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02-03-15 Regular Meeting MinutesFEBRUARY 3, 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, February 3, 2015. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - None 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 Cusco. 3. The Pledge of Allegiance to the flag of the United States of America was given.. 4. APPROVAL OF MINUTES: None. 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. The City Manager stated he previously sent a memo to the Commission regarding his comments and most of the public comments were concerning the Solid Waste Franchise Agreement. 6.8. From the Public. 6.B.1. Kevin. Warner, 248 Venetian Drive, Delray Beach, FL 33483, read a statement into the record regarding the "Cone of Silence" investigation and commented about numerous emails. Mr. Warner stated the City Commission is ethically bound to return to the task they dismissed at the last meeting and vote on the Selection. Committee's recommendation. In his opinion, Mr. Warner stated that would restore integrity to the process. 02/03/15 6.B.2. Pauline Moody, 609 S.W. 8�e Avenue, Delray Beach, FL 33444, asked where the money goes that the City collects for building permits. Secondly, Ms. Moody expressed concern over what the City is spending money on versus the revenue coming into the City. She inquired about the tennis tournaments and asked if they pay anything to the City, Ms. Moody expressed concern over the money the City spent on attorneys and consulting firms for Waste Management and asked how the City couldhave fought Waste Management for so long if there was no money. Ms. Moody stated there were cuts last year she feels the Commission should have an explanation as to whether or not there is funding for this year and she does not feel the City should make a lot of tax cuts to make up for it. 6.B.3. Kevin Rousse, 166 S.E. 2nd Avenue, Delray Beach, FL 33444 (ownerof Kevro's Art Bar), stated the City has allowed developers of the SOFA district to absorb approximately 50 parking spaces across from his business so there are now 50 less spots. Mr. Rousse stated the Swale area across the street from Kevro's Art Bar has always been used for parking and now Police are issuing parking tickets in the evening to anyone who is parked there. Mr. Rousse urged the City to look into this issue because he supports the growth, but feels the City needs as many parking spaces as possible. He stated he will email the Commission with his ideas on how to rectify this issue. 6.B.4. Sharon L'Herrou 830 Kokomo Key Lane Delray Beach FL 33483 (Program Director for 2-1-1), thanked the City Commission for the 2-1-1 Proclamation. Ms. L'Herrou gave a brief overview of what the 2-1-1 Program offers and distributed handouts. 6.B.5. Jim KniLht,123 East Atlantic Avenue, Delray Beach, FL 33444, (speaking on behalf of a few property owners in the downtown), stated he was involved in many of this projects that are now causing some of these parking issues. Mr. Knight stated during some of the special events they are allowed to use parking lots that do not have the curbing, lighting, paving, etc. for those special events. Mr. Knight suggested that the City allow some of those parking lots to be utilized for construction from the hours of 7:00 a.m. — 4:00 p.m. because it would leave those parking spaces open and it would be safer for the people walking to utilize the street parking, etc. 6.13.6. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, FL 334832 read a brief statement into the record regarding an email trail and Waste Management. Mr. MacNamee stated the trash contract is about Delray trash customers' money. Mr. MacNamee stated the City Manager recommended that the City Commission take over the decision making process (a Special Meeting is scheduled tomorrow). Mr. MacNamee stated Waste Management does not have a good corporate performance record and noted there is documentation to support this in city and county records. Mr. MacNamee stated Southern Waste Systems (SWS) has a better performance record and he urged the City Commission to award the contract to the lowest responsible bidder Southern Waste Systems (SWS). 2 02/03/15 6.11.7. Brenda Gordon., 53 Paha Square, Delray Beach, FL 33483, sneaking on behalf of the Delray Art League, thanked the City Commission for the Proclamation recognizing the Delray Art League. 6.13.8. _Many Ann Sarka, resident of Boynton Beach, thanked the City Commission for the Proclamation and gave a few brief comments regarding the history of the Delray Art League. Ms. Sarka stated the Delray Art League's 50th Anniversary will be held February 27 through March 1, 2015. In the past ten (10) years, Ms. Sarka stated the Delray Art League has donated over $110,000 to the Education Fund and she urged everyone to support the Delray Art League. 6.B.9. 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_1 stated last night he was invited to attend a meeting in Boca with Andy Clark who is the League President of the American League of Bicyclists from Washington, D.C. Mr. Halliday stated they heard what is happening in Delray Beach with the Bike to Market Program. He stated they were so impressed by this program that they believe this is something Washington needs to know as an example for other communities in the United States and they intend to make this information available in their newsletters. Mr. Halliday stated they also assured him that they would be working with the City diligently for grants that the City may need for bicycle/pedestrian funding in Delray Beach. In addition, Mr. Halliday stated they are going to indoctrinate the Delray Beach Bicycle Club into the American League of Cyclists and Delray Beach will be recognized as a national club amongst the entire United States. Secondly, Mr. Halliday stated he is the Executive Director for WellFest this year and singer/songwriter from Europe Hannah Trigwell (many compare her to the American Taylor Swift) will be making her first appearance in Delray Beach on March 7-8, 2015 and he asked that everyone show her a warm welcome. Mr. Halliday stated the WellFest event will be promoting a healthier environment fostering health. Mr. Halliday stated this is one of the very few events in the city that is a non-alcoholic event and he is very proud to be a part of it. Lastly, Mr. Halliday stated an FDOT Symposium will be held at the Old School Square gym on Thursday, February 5, 2015 from 1-5 p.m. 7. AGENDA APPROVAL. Deputy Vice Mayor Joura requested to remove Item 8.E., Resolution No. 10-15 Reguest to Use Trolley for Plumosa School of the Arts Foundation Event, from the Consent Agenda and moved to the Regular Agenda as Item. 9.A.A. Deputy Vice Mayor Jarjura moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 02/03/15 8.A. ACCEPTANCE OF A SIDEWALK EASEMENT DEED/THE DEL: Approve acceptance of a 5' sidewalk easement deed along N.E. 3rd Avenue for property associated with The Del located at 381 N.E. 3rd Avenue. S.B. LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT/THE DEL: Approve a landscape maintenance and hold harmless agreement associated with The Del project located at 381 NE 3rd Avenue to allow the installation of landscaping within the NE 3rd Avenue and Artists Alley rights-of-way. 8.C. SERVICE AUTHORIZATION No. 12-05 /WANTMAN GROUP FOR LAKE WORTH DRAINAGE DISTRICT „(LWDD) L-33: Approve Service Authorization with the Wantman Group, Inc. in the amount of $11,755.00 for professional services related to the Lake Worth Drainage District (LWDD) L-33 Culvert Assessment Report. This recommendation for approval is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00)". Funding is available from 448-5461-538-46.47 (Storm Water Utility Fund: Repair & Maintenance Service /LWDD L-33 Culvert). B.D. AMENDMENT TO SERVICE AUTHORIZATION NO. 12- 13.1/MATHEWS CONSULTING INC./LAKE IDA DRAINAGE IMPROVEMENTS: Consider approval of an Amendment to Service Authorization No. 12-13.1 with Mathews Consulting, Inc. in the amount of $14,911.00 for professional design services (RFQ No. 2012- 06) related to water main improvements in conjunction with the Lake Ida Drainage Improvements Project (Project No. 13-072). This Service Authorization includes design, permitting and bidding services. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.03(B), "Multiple Acquisistions from a Vendor Exceeding $25,000". Funding is available from 442- 5178-536-65.98 (Water & Sewer Renewal & Replacement Fund: Other Improvements/Lake Ida Area). B.E. RESOLUTION NO. 10-15 REQUEST TO USE TROLLEY FOR PLUMOSA SCHOOL OF THE ARTS FOUNDATION EVENT: Consideration to approve Resolution No. 10-15 for the in-kind donation of a Downtown Roundabout Trolley for Plumosa School of Arts Foundation Event on February 20, 2015. The caption of Resolution No. 10-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO DONATE THE USE OF ONE DOWNTOWN ROUNDABOUT TROLLEY TO THE PLUMOSA SCHOOL OF THE ARTS FOUNDATION TO PROVIDE PUBLIC TRANSPORTATION TO THE MUSICAL EVENT TO BE HELD AT THE SCHOOL ON FRIDAY, FEBRUARY 20,2015; PROVIDING FOR AN EFFECTIVE DATE. ISI 02/03/15 (The official copy of Resolution No. 10-15 is on file in the City Clerk's office.) 8.F. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Max" to Officer Adam Margolis. 8.G. PROCLAMATIONS: 1. Recognizing Delray Art League 50th Anniversary Celebration Week February 26 — March 1, 2015. 2. Recognizing 2-1-1 Awareness Week— February 11 - 17, 2015. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 12, 2015 through January 23, 2015. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to AKA Services, Inc. (Bid No. 2015-25) in the amount of $847,985.00 for construction of the Delray Shores Water Main Project Phase II (PIN 2014030). This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 442-5178-536-68.93 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Delray Shores WM). 2. Bid award to AKA. Services, Inc. (Bid No. 2015-24) in the amount of $826,095.00 for construction of the Tropic Palms Water Main Phase I (P/N 2014-061). This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 442-5178-536-68.97 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Tropic Palms WM). 3. Bid award to Corporate Coaches, Inc. (Bid No. 2015-10) in the amount of $45,210.48 for bus rental and driver service for the Parks and Recreation Department for special events, summer camp, after school, youth football, etc. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from multiple accounts. Vice Mayor Petrolia moved to approve the Consent 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; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5 02/03/15 9. REGULAR AGENDA: 9-A.A. RESOLUTION NO. 10-15 RE VEST TO USE TROLLEY FOR PLUMOSA SCHOOL OF THE ARTS FOUNDATION EVENT: Consideration to approve Resolution No. 10-15 for the in-kind donation of a Downtown Roundabout Trolley for Plumosa School of Arts Foundation Event on February 20, 2015. The caption of Resolution No. 10-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO DONATE THE USE OF ONE DOWNTOWN ROUNDABOUT TROLLEY TO THE PLUMOSA SCHOOL OF THE ARTS FOUNDATION TO PROVIDE PUBLIC TRANSPORTATION TO THE MUSICAL EVENT TO BE HELD AT THE SCHOOL ON FRIDAY, FEBRUARY 20, 2015; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 10-15 is on file in the City Clerk's office.) Deputy Vice Mayor Jarjura asked what the process and procedure is when the City provides in -bind services. She stated the most recent one before this one was the use of a community center for a prayer breakfast. Deputy Vice Mayor Jarjura stated it is not the subject matter, the event, or the trolley use itself and she is happy that the City included an insurance requirement so that the City does not take on that liability. However, Deputy Vice Mayor Jarjura stated she would like to know what the process and procedure for people applying for in-kind City services are so that the City is not just doing this arbitrarily; and, if requests come that maybe staff does not support, people could say that we are being arbitrary and capricious about the City's decision to award in-kind services. The City Manager stated this is being done on a case-by-case basis. He stated staff can prepare a proposed policy for the Commission to consider procedures that apply with all in-kind donations. Deputy Vice Mayor Jarjura explained that her issue is not with the trolley itself. Deputy Vice Mayor Jarjura moved to approve Resolution No. 10-15, 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. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.A. IN -LIEU OF PARKING FEE AGREEMENT/SONOMA GRILL: Consider approval of a request from Sonoma Grill for the purchase of nine (9) in -lieu parking spaces located at 640 East Atlantic Avenue at a cost of $23,660.00 each totaling $212,940.00 to be paid through a Parking Fee Agreement requiring 50% payment upon ratification of the agreement and two 25% payments on the second year and third year anniversary date of the agreement. (Quasi - Judicial Hearing) 6 02/03/15 Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the record. Chevelle Nubin, 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. Randal Krejcarek, Director of Environmental Services, stated this is a request for in -lieu at 640 East Atlantic Avenue submitted as a Class III Site Plan Modification also known as the Old Sonoma Grill at the southwest corner of East Atlantic Avenue and S.E. 7th Avenue. Mr. Krejcarek stated the applicant is proposing to convert 2,215 square feet of retail to restaurant and establish new restaurant and also establish new restaurant square floor area to 1,163 square feet. He stated LDR Section 4.413(G)(1) talks about the requirement for parking for nonresidential and non -restaurant. Mr. Krejcarek stated the LDR Section 4,4.13(0)(1)(D) also talks about if it is a new established area there will be six (6) spaces per 1,000 square feet, The new restaurant area which is 1,163 square feet equates to seven (7) spaces. The subject property currently has a 24 space parking lot. The applicant is proposing to re -stripe the existing parking lot which has 24 spaces in it and when they re -stripe it there will be twenty-eight (28) spaces in it. He stated with that change there would have to be waivers granted for landscaping for internal and terminal islands. Mr. Krejcarek stated that would be four (4) additional spaces which would be nine (9) in -lieu spaces. He stated LDR Section 4.6.9(E)(3) allows the Commission to approve the payment of in -lieu when certain requirements are met and staff has found it to be consistent with those. Mr. Krejcarek stated this location is in Area 1 and the cost per space in Area 1 is $23,660; a total of nine (9) spaces being requested so the total is $212,940.00. The applicant requested to enter into an agreement and LDR Section 4.6.9(E)((3)(d) allows for a parking fee agreement to be entered into and 50% of the $212,940.00 would be due upon signing the agreement, the next 25% would be due on the second anniversary, and on the third anniversary the final 25% would be due. The item has gone before the Parking Management Advisory Board (PMAB), the Downtown Development Authority (DDA), and the Community Redevelopment Agency (CRA) and all Boards recommend approval. Mike Covelli 2295 N.W. Corporate Boulevard Suite 4213 Boca Raton FL 33431. (applicant), stated when they did the analysis they presented four (4) options; one option had three (3) in -lieu spaces and another option had seven (7), another one had nine (9), and another one had thirteen (13). Mr. Covelli stated there is an interior courtyard which equates to six (6) spaces. He stated there axe photographs in the Code Enforcement records that have tables in that courtyard. Mr. Covelli stated when they went through the various board hearings they asked him what he is doing with the courtyard and one of the options was to have no use allocated to the courtyard which would only require three (3) parking spaces if they build the four (4) in the parking lot. He commented about an open air foyer on the building right now and it will be a closed in foyer which is a couple hundred square feet. Mr. Covelli stated it makes that an interior courtyard but all the boards he went to felt like this would create a Code Enforcement nightmare if they don't park it now. Mr. Covelli briefly discussed the impacts of 7 02/03/15 this; the kitchen and restrooms take up a very large area so when looking at this retail space and if they convert that to restaurant the impact is minimized because even though they have to pay for parking for that restaurant space, it is essentially going to be freezers and refrigerators. In addition, Mr. Covelli stated the dining area to the proposed dining area there is not much change in the square footage other than the retail space on Atlantic Avenue becomes a bar and dining along the windows. The existing parking lot has twenty-four (24) spaces on it and through re - striping they can add four (4) more spaces and make it twenty-eight (28) spaces including one (1) additional handicap spot; however, Mr. Covelli stated in order to bring this twenty-eight (28) space parking lot to Code with the required terminal islands, they would actually lose four (4) parking space. Mr. Covelli stated this parking lot is wider than it needs to be so they can cut some access asphalt out and they would take out an old Australian pine hedge and put up-to-date landscaping in that area. Therefore, Mr. Covelli stated they would be increasing the square footage of green area on that side and on the building side there is a sidewalk that runs against the building that they would flip and run against the front of the parking spaces. He stated this will make the parking lot much more functional and safer and it creates an opportunity for them to create more green area along the building. Mr. Covelli stated for the update of the existing parking lot to bring that up to Code, we would need to add 446 square feet of green area. He stated through this proposal of flipping the sidewalk and cutting the extra asphalt out they end up with 586 square feet of green area. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the in -lieu parking fee agreement, to come forward at this time. Arlen Dominek 50 East Road Unit #2-G Delra Beach FL 33483 stated he is happy to see that Sonoma Grill might be a restaurant again. Mr. Dominek expressed concern over the innovative method of providing for additional spacing through in -lieu parking fees and stated he does not know if that in -lieu parking fee is used to create additional parking spaces within the city. Mr. Dominek expressed concern that he will have to buy a compact car to park in Delray Beach and stated it would be to the City's advantage to have the in -lieu payment upfront. There being no one else from the public who wished to speak on this item, the public comment was closed. There was no cross-examination or rebuttal. Deputy Vice Mayor Jarjura inquired about the increase in the customer service area between the existing restaurant configuration (taking out the kitchen area or number of tables) with respect to how much restaurant area there is. Deputy Vice Mayor Jarjura stated she is trying to determine if it is an increase or about the same in terms of the existing customer service area (dining area and the courtyard). Mr. Covelli stated at this point there is no lease or restaurant; it has been vacant for a very long time. Deputy Vice Mayor asked if the in -lieu payments are set up this way under the City's Code and why is the City not receiving the money upfront. Mr. Krejcaxek stated there are two (2) options in the City's Code; a payment in full upfront or the payment schedule that he outlined to the Commission. Deputy Vice Mayor Jarjura clarified that staff recommends Option #3 for the in -lieu request. 