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09-17-2013 Regular Meeting MinutesSEPTEMBER 17, 2013 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, September 17, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mr. Jacquet requested that Item 8.I., Contract Closeout/Great Lakes Dredge and Dock Company be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. and Item 8.J., Service Authorization No. 12- 04.1/Caulfield & Wheeler, Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.B.B. Mayor Glickstein moved to approve the Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: A. None 09/17/13 At this point, the Commission moved to Comments and Inquiries on Agenda and Non -Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Warner's comment about the parking plan, the City Manager stated this will be discussed in October and staff has been trying to formulate a comprehensive approach to parking. With regard to Mr. Frankel's comments about the "Cone of Silence", the City Manager stated this starts once a bid has been executed. Mr. Frankel stated the Commission is never notified and asked that staff notify the Commission when a bid opening occurs. With regard to Mrs. Gray's concern expressed about the grant for Veterans Park playground, the City Manager stated the City does not have an executed agreement with the developer yet so the City has received no donation at this point. The City Manager stated with regard to Mr. Frankel's concerns about Spot Coffee, the City has done some enforcement efforts and on Saturday the City's assigned Code Officer physically observed the on-site manager asking those individuals who were congregating there to move on. If the congregation continues, the City will require that the tables on the side of the street be removed. Mr. Frankel stated last week he was at Spot Coffee when the Code Officer approached the manager and a few of the tables were removed. With regard to Mayor Glickstein's comments regarding the League of Cities and the $100 million grants funding, the City Manager stated Nigel Roberts, Neighborhood Services Administrator/Community Improvement will continue to monitor that. 6.13. From the Public. 6.13.1. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, FL 33445, read a brief statement into the record and expressed concern over the discord he has witnessed on the Commission over the last six months. He stated this evening the Commissioner is going to vote to exclude former Commissioners for two (2) years from an appointment to a City Board and feels a two-year exclusion is wrong since the same individual by Charter is allowed to run for the City Commission after only one year off the Commission or immediately for Mayor. Dr. Alperin expressed concern over the lack of civility at the City Commission meetings and he feels it is hurting the reputation of the city. 2 09/17/13 6.B.2. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about Dr. Alperin's remarks and stated she has concerns regarding unethical behavior. She briefly spoke about the property (Item 9.A., Conditional Use Request for The Strand) on the Agenda. 6.B.3. Robert Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, stated two weeks ago he suggested that a proposal for the Planning and Zoning Department (Item 9.F.) be discussed by the Commission and then tabled for further review. Mr. Ganger stated the proposal was never discussed. He stated staff is requesting an amendment limiting density to 30 units per acre in a narrow band of blocks surrounding Atlantic Avenue from 1St Avenue to the Intracoastal and the building heights would be calculated in stories and not feet. He stated the Coalition feels this is not a solution. Mr. Ganger urged the Commission to request a moratorium on all conditional uses until the comprehensive relook at the Downtown Master Plan and the City regulations is completed. 6.B.4. Steve Blum, 115-C Venetian Drive, Delray Beach, FL 33483, read a brief statement into the record regarding the nine (9) suggestions on how to increase functionality and reduce the time spent on meetings. 6.B.5. Alphonso Mayfield, 2297 Saratoga Lane, West Palm Beach, FL 33409 (SEIU Representative), stated the SEIU bargaining unit employees have not received a raise since 2009. Mr. Mayfield urged the Commission to work together to build a better city. 6.B.6. Ann Stacey -Wright, 102 S.W. 13th Avenue, Delray Beach, FL 33444, Chairperson of the Southwest Neighborhood Alliance, President of Atlantic Park Gardens Neighborhood Association, Board Member of the Delray CDC, homeowner and lifetime resident, stated she is proud to be a resident of Delray Beach. Ms. Stacey - Wright briefly spoke about the blue collar City employees and the public relies on them for good quality public service. She urged the Commission to talk with the Florida Public Services Union and support the City employees. 