated this was taken
care of and they have met all the requirements with regard to the calculations. Mrs.
Petrolia inquired about the bus shelter. The applicant noted that the bus shelter is a
donation. Mrs. Petrolia stated when something changes to this level she would like to see
it go through the process and go before the Planning and Zoning Board. She expressed
concern that this plan has been substantially modified and asked if the design can be like
it was. The applicant briefly explained why they cannot go back to the first design. The
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10/15/13
applicant stated this project functions and lives better for the residents; the original design
architecturally was more dramatic. The applicant reiterated stated it is a better livable
building for the residents because once you are a parking structure you are in theory two -
stories and once you are in the elevator core you are in a safe environment where before
you had to walk through a parking structure and there were six levels of parking.
Overall, the applicant stated this plan is similar in concept; the livability and the
components of where the buildings are pretty consistent with where they were before.
Mrs. Petrolia stated back in April/May she expressed concern over the parking down
below that was possibly going to be open to the public if not AT &T. The applicant stated
they can explore that idea.
Mr. Jacquet stated the applicant originally asked for density and height but
now has done some changes. Mr. Jacquet echoed the concerns expressed by
Commissioner Petrolia about the process and the Planning and Zoning Board's role in
this. However, the Commission had consensus here before they decided to hear it that
they want to go forward and hear it instead of remanding it back to the Planning and
Zoning Board. Mr. Jacquet stated he would like the process clarified for the future so
that if a project gets denied by the Planning and Zoning Board how does the applicant
come before the Commission (i.e. should the applicant come before the Commission with
the same thing or if they change it should they go back and should the change be
substantial in order for it to go back to Planning and Zoning). Mr. Jacquet stated this
project looks nice and thanked the applicant for addressing the concerns of Mr. Snyder
and for meeting with the neighbors to find a solution that works. Mr. Jacquet stated the
applicant has met LDR Section 2.4.5(E) and the requirements.
Mayor Glickstein commented about the corner adjacent to Mr. Snyder's
property and stated it appears that the applicant can make some adjustments in that
corner.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order approving the conditional use
request subject to the conditions attached in Exhibit "A ", seconded by Mr. Jacquet. Upon
roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes;
Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a
5 to 0 vote.
9.E. REJECTION OF ALL BIDS/BEACH CABANA EQUIPMENT
RENTAL CONCESSION _ Approve a request to reject all bids and re- advertise Bid
42013 -48 for the Beach Equipment Concession for the Publicly Owned Beach.
The City Manager stated staff recommends rejection of all bids and re-
advertise Bid #2013 -48 for the Beach Equipment Concession.
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10/15/13
Mr. Jacquet stated he voted to put this out to bid because of the usurpation
of the Commission's authority. He stated there was a concern that contracts were being
approved without coming to the City Commission but instead it was being checked by
someone else. Mr. Jacquet stated the decision was whether to extend that contract as is or
terminate that contract and put it out to bid and the Commission decided to send it out to
bid. Mr. Jacquet stated when this was brought up it was usurpation of the Commission's
power and he feels this has been addressed and the other issue was the amount of money
the City could be getting for the beach which is being addressed as well. Mr. Jacquet
stated now there is another issue that the City put out an RFP and did not get back as
many people as we wanted and should send it back out to get more people. Mr. Jacquet
stated either the City needs to accept the response for $1.5 or put it out to bid. Mr.
Jacquet stated he is okay with the response because the vendor is the current vendor and
the City has received no complaints about the vendor, the City is receiving substantially
more money, and he stated the current Commission is making the decision whether or not
to accept the response the City has.
Mrs. Petrolia stated the choice before the Commission is whether to go
with the City Manager's recommendation which is to throw out this bid not whether or
not the Commission is going to go with this bid because the Commission has not decided
to exercise the 30 -day out. She stated the process has not been done properly. Mrs.
Petrolia stated 11 of the 15 notices the City sent out were to active companies, inactive
companies, or those who have nothing to do with the beach service industry. Mrs.
Petrolia suggested that the City send out notices to the top 5 or 10 companies currently
serving other beaches. Mrs. Petrolia stated she supports the City Manager's
recommendation to go out to bid.
Mrs. Gray asked what is the process the City uses to inform vendors about
the RFP. The City Manager stated the City uses an on -line service and also publishes in
the Palm Beach Post and supplement that with letters to vendors. Mrs. Gray stated she
did not want to send this out to bid because she felt the City could have waited the 18
months until this contract was due and then send it out for bid. She stated this company
has been doing a great job and the City has had no complaints. Mrs. Gray stated since the
Commission decided that there has been money left on the table and the Commission
wanted to send it out to bid that is what they did. Mrs. Gray commented about the 30 -day
out clause and because the City did not receive more vendors is not an excuse to not send
it back out for bid. Mrs. Gray stated the Commission needs to move forward with it
otherwise she feels this sends a message to the business community that Delray Beach is
not open for business. Mrs. Gray stated this Commission and former leaders and
Commissioners have done a great job. Mrs. Gray stated she supports sending this out for
an RFP and does not support the City Manager's recommendation.
Mr. Frankel stated his initial position was to let the contract run out for the
remaining months and he did not agree with the 30 -day out clause because there were no
complaints and the vendor has done a good job. Mr. Frankel stated it appears that there is
one group that is complaining that was a bidder in 2009 and he noted it does not appear
that there were any changes. Mr. Frankel stated he also does not believe that the group
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10/15/13
did not know what was going on. Mr. Frankel stated there is nothing stated during this
process that if the City only received one bid that they would put it out. Mr. Frankel
stated he feels this was publicly noticed and sees no errors by staff. Mr. Frankel noted
that one of the other potential bidders submitted a public records request and received a
copy of the current bid that was received. Mr. Frankel stated going out a second time that
would invalidate the integrity of the process. He stated the Commission had expressed
that they wanted more money to see how much the beach was worth. Mr. Frankel stated
he supports accepting the bid that was received.
Mayor Glickstein stated the entire bidding process has embarrassed the
city. In his opinion, Mayor Glickstein stated the amount of time wasted by everyone and
the manner in which the RFP was issued from the time the Commission asked that this be
done has been one mis -step after another. Mayor Glickstein stated a 30 -day cancellation
clause for any kind of contract that requires capital investment is inconceivable. Mayor
Glickstein stated the City policy was to "cast a wide net" and since that was not done he
suggested that the City start over and re -bid the contract.
Mrs. Petrolia reiterated that the City has not changed anything on the
beach; they have not exercised an out, not asked for any differences of the services, and
there is nothing that is affected at the beach until the Commission makes the decision to
do that. Mrs. Petrolia stated she does not believe the Commission has the tools to make
the decision to do that. She stated the Commission may choose after getting another RFP
with bids to do nothing and not exercise that out. Mrs. Petrolia stated the whole process
was to find out what our beaches are worth and did not accomplish that goal. Mrs.
Petrolia stated this is a choice as to whether or not the City is going to go back out to bid
because of the inconsistencies. She stated the City only received one bid and the City can
make some minor changes.
Mrs. Gray stated the City did what they were supposed to do and she does
not see how it is good business to go back and reject everything after the Commission
went through a process that they asked for. Mrs. Gray feels the business people should
not have to suffer.
In his opinion, Mr. Jacquet stated perception in the public to not go out to
bid again because the concern is going to be that Delray Beach does not stand by their
process. Mr. Jacquet stated the 30 -day clause is unique and gives the City a leverage
position to protect our beach and at worst he would agree to 60 or 90 days but does not
want to get rid of the "out" clause. Mr. Jacquet stated he wants this to be done so that we
know we are getting more money for our beach, the Commission is in control, and Delray
Beach is open for business.
Mr. Frankel moved to not reject the only bid received to the City of
Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor Glickstein — No; Mrs. Petrolia No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray Yes. Said motion passed with a 3 to 2 vote, Mayor Glickstein and Commissioner
Petrolia dissenting.
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9_F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.G. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member to serve a two (2) year
term ending July 15, 2015 to the Green Implementation Advancement Board. Based on
the rotation system, the appointment will be made by Commissioner Jacquet (Seat 92).
Mr. Jacquet moved to appoint Stephanie Bedenbaugh as a regular member
on the Green Implementation Advancement Board to serve a two (2) year term ending
July 15, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Petrolia Yes; Mr. Jacquet --- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 10:06 p.m., the Commission moved to First
Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 24-13: Consider an amendment to Chapter 33,
"Police and Fire - Rescue Departments ", Section 33.65, "Administration ", to clarify the
membership of the board. If passed, a public hearing will be held on November 5, 2013.
The caption of Ordinance No. 24-13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33 "POLICE AND FIRE -
RESCUE DEPARTMENTS ", SECTION 33.65,
"ADMINISTRATION "; TO CLARIFY THE
MEMBERSHIP OF THE BOARD; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance is to allow the Mayor to nominate someone else to fill his position on the
Police and Fire Pension Board. The City Attorney stated he spoke with Pat Gleason with
the Attorney General's office and explained his concern to her about having two
members who are on one Board attend a SHADE meeting that is not open to the public
where matters relating to the administration of the Police and Fire Pension Plan may
come up in front of that board and that could be a problem and she likewise concurred.
Therefore, the City Attorney recommends that the City Commission approve the
ordinance.
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10/15/13
Mr. Frankel stated previously he was against this ordinance; however, he
appreciates the additional information the City Attorney received and respects the
opinion.
Mrs. Gray stated her concern was just to make sure that the Commission
had someone that would be consistent which would be a staff member. The City
Attorney expressed concern over limiting this to a City staff member and noted that
sometimes the Finance Director attends a SHADE meeting and there would be the same
issue. The City Attorney stated the Mayor can select someone from City staff if he so
desires; however, the City Attorney recommended that this not be limited to just City
staff.
Mr. Jacquet asked if this is with approval of the Commission. The City
Attorney stated the Mayor makes the nomination and the Commission approves.
Mr. Frankel moved to approve Ordinance No. 24 -13 on FIRST Reading,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel — Yes; Mrs. Gray --- Yes; Mayor Glickstein — Yes; Mrs. Petrolia —
Yes. Said motion passed with a 5 to 0 vote.
11.B. ORDINANCE NO. 27 -13: Consider an amendment to Chapter 30, "City
Commission ", Section 30.15, "Waivers of City Ordinances ", to clarify the process for the
granting of waivers for special events and to clarify who pays for the cost of publishing
the notice of the waiver request and amending Chapter 38, "City Policies ", to create a
new Section 38.02, "Special Events ", in order to codify our special event policy by
reference within our Code of Ordinances. If passed, a public hearing will be held on
November 5, 2013.
The caption of Ordinance No. 27 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 30, "CITY COMMISSION ",
SECTION, "30.15, "WAIVERS OF CITY
ORDINANCES ", TO CLARIFY THE PROCESS FOR
THE GRANTING OF WAIVERS FOR SPECIAL
EVENTS AND TO CLARIFY WHO PAYS FOR THE
COST OF PUBLISHING THE NOTICE OF THE
WAIVER REQUEST AND AMENDING CHAPTER 101,
"PARKS, BEACHES, AND RECREATION ", TO
AMEND SECTION 101.32, "ASSEMBLIES" IN ORDER
TO REQUIRE THAT GATHERINGS OF 25 PEOPLE OR
MORE MUST OBTAIN A SPECIAL EVENT PERMIT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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10/15/13
(The official copy of Ordinance No. 27 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Brief discussion between Commissioner Jacquet and the City Attorney
followed.
Mr. Jacquet moved to approve Ordinance No. 27 -13 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel
Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet Yes.
Said motion passed with a 5 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
12.A. City Manager
The City Manager stated all the performance appraisals are now brought
up -to -date and briefly explained the process.
Secondly, the City Manager stated staff received the draft report from the
Department of Social Services regarding sober houses.
12.B. City Attorney
The City Attorney stated Terrill Pyburn, Assistant City Attorney, will
receive the Home Rule Hero Award from the Florida League of Cities specifically for all
the work she has done on the sober house legislation. He stated this award will be
presented to Ms. Pyburn on October 23, 2013 at the Palm Beach County Legislative
Roundtable.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel had no comments or inquiries on non - agenda items.
12.C.2. Mrs. Gray
Mrs. Gray reminded everyone about the Mayor's Town Hall Meeting on
Thursday, October 17, 2013 at 7:00 p.m. at Atlantic Community High School regarding
education.
Secondly, Mrs. Gray stated WARC is having a meeting for the public
tomorrow evening regarding the three proposals the City received back from the CRA.
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10/15/13
Lastly, Mrs. Gray stated she wants the public to know that the City does
have good staff.
12.C.3. Mrs. Petrolia
Mrs. Petrolia inquired about redoing the procurement process.
Secondly, Mrs. Petrolia asked for a status update regarding the
paragliding.
Mrs. Petrolia asked if there is any preparation that the City Commission
needs to be doing for the Town Hall Meeting. Mayor Glickstein stated there is reserved
seating in the front row for elected officials.
Mrs. Petrolia asked how the City will be observing Veterans Day. Bob
Barcinski, Assistant City Manager, stated some of the Veteran groups hold a ceremony at
Veterans Park as well as the Delray Beach cemetery. Mrs. Petrolia suggested that the
City do something to acknowledge and honor Veterans Day.
Lastly, Mrs. Petrolia commented about women on boards.
12.C.4. Mr. Jacquet
Mr. Jacquet asked if the Commission will have the opportunity to address
the public and will the public be able to ask questions of the Commission. Mayor
Glickstein stated the meeting is over at 9:00 p.m. but the Principals and elected officials
are asked to remain until 9:30 p.m. to answer questions. In addition, Mayor Glickstein
stated there will be Creole and Spanish speakers so that they can ask and answer
questions accordingly.
12.C.5. Mayor Glickstein
Mayor Glickstein commented about there not being any criteria when
something should go back to Planning and Zoning and stated there should be a policy in
place for this.
Secondly, Mayor Glickstein stated he has been inundated recently with
emails regarding the dog beach issue and feels that Delray may want to consider looking
at what Boca Raton is doing. He stated the beach is currently being used unofficially as a
dog beach and suggested that Delray Beach have some procedures in place that people
can follow.
Lastly, Mayor Glickstein stated about one month ago he received
notification that the DDA's boundary is incorrect and they have not properly notified the
Property Appraiser's Office. Mayor Glickstein stated he has not received a response and
he would like the DDA to have a meeting to let the Commission and the public know
what is going on.
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There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:29 p.m.
City Clerk
ATTEST:
AYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 15, 2013, which Minutes were formally approved and adopted by the City
Commission on December 10, 2013.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITE' OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 37 SW 5TH AVENUE.
ORDER OF THE CITY:COMM.ISSION
OF 114E CITY OF DE LRAY BEACH, FLORIDA
1, The.waiver request regarding 37 SW 51h :Avenue. has came :before the City
Commission orr October 1-5x- 20:9 3-,
2. The. Applicant and City staff 'presented documentary evidence and:
testimony to the City Commission pertaining: to' the' waiver request for 37 SW 5'11
Avenue. All of the evidence is a part of the record in this: case.
I. Waver: Pursuant to LDR Section 2.4.7(B)(5), prior to granting 'a waiver, the:
approving: body Shall make a finding that the granting of the waiver
(a) shall not adversely affect-the2 neighboring area;
(b) shall 'not significantly diminish the provision of public facilities;:
(c). shall not create an unsafe sit'uati'on; and
(d) does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Pursuant to LBR Section 4,6,98(B)(14)(e) {iii)', chain link fences are prohibited
:except within site.s containing outdoor recreation uses or facilities:
Should the waiver to, Section 4.13AS(B)(T4)(e)(iii) to allow a 6' tall; black
vinyl,' chain link fence at the property located at 37 SW St" Avenue be
granted?
Yes Y" No
1 The City Commission has applied the. Comprehensive Plan and LDI
requirements in existence at the time. the original plat'was submitted,
4. The City' Commission. finds there: is ample and competent substantial
evidence to support its findings in the record submitted an adopts the facts contained
in the record including but not limited to the: staff reports, testimony of experts and other
competent witnesses which supports the. findings set forth in this Order.
City Commission Meeting on October 15, 2013; Item 9.A.
5. Based on the entire; record befcre: it, the Gity Gowhissiori approves
denied the waivor With the conditions attached on Exhibit "A"' and hereby adopts
this Order this 15th day of October, 2G13, by a, vote of 5': in favor and . t
opposed.
ATTEST: Gary D. G.II s; n, IVlayaIF
2
City Commission Meeting an October 15, 2013; Item 9.A.
Exhibit A
1. That the chain link fence: be limited to the south side .and rear of the prgperfy;
2. That the missing pickets in the existing picket fence. be teplaced along the font
and north property lines'.
3. That the chain link fence be screened with a plant,. material acceptable to the City
Horticulturist:
3
City Commission Meeting on October 15, 2013; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE. CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR THESPODAK DENTAL GROUP AT
391I1W. ATLANTIC AVENUE
1, These waiver requests came before: the City Commission on October 15,
2013.
2. The, Applicant and City staff presented .documentary evidence and
testimony to. the City Commission pertaining. to the waiver roquest for the Spodak`
Dental Group at 3911 West Atlantic Avenue. All' of the evidence is a part of the record
in this case. Required' f nd'ings are made in acco. roance with Subsection 1.
1. WAIVERS. Pursuant to LDR Section 2.43(13)(5)- granting a waiver, the
approving laady shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of.public facilities;
(d) Shall not create an unsafe situation; arid.,
(d) Does not result; in the grant of a special privilege i'n' that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. Waivers to LDR Section: 44.6.7 E 7
Pursuant to LDR Section 4.6.7(E)(7), wall. signs must face the dedicated
street frontaga
1) The applicant is asking for a. waiver to allow the: wall sign on the
West elevation to not fade the dedi'eated street. frontage:...-
Should the waiiveir to Section 4.6.7"(.E)(7) for` the, sign on the west
elevation he grannted?'
Yes ✓ No
.1
City Commission Meeting on October 15, 2013; Item 9.B.
2) Tho applicant is. -asking for a waiver #o allow the walk . sign on the
east elevation to nQf face. the dedicated street frontage.
) for t on the ea s#
Should the waiver to. Section 4.6.7(E)V the dtin e S
elevation: be granted?
yes V No
B, Waivers to L'DR- Section 4,6.7 (J)(3'
PursUa.nt to LDR Section 4.6.7(,1)(3)�,, sighs erected abovd the roof lihe. are
0 ro hibited.
The applicant is asking f6rq: waiver- to alloW. the sign pry the east
elevation, t o be erected. ab.ove, the poof line,:.
Should the WalVer to Section 4.6.1(j)(1) :for the sign on the east
elevation be, qrAht6d7
yes
2) The applicant, is .askhg for: a waiver to allow the. sign on the west
elevat[on to be erected above the roof line.,
Should the waiver 'to Section 4.6.7(J)(3) for the a . ign on the West
eleVati'on be granted?
Yes ✓ No
3) The; applicant is asking for, :q waiver to allow the sign on, the front
(south) elevation to be erected above: the roof Me.
Should the waiver to Section 4.6.1(J)(3) for' the sign, on the front
(south) elevation be geanw?
Yes V No
.711
City Commission Meeting on October 15,2013; Item 9.B.
I The City Commission: has applied the Comprehensive Plan and LDR
requirements in existence, at the time the: original development application was.
:submitted and finds that its determinations set forth in this Order are consistent With the
Comprehensive Plan
4. The: City Commission finds there is ample and competent substantial
evidence. to support its findings in the record submitted and adopts the facts contained'
in the :record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6, Based. on the, entire' record before. it,. the City Gommis$ion
approve I/ denies.. the waiver cegpests.
6 Based on the entire record before it the City Commission hereby adopts
this Order this 15th day of October 2013, 'by, a vote of 5 in favor and D
Opposed.
ATTEST: Cary D'. Glic t , Mayor.
Chevelle Nubin, City' Clerk
3
City Commission Meeting on October 15, 2013; Item 9.6.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELIAY BEACH, FLORIDA
ORDER:OFTH.E CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST REGARDING: AN INCREASE IN SIZE OF TEMPORARY
SPECIAL. EVENT NON - ROADWAY BANNERS FOR THE WINE AND SEAFOOD:
FESTIVAL
-- - - - - - -- _ _.. - - - --
- fi:- _ JT is waiver request fa alto nor an increaae in size -of- ernporary special
'event non- roadway banners to exceed. ;20 sq: ft. 'in. area came: before the City
Commission on October 15, 2013_
2. The Applicant and City, staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver regpest to allow special event
non- roadway banners to 'exceed 24 sq. ft. in area. All of the evidence is, a part of the
record in this case_ Required findings are made in accordance with Subsection 1.
I. WAIVER.
Pursuant to LDR Section 2.4,7
(B)(5); prior to granting. a waiver, the approving
body shall make a finding that the granting of'the waiver
(a) Shall' not adversely affect the neighboring .area;
(6) Shall' not significantly diminish the provision of public facilities,
(c) Shall not create an unsafe situation. and.;
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances oil other property for
another applicant orowner.
A: Waiver Request:
A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size' of
temporary special event non- roadway banners from the twenty' (20) sgpare foot area
size maximum provided. in the LDRs ;to approximately twerity- four °(24) square foot area
size,
Does the waiver request to. lherease the special event. non - roadway banner
size meet all the requirements of 2.4.7(B)(5)?
Yes ✓ No
City Commission Meeting on October 15, 2013; Item 9.C.
3. The City Commission has applied the Comprehensive mprefiensivo Plan and LOR
fequjrernen.ts i.n existence at the, time. the :original development application was
stibmitted'and find's that its deterrninatlohssOt forth in this. Order are consistent With the
Comprehensive Man.
4. The City C.6mmission finds there is ample and cornpetent supsta n ia
I
evidence to support, its findings, in the record submitted' adopts t . he fad tontained.
--Jntho record' -jn.cludin..---b-4& - not-limited-tp the staff reports, A r_ M--o-- ny ---
experts
competent Witn6sses supporting these. find.iligs,
5;,. 88[sed.on the entire record before it the. City. Commission aPPTOVO$
denies the waiver requests to LD'R Section 4.6.7(F)(3
Bpsed on the entire, record before: it, the City Commi ss ion hereby �dopt S
.
Cheveik Nubin, Citsf:Clerk
2 .
City Commission Meeting on October 15, 2013; Item 9.C.
IN THE CITY COMMISSION
CHAMBERS OF THE= CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR UPTOWN DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY REACH, FLORIDA
1: This conditional use request: to increase the residential density of the
project to- :69;52- .dwelling units.- per acre for - the, :.Uptown -Delray.deyelop rent -has come --
before the City Commission on October 15,20.13.
2. The_ Applicant and City staff presented documentary- evidence and
testiin-iony, to the: City Commission pertaining to the conditional use request for Uptown
Delray: All of the :evidence is a mart of the record in this case. Required findings are
made in accordance with Subsections. I and II.
I. COMPREHENSIVE' PLAN
a. Comprehensive' Plan - Future. 'Land Use Element Oaie,ctive A -11 This
objective requires that the property shall be developed. Qr redeveloped as it pertains to
height, in a manner so that the future use and intensity is: appropriate in terms of soil, .
topographic,. and other applicable physical considerations, is complementary to adjacent
land uses; and fulfills remaining land use needs.
Is this. objective. met?
Yes No
b, Future Land Use Mg : The resulting use of land: or structures must. be
allowed in the zoning, district within which the land is situated acid said zoning must be
consistent 'with the applicable land use designation as. shown on the Future Land Use
Map. The subject property has a Future Land. Ilse Map designation of Commercial.
Core and is zoned. Central Business District..
Future: Land. Use - Is project's proposed Location consistent with the
Future Land Use Map?
Yes V No
City Commission Meeting on October 15, 2013; Item 9.D.
Q. ConqurrencV: Facilitlet, which, are provided by, or through, tine City
shall be provided to new, development concurrent with jssuan.oa of a Qertftate of
Qqpupan c v These facilities shall be provided pursuant to levels of service e�stqblished,
within the Go.rn'prbhensive Plan.
concurroocv, as defined le tv - B-21. of the Land.. Use
pursuant to Qbj c i e ...
Elementof the Comprehensive: Plan m.pst. be m.et,a.nld aAptermination. made that the
public- facility needs of the requested land use andlor d.eve[opro.ept application will not
exceed the abirfty of the City to ftind and provide, or to foqoire the provision 6f,., needed
capital improvements for the, following areas:
11. 1. LDR REQUIREMENTS:.
a. LDR. Section 2.4.50 Required Fifid'inaAE, (Conditional Ilse '1 Pursuant'
to Section 27A.5(rt)(fi),; in' addition to. provisions of Chapter 3,, the..�conditiorialAige will not'
i, Have a significantly dekirpertal effect upon: the stability of thp:
b tod"
neighborhood within which it:will be ioca.
ii- Hinder develophient or redevelopmerits of nearby: propertle$..
Will Sftflotl 2.4.5(115)(5) be M0i?
Yes
b. Increase in DensitVi P:ursuant to LDR Section 4A.13(l), an I increase
In density greater thah 30 dwelling: units per acre may be, approved by the City
Comr,hission as::a. conditional use f6t pro perfy Within the Central Qors.portion of the
COD, proVided1liat 200/6 of the residential tinjts above. 30 dwelling units the
We per acre in
commercial. core shall be workforce housing Units- The workforce housing Units shall be.:.
divided between low- and moderate income levels aid shall, be provided either..onsite',
offsite or through at rnon0tary contribution.
City Commission Meeting on October 15,2013; Item 9.D.
1. The applicable perFormonce standards for development under this
section are met as follows
(a) The development offers variation in design to add interest to
the elevations and relief from the building mass..
t7 If thabuilding Includes a parking garage as an associated
structure or within the pnn:cipal building, the garage elevation
provides unified design elements with the- main Wilding
through the use of similar building materials and color,
vertical and horizontal elements; and architectural style;
(c) A number bf d:ifmrent -unit types, smes; and floor plans are
available within the development. Two and three bedroom
units are encouraged,. as are a combination of multi -level
Units and Mg. In projects; consisting: of more than twelve
(12) dwelling. units, the proportion "of efficiency or studio type
units may not exceed :25% of'the total units.,
(0) The project design shall create an Overall unified
architectural character and image by the use, of common
elements between the building(s), parking lot,. and
landscaping;
(e) The development provides' common areas. and/or amenities
for :residents; such as swimming pools, exercise rooms,
storage rooms or lockers; covered. parking, gardens,
courtyards or similar areas, and /or amenities.
(f) The development promotes pedestrian movements by
providing convenient access from the residential units to the
public sidewalk system.
(g) The development provides opportunities to share parking,
accessways,,, driveways, etc,,. with adjoining properties, or
provides additional parking spaces, that may be used by the
public.
(h) Projects fronting on Atlantic Avenue., NW /SW'sth Avenue., NE
Ist Street or SE V' Street contain nonresidential uses: on the
ground floor.. At. least 75 %. of the: surface: area' of the front
street walls) at the ground floor area: of each such building.
is devoted; to display windows and to entrances to
commercial uses from outside the building.
3 City Commission Meeting on October 15, 2013; Item 9.13.
(i) Ttfe I . anoscape plan for the development' preserves and
incorpo.ratps existing native; Vegetation (where e a a a
v il ble),,
provides new landscaping that is. excess' of minimum' .
standards, Whbi height, and innovative
(i ity), dehionstratesirfn
use. of im proves site design, provides es . useable
open space . or l
pubic plazas,; . .. .
and rria)dimi4es, ayai.14Wei areas
for, pedestrian interaction.
Are these requirements MOO:
yes V" No
3, The comments " and. notes se . t forth i . n the_ staff report area hereby:
incorporated hetein..
4. The City Gorrimi5sion has, applied the Comprehensive, Plan; and LDR,
.requirements . in'ekistehteatthe ,tithe.!the canditioh;j.I .use .request Was submitted.
5. The' Commission finds, there is ample: and compete ht, substantial
evidence to support itsfindings, in the record submitted and adopts the facts. contained
ih,the, record incloding.but not limited ta.,the s%ff re.pqrts,jestirriony.pf expertt. And other
competent witnesses suppoffIng these finditogs.
Based on the entire record before it; the City C6ramission, approves
IN
denies thee conditional use request set: forth subject; to. the .conditions. set
forth; in Exhibit A attached hereto and made a part hereof, and hereby adopts this Order
this 1.5th day of October, 209 3i by a vote of 5, in Iavor of approval and 0.
opposed.
G'ary D.."ffliq std ayor
ATTEST;,
Chevelle Nubin
City Clerk
4 City Commission Meeting on October 15,2013; Item O.D.
EXHIBIT A
TO THE CONDITIONAL USF-MODIFICATION
REQUEST FOR UPTOWN DELRAY
I A.Pprwal oua site pi . an by SPRAB that ii0ri general confbirmanco to the submItted
sketch plan and addressing of the issues identified in this staff report.
2. That a finding of traffic Goncurrenq.y e 6 Rahn County
b provided from th rn ea
Traffic: Engineering biwsion.
. . . .. .. .. .. .. .. .......... ..... ......... __3_ That the provision. of workforce_ housing.. units be_ addressed_. per .anagr ement'tp
............
be approved . by the Community Improvement Director and, executed; ted: prior to
certification of the site plan.,
4_ That the . workforce covenant include laprovision that no efficien-p or studio,
units be utilized for that. program.
5. That the two at-gtade cross 'Walks in theall6y be. raised and additional hardscape
details be provided with the site; plan submitted.
City Commission Meeting on October 15, 2013; Item 9.13.