02/03/15 Vice Mayor Petrolia stated there are other restaurants in that strip and asked if these restaurants are sharing those twenty-eight (28) parking spaces. Mr. Covelli stated as the building exists today (i.e. retail, the Hurricane, and the restaurant) it is required to have twenty- four (24) parking spaces and there are twenty-four (24) parking spaces in the lot. He stated by converting the two (2) small retail spaces and enclosing the foyer that would be conversion space and the foyer would be considered new space. Mr. Covelli stated the only two uses that will be using that parking lot will be The Hurricane and the restaurant); there is five (5) on -street parking spaces on 7th and two in front on Atlantic Avenue also. Vice Mayor Petrolia asked about the courtyard. Mr. Covelli stated that adds six (6) spaces to the count and if they elected to not do the courtyard it would be three (3) in -lieu spaces. He stated this is restricted to 930 square feet which will retain the landscaping within the courtyard and there will be a small seating area. Vice Mayor Petrolia stated she appreciates what has been done with the landscaping. She feels it will be very attractive and it will add some ambience to the building. Mayor Glickstein stated he would prefer to see the green space where the applicant is proposing it buffering the buildings (north and south) rather than in a parking island and he feels the plan makes sense. 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. Jacquet — Yes; Mr. Frankel -- Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Jacquet recognized Triana Kay Bostwick who is a student from the Criminal Justice Academy. 9.B. BID AWARD/TANNER INDUSTRIES, INC.: Consider approval of a bid award to Tanner Industries, Inc. (Bid No. 2015-09) the second lowest bidder, at an annual estimated cost not to exceed $58,000.00 for the purchase of Anhydrous Ammonia for use in the water treatment process. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 441-5122-536-52.21, (Water & Sewer Fund: Operating Supplies/Chemicals). Randal Krejcarek, Director of Environmental Services, stated this is a bid award to the number two bidder (the second lowest bidder) of two bidders for Ammonia Contract. Mr. Krejcarek stated last November staff received two (2) responses and with those responses both bidders made adjustments to the City's contract. He stated the City then contacted both bidders and informed there that they could not adjust the City's contract and use what they have; Tanner agreed to sign the City's contract; Airgas said "no" because they wanted to make some additional adjustments to it. Mr. Krejcarek stated staff would like to bid to the #2 bidder Tanner in this contract and the difference in cost for the year is about $3,000.00 on a $58,000.00 contract. 9 02/03/15 Vice Mayor Petrolia moved to approve the bid award to Tanner Industries, Inc. (the second lowest bidder), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.C. RESOLUTION NO. 09-15/BEST INTEREST RESOLUTION - PRIVATE SECURITY / TENNIS TOURNAMENT: Motion to approve Resolution No. 09-15 for private security during the ATP Champions Tour/Delray Beach Open by the Venetian Las Vegas which will be held from February 13, 2015 through February 22, 2015. Funding is available from 001- 4210-575-55.40 (General Fund/Recreational Supplies/Tennis Tournament). The caption of Resolution No. 09-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF SECURITY SERVICES FOR FEBRUARY 9 — 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS, DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 09-15 is on file in the City Clerk's office.) Suzanne Davis, Director of Parks and Recreation, stated this item is before the Commission to approve a bid for private security from February 9-23, 2015 for the ATP Champions Tour in the amount of $35,731.25 to Dak Security Agency (second low quote received); the first low quote did not provide all of the information that was required. Ms. Davis stated this is part of the security requirement Section 10.7 of the agreement titled "City's Responsibility to Control Premises" for the tournament. Prior to the vote, Deputy Vice Mayor Jarjura complimented Ms. Davis for her full disclosure and honesty regarding that this was an oversight. Mr. Jacquet moved to approve Resolution No. 0915 and bid award for private security for the ATP Champions Tour/Delray Open by the Venetian Las Vegas, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.D. NOMINATION FOR APPOINTMENT TO THE BOCA RATON AIRPORT AVIATION ADVISORY COMMITTEE: Nomination for appointment of one (1) regular member to the Boca Raton Airport Aviation Advisory Committee to serve an unexpired term ending May 31, 2016. Based on the rotation system, the nomination for appointment will be 10 02/03/15 made by Mayor Glickstein (Seat #5). Mayor Glickstein moved to nominate Ezekiel Kaufman as a regular member to the Boca Raton Airport Aviation Advisory Committee to serve an unexpired term ending May 31, 2016, 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; Mr. Jacquet -- Yes. Said motion passed with a 5 to 0 vote. 9.E. NOMINATION FOR STUDENT APPOINTMENT TO THE EDUCATION BOARD: Nomination for appointment of one (1) student member to the Education Board to serve an unexpired term ending July 31, 2016. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5). Mayor Glickstein moved to nominate Sean. Kelleher as a student member to the Education Board to serve an unexpired term ending July 31, 2016, 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. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7.00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 02-15 (FIRST READING/FIRST PUBLIC HEARING): Consider city -initiated Amendment to the Land Development Regulations (LDR) of the City of Delray Beach; Repealing and Replacing Section 4.4.13, "Central Business District (CBD)", with new zoning regulations and reducing the allowable building height on Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway. If passed, a second public hearing will be held on February 24, 2015. The caption of Ordinance No. 02-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS; REDUCING THE ALLOWABLE BUILDING HEIGHT ON ATLANTIC AVENUE BETWEEN SWINTON AVENUE AND THE INTRACOASTAL WATERWAY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02-15 is on file in the City Clerk's office.) 11 02/03/15 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 Items 10.A., Ordinance No. 02-15, 10.B., Ordinance No. 03-15, and 10.C., Ordinance No. 04-15 are the ordinances to implement the new CBD (Central Business District) Land Development Regulations. Mr. Little stated the City has been working on this with the Treasure Coast Regional Planning Council (TCRPC) since November 2013. On November 18, 2015, Mr. Little stated staff went to first reading for the CBD LDR revisions before the City Commission and those recommendations were approved with direction from City Commission on first reading and scheduled for December 9, 2014; at the second reading the recommendations were moved to continue to January 20, 2015 and Ms. Gianniotes from TCRPC was instructed to meet with the Commission and get more input regarding the incentive and bonus programs. Mr. Little stated the second reading was scheduled for January 20, 2015; however, was withdrawn considering that one of the recommendations was the reduction of building height on Atlantic Avenue to a maximum of three stories between Swinton Avenue and the Intracoastal waterway. Mr. Little stated after discussion with the City Attorney's office staff determined that was a substantive enough change to re -advertise and bring back before the City Commission as a First Public Reading. He stated the draft before the City Commission is the latest redlined draft dated January 23, 2015 at it reflects the latest revision since the last public hearing. Anthea Gianniotes Urban Design Director with Treasure Coast Re ional Planninm Council, stated there are three (3) ordinances before the Commission but most of the discussion will be for Ordinance No. 02-15 which is the section of the City's Code that deals with the CBD (Central Business District) regulations. Ms. Gianniotes stated there is one minor change to the cross reference ordinance which is 03-15 and there are no changes proposed to 04- 15. She briefly reviewed the changes that have occurred between the last public hearing and what is before the City Commission tonight. Mayor Glickstein declared the public hearing open. Gary Eliopoulos, 314 N.W. 7th Street, Delray Beach, FL 33444 (local architect), read two quotes into the record of Mayor Glickstein's opinion that was written in The Palm Beach Post. Mr. Eliopoulos stated Delray