6.B.7. Resident of Abbey Delray (corner of Lowson Boulevard and Congress Avenue), stated Code Enforcement has a difficult time maintaining the structures of the fences and the areas around Congress Avenue and enforcing all the Codes with regard to the medians, signs, etc. She stated expressed concern over crime because of the laxity of the problems with Code Enforcement. She stated the appearance of Congress Avenue if you drive south on Congress Avenue into Boca Raton or north on Congress Avenue into Boynton there is a distinct difference in appearance and in the kinds of ways that they are maintained. She stated Marc Woods and Al Berg have been very helpful with their community and urged the Commission to try to change Code Enforcement so that they can enforce them in a timely way because the time spent now is excessive. 6.B.8. Robert A. Kick, 2815 Cormorant Road, Delray Beach, FL 333444, Delray resident for 27 years, representing 42 homeowners, stated weeds are growing 09/17/13 crazy at C-15 Canal and he has talked to the South Florida Water Management District who have indicated that the City needs a permanent structure (i.e. weed trap) at the end of the C-15 canal to let the weeds out. He expressed concern over the safety of children who play there. 6.B.9. Jim Boucher, Boucher Brothers Management, Inc., 1451 Ocean Drive #205, Miami Beach, FL 33139, commented about the RFP process stated at the last meeting after being selected first and being the highest bidder they were declared non- compliant because they bid in an LLC manner. Mr. Boucher stated he made two calls to the Purchasing Department and left is telephone number, email address, and his new office address that he has had for over two years and he did not receive any information about this bid nor did anyone in Dade County. He stated they have an RFP that they were not able to submit today because they were not able to be involved in the mandatory pre-bid conference and there was no notification of the pre-bid conference. Mr. Boucher requested that the City re -bid due to the irregularities. 6.B.10. Anthony Guy, 1220 N.W. 2nd Street, Delray Beach, FL volunteer coach for the Delray Rocks Program and City employee for 10 years, stated it is upsetting to him for the Commission to make decisions about their livelihood without knowing what is going one with the blue collar employees. Since 2009, Mr. Guy stated they have been struggling financially and expressed concern over the City going to Impasse so easily. He stated when the City is making decisions about the blue collar workers they need to also refer back to S.P.I.R.I.T. Program when making choices about their livelihood. Mr. Guy stated the blue collar workers are making sacrifices on a daily basis to work the events and make the City look good. 6.B.11. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 Begley Park thanked this Commission and previous Commissions for everything they have done. Mr. Katz briefly spoke about Item 9.13. and he agrees that something should be done so that someone who goes from a Commission seat does not go to a seat that mirrors what the Commission already does (i.e. CRA). He stated if someone goes from a Commission seat to a Board such as the Education Board that does not control a financial stake in the City he feels that is different. Mr. Katz suggested that instead of an across the board moratorium that the Commission consider a compromise. Mr. Katz stated there are tons of people who want to serve on these boards and supports the moratorium. Secondly, Mr. Katz commented about Mr. Boucher's comments. 6.B.12. Amy Thor, 700 N. Audubon Boulevard, Delray Beach, FL 33444 Bass Creek concurs with comments expressed by Mr. Kick regarding the C-15 canal. Ms. Thor urged the commission to make sure that the invasive non -indigenous species does not continue to do to the canal what it has been doing for years. Ms. Thor stated the City has allowed it in past years in this canal to become so thick and matted that it is able to actually root into the soil of the canal at the edges where it is very shallow. She stated City workers have come in and harvested it. She stated she has been led to believe that an agreement has been made in 1996 with Bass Creek and since that agreement a boom has been placed across the water on the north side of the Audubon Boulevard Bridge. 0 09/17/13 Ms. Thor expressed concern over the condition at the end of canal and urged the Commission that something be done. 6.B.13. Jocelyn Patrick, 211 N.W. 15th Avenue, Delray Beach, FL 333444, (resident of Delray Beach for 52 years), representing the Northwest Neighborhood Alliance, supports the Florida Public Service Union, its employees, and front line employees. She briefly spoke about the public service workers who are the backbone of the communities who keep us functioning on a daily basis. Ms. Patrick urged the Commission to negotiate a fair contract for the City of Delray Beach, the Florida Public Service Union members, and all front line workers. 6.B.14. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, commented about one of his previous jobs working with the Federal Reserve Bank in New York. Mr. Warner stated it is his understanding that City staff has vetted the bidding process and have concluded that everything was done properly. 