01-06-15 Regular Meeting MinutesJANUARY 6, 2015
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, January 6, 2015.
1. Roll call showed:
Present- Vice Mayor Shelly Petro]ia
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent - Commissioner Alson Jacquet
Also present were - Donald Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
At this point, Mayor Glickstein introduced and welcomed the new City
Manager Donald Cooper.
At this point, Mayor Glickstein read the Martin Luther King, Jr. Day
Proclamation into the record.
4. APPROVAL OF A/HNUTES:
A. None
At this point, Mayor Glickstein read a proclamation hereby proclaiming
January 19, 2015 as Dr. Martin Luther King, Jr. Day in the City of Delray Beach, Florida
and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf
of all Americans and join in the celebration of his contributions to the struggle for peace
and freedom for our nation and throughout the world.
5. PRESENTATIONS:
A. None.
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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.
None.
6.B. From the Public.
6.13.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, wished
the City Commission a Happy New Year and the best of luck in dealing with all the
unknown challenges.
Secondly, Mr. Warner welcomed City Manager Donald Cooper.
6.13.2. Alice_Finst, 707 Place Tavant, Delray Beach, FL 33445, stated several
meetings ago she spoke to the City Commission about Depot Square Apartment Project
on Atlantic Avenue and the Railroad Station and how the entrance off Lake Ida Road east
of Congress Avenue with a bike walking path over to Atlantic Avenue would be a great
addition to Lake Ida Road. Mrs. First on the south side of Lake Ida Road there are two
large retention grass retention ponds which keep the area green and building free. She
provided the City Commission with a" Guide For Real Florida Gardeners" and briefly
spoke about an article regarding empty retention areas. Mrs. Finst urged the City
Commission to place this suggestion for further beautification improvements for Lake Ida
Road on an upcoming Agenda.
6.13.3. Fran Marincola 1138 Vista Del Mar Drive South Delray Beach FL
33483, stated he supports the winning City Commissioners and Mayors regardless of who
he supported in the campaign and it has always been about Delray to him. Mr. Marincola
urged them to do whatever they can to help stop the attacks on social media by publicly
condemning these types of personal attacks and not stand silent. Mr. Marincola stated on
Thursday he is going to ask the BPOA that any letters they receive that personally attack
someone that they do not pass on.
6.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 92110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated he appreciates everything Mayor Glickstein
is doing and supports him.
6.13.5. Chris Davey, 319 E. Mallory Circle, Delray Beach, FL 33483,
welcomed City Manager Donald Cooper and commented about an article which appeared
in the Sun -Sentinel yesterday about the bike lanes and the pedestrian area. Mr. Davey
stated there are resident who are concerned with pedestrian and bicycle safety throughout
the entire city. He urged the City Manager to keep an eye on things like this in future and
the city can become more proactive and get involved in the process sooner.
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6.B.6. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, wished the City Commission a Happy New Year and welcomed City Manager
Donald. Cooper.
Secondly, Ms. Morrison commented about the traffic on Linton Boulevard
and now the County wants to start to improve between Congress Avenue and west of
Military which is to the heart of the commercial district to the hospital, the four corners,
and right off I-95. Ms. Morrison stated she contacted Commissioner Abrams to see what
can be done to delay this until after season. She stated Lowson Boulevard, S.W. 10`x'
Street, Swinton Avenue, and George Bush Boulevard are all city roads and if the city
wants them to be bicycle/pedestrian friendly it will cost the city. Ms. Morrison stated she
appreciates anything the City Commission can do to intervene in helping make Linton
Boulevard better.
6.13.7. Patrick Halliday, 1071 Delray Lakes Drive, Delray Beach, FL 33444,
Board Member for Human Powered Delray (HPD) and President of the Delray
Beach Bicycle Club, wished everyone a Happy New Year and commented about Linton
Boulevard. Mr. Halliday stated there are some wonderful areas for bike rides in the city
and stated the Linton Boulevard issue is a good thing because it is going to help the City
move forward in a better way so that we can be considerate of a bikeable and walkable
and start to get recognition in some of the major publications. Mr. Halliday urged the
City Commission to do whatever they can to stop the current resurfacing project until the
City has a chance to give it the proper review.
6.B.8. Jim Chard, 401 S.E. 4th Avenue, Delray Beach, FL 33483, welcomed
Mr. Cooper.
Secondly, Mr. Chard commented about the County's resurfacing project
on Linton Boulevard. He stated HPD, S.A.F.E. and the Delray Bike Club discussed this
problem and what the options were and through the leadership of Francine Ramaglia and
Isaac Kovner they have addressed this problem and entered into conversation with the
County but they have has only given them five (5) days to come up with a plan and come
up with the money on how to do it. Mr. Chard urged the City Commission to delay the
resurfacing, advocate narrower lanes, advocate slower speeds, and propose a protected
bike and pedestrian lane on Linton Boulevard.
6.B.9. Jason Bregman, 227 Lake Terrace, Delray Beach, FL 33444, stated in
terms resurfacing they have to put down pavement and it is just a matter of restriping and
there should be little to no cost in actually striping in a way that also includes bike lanes.
Mr. Bregman stated no one is suggesting removing the travel lane and he is shocked that
this is occurring in season. He stated with respect to the 10 foot travel lanes FDOT did a
study and showed that it does not impact volume or flow. Mr. Bregman stated the
County's Bicycle and Pedestrian Master Plan shows east of Federal Highway that it is a
restriping candidate recognize that all they have to do is restripe; west of Federal
Highway it does need some study. He suggested that there be some restriping and very
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low bollards.
Secondly, Mr. Bregman stated with respect to the CBD LDRs it would be
very helpful if whatever changes are going to come up could come up with enough
advance notice so that everyone can communicate that prior to work those issues out so
they can get it done. He requested that the City Commission encourage Treasure Coast to
come back in again.
6.B.10. Ken Parker, 2063 Valencia Drive, Delray Beach, FL 33445, stated he
lives in the area of Linton Boulevard and Military Trail and he drives it regularly and
bicyclists use this road. Mr. Parker stated it is dangerous because bicyclists will be in the
lane and people in the right lane will move over and then they encroach on the next lane
of traffic. He stated some people believe that by adding a bike lane then it is going to be
more dangerous because the lanes are narrower people can stay in their lanes. Mr. Parker
stated from his perspective as a driver it makes more sense to have a bike lane and
concurs that doing the resurfacing in the middle of season is not good timing. He
suggested that sidewalks be on both sides of the road especially in the area of Linton
Boulevard near Military Trail and noted if he was doing urban planning he would not he
would mandate that there has to be a doorway to get to all the businesses there but if we
are going to build walls to consider people who have mobility issues and make it easy for
them to get everywhere they need to go.