Beach has been based on community input and though when Treasure Coast was hired by the City he thought it would be a Workshop with dialogue which invites developers, builders, architects, and the citizens and feels that is what needs to be done here. Mr. Eliopoulos stated with respect to green incentives he feels they should be an incentive and not a requirement. From an architect's standpoint, Mr. Eliopoulos stated if the City starts forcing things on buildings the quality construction will take the hit and the long term residents of these buildings will suffer. Mr. Eliopoulos urged the Commission to take what we have as qualified people not only with City staff but with TCRPC in doing what we have always done (i.e. Charrette/Workshop). Jestena Boughton, owner of the Colony_ Hotel and lives behind the hotel in a townhouse, thanked Ms. Gianniotes with TCRPC for doing what she asked. Ms. Boughton 12 02/03/15 urged the Commission to support and accept the new LDRs, and to put it them in place tonight. She stated the Colony Hotel was the first green hotel in town. Carolyn Riley Patton, 1020 Tamarind Road, Delray Beacb,FL 33483 (property owner in the Marina Historic District and as President of the Marina Historic District Homeowners' Association and speaking on behalf of the Marina Historic District), urged the Commission to pass the new LDRs. Ms. Patton stated she applauds the effort by staff, the Commission, Mayor Glickstein and the citizens because there have been many meetings and input. She stated this is one of the most positive moves for the city. Th-tky Shutt 102 N.E. 12th Street Delray Beach FL 33444 stated she is a licensed architect, owns two historical homes, has-- been involved with the CBD (Central Business District) and the Design Guidelines, was the first_ Urban Planner with the CRA (Community Redevelopment Agency), 15 years co -division implementing, writine, and supporting that and has served on the City's Planning and Zoning Board and the Site Plan _Review and AppearanceBoard (SPRAB), stated the few things that could be problematic which may be the best language for the new LDRs but asked if it has been tested out by the professionals that actually do that. Ms. Shutt encouraged the Commission that throughout the process to open that up for the design professionals. In addition, Ms. Shutt suggested that staff build in a three (3) year revisit time period. Bonnie Miskel, 14 S.E. 4th Street, Suite #36 Boca Raton, FL 33432 (representing a property owner that will be affected by some of the language that the City is ad din stated her client owns a significant portion of the block between S.E. 411, and S.E. 5 Avenue on the south side of Atlantic Avenue within the 120 foot range. Ms. Miskel stated her client believes that the City is treating like properties differently with this language and they will be detrimentally affected; and, subjecting the City to Bert Harris claims in doing this. She urged the Commission to treat like properties the same and not add the language that was presented to them that is contained in Section 4.4.13(1))(1)(a)(1). Jack Maloney, '239 Palm Trail, Delray Beach, FL 33483 (resident and business owner), thanked the City Commission for serving the town but he feels as a resident we are losing our town and are no longer the village -by -the -sea. Mr. Maloney stated he hopes that the Commission will have the foresight and patience to make prudent decisions with the growth of this town. Bart DelsinLw, 1020 Lakeshore Drive, Delray Beach, FL 33444 (resident and business owner), stated he moved to Delray Beach several years ago because of the community, the great atmosphere that was presented, and raised his children here. Mr. Delsing stated he supports economic growth, but he does not want to see this town turn into the Mizner Park of Delray Beach. He urged the Commission to keep Delray Beach the city that it has always been. Joe Snider, 1010 N.E. 8th Avenue, Unit #35F Delray Beach, FL _ 33483 (Licensed Architect, Masters in Historic Preservation, currently servine on the Palm Beach County Zoning Commission, was on the City's first Green Task Force 2008-2009, and currently a Lreen buildina and LEED sustainability consultant stated in 2006 he had a 13 02/03/15 discussion with former Mayor Perlman about joining the Mayors Climate Protection Agreement. In his opinion, Mr. Snider stated there has not been a single quantifiable action taken by this government to do something sustainable and green towards that Mayors Climate Protection Agreement that was committed to. Mr. Snider stated when he was on the Green Task Force they recommended incentivizing green buildings and he feels it is time to add the green building requirement. Alice Finst 707 PIace Tavant Delray Beach FL 33445 stated it would be helpful if the City had a chart (i.e. current, future, possibilities) that showed what the ordinance currently said, if a building were now demolished to what height, dimension, etc. and could it be rebuilt. Ms. Finst stated if this ordinance that is presented tonight (same space and same building demolished) what would be the guidelines, requirements, or the information that would tell us what the new building would look like. Ms. Finst stated we need a parallel to see if this change is going to be different. Alexander "Sand_y" Simon, 220 MacFarlane Drive, Delray Beach, FL 33453 (lived in Delray Beach his entire life and his family has been in Delray Beach since 1912• he has written two books and has liven numerous speech s on Delray Beach and its uni ue character), thanked the City Commission for what they are proposing and stated it is critical that Delray Beach maintain its small town culture and its uniqueness that is beyond the dreams of other cities. Mr. Simon stated the 2 miles of beach were given to the people of Delray Beach by two residents; Veterans Park was given to the people of Delray Beach in 1924 as a gift; in the 1970's the Commission Iowered the density from 45 units per acre to 15 units per acre east of the Intracoastal. Joann Peart, 107 N.W. 9t" Street, Delray Beach, FL 33444, stated some people feel if Delray Beach gets big enough people will give up their cars; some people will but the majority will never give up their cars and the residents, snowbirds, and tourists will not. Ms. Peart commented about the traffic and she feels that this is the new brand for Delray. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (speakine on behalf of S.A.F.E.), thanked the City Commission, City staff, and Treasure Coast Regional Planning Council for a masterful job at promoting sensible growth while preserving the environment. Ms. Anderson stated if the City does not enact these new rules the City would have no defense from other people coming in and building on Atlantic Avenue up to 4 -stories high and huge blocks of buildings like Worthing Place. She stated S.A.F.E. is happy that the limitations on height to three stories and four stories will cut down on congestion, that the closing of streets and alleys is prohibited, that street trees must be of shade types rather than palms; with respect to the provisions for the sidewalk cafes allowing that the sidewalk clear space must be six feet wide, that there must be no seating next to moving traffic, that the chairs must be parallel to the sidewalk, and that patrons are not to overflow into the walking area. Also, S.A.F.E. suggested shower and change facilities which was included in Atlantic Crossing and is now going to be required for large office projects which will encourage employees to walk or bike to work and then freshen up for a day in the office. 14 02/03/15 Jeff Costello Executive Director of the Community Redevelopment A enc (CRA), 20 North Swinton Avenue, Delray Beach, FL 33444, thanked Treasure Coast Regional Planning Council for all their hard work since this process started in 2013. Mr. Costello stated the CRA Board has reaffirmed its position that the fifth story option should be retained as originally proposed in the LDR Amendments in October 2014. He stated the CRA provided the funding in the amount of $150,000 for the update to the LDRs which were intended to include the updates to the required performance standards for increases in density and height. However, the proposed LDRs do not provide that flexibility and could affect the quality design in attracting new businesses and the diversity of uses including office that creates a sustainable downtown. Jason Bregman, 227 Lake Terrace Delray Beach FL 33444 small business owner and resident for 10 ears thanked everyone for going through the process. Mr. Bregman stated he is hopeful that the Planning Director is working on a mobility program citywide in terms of bicycle and pedestrian improvements leveraging some way of getting funds in this city so that there are fewer people in their cars and more people walking and biking to alleviate the traffic. Mr. Bregman stated he concurs with comments expressed by Joe Snider with respect to LEED building requirement and those requirements at 50,000 applies to a couple of other larger cities, but Delray Beach has much smaller lots. He stated 30,000, 35,000, or 40,000 might be a little more appropriate as a threshold. Mr. Bregman stated the proposed height restriction is to keep the character and the historic buildings. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliances stated you could take this entire city and make it Gold LEED and in his opinion it still will not change the atmosphere. Dr. Kirson stated he is not going to ride a bicycle versus driving a car. He stated the rental units that will be going up around the community will only add to the congestion. Jinn Knijzht,123 East Atlantic Avenue, Delray Beach, FL 33483, stated a lot of hard work has gone into the LDRs; however, with respect to office space it states "one space per 500 square foot of net floor area and for business and professional offices greater than 10,000 square feet it is one space per 300; retail and commercial uses — One space per 500 square feet of gross floor area. He suggested that the City have the same encouragement for office space to come to the downtown and keep it at one space per 500 square feet through the process. Mr. Knight stated reports and studies have shown that the parking garages are not utilized during the day but are utilized at nights and weekends. There being no one from the public who wished to address the Commission regarding Ordinance No. 02-15, the public hearing was closed. Anthea Gianniotes Urban Desilzu Director with Treasure Coast Regional Planning Council, stated she was conservative in the requirement because it was moved from an incentive to a requirement and that is why she was hesitant to make the threshold any lower. Ms. Gianniotes stated Washington, D.C. may be a large city, however, the fabric of it is 4-5 stories therefore, with respect to scale it is not that different from a development standard. 15 02/03/15 Deputy Vice Mayor Jarjura asked whether or not we have worked with the design professionals, architects, and engineers and held a charrette to see whether these revisions are feasible. She commented about Mr. Snider's email regarding 50,000 not being feasible and that is should be more around 20,000-30,000. Deputy Vice Mayor Jarjura asked if TRCPC has looked at how many buildings this would potential affect. Ms. Gianniotes stated it is not sites; it is buildings; Cannery Row and The Meridian would have had to do it; she stated the requirement is not based on the size of the property, but it is based on the development size. Ms. Gianniotes stated she recommends 50,000 and feels that most of the development pattern with the larger projects would be able to absorb that. Deputy Vice Mayor Jarjura stated if the City is saying that between Swinton Avenue and the Intracoastal on Atlantic Avenue is a historic area that we want to preserve. She stated that she would not support firearms being sold as well and she is not sure why this is being limited to West Atlantic Avenue. Deputy Vice Mayor Jarjura stated other uses that the Commission discussed that are potentially nuisance uses and is not sure if that got lost in translation or there maybe wasn't a consensus by the Commission to address this now. Mr. Little stated staff has lifted the existing uses within these sub -districts and put them directly into the Code. He stated staff has not received any consensus direction in terms of changing any of the uses and staff feels strongly that keeping the uses as they are is the appropriate thing to do right now for this LDR revision but that is not to say that staff cannot come back and revisit uses as was just done two weeks ago. Mr. Little stated the rezoning alone of CBD to RC as a sub -district was a big move and that really did not change anything; there were one or two occasions where there was a change of use that had to do with noxious storage of chemicals for dry cleaning. Ms. Gianniotes stated the detailed footnotes about lawn care are directly out of the West Atlantic Avenue Neighborhood Redevelopment Master Plan that is separate from the Downtown Master Plan. She stated TCRPC has been meeting with the different community groups including WARC and it was very important to them that what they crafted so carefully were reflected in the table. Deputy Vice Mayor Jarjura asked that at some point they take a consensus vote on whether or not they want to address the uses in the CBD and if there are changes that the Commission wants to make to them based upon the historic nature of the downtown. Deputy Vice Mayor Jarjura made reference to Section 4.4-77 about the mix of units and stated the language clearly reads that two and three bedroom units are encouraged but if that is the case why is the greater percentage of the units; studios and one -bedrooms. Ms. Gianniotes stated where you are building largely multifamily townhouse developments this is not an irregular quantity; the problems that the City has had have been waivers that have increased the percentage in other projects. Ms. Gianniotes stated if the percentages need to be adjusted she suggested that the Commission make this in their motion. Brief discussion between Deputy Vice Mayor Jarjura and Commissioner Jacquet followed with respect to limiting the total. Deputy Vice Mayor Jarjura made reference to Section 4.4.101-102 what is the average structure size in the developments that are being looked at in the CBD. Ms. Gianniotes stated as 16 02/03/15 a way to distinguish between different types of green spaces that are common in cities it is part of the palette. Ms. Giam-dotes stated the other issue with open space was that open space was generally crafted as a base requirement to form that requirement and was also intended to be doubled as part of the incentive program but has now over time become more conservative. Deputy Vice Mayor Jarjura asked if all these architectural changes (i.e, setback, open space, green building) have been modeled and tested by Treasure Coast. Ms. Gianniotes stated these architectural changes have been modeled and tested by TCRPC and they hired consultants and professionals to make sure that they were feasible, however, this was not open to a public charrette. Deputy Vice Mayor Jarjura stated the City currently has a community garden ordinance which prohibits community gardens in the CBD and she feels it needs to be concurrently with the other cleanup ordinances. Deputy Vice Mayor Jaxjura suggested that staff work on a revised community garden ordinance for the next City Commission meeting. Mr. Little stated the community garden ordinance clearly defines the districts where it is allowed and is prohibited by omission in the current Code; however, with this revision it is provided as an option in the CBD as an accessory use. The City Attorney stated these would be minor clarifications so that community garden is a legitimate use in a commercial area. Deputy Vice Mayor Jarjura stated with respect to Mr. Knight's concern about the parking for encouraging business and professional office use (net floor area vs. gross floor area) used for restaurants, retail, and commercial uses. Ms. Gianniotes stated TCRPC's original recommendation was for a lower standard for office in particular because the garages are empty during the day and was all business and professional office at 1 per 500. However, based on the concerns expressed at the public meetings, Ms. Gianniotes stated TCRPC went back to the Kimley-Horn study as well and they called out trying to lessen the requirement for the smaller office. Ms. Gianniotes stated TCRPC is trying to encourage and maintain for the smaller offices. Deputy Vice Mayor stated the rationale behind the three-story limitation on Atlantic Avenue between Swinton Avenue and the Intracoastal. The City Attorney briefly explained the Bert Harris Act. Deputy Vice Mayor Jarjura commented about all the public meetings (16) and she appreciates how TCRPC is trying to remedy everyone's desires. Deputy Vice Mayor Jarjura stated she likes the green building requirement and hopes that when they have a bonus program come back for the fifth story or the additional density in certain areas that the City can increase the green building requirement so that we have enough incentive for people to go for those things. Mr. Frankel out of 16 public meetings how many people under the age of 30 did TCRPC talk to. Ms. Gianniotes stated they do the best they can with outreach and they were contracted for twenty plus interviews but they did approximately forty; however, she does not know their ages. Mr. Frankel commented about an article written by former Mayor Jeff Perlman and his question was "We should ask Treasure Coast what they think of this process and its outcomes." Ms. Gianniotes stated TCRPC stated she and her colleague Marcela Camblor- Cutsaimanis that they did not think the City should worry about limiting density and that if the building was behaving the way that a form -based Code makes it behave, it does not matter if the density is 30, 35, 40, or 45. Ms. Gianniotes stated TCRPC feels that the problem that has happened with the projects has been waivers; the initial recommendation of TCRPC was not to 17 02/03/15 limit density. Mr. Little stated he too read the article and thought it was great. Mr. Little stated in his career he has either participated or run over 100 week long charrettes most of them for redevelopments for downtowns or neighborhoods, on occasion they have done some for buildings and Codes. Mr. Little stated what he has learned is that charrettes do not work for buildings or Codes because when you have a charrette it is about the vision and the higher altitude items that you are going to be trying to address. He stated this does not work for architecture and when going through Section 4.4.13(c)(d)(1) it is hard to get to that. Mr. Little stated this was never intended to supplant or undermine the vision of the Master Plan that had been created because that is still being implemented. However, Mr. Little stated it was taking all of the ideas and changes to the LDRs and trying to consolidate and clarify them and make them more effective. Mr. Little stated he agrees that the next step is to have an update to the Master Plan, but he does not feel this work is invalid because they did not hold a charrette or the Master Plan update first. Ms. Gianniotes stated she is very proud of the Downtown Master Plan and it has served the city well; this is fine tuning what needed to be fine-tuned but it did reveal that there is a larger conversation that is necessary at this point. Ms. Gianniotes reiterated that this was meant to fine-tune, update, and check the development that had been improved against the vision that was established. Mr. Frankel stated even though this bonus program was being stricken, he is still in favor of that. Mr. Frankel stated Ms. Shutt's three (3) year proposal to revisit is an excellent idea and if this goes forward he suggested that there be a charrette because it could have been a little more beneficial for this. Mr. Jacquet thanked Ms. Gianniotes for all her work and the countless public meetings and echoed comments expressed by Mr. Frankel regarding the cross-section of the community. Mr. Jacquet stated the three-year look back period is an excellent point. Mr. Jacquet stated considering what the CRA is advising and the purpose of the CRA, he asked if the Commission should give his comments more thought. He stated he has lived in Delray Beach since 1989 and he feels like a guest in his own town. With regard to the incentive program, Mr. Jacquet commented about the dwelling units and at the last time this was discussed they spoke about the workforce housing percentage which was 20% of the bonus amount which means if someone had twelve (12) units which is required and they wanted to go to thirty (30) all they would need is 3.6 per unit. Ms. Gianniotes stated there is no base requirement in the CBD for any district right now. Mr. Jacquet stated there was previous discussion about whether the percentage would be on the bonus alone or the total amount; 20% of thirty (3 0) is 6; 20% of 18 is 3.6. Mr. Jacquet asked what response was as to why we do not calculate the workforce housing based on the total amount of units as opposed to just the bonus amount. Ms. Gianniotes stated when the issue was initially raised the workforce housing was still being contemplated as a requirement for the incentive program across the entire CBD; it would have applied to projects that were not in West Atlantic Avenue. Ms. Gianniotes stated at this point the only density increases are West Atlantic Avenue. Mr. Jacquet asked where Ms. Gianniotes sees West Atlantic Avenue in the future. Ms. Gianniotes stated there are four stories on Atlantic Avenue and because she was part of the Master Plan the line between where downtown where West Atlantic Avenue was really clear because TCRPC were working in the CRA buildings when they were here; she believes that line continues to disappear which is going to spread value and hopefully spread some affordability into the core of the city so that mix will happen. Ms. Gianniotes stated lot sizes in two different capacities; one, the ownership pattern is one of the larger parcels and the lot size has to do with their ability the glomeration of land, how much you 18 02/03/15 can park and build and in that capacity the existing ownership pattern on Atlantic Avenue, TCRPC feels conducive to maintain a three-story maximum limit. Ms. Gianniotes stated the CRA has been in the process of agglomerating property to help spur redevelopment and she believes everyone is going to start seeing more cohesive projects similar to what they have seen in other areas off of the Avenue. Ms. Gianniotes stated the West Atlantic neighborhood can increase their density from twelve (12) to thirty (3 0) units per acre but even in the existing Code they were not going above forty-eight (48) feet to be consistent with the scale of the neighborhoods on either side. Mr. racquet stated the nearest parking garage is by the library is there a serious need with thinking forward with all that there will be on West Atlantic Avenue, to have parking closer to the eye instead of closer to downtown because the minute people get off I- 95 everyone is going to go straight to the fork in the road (around the library, Dunkin Donuts, Swinton Avenue). He stated if everyone can park on 12'b, 10', 10th, or 9th and go to the Courthouse, or Ziree then people would not have to drive to Swinton Avenue and park in the Old School Square Garage or the library. Mr. Jacquet expressed concern that in the future when none of the current Commission members are here, and the Commission that will be sitting on the dais is going to wonder why this present Commission didn't think to put some parking out west instead of putting all the parking garages east within less than a one mile radius. Vice Mayor Petrolia stated from the public comments that they expressed the 50,000 level mark for the green is something she would like to see lowered a little bit; however, she can live with it and she also loves the idea of the three-year revisit because the 50,000 might be too high and it could always be adjusted. Ms. Gianniotes stated with respect to considering motion: three (3) year review; whether the 50,000 square feet should be lower, and whether the unit mix should have an ultimate cap of smaller units. Mayor Glickstein stated this is not technically a charrette and planning process; there is sixteen (16) opportunities for peoples input including noticed public meetings and to categorize this as spur of the moment, closed process, or not ample opportunity for design professionals to weigh in, is not the case. Mayor Glickstein stated what they are doing is eliminating the "wedding cake" design and he feels that the design is going to be greatly enhanced; in particular this, followed up with the architectural piece, is going to be a very effective program. Mayor Glickstein stated with respect that with respect to "testing by design professionals" it has been his experience that modeling is helpful, but until you are in the field working these things through that is what flushes out what needs to be tweaked. He stated the new LDRs has helped to eliminate the loopholes; he stated in the previous iteration was not so much loopholes but a complete lack of clarity on both the developer end, the Planning and Zoning Department, and with the public in terms of managing expectations. With respect to Ms. Miskel's point regarding the Bert Harris, Mayor Glickstein stated the City's Code is very consistent about preserving and protecting the cultural and historic aspects of the downtown and he feels the City Attorney did a great job of concisely addressing the Bert Harris Act. Mayor Glickstein stated the CRA has every right to weigh into this and there was no "quid pro quo" in connection with paying for the work and this is where we are going to be. Mayor Glickstein stated the CRA was asked to contribute because the CRA occupies the entire downtown. Mayor Glickstein stated the focus needs to be to incentivize office space. Mayor Glickstein read a brief 19 02/03/15 statement into the record regarding Treasure Coast and the Planning Director's thoughts on going forward. Mayor Glickstein applauded the efforts of everybody involved. Brief discussion ensued between the Commission, Treasure Coast Regional Planning Council, and staff, Deputy Vice Mayor Jarjura stated she would like clarification as to the actual number of rental units and she asked that staff respond at the next public meeting. Ms. Gianniotes stated not every developer chooses to incorporate smaller units; a townhouse product is automatically a much larger unit that is in the mix as well. Ms. Gianniotes stated it is a balance between what everyone is building not just what is happening in each building. Vice Mayor Petrolia moved to approve Ordinance No. 02-15 on First Reading/First Public Hearing with the modifications, and regardless of what happens that there is a three (3) year revisit, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia —Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 03-15 (FIRST READING/FIRST ,PUBLIC HEARING): Consider city -initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4, "Table of Contents"; amending Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending Section 2.4.5(F), "Site And Development and Master Development Plans (MDP)"; amending Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning Districts"; amending Section 4.3.3(1), "Community Residential Homes And Group Homes"; amending Section 4.3.3(5), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(J), "Height"; amending Section 4.3.4(K), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business District -- Railroad Corridor (CBD -RC)"; amending Section 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty -Five (35) Foot Height Limitation"; amending Section 4.6.9(C)(1), "Bicycle Parking"; amending Section 4.6,9(E)(3), "Location of Parking Spaces, In -Lieu Fee"; amending Section 4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for Properties Within The Central Business District (CBD)"; amending Section 4.6.18(B), "Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A "Definitions". If passed, a second public hearing will be held on February 24, 2015. The caption of Ordinance No. 03-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND 20 02/03/15 MASTER DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F) "TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) `BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(l) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION 12 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(1) "HEIGHT"; AMENDING 1 SECTION 4.3.4(x) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD -RC)"; AMENDING SECTION 4.6.4(A) "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION"; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN -LIEU FEE"; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4) "FOUNDATION LANDSCAPING REQUIREMENTS"; AMENDING SECTION 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A "DEFINITIONS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03-15 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. Anthea Gianniotes, Urban Design Director_ with Treasure Coast Re1jonal Planning Council, stated there was one change from the last reading and this reading and that is when she described an earlier presentation regarding the number of multi -family units within a mixed use building in the CBD (Central Business District) so that the smaller properties could incorporate a residential component typically in an upper floor without having to have three (3) units. Mayor Glickstein declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 03-15, the public hearing was closed. Deputy Vice Mayor Jarjura stated the community garden language should be in this cleanup language. The City Attorney stated he understands the concept that the City 21 02/03/15 Commission wants and he will work with the Treasure Coast Regional Planning Council to incorporate it. It was the consensus of the Commission to support the community garden language. Deputy Vice Mayor Jarjura moved to approve Ordinance No. 03-15 with the amendment to add community garden as an approved civic space use in the CBD (Central Business District), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet -- Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein -- Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE_ NO. 04-15 (FIRST READING/FIRST PUBLIC HEARING): Consider a city-iitiated rezoning of properties zoned CBD -RC (Central Business District - Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between NE 4th Street and NE 2nd Street and extending from the north -south alleyway west of NE 3rd Avenue to the east of the FEC Railway; and, the south area generally located between SE 2nd Street and SE 7th Street, east of and west of the FEC Railway. If passed, a second public hearing will be held on February 24, 2015. The caption of Ordinance No. 04-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD -RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT), SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-15 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. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 04-I5, the public hearing was closed. 22 02/03/15 Mr. Frankel moved to approve Ordinance No. 0415 on First Reading/First Public Hearing, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet --- Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 11. FIRST READINGS: A. None 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager The City Manager stated he has sent a breach letter concerning Oceanside Beach Services (OBS) due to failure to meet certain contract provisions. He stated the City is waiting on a remedial action on their part and if not, he expects to bring action to the City Commission concerning that contract. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated there is a business called Exhilaride and they are renting golf carts and some people have complained about the process. Mr. Frankel asked about the process involved in how this business was approved when it has a huge effect on parking and traffic. The City Manager stated he will obtain more information regarding this. Mr. Jacquet asked if there are any regulations on golf carts. The City Attorney stated Code looked at this and felt that it was authorized under certain sections of the Code and that is why they allowed for it. Mr. Frankel stated the Commission had previous discussions about safety concerns with Segways and the Delray downtowner. The City Attorney stated a pub cycle is a custom made vehicle pedal power which 15 passengers that people can rent but it is an employee driver. The City Attorney stated he is reviewing this to see whether or not it needs some type of enabling ordinance or other regulations. Dana Little, Director of Planning and Zoning, stated staff has had a couple of inquiries regarding golf cart rentals or neighborhood electrical vehicles. Mr. Little stated these 23 02/03/15 vehicles are actually street legal with horns, turning signals, and license plates. He stated staff determined that initially it was the Downtowner that wanted to have a business renting these in downtown. Mr. Little stated staff determined that they were street legal vehicles not recreational vehicles as like a golf cart. Mr. Little stated staff recommended that they either go the Segway route which is to do a privately -initiated LDR Amendment which was specific to the routes, or they could go to the AC (Automotive Commercial) district. Mr. Little stated then the request from the Downtowner was if they go to the AC district can they then just deliver them downtown like a concierge service and staff could not support it. Mr. Little stated the business Commissioner Frankel is describing went to the AC district and they have people pick them up and drive them away. Therefore, Mr. Little stated they are renting these vehicles out of the AC district without the concierge deliver service downtown. Secondly, Mr. Frankel stated he met with Steve Michael yesterday with regard to the Puppetry Arts Center. Mr. Frankel stated he does not like how it was represented that they did not want to stay. The City Attorney stated if they do and they need to bring an amendment back to the City Commission he will do so to reflect whatever that transaction is. 12.C.2. Deputy Vice Mayor Jarjura Deputy Vice Mayor Jarjura stated she forwarded the City Manager emails for outstanding issues that his predecessor was working on that she would like Mr. Cooper to work on. These outstanding issues are as follows: (1) demolition by neglect for historic resources and whether or not the City could tighten that up so we do not have blighted historic resources, (2) evening Code violations (i.e. emptying of trash receptacles) in particular Kilwin's, litter, and the sidewalk cafe issue (i.e. The Office and not having the sidewalk clear along 4th Avenue), (3) in a recent weekly staff report there was mention about the landlord tenant permits that the fees exceeded or met budget this year and she asked how staff is collecting that data and tracking these permits, (4) parking in -lieu fee she asked for a response at the next meeting explaining where those in -lieu fees goes and whether there is a dedicated fund for parking, (5) Education Board she requested that whenever there are student appointments that staff expand and reach out to notifying the Principals of the high schools with Delray Beach students taking precedent to see if these students would be interested and it would be a way to get the local kids more involved, (6) Whether or not there is a need for a parking garage west of Swinton Avenue — (#1) Is there a demand for a parking garage? (92) Can the City afford to build it and maintain it? (93) Where is the most feasible location? Deputy Vice Mayor Jarjura stated the City has a college internship program. The City Manager stated the City will look into trying to put a high school internship program together. Deputy Vice Mayor Jarjura stated she concurs with comments expressed by Commissioner Jacquet that we should be driving traffic away and part of the problem is because these parking garages are in a concentrated area. Deputy Vice Mayor Jarjura stated if there are dedicated employee parking spots in that parking garage working with the downtown or the Police Department in getting these employees safely late at night to these more remote parking garages. 24 02/03/15 Mr. Frankel stated something needs to be done about the taxi cabs taking up all the parking spots. Mayor Glickstein stated there is a disconnect between where Code Enforcement stops and law enforcement starts; he stated they have to be given clear direction. Mayor Glickstein stated the City should be forbidding any taxi cab from occupying a public parking spot on Atlantic Avenue. The City Manager stated he received some information this afternoon and staff will be handling this. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia stated she asked Mr. Cooper to send her the number of direct reports and their titles and he sent her a list of nine (9) people who directly report to him. She stated one of the issues is the city's failure to have succession planning and there appears to be no one to fill the vacancies that come up available in the departments especially the Department Head positions. Vice Mayor Petrolia recommended that the City Manager hire two (2) very aggressive Assistant City Managers who are actually looking for a City Manager position. She stated this would help to take some of the burden off himself and direct it towards those two positions (or whomever) in having just a few individuals report directly to the City Manager including the two (2) Assistant City Managers and a few others that are very important to have to report directly to him. Vice Mayor Petrolia stated she feels this would be extremely helpful for the City Manager. Secondly, Vice Mayor Petrolia stated she received three (3) emails after the last meeting where the City Commission met. She stated there was an incident that happened at the meeting from the dais. The City Manager stated he did hear that there was some kind of loud discussion; however, he did not personally see anything. Vice Mayor Petrolia stated she believes it started from the dais and there was a question from the audience. For clarification, Vice Mayor Petrolia asked if there is any rule or law or breaking of any understanding of the Sunshine Law to have whispered conversations when the City Commission is in a public meeting. Vice Mayor Petrolia asked if it is appropriate or inappropriate to have a conversation on the dais. The City Attorney stated there is no legal prohibition of any member of this Commission approaching him and having a conversation with him. The City Attorney stated in the last seven (7) months with the city, he believes there has been an occasion where he probably has had a conversation on the side with each Commissioner from time -to -time. The City Attorney stated he has also done it in his prior practice and he has done it far more extensively in his prior practice and for much longer conversations. For clarification, Noel Pfeffer stated in his role as City Attorney, there is no prohibition to any Commissioner coming and talking to him other than a common sense of the decorum they need to be quiet on the side. The City Attorney stated the normal course of conduct on this dais is from time -to -time the Commission has brief informal exchanges between each other. The City Attorney stated this board does it and every board he ever observed does that; and, he knows that the City Commission does that 25 02/03/15 understanding the integrity and the basic ground rules of the Sunshine Law. The City Attorney stated the City Commission stated he is not opposed to those conversations; the City Commission knows that they cannot privately speak about any matter that may be the subject of future discussion before the Commission. 12.C.4. Mr. Jacquet Mr. Jacquet thanked the City Attorney for his explanation and stated since the Commission was elected they have known that their two staffers are the City Manager and the City Attorney, Secondly, Mr. Jacquet stated having people in the audience addressing the Commissioners when it is not public comment or randomly yelling out comments does not happen often. Vice Mayor Petrolia stated she understands what Commissioner Jacquet is speaking to; however, she does not appreciate that she is being put in her place here. Vice Mayor Petrolia stated she is asking this question from the dais; she understands how it works otherwise but she was not really aware of the fact that whether or not there is a difference on the dais where the City Commission is in the middle of a public meeting and the Commission is having private conversations. Vice Mayor Petrolia thanked the City Attorney for his explanation. 12.C.5. Mayor GIicksteiin Mayor Glickstein stated he received a complimentary letter from the public congratulating Suzanne Davis, Parks and Recreation Director. He stated if the City receives letters where staff members are complimented he requested that these letters be posted on the board in the lobby. Secondly, Mayor Glickstein stated with respect to the question that Vice Mayor Petrolia raised and when Commissioner Frankel asked for a point of order, he does not like it when anyone member of the public refers to anyone on the dais in a derogatory fashion. With regard to addressing the City Commission, Mayor Glickstein read the language from the first page of the Agenda that "All comments must be addressed to the Commission as a body and not to the individual." Mayor Glickstein stated when someone makes a disparaging remark to any Commissioner using their individual name, what kind of latitude does he have to stop it right then and there. The City Attorney stated unfortunately there is a body of first amendment case law that lets people say things from time -to -time that are inappropriate and offensive. However, the City Commission does have some discretion, but rather than handle it informally on the dais, he now has the resources where he can give the Commission some feedback and guidance. With regard to dogs on the beach, Mayor Glickstein stated he is at the beach 4-5 days a week and during high season there is not a morning or afternoon when he is coming up from the water well south of the north end where he does not see dog poop in the sand. Mayor Glickstein stated it is inexcusable that dog owners are not picking up after their dogs and he 26 02/03/15 suggested that the City do something about this (i.e. erect signs on the beach informing people to pick up after their dogs). With regard to Mr. Rousse's comment tonight about looking at some overflow parking areas, Mayor Glickstein stated if the City is closing streets we should be able to open up unconventional parking areas for temporary relief. He was speaking about the green space between N.W. 2nd Avenue and the railroad tracks. Mayor Glickstein stated there are other areas and suggested that Scott Aronson, Parking Facilities Manager look at this to get everyone through this construction process. With regard to the parking garage that Commissioner Jacquet and Deputy Vice Mayor Jarjura discussed, Mayor Glickstein stated this Commission approved the City going forward on how to utilize public assets in general; one of those is that parking area by the library. Mayor Glickstein stated there are all kinds of parking possibilities to expanding the parking capabilities there. Mayor Glickstein stated he had asked for bimonthly updates on what is happening with parking process. With respect to directives from the City Commission, Mayor Glickstein stated while these directives are part of dialogue it is direction for staff. Mayor Glickstein stated there was a unanimous decision by the Commission about not turning left on N.E. 2nd Avenue three (3) years ago. Mayor Glickstein stated the directive is "No Left Turns" on N.E. 2nd Avenue. Prior to Mr. Cooper's arrival, Mayor Glickstein stated the Commission also requested as a public policy priority to implement the Beach Area Master Plan. He stated the Commission stated within the economic budgetary confines what can they implement. Mayor Glickstein stated the City Commission as a body is making a policy decision or instructing staff through the City Manager to do something and for a variety of reasons it is not happening. Mayor Glickstein stated another example is Barwick Road. The City Manager stated he received a set of documents from the City Clerk and has also discussed with staff and they are going to start clearing those. The City Manager stated he received information this afternoon from Randal Krejcarek concerning left turns and will begin to start dealing with those types of issues. Lastly, Mayor Glickstein stated Deputy Vice Mayor Jarjura commented about requesting Commission consensus to look at uses that the City Commission does not want to see in the CBD (Central Business District). Dana Little, Director of Planning and Zoning suggested that the Commission start with compiling a defined list of those uses that the Commission does not want to see in the CBD and stated there will be a legal component to this which is significant. Mayor Glickstein requested that staff also get input from the DDA as to what uses we do not want in our downtown. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:54 p.m. y City Clerk 27 02/03/15 ATTEST: 4�<AL" YOR 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 February 3, 2015, which Minutes were formally approved and adopted by the City Commission on Augus 11, 2015. 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. ►: 02/03/15 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. IN LIEU PARKING FEE REQUEST FOR SONOMA GRILL/ PR REI, LLC 1. This in lieu parking fee request for the purchase of nine (9) parking spaces in -lieu has come before the City Commission on February 3, 2015. 2 The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Sonoma Grill! PR REI, LLC at 610 East Atlantic Avenue. All of the evidence is a park of the record in this. case. Required findings are made in accordance with Subsection 1, 1. IN LIEU PARKING FEE: Pursuant to LAR Section 4.6.9(E)(3), when additional parking is required due to conversion of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of conversion of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of four (9) parking spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is $23.660.00 per space totaling 1212,940.00. Payment is due upon issuance of a building permit. Yes 5 No 0 3, The City Commission hereby finds that the In Lieu Parking Fee Request meets- the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed alcove, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land development Regulations. City Commlesion Regular Meet'ng 02-03-15 Item 9.A. 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. 5_ Based on the entire record before it, the City Commission approves !l denies the in lieu parking fee request as set forth above. S. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of February, 2015., by a vote of 5 in favor and 0 opposed. z�' &' — TTESR Cary-b.0ick ein, Mayor Chevelle Nubin, City Clerk 2 City Commission Regular Meeting 02-03-15 Item 9-A.