6.B.15. Charles Peele, 710 N.W. 1St Street, Delray Beach, FL 33444, (resident for 52 years and Delray Beach employee), urged the Commission to support giving a raise to City employees and asked them to put themselves in their shoes. 6.B.16. Robert Rickets, lives on the Hungerford Canal, stated he lives in the middle of the canal so it rarely fills up to the point that it gets to his house; however, at the end of the canal it is a sea of weeds and there is not a bit of water that you can see. Mr. Rickets concurred with comments expressed by Mr. Kick regarding the safety concerns for the children and it being a drowning hazard. Also, Mr. Rickets concurred with comments expressed by Ms. Thor about the mosquitoes. He stated when weeds become so matted that water cannot circulate it stagnates and it becomes a breeding ground for mosquitoes. In addition, he commented about the odor and the over fertilization causes the weeds to die and decay. Mr. Rickets stated with the St. Lucie waterway this is an opportunity for Delray Beach to participate in a regional initiative to try to address the real source of the problem which is over fertilization and improper fertilization by agricultural industries. Mr. Rickets stated he and others have offered to help the City in any way that he can. 6.B.17. James Sessa, 614 S.W. 2nd Avenue, Delray Beach, FL 33444 (employed since 2010), stated he works hard and he has done many callouts to stop water from running for many people who wrote letters about how good he and others do their job. Mr. Sessa stated that he and his co-workers deserve a raise. 6.B.18. Johnny Thomas, General Maintenance Worker/Parks and Recreation employee, read a statement into the record regarding the workload and the raises. 6.B.19. Steven Sack, 4065-A Village Drive, Delray Beach, FL 33445, employed with the City and resident for 18 years, stated the price of everything has gone up and urged the Commission to support a pay increase for the SEIU employees. 5 09/17/13 6.B.20. Henry Henderson, Crew Leader, City of Delray Beach employee, stated his crew works as a team and they all work hard to make the city look beautiful for citizens and tourists. He urged the Commission to come to an agreement with the union and support an increase for the SEN employees. 6.B.21. Christina Churba (sp?), 17 Willowbrook Lane, Delray Beach, FL 33446 (new resident in Villages of Oriole), urged the Commission to bring down the salaries of upper management and bring up the bottom in an effort to make everyone competitive. 6.B.22. Benita Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483, expressed concern over Item 9.F. on the Regular Agenda and suggested that the City take a holistic approach to look at the whole picture of the citywide LDRs. Ms. Goldstein stated this would mean scrutinizing all the buildings approved and in the pipeline, as well as the tremendous effects from the traffic to a traffic study, and a complete understanding of the impact on the neighboring communities. Ms. Goldstein stated there is overdevelopment and feels there should be a halt to all conditional uses immediately. She urged the Commission to not support this amendment. Secondly, Ms. Goldstein supports a two-year waiting period for Commissioners. Ms. Goldstein thanked the Commission for doing a great job. 6.B.23. Alan Schlossberg, 200 MacFarlane Drive #502, Delray Beach, FL 33483, echoed comments expressed by Ms. Goldstein and he briefly expressed concern regarding the overdevelopment and building that has been going on without a comprehensive plan that includes both traffic and an environmental impact. He expressed concern over the traffic and stated there will be gridlock along Atlantic Avenue and going over the bridge. Mr. Schlossberg urged the Commission to put a moratorium on all development and to not allow development that will jeopardize the health and safety of Delray residents. 6.B.24. Cynthia Freeburn, 371 East Mallory Square Delray Beach, FL 33483, echoed comments expressed by Ms. Churba and feels there needs to be a balance and stated although she has spoken to moderating raises in the city she too feels there should be a balance and supports increases for those employees who are below midpoint and freeze the salaries for those who are above that. Secondly, Ms. Freeburn expressed concern over the beach cabana contract and feels that someone in City Hall should have told Mr. Boucher the proper way to change his address. She feels that the City should consider Mr. Boucher's bid and be sure that the City is getting for its taxpayers the best deal on the beach. Lastly, Ms. Freeburn supports the two-year waiting period to serve on a board. 