6.B.11. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.), read a brief statement into the record and stated Linton
Boulevard is a dangerous street for all travelers especially bicyclists and there is no space
on the road for them except riding in the gutter. He stated that Linton Boulevard is a vital
commuter link in a network of bike lanes in Delray and the MPO (Metropolitan Planning
Organization) acknowledged that when they approved it in their Comprehensive Master
Plan in March 2011. Mr. Smith requested that the City ask the County to provide more
funding for building safer complete streets, that the City ask the County to install road
signs wherever a bike lane stops warning bicyclists that the road ahead is unsafe for them
and that the road signs remain permanent until protected bike lanes are provided and ask
the City Manager to send a letter to the Administrator of Pam Beach County asking that
all County roads located in the Delray be complete streets. Mr. Smith gave kudos to
Issac Kovner, Randal Krejcarek, and John Morgan.
6.B.12. Pablo Del Real, 521 Southridte Road, Delray Beach, FL 33444 (Vice
Chair of Human Powered Delray), wished the City Commission a Happy New Year.
Mr. Del Real briefly spoke about the Linton Resurfacing Project and public safety. He
stated the County wants to spend money in Delray Beach on Linton Boulevard and
inquired if Delray's priority is public safety for the pedestrians and bicyclists on Linton
Boulevard or is it a smoother ride for the cars.
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Mr. Del Real stated the County takes direction from the MPO (Metropolitan Planning
Organization) on transportation projects so that if the MPO directs them to do a study and
spend the money on the east side of Linton Boulevard from Federal Highway to 1-95
rather than the west side, the City could make some improvements for public safety
versus a smoother ride for cars.
6.B.13. Pauline Moodv, 609 S.W. 8th Avenue, Delrav Beach, FL 33444, with
respect to the Linton Resurfacing Project she feels that resurfacing the roads makes sense
and stated there are sidewalks going out west.
Secondly, Ms. Moody welcomed City Manager Donald Cooper.
Lastly, Ms. Moody stated she is opposed to Michael Coleman's
appointment as Interim Community Improvement Director.
63.14. Ron Gilinsky, 1405 S. Federal H_ iahway #140, Delray Beach, FL
33483, welcomed City Manager Donald Cooper and City Attorney Noel Pfeffer and
thanked the City Commission for ratifying PBA contract between the City and the PBA
for the period of October 1, 2014 through September 30, 2017.
Secondly, Mr. Gilinsky stated with regard to the left-hand turn problem on
Atlantic Avenue from Swinton Avenue to 5a'. Mr. Gilinsky stated this is peak season and
the traffic on Atlantic Avenue is unbearable. He suggested that the City stop the left-
hand turns, stop the commercial traffic, and the construction traffic coming from the
beach in the afternoon and that the traffic be re-routed in other directions.
63.15. Carol Anderson 1441 East Bexley Park Drive Delray Beach FL
33445 Outreach Director of S.A.F.E. (Safety as Floridians Expect), wished everyone
a Happy New Year and stated S.A.F.E. campaigned for a long time and has accomplished
is that there are now four (4) disability friendly pedestrian walk lights at the corner of
Atlantic Avenue and east 4d' Avenue. Ms. Anderson stated the City has asked the CRA
for funding to put more of these up-to-date pedestrian crossing signals up especially at 2nd
Avenue and Atlantic Avenue. She thanked the City Commission and City Engineer Isaac
Kovner for seeing this project through.
6.B.16. Jim Knight, 123 East Atlantic Avenue Delray Beach FL 33444
welcomed City Manager Donald Cooper.
Secondly, Mr. Knight commented about the wide walkable pathway in
front of Senor Burrito on Federal Highway and stated it is wonderful.
Mr. Knight stated a client of his recently opened Delray Pharmacy at the
corner of Linton Boulevard and Congress Avenue and noted the pedestrian crosswalk is
not working there.
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Lastly, Mr. Knight commented about the LDRs and asked for a firm date
as to when they are definitely going to be done and if they are going to be extended.
7. AGENDA APPROVAL.
Vice Mayor Petrolia requested that Item 8.B., Resolution No. 01-15 be
moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia -- Yes. Said motion passed with a 4 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT/SEAGATE COUNTRY CLUB AT
THE HAMLET: Approve a final subdivision plat for the Hamlet at Delray, for the
creation of five (5) single family lots within Seagate Country Club at the Hamlet.
8.13. RESOLUTION NO. 01-15: Approve Resolution No. 01-15; vacating
and abandoning a utility easement located on the north side of S.W. 21" Street,
between S.W. 15t Avenue and S.W. 2"a Avenue.
The caption of Resolution No. 01-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THE UTILITY EASEMENT
DEDICATED BY THE PLAT OF "RE -SUBDIVISION
SOUTH HALF OF BLOCK 54 DELRAY, FLORIDA" AS
RECORDED IN PLAT BOOK 11, PAGE 2, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 01-15 is on file in the City Clerk's
office.)
S.C. LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT
LOFTS: Approve a Landscape Maintenance Agreement with SW Delray One LLC., to
install landscaping material in the right-of-way of S.E. Is' Avenue.
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8.D. LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT
OFFICES: Approve a Landscape a Maintenance Agreement with J & M Holdings and
Investments, Inc., to install landscaping material in the right-of-way of S.E. 1St Avenue
and S.E. 1St Street.
8.E. LANDSCAPE MAINTENANCE AGREEMENTIFAIRFIELD INN
AND SUITES: Approve a Landscape Maintenance Agreement with Prime Delray
Hotel, LLC., to install landscaping material in a portion of the right-of-way of Atlantic
Avenue located on the south side of Atlantic Avenue, between S.W. 9th Avenue and S.W.
10th Avenue.
8.F. REVOCABLE LICENSE AGREEMENT/FAITH-HOPE-LOVE-
CHARITY, INC.: Approve a Revocable License Agreement with Faith -Hope -Love -
Charity, Inc. to utilize the space and provide services from the Neighborhood Resource
Center (NRC) to provide veterans and active duty service members with supportive and
mental health services, financial assistance, housing and community outreach.
8.G. REVOCABLE LICENSE AGREEMENT/LEGAL AID SOCIETY
OF PALM BEACH COUNTY: Approve a Revocable License Agreement with Legal
Aid Society of Palm Beach County to utilize space and provide legal services from the
Neighborhood Resource Center (NRC).
8.H. REVOCABLE LICENSE AGREEMENT/URBAN LEAGUE OF
PALM BEACH COUNTY: Approve a Revocable License Agreement with Urban
League of Palm Beach County to utilize space and provide mortgage and foreclosure
services at the Neighborhood Resource Center (NRC).
S.I. RESOLUTION NO. 02-15: Motion to adopt Resolution No. 02-15;
approving the termination of employment of Dennis L. Coates, former Executive
Director of the South Central Regional Wastewater Treatment and Disposal Board
(SCRWTDB) in order to satisfy the requirements of the Interlocal Agreement regarding
the discharge of the Executive Director.
office.)
The caption of Resolution No. 02-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO APPROVE
THE TERMINATION OF EMPLOYMENT OF DENNIS
L. COATES EFFECTIVE AS OF NOVEMBER 21, 2014
PURSUANT TO SECTION FIVE OF THE
INTERLOCAL AGREEMENT CREATING THE SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD.
(The official copy of Resolution No. 02-15 is on file in the City Clerk's
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B8J. MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT
OF MANAGEMENT SERVICES, BUREAU OF FEDERAL PROPERTY
ASSISTANCE: Approve the Memorandum of Agreement for the Florida Bureau of
Federal Property Assistance and the State Plan of Operations for excess Department of
Defense properties.
S.K.
PROCLAMATIONS:
L Martin Luther King, Jr. Day — January 19, 2015
S.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period December 1, 2014 through December 26, 2014.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Line -Tec, Inc. in an amount not to exceed
$158,183.25 for services relating to connecting customers to the
recently completed Area 12A -Phase 2 Reclaimed Water System
via the City of Boynton Beach contract Bid #050-28121-13/JMA.
This is in compliance with Chapter 36, Section 36.02 (C)(7)(c),
"Utilization of Other Governmental Entities' Contract". Funding is
available from 441-5161-536-49.23 (Water and Sewer Fund: Other
Current Charges/OB/Reclaim Water Distribution System).
2. Contract award to Utility Services Associates, LLC in an annual
amount not to exceed $65,000.00 via the City of North Miami
Beach, for services related to water line leak detection. This is in
compliance with Chapter 36, Section 36.02 (C)(7)(c), "Utilization
of Other Governmental Entities' Contracts". Funding is available
from 441-5123-536-34.90 (Water and Sewer Fund: Other
Contractual Services).
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel
Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. RESOLUTION NO. 01-15: Approve Resolution No. 01-15; vacating
and abandoning a utility easement located on the north side of S.W. 2nd Street, between
S.W. I" Avenue and S.W. 2nd Avenue.
Dana Little, Planning and Zoning Director, stated this item is Resolution
No. 01-15 an easement/abandonment located on the north side of S.W. 2nd Street,
between S.W. l't Avenue and S.W. 2 Avenue.
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Mr. Little stated the easement was dedicated by the plat of the Re -Subdivision of south
half of Block 54 recorded January 17, 1925. The area to be abandoned measures 16 feet
wide by 100.10 feet deep. Pursuant to LDR Section 2.4.6(1)(1), a general utility
easement dedicated to the City or to the public may be abandoned and abandonment of
such easements may be granted by a formal resolution enacted by the City Commission.
The City's Environmental Services Department (ESD) has reviewed the request and has
no objections to the abandonment since no water or sewer mains were located within the
abandonment area. Mr. Little stated ESD stated that due to the water meter's close
proximity to the property line (within 18 inches) that an easement will not be necessary to
service the area. He stated Florida Public Utilities, AT&T, Comcast and FP&L have
been notified and have no objection to the abandonment since no public facilities have
been located within the abandonment area. Staff recommends approval of Resolution.
No. 01-15.
Vice Mayor Petrolia stated we are allowing for aggregation of property
and not looking at it from the standpoint as to how does this benefit the public (not a
private parry) because this actually a piece of City property. Vice Mayor Petrolia
expressed concern that the City is giving away parcels of land.
For clarification, Mayor Glickstein stated the City is not giving away
parcels of land but the City is abandoning a utility easement over property that the current
owner owns and will own whether it is abandoned or not.
Vice Mayor Petrolia stated we are allowing for the utility easement to be
adjoined by the property that is surrounding it and gives the ability to be aggregate that
parcel with the parcel next to it. Mr. Little stated there is an existing easement there with
no utilities within the easement and they want to abandon it to make the sale.
Furthermore, Mr. Little stated this is not a separate tract of land but is a utility easement
that would allow access to service in the event if there were utilities.
Vice Mayor Petrolia moved to approve Resolution No. 01-15, seconded by
Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura — Yes. Said motion passed with a 4 to 0 vote.
9.A. _WAIVER REQUESTS/THE DEL: Consider approval of waiver
requests to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking
Distance", to reduce the required stacking distance from 5' to 4' 2" along Artists Alley
and to Land Development Regulations (LDR) Section 6.1.4(C)(3)(b)(1), "Driveway
Locations", to reduce the required 25' between the driveway and the extension of the
ultimate right-of-way line at the intersection of the northernmost driveway along the alley
and N.E. 4t' Street to a distance of 23' for The Del located at 381 N.E. 3 r Avenue.
(Quasi -Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for Items 9.A. and 9.5.
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Chevelle Nubin, City Clerk swore in those individuals who wished to give
testimony on Items 9.A. and 9.8.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte cormmunications to disclose.
Dana Little, Director of Planning and Zoning, stated this item is for two
(2) waiver requests for The Del located at 381 N.E. 3rd Avenue. Mr. Little entered the
Planning and Zoning Department project file #2014-158 into the record.
Mr. Little stated the subject property is located at the southeast corner of
N.E. 4th Street and N.E. 3rd Avenue and is within the Pineapple Grove Main Street
redevelopment area. He stated the development proposal includes the conversion of use
from a contractor's office to potentially a restaurant, the demolition of an existing parking
lot, the construction of new parking areas and associated landscaping.
At its meeting of November 19, 2014 meeting the Site Plan Review and
Appearance Board (SPRAB) recommended approval to the City Commission for two (2)
waiver requests that are associated with the project. Mr. Little reviewed the site
improvements. Mr. Little stated there are two (2) separate parking lots that are being
created each one with access from either side with a landscape area in-between and a five
(5") sidewalk easement along N.E. 3rd Avenue (east side). The minimum stacking
distance for vehicles entering parking lots containing twenty (20) spaces or less is a
minimum of five (5') feet; the applicant is proposing a stacking distance from the
property line to the edge of curb of four (4') feet two (2) inches and seeking relief of ten
(10) inches at the northern most driveway along Artists Alley. Mr. Little stated what is
required is that there is a minimum of five (5') feet from the back of the sidewalk into the
property as stacking distance and the applicant is requesting relief of eight (8") inches
due the site constraints. He stated the second waiver is located at the intersection at
Artists Alley and N.E. 4d' Street and there is a minimum distance for driveway locations
from the intersection of the rights-of-way lines back to the entry of the driveway and the
applicant is proposing a distance of twenty-three (23') feet and seeking relief of two (2')
feet zero (0") inches. At its meeting of October 23, 2014, the Community
Redevelopment Agency (CRA) recommended approval of the project and the waiver
request; Pineapple Grove Main Street recommended approval subject to the conditions
that the alleyway be lighted and that there be an artistic treatment to the dumpster
enclosure; at its meeting of November 10, 2014, the Downtown Development Authority
(DDA) recommended approval for these waiver requests to the City Commission. Mr.
Little stated the project will have to go back to SPRAB for final Site Plan, Landscape and
Architecture approvals. Staff recommends approval of both waivers.
George Brewer Brewer Architecture Inc. 85 S.E. 0' Avenue #101
Delray Beach, FL 33483, stated he is present for any questions the Commission may
have.
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Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests for The Del, to come forward at this time.
There being no one from the public who wished to address the Commission regarding the
waiver requests, the public comment was closed.
There was no cross-examination or rebuttal.
Mayor Glickstein asked if there is enough parking for a restaurant based
on the square footage.
Deputy Vice Mayor Jarjura commented about the second waiver and
stated she understands it is a waiver from the Code requirement it is a significant
improvement from the existing conditions. Mr. Little stated in each of those cases it
brings the property into closer conformance with the current Code. She stated it
improves the conditions of the area and the safety of the area. She supports the waiver
requests.
Vice Mayor Petrolia asked if this would have included the Overlay and
stated while discussions about Artists Alley and there were issues with respect to the
properties across the street.
Mr. Little stated there has not been any more discussion about the creation
of an Overlay. He does not believe it would affect this at all.
Vice Mayor Petrolia asked if they were to close off the parking lot so that
nobody exits or enters onto Artists Alley would it have been in compliance anyway. Mr.
Little stated there would have been a terminal island waiver that would have been
required and the back out space becomes challenging. Mr. Little stated they have the
most efficient parking layout they could. Vice Mayor Petrolia stated she supports the
waiver requests because this is a great thing to bring to this area.
Mayor Glickstein stated he too supports the waiver requests and
commented that the lighting and artistic treatments for conventional and ancillary uses
would be appropriate and noted that those areas are very dark right now. Mr. Little
confirmed that SPRAB will address that when it comes back before them.
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. Frankel moved to adopt the Board Order, seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes;
Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein --- Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:08 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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14. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 32-14 (SECOND READING): Consider adopting a
small-scale fixture land use map amendment from GC (General Commercial) to LD (Love
Density Residential 0-5 du/ac), pursuant to the provisions of the "Community Planning
Act", Florida Statutes Section 163.3187, for a parcel of land located on the south side of
S.E. 4th Street, 87.60 feet east of S.E. 6'11 Avenue, as more particularly described herein,
and rezoning and placing said land presently zoned GC (General Commercial) District to
R -1 -AA (Single Family Residential) District; amending "Zoning Map of Delray Beach,
Florida, January 2012".
The caption of Ordinance No. 32-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT FROM GC (GENERAL
COMMERCIAL) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC), PURSUANT TO THE
PROVISIONS OF THE "COMIVIUI`IITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187, FOR
A PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF SE 4TH STREET, 87.60 FEET EAST OF SE 6 T
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND REZONING AND PLACING SAID
LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT TO R -1 -AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 32-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. 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.
Dana Little, Director of Planning and Zoning, stated the subject property
is 0.2774 acres and is located on the south side of S.E. 4th Street between S.E. 6th Avenue
and S.E. 7' Avenue. Mr. Little stated the property currently contains a one-story single
family residence that was built in 1950. In September 1990, an association with the city-
wide Future Land Use Map and Zoning changes the property was rezoned to General
Commercial (GC) and a Future Land Use Map Designation (FLUM) of General
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Commercial was also provided. Mr. Little stated prior to these changes the property had
a zoning of R -1 -AA (single family residential) and a Future Land Use designation of Low
Density Residential (LD). He stated at the time it was deemed that the aggregation of
these adjacent parcels would spur commercial redevelopment in that area. The applicant
is seeking to approve the property but cannot as the residential uses are non -conforming.
Mr. Little stated the applicant is seeking to restore the prior Future Land Use designation
of Low Density Residential (LD) and the prior zoning of R -1 -AA (single family
residential). At its meeting of October 20, 2014, the Planning and Zoning Board
approval with a 5 to 0 vote and approve the rezoning to the City Commission voted 5 to 0
to approve both the Future Land Use Amendment and the Rezoning to R -1 -AA. Also,
staff recommends that this approval on second reading to Ordinance No. 32-14 for the
privately -initiated Small Scale Future Land Use Map Amendment from GC to Low
Density Residential (LD) and with respect to the rezoning staff recommends approval as
well for Ordinance No. 32-14 for the privately -initiated rezoning from GC to R -1 -AA.
Mayor Glickstein declared the public hearing open.
Tom Carney, representing the applicant, stated with the redevelopment
of Federal Highway going north they have created a situation where there is no way to
actually turn into this property from Federal Highway. Mr. Carney stated in order to
retain commercial status they would have to go through residential neighborhoods to
actually get to this property.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 32-14, the public hearing was closed.
Mr. Frankel moved to approve Ordinance No. 32-14 on Second and
FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted
as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote
10.11. ORDINANCE NO. 36-14 (SECOND READING): Consider a privately
initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for
ZNT Delray located on the west side of S.E. 5th Avenue between S.E. 6h Street and S.E.
7t' Avenue.
The caption of Ordinance No. 36-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL LOCATED
ON THE WEST SIDE OF SE 5' AVENUE, BETWEEN
SE 6TH STREET AND SE 7TH STREET
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(600 SE 5TH AVENUE), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, DATED SEPTEMBER,
2014;" PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 36-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. 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.
Dana Little, Director of Planning and Zoning, stated this item is for ZNT
Delray located south of S.E. 6th Street between S.E. Gtr' Street and S.E. 7th Avenue. Mr.
Little stated currently the property includes a Hertz rent -a -car site and a privately -
initiated rezoning by the applicant to rezone from AC (Automotive Commercial) to GC
(General Commercial).
At its meeting of October 20, 2014, the Planning and Zoning Board
recommended approval with a 5 to 0 vote and approve the rezoning to the City
Commission. Staff recommends approval on second reading of Ordinance No. 36-14 of
this privately -initiated rezoning from AC (Automotive Commercial) to GC (General
Commercial) for 600 S.E. 5t' Avenue.
Les H. Stevens, Attorney Les Stevens, P.A., 5301 North Federal
Hisihway, Suite 9130, Boca Raton, FL 33487, Counsel for the applicant, stated they
are removing a spot zoning situation. Mr. Stevens stated this property was moved into
AC (Automotive Commercial) several years ago for Delray Auto and it is going to be
moved back into a retail situation, and they are undoing that.
Mayor Glickstein declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard 4207, Delray Beach, FL
33483, stated this would bring this property in line with the zoning along Federal
Highway and she urged the City Commission to support it.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 36-14, the public hearing was closed.
Mr. Frankel moved to approve Ordinance No. 36-14 on Second and
FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0
vote.
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01/06/15
At this point, the time being 7:18 p.m., the Commission moved back to
Item 9.B. of the ReguIar Agenda.
9.8. ACCEPTANCE OF A SIDEWALK DEFERRAL AND EASEMENT
DEED AGREEMENT/1009 ISLAND DRIVE: Consider a sidewalk deferral and
easement deed agreement for the property located at 1009 Island Drive in the North
Beach Overlay District. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning Department project file 42015-032 into the record.
Mr. Little stated this is a sidewalk deferral request for 0.2871 acres
(12,508 square foot parcel) and currently contains a one-story 3,557 square foot single
family residence constructed in 1963. The property lies within the North Beach Overlay
District and is located within the Intracoastal Inlet loop on the North side of Island Drive.
The applicant proposes to demolish the existing building and build a new 6,983 square
foot residence and defer construction of the required five foot (5') minimum sidewalk
along their property frontage within a five foot (5') easement.
At its meeting of November 13, 2014 meeting, the Development Services
Management Group (DSMG) met and discussed this item and recommended that the
applicant pursue the in -lieu payment option instead of a sidewalk deferral. However, Mr.
Little stated if the City Commission were to defer the sidewalk and if that deferral was
granted, it was recommended that an easement deed agreement be required. On
September 9, 2014, the City Commission held a workshop to discuss alternatives to
sidewalk deferrals and options to providing sidewalks or the relief from providing
sidewalks. During the Workshop meeting there was discussion about possibly providing
relief from sidewalk construction in some locations via a payment in -lieu option. He
stated this option could potentially be part of a larger city-wide mobility fund. Mr. Little
stated pursuant to LDR Section 6.1.3(D)(3), payment of in -lieu installation for sidewalks
in situations where it is inappropriate to install a sidewalk concurrent with development
the sidewalk installation requirement may be met by the payment of funds sufficient to
install the sidewalk. Such funds shall be escrowed and used at a later date of said
sidewalk." Mr. Little stated the Code requires that you build a sidewalk, the payment in -
lieu program which is a value of $40.00 per linear foot for lot frontage of a five foot (5')
wide sidewalk, and if the applicant desires this option then the deferral application is
withdrawn or not applied for. Mr. Little stated the in -lieu payment would be in the
amount of approximately $4,290.00. Staff recommends denial of the requested sidewalk
deferral request for 1009 Island Drive.
Mayor GIickstein stated if anyone from the public would like to speak in
favor or in opposition of the deferral and easement for 1009 Island Drive, to come
forward at this time.
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William Wietsma William Wictsma Architect P.A. 3100 N.W. 2nd
Avenue, Boca Raton Boulevard, Suite 9404, Boca Raton, FL 33431 (applicant),
stated he was not aware of the Workshop meeting; however, he has built several houses
on this street and he has never been asked to pay for a sidewalk on this street before
because a sidewalk is never going to be built on this street.
Christina Morrison 2809 Florida Boulevard #207 Delray Beach FL
33483, stated there are no other sidewalks on this street and if they put sidewalks for this
home they would not connect anything; on the other hand if the City sets up this mobility
fund so that these funds can be used for bike lanes and walkways where we really need
them and urged the Commission to start thinking in that direction because she feels the
City is going to need them.
There was no cross-examination or rebuttal.
There being no one else from the public who wished to address the
Commission regarding the sidewalk deferral and easement deed agreement, the public
comment was closed.
Deputy Vice Mayor Jarjura stated she would like to clarify to the applicant
since he stated he was not aware of the Workshop meeting the Commission had; it has
been decided and discussed by this Commission and a consensus made that the City
wants to market and promote Delray Beach as a more walkable/pedestrian friendly city.
She stated if we keep saying there are no sidewalks on streets then we are never going to
have sidewalks because you have to start somewhere. Deputy Vice Mayor Jarjura stated
there are certain neighborhoods in the city that do not want sidewalks now or ever but
that may change at some point. Deputy Vice Mayor Jarjura stated the City Code has
always given these three options and is nothing something new that the Workshop
created; it has always said (1) build it, (2) pay an in -lieu fee, or (3) defer it. Deputy Vice
Mayor Jarjura stated the only difference is that previously these sidewalk deferrals were
all being deferred and gong on the Consent Agenda with no recommendations either way.
Deputy Vice Mayor Jarjura stated she supports the in -lieu fee because that is the position
that this board took previously and is something that she feels should be made a priority.
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. Frankel moved to adopt the Board Order, seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Mr. Frankel — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote.
noted.
Mr. Frankel noted a typo on the Board Order and the City Attorney so
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9.C. RESOLUTION NO. 03-15: Consider approval of Resolution No. 0315;
recognizing that the City of Delray Beach is considering amendments to the Land
Development Regulations (LDR) for the Central Business District (CSD) areas;
extending the zoning in progress period previously established by the City Commission.
The caption of Resolution No. 03-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
THAT THE CITY OF DELRAY BEACH IS
CONSIDERING AMENDMENTS TO THE CITY'S
LAND DEVELOPMENT REGULATIONS FOR THE
CENTRAL BUSINESS DISTRICT AREAS;
EXTENDING THE ZONING IN PROGRESS PERIOD
PREVIOUSLY ESTABLISHED BY THE CITY
COMMISSION; AND PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 03-15 is on file in the City.
Clerk's office.)
The City Attorney stated this item is a new resolution with respect to the
"zoning in progress". On October 7, 2014, this City Commission adopted a "zoning in
progress" resolution and it had a duration period of 120 days which would expire on
February 4, 2015. There is a second public hearing for the LDRs scheduled for January
20, 2015 and this resolution would extend the "zoning in progress" for an additional
ninety (90) days and it would run through May 5, 2015.
Mr. Frankel moved to approve Resolution No. 03-15, seconded by Deputy
Vice Mayor Jar ura. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein —
Yes. Said motion passed with a 4 to 0 vote.
9.D. NOMINATIONS FOR APPOINTMENT TO THE CODE
ENFORCEMENT BOARD: Nominations for appointment of three (3) regular
members to the Code Enforcement Board to serve three (3) year terms ending January 14,
2018. Based on the rotation system, the nominations for appointment will be made by
Commissioner Frankel (Seat #3), Commissioner Jarjura (Seat #4) and Mayor Glickstein
(Seat #5).
Commissioner Frankel stated he would like to defer his nomination to the
regular meeting of January 20, 2015.
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Deputy Vice Mayor Jarjura moved to nominate AIan Siegel as a regular
member to the Code Enforcement Board to serve a three (3) year term ending January 15,
2018, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel -- Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 4 to 0 vote.
Mayor Glickstein stated he would like to defer his nomination to the
regular meeting of January 20, 2015.
At this point, the time being 7:29 p.m., the Commission moved to Item
11, First Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 01-15: Consider an amendment to Chapter 132,
"Offenses Against Public Peace and Safety", of the Code of Ordinances by creating
Section 132.11, "Electronic Cigarettes (E -cigarettes)", limiting the locations where e -
cigarettes can be used; providing findings in support of the adoption of the ordinance. If
passed, a public hearing will be held on January 20, 2015.
The caption of Ordinance No. 01-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 132, "OFFENSES AGAINST
PUBLIC PEACE AND SAFETY", OF THE CODE OF
ORDINANCES BY CREATING SECTION 132.11,
"ELECTRONIC CIGARETTES, (E -CIGARETTES)",
LIMITING THE LOCATIONS WHERE &CIGARETTES
CAN BE USED; PROVIDING FINDINGS IN SUPPORT
OF THE ADOPTION OF THE ORDINANCE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 01-15 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this is a
Furst reading of a draft ordinance which would ban e -cigarettes in the same manner as
lighted tobacco products. The City Attorney stated e -cigarettes would be prohibited
wherever tobacco is prohibited under the Florida Clean Indoor Air Act which would
generally prohibit the use of e -cigarettes in any enclosed workplaces. He stated like
tobacco it does not prohibit the use of e -cigarettes in private residences, retail tobacco/e-
cigarette shops, stand-alone bars or other places where smoking is permitted.
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01/06/15
The City Attorney stated similar ordinances have been adopted elsewhere
in the State of Florida most notably and all very recently Sebastian, Stuart, Orange Park,
Alachua and Marion Counties. The City Attorney stated major cities such as New York
Chicago and Los Angeles have also adopted e -cigarette ordinances. The City Attorney
stated the legal basis for enacting this ordinance is that there is legitimate public purpose
in adopting this Law there are studies even though this is a fairly new commodity that
suggests that there are legitimate reasons to protect people from the potential effects of
the emissions and while different than tobacco and not demonstrated to have the same
effects of tobacco, studies still show that e -cigarettes and fine particles which can be
substantial particularly in confined areas; and there are also studies that e -cigarettes may
enhance the social acceptability of smoking and it may encourage smoking among
children. The City Attorney reiterated that this ordinance prohibits e -cigarettes as lighted
tobacco products.
Mr. Frankel thanked the City Attorney's office for their work on this
ordinance in particular Janice Rustin, Assistant City Attorney. Mr. Frankel stated he
believes this is something that a majority of customers and patrons will appreciate.
Deputy Vice Mayor Jarjura stated this is a relatively new product and feels
there are a lot of unanswered questions: (1) Are e -cigarettes safer than cigarettes and if
they are does that make them safe? (2) Are e -cigarettes safe or are they rather a new
technology to hook a new generation on a nicotine habit? (3) What are the long-term
effects on a user and second-hand exposure? Deputy Vice Mayor stated one of her
priorities is to market the city as not only a food and beverage destination, but that as a
healthy living destination as well.
Vice Mayor Petrolia stated she concurs with comments from
Commissioner Frankel and Deputy Vice Mayor Jarjura. Vice Mayor Petrolia asked if
this also include the Hookah smoke. The City Attorney stated this would be considered a
lighted product and it is something entirely different.
Mayor Glickstein stated it is in the City's best interest to be proactive and
when he asked the DDA previously what uses could the City be more proactive about
prohibiting in the city and these vape shops were the only suggestion they had. Mayor
Glickstein commented about the possibility of prohibiting some of those locations and
stated he would like to look into that as proactive as restricting the infringement of the
use in public places. Mayor Glickstein thanked Janice Rustin for her work on this and
thanked Commissioner Frankel for requesting it.
Mr. Frankel moved to approve Ordinance No. 01-15 on First Reading,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia Yes;
Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote.
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12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
12.A. City Manager
The City Manager stated there are no items scheduled for the Workshop
meeting and therefore his recommendation would be to cancel the January 13, 2015
Workshop meeting.
It was the consensus of the City Commission to cancel the January 13,
2015 Workshop meeting.
12.8. City Attorney
None.
12.C. City Commission
12.C.1. Vice Mayor Petrolia
Vice Mayor Petrolia welcomed City Manager Donald Cooper.
Secondly, Vice Mayor Petrolia stated after listening to many of the
residents speak tonight in addition to emails about the resurfacing of Linton Boulevard,
this is something that needs to be discussed.
Vice Mayor Petrolia stated there has been a back and forth about the
issues that have gone unanswered with respect to the franchise fees. She stated the City
Commission will be asked to make a decision on January 20, 2015 so she would like a
date that she can expect this back because she has been waiting since December 18, 2014.
She stated there are some enrails that she sent to the City Manager about a
potential business that is operating without a license on Oh Avenue.
Vice Mayor Petrolia stated she had questions about Delray Place that have
gone unanswered.
Vice Mayor Petrolia stated there is also an open issue with the Barwick
Road guardrails and she does not understand why this would be looked at some time after
the summer because this issue has been ongoing for approximately two (2) years now.
With regard to the beach cabana contract, Vice Mayor Petrolia stated she
has received a tremendous amount of emails with respect to potential violations and also
the fact that the City has agreed to put the cabanas on the beach. Vice Mayor Petrolia
stated this is the time of the year that the cabanas are really necessary because the wind is
blowing the sand around.. She stated the City went out to RFP and got a tremendous
more money for this contract and there is no reason why we cannot have a great operating
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01/06/15
vendor on the beach and that it be a class "A" operation. Vice Mayor Petro] ia stated this
is what the City Commission expected and anticipate.
Vice Mayor Petrolia stated there is still an outstanding issue about
smoking cigarettes on the beach and she suggested that the smoking be confined to a
designated area because the litter from the cigarette butts is a huge problem because the
everywhere.
Lastly, Vice Mayor Petrolia wished everyone a Happy New Year.
12.C.2. Deputy Vice Mavor Jarjura
With respect to Linton Boulevard, Deputy Vice Mayor Jarjura suggested
that staff figure out a way to be more pro -active or better communications when it is not
City owned roads so that we can address this rather than finding out the day before. She
noted the RFP has been issued, awarded, and work is commencing. Deputy Vice Mayor
Jarjura echoed comments expressed by several of the residents that even though the work
is commencing and it is resurfacing, what we are talking about is a restriping issue. She
stated 106 feet of right-of-way could be easily provided in terms of the restriping so that
there would be enough room allocated for a safe bike lane.
Secondly, Deputy Vice Mayor Jarjura stated with regard to the Barwick
Road issue she followed up with Mr. Cooper and the City Attorney and she received a
response; she asked that the email be forwarded to the rest of the Commission as well.
Deputy Vice Mayor Jarjura complimented Planning and Zoning Director
Dana Little.
Deputy Vice Mayor Jarjura stated there are parts of the city where the
grass or the landscaping mulch is not visible because of the cigarette butts. She requested
that for 2015 that the City prioritize Code Enforcement from as small as littering all the
way up the channel. Deputy Vice Mayor Jarjura stated everyone will see a change in
behavior if the City enforces the Code.
Deputy Vice Mayor Jarjura commented about the way the outdoor dining
is set up for The Office restaurant. She stated navigating past the tables is impossible for
one person let alone if someone is walking with children, in a wheelchair, or have an
umbrella. Deputy Vice Mayor Jarjura reiterated that this issue needs to be addressed.
Deputy Vice Mayor Jarjura welcomed City Manager Donald Cooper.
Lastly, Deputy Vice Mayor Jarjura asked about a Goals and Objectives
Workshop and hopes this will be scheduled prior to the budget time so that the City can
actually have a budget that is driven by the Goals and Objectives.
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01/06/15
12.C.3. Mr. Frankel
Mr. Frankel stated there are a few other restaurants besides The Office that
have the same issue with their tables and chairs on the curb where people cannot walk
through and noted that these restaurants need to be looked at as well.
Secondly, Mr. Frankel asked about the second reading for Atlantic
Crossing Developer's Agreement. The City Attorney stated he can give the City
Commission an update at the February 3, 2015 City Commission meeting and they can
give him feedback at that meeting.
Mayor Glickstein stated it was prudent for the City Commission to not
have to rely on an indemnification and hold harmless provision in that agreement;
however, it is also not fair to make the applicant wait indefinitely.
Secondly, Mr. Frankel stated he has done some research and it seems that
the majority consensus that wants to change the current makeup of the Police and Fire
Pension Board from 3 Police, 3 Fire, and 3 Laypeople to 3 Laypeople with professional
backgrounds and 1 member of Police and 1 member of Fire. Mr. Frankel stated he
believes that goal can be accomplished without forgoing the $2 million in 175/185
monies with the agreement of the parties. Mr. Frankel stated we can accomplish both
which would be keeping the premium tax dollars and then changing the makeup of the
board. Mr. Frankel asked the City Attorney to look into this and confirm what can be
done. The City Attorney stated he will give Mr. Frankel a legal answer and copy the
board.
Mr. Frankel stated the Federal Highway improvements to the sidewalks
are great; however, he expressed concern over some areas where sidewalks got done and
the bricks are up for 1-2 weeks. He stated it was a problem over the Christmas holiday
particularly on the corner of Atlantic Avenue and 6 because people could not walk in
front of the heart store and asked that this be fixed.
Lastly, Mr. Frankel welcomed City Manager Donald Cooper and wished
everyone a Happy New Year.
12.0.4. Manor Glickstein
Mayor Glickstein stated the MPO (Metropolitan Planning Organization)
has local initiatives which are part of a five-year funded plan and we have as #19 of 26
appropriated local initiatives bike lanes/sidewalks on Lowson Boulevard connecting
Military Trail to US -1. He stated he confirmed that the project is funded but the
beginning of construction will not be constructed until 4 years from now. Mayor
Glickstein stated the City is getting an east -west connection from Military Trail to US -1.
Mayor Glickstem. stated the County is doing a terrible job of communicating to the cities
of what they are doing and when they are doing it.
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01/06/15
He stated there are some structural and funding issues with Linton Boulevard; it is 106
feet and without narrowing the travel lanes would prohibit any kind of bike lane. Mayor
Glickstein stated there is no money for curbs or medians it is just repaving and striping.
He stated he is not sure about the sense of urgency for the paving and he would like
feedback from Environmental Services. Mayor Glickstein stated he was informed that
part of the analysis that the MPO did back then to convert it to this complete roadway
where there is segregated protected bike lanes converting it to 4 lanes to 6 lanes the data
suggests that it would be "congested not miserable." Mayor Glickstein stated it is a
dangerous roadway and he does not feel striping is going to change the dangerous nature
of that roadway. Mayor Glickstein suggested that staff ask the MPO for some time to
assess what the City's options are and that this project is delayed.
Mr. Cooper stated given the input tonight he also suggested that the City
seek an Intergovernmental Agreement with the County that requires the addressing of the
City's concerns in advance of road project commencing. Mr. Cooper stated City has that
problem to deal with long-term and suggested that it be addressed in a systematic way.
Mr. Cooper stated he has a meeting scheduled tomorrow with Environmental Services
and he will discuss this issue.
After brief discussion, Mayor Glickstein asked for consensus of the
Commission that this project be put on hold or delayed to the summer months until more
information is obtained subject to that the City does not want to lose that appropriation
for those resurfacing and restriping dollars and that the MPO give the City adequate time
to assess its options relative to the other improvements that have been appropriated
before moving forward.
With respect to stopping the left -turns on Atlantic Avenue, Mayor
Glickstein stated when this came up before the Commission specifically mentioned
stopping the left -turns on N.E. 2nd Avenue and at that time the Department Head from
Environmental Services said they did a study and determined that it was not so much the
left -turn that was slowing traffic but that it was pedestrians crossing 2nd to slow down
those cars that could not ultimately turn. Mayor Glickstein stated this Commission
previously decided to shut down left -turn lanes on 2nd. Mayor Glickstein requested that
this be implemented immediately and if there are any other streets in the downtown that
are similar to that, that would call for the elimination of the left turn. He stated
eliminating the left turn promotes people to use the by-passes. Mayor Glickstein stated
he would like consensus from the Commission again to eliminate the left -turn on 2nd
Avenue immediately and everywhere east of Swinton Avenue with the exception of US -1
and wherever else that the City does not have that problem.
Mayor Glickstein concurs with the public comment that commercial
traffic is an issue and inquired to what extent the City's ordinance prohibits this.
Mayor Glickstein stated with the departure of Lula Butler, there is going
to be some realignment of responsibilities and Code Enforcement is an area that the City
needs help (i.e. partnering with the Police Department, re -calibrating priorities).
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01/06/15
Mayor Glickstein stated he was blasted with complaints about how the
appearance of the downtown in particular through the holidays. He stated when you walk
downtown you can really see it differently than when you are in a car.
Mayor Glickstein stated he received many complaints about the Christmas
tree area and it appeared very cluttered and there were approximately 4 cars parked there.
In addition, Mayor Glickstein stated there was a coke trailer selling drinks although there
is a permanent business owner Doc's across the street selling Pepsi. Mayor Glickstein
asked for clarification as to who is making those decisions as to where this is getting
placed. He stated that he also received comments from retailers that during the night of
the tree lighting the street was shut down and the City is allowing vendors to set up right
in front of established retailers. He stated there needs to be a much broader discussion on
this issue because he feels we have gotten away from what these events were originally
purposed for. Mayor Glickstein stated he looks forward to the Goal Setting Session and
suggested that this is something that can be addressed at this point.
With regard to the Barwick Road issue (i.e. guardrails) that Vice Mayor
Petrolia discussed, Mayor Glickstein stated the City Commission approved this and
where the money is coming from. Mayor Glickstein expressed concern over the time lag
between a policy decision and implementation needs to be far shorter than it is. Mayor
Glickstein stated these are priorities that. the City Commission is establishing and if there
is any lack of clarity from staff in terms of what that priority is, then staff needs to go
back to the City Manager who then needs to come back to the City Commission as to
what that is.
Mayor Glickstein reiterated that the timers/clocks are not working
properly and stated it is rude for any Commissioner to have to look over his or her
shoulder to see how much longer something is going. Mayor Glickstein asked the City
Clerk to look into this issue.
With regard to the traffic on Atlantic Avenue, Mr. Frankel stated if you
are on Atlantic Avenue and Swinton Avenue heading eastbound, on the corner one lane is
supposed to go left and one lane is supposed to go straight down Atlantic Avenue, it
always intersects. Mr. Frankel stated the turn lane that is supposed to go left either goes
straight and cuts somebody off or is cutting someone off on the right.
Lastly, Mayor Glickstein stated another thing the City Commission asked
to be corrected is part of the Federal Highway improvements. He stated it is very
difficult to get things coordinated during the holidays but the way that some of those
intersections were left during the busiest time of the year was poorly executed on the part
of the contractor who should have anticipated that in particular in front of the Colony
Hotel. In connection with the Federal Highway improvements, if someone is traveling
south on Federal Highway looking to torn west on Lake Ida Road there is a landscape
island that should not be there.
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01/06/15
Mayor Glickstein stated Environmental Services agreed that their own analysis
determined that given the traffic counts, that is the highest used turn lane in that direction
anywhere to or from Federal Highway excluding Atlantic Avenue. He stated he was
behind a car and watched them drive over the island to make the turn onto Lake Ida Road
because the natural inclination is to move into that turn lane because they saw the
asphalt/right-of-way and not the landscape island in front of them. Mayor Glickstein
suggested that this landscape island be cut out and patched because it is a mistake and it
is dangerous.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 8:12 p.m.
City Clerk
ATTEST:
e� ;1��
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 January 6, 2015, which Minutes were formally approved and adopted by the City
Commission on June 2, 2015.
City Clerk
NOTE TO READER:
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25
01/06/15
2015.
IN THE CITY COMMISSION
CHAMBERS OF THE 'CITY OF
DEL.RAY BEACH,. FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 381 & 387 NE 3RD AVENUE
1. This waiver request came before the City Commission on January 6,;
2, The Applicant and City staff presented. documentary evidence and
testimony to the City Commission pertaining to the waiver requests far 38:1 & 387 NE ,3rd
Avenue. All of -the evidence isz a part of the record in this case. Required findings are
made in accordance with Subsection 1.
1. WAIVERS Pursuant to LDR Section 2,4.7(13)(6), 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
(b) 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 on other
property for another applicant or owner_
A. Waiver to; LDR Section 4.6.9(D)(3)(c)(1)
Pursuant to LDR Section 4.6,9(D){3)(c)(1.), the minimum stacking.distance
between a right-of-way and the first parking space or aisleway in a parking
lot shall be five feet for a parking lot with 20. car fewer spaces. The
applicant is proposing a stacking distance. of four feet two inches at its
northernmost driveway along Artists Alley for a parking lot containing 12
.spaces_
Should the waiver to Section 4.6.9(D)(3)(c)(1) allowing a stacking
distance of four feet two inches at the northernmost driveway along
Artists Alley be granted?
Yes 4. No 0
City Commission Meeting 11612415, Item 9A
B. Waiver to LDR Section 6.1.4(C)(3)(b)(1)
Pursuant to LDR Section. 6,1A(C)(3)(b)(1), no driveway shall be located
within twenty-five feet (26) of the extension of ultimate right of way lines:
at any intersection. The applicant is proposing a distance of 23 feet
between the northernmost alley driveway and NE 4' Street.
Should the waiver to Section 6.1.4(C)(3)(b)(1) allowing a, distance of
23 feet between: the northernmost alley driveway and NE 0 Street
be granted?`
Yes 4 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence: at the time the original development applicationwas
submittedand 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 andadopts the facts contained
in the record including but not, limited. to the staff reports; testimony of experts and other
cornpetenf witnesses supporting these findings:.
5. Based on the entire record` before it; the City Commission approves ✓
denies. this waiverrequest.
6 Based on the :entire record before it, the City Commission hereby adopts
this Order this 6th day of January 2015, by a vote of 4 in favor and 0 opposed.
ATTEST: Cary D Glickgtdn, Mayor
Chevelle Nubin, City Clerk
2
City Commission Meeting 11612015, Item 9A
2015:
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA.
WAIVER REQUEST FOR THE SIDEWALK INSTALLATION
FOR 1009 ISLAND DRIVE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH,: FLORIDA
1. The waiver request came before the: City Commission on January 6,
2: The Applicant and City staff presented documentary evidence and
testirnony to the City Commission pertaining to the waiver request .for the sidewalk
installation requirements: for 10.09 Island Drive. All of the evidence is a. part of the
record in this .base.
1. Waiver:. Pursuant to LDR Section 6.1.3(D)(1)(b), where it is clear that the
sidewalk system will not serve its intended purpose, the requirement'for sidewalks on
both sides of a Street. may be, reducedto installation of a sidewalk along only .one side
of the street, during the site plan or plat process„ as appropriate. Similarly, a complete
waiver may also be granted.
A. Waiver to LDR Section 6.1.3(C)(4)_
Pursuant to LDR. Section 6.1.3(0)(4), sidewalks shall .be constructed prior-
to
riorto the issuance of a certificate of occupancy for the property upon which
they abut. However, installation of sidewalks within a residential
subdivision may be deferred pursuant to an agreement which provides for
the: ins(allation of a majority of the sidewalks at a given point in time.
The 'applicant is asking to waive the requirement for the installation of the
sidewalk until such time the City requests the Owner to construct the
sidewalk:
Should the waiver for the. sidewalk installation for 1009 Island Drive
be granted?
Yes 0 No 4
3. The City Commission has applied the: Comprehensive Plan and LDR
requirements in existence at the time the original site plan application was submitted
City Commission Meeting 1/6/2015 item 9B
and finds that its determinations set. forth in this Order are consistent with the
Comprehensive. Phan.
4 The City Commission finds there is ample and competent substantial
e� Idence to support its findings in the record submitted and adopts the facts contained
in the recordincluding but not limited to the staff reports; testimony of experts;and other
competent witnesses which supports the findings set forth in this Order.
0: Based an the entire record before it, rhe City Commission approves
denies ✓ the waiver request for the sidewalk installation at 1.230 Seaspray Avenue
and hereby adopts this Order this lith day `of January, 2015, by a vote of. 0 'in
favor and 4 opposed,
ATTEST:
Chevelle Nubia, City Clerk
2
Carry D. bl. _ n„ Mayor
City Commission Meeting 1/6/2015 Item 913