6 09/17/13 At this point, the time being 7:06 p.m., the City Attorney requested that the Commission make a motion to waive the rules to allow the public speaking to continue. Mr. Jacquet moved to approve to continue the public comment, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 6.B.25. Scott Porten, Executive Vice Chair of the Delray Beach Chamber of Commerce, urged the Commission to keep Item 8.K., Unique Opportunity Alternative Incentive Agreement/Levenger Company on the Consent Agenda and give Levenger's their incentives. 6.B.26. Rose Hendrix, urged the City Manager to support raises for the SEIU employees. 6.B.27. Reggie Cox, 715 N.W. 2nd Street, Delray Beach, FL 33444, Chair of WARC and CRA Board member, speaking on behalf of his neighbors, applauded the Commission for allowing the public to speak. Mr. Cox stated he has always been an advocate of fairness for business owners, HOA's, and City workers (i.e. lowest paid). He encouraged the Commission to negotiate a fair contract with the Florida Public Service Union especially since the employees have not received a raise since 2009. 6.B.28. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, urged the Commission to have a fair and open conversation with the SEIU employees. 6.B.29. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, briefly spoke about the beach pavilion and the contract is awarded. She stated the timeline begins in November through February and noted the busy beach season starts Christmas Day and extends through late April. Ms. Morrison urged the Commission to direct the City Manager to look into changing the timeline or expedite the contract so that it is started now and completed by high season. She stated many businesses depend on high season for their livelihood. 6.B.30. Garrison Banks, 931 Palm Trail, Delray Beach, FL 33483, feels that the Commission should give raises to City employees. 6.B.31. Robin Bird, 1330 Cormorant Road, Delray Beach, FL 33444, expressed concern over the Hungerford Canal and provided a handout to the Commission. He agrees with Ms. Thor that this should be looked at long term. Mr. Bird stated the City Engineer is looking into this issue and the canal needs a study done on an annual basis. 6.B.32. Ray Hernandez, 311 Oregon Lane, Boca Raton, FL 33487, lives at the entrance of the. C-15 canal (The Hungerford), strongly opposed to the putting a 7 09/17/13 permanent barrier in the canal and distributed photos to the Commission of activities that go on there during a typical weekend. Mr. Hernandez stated the vegetation collects at the end of the canal and during the rainy season the vegetation comes in. He stated if a permanent barrier is put there it will create more problems and cause a safety issue because it will move the problem towards the opening; however, he feels the canal should be maintained by spraying it. 6.B.33. 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 Alliance), briefly spoke about the union negotiations and stated this is not about the pension. 6.B.34. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, stated she supports giving the employees raises because the cost of everything has gone UP. 6.B.35. Judy Kraig, 306 N.E. 8th Avenue, Delray Beach, FL 33483, suggested that a moratorium be placed on all conditional use is put in place until a review of the LDRs is completed and the regulations revised. She read a brief statement into the record. 6.B.36. Haskell Davis, resident of Delray Beach for 48 years and now lives in Boynton Beach; City of Delray Beach employee for 10 years, stated they work hard and do their jobs. Mr. Davis encouraged the Commission to talk to the employees and he does not want to see jobs privatized. At this point, the time being 7:26 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 42-13 (FINAL MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2014. The caption of Resolution No. 42-13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE 09/17/13 AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 42-13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated Resolution No. 42-13 proposes an operating millage rate of 7.3546 which is greater by 7.36% than the rolled back millage rate of 6.8505. The City Manager stated with the help of Commissioner Petrolia he proposes an operating millage of 7.1611; debt service millage of 0.3453 for a total millage of 7.5064. Mr. Frankel thanked the City Manager and staff for diligent work on the budget. Mr. Frankel stated with this lower proposal it will accomplish employees getting raises. In addition, Mr. Frankel stated it was wonderful that taxpayers were able to get a lower tax rate and employees receive raises. Mrs. Gray thanked the City Manager for his work on the budget; however, she expressed concern over the CIP budget and that there is only $500,000 budgeted considering the condition of some of the buildings around the city that have no air conditioning, etc. She also expressed concern over the decorative sidewalks being installed in the business district and other areas of the city when she feels there is a great need for sidewalks in the northwest/southwest neighborhood. Mrs. Gray stated staff needs to look at bringing in new revenue and suggested that the City analyze the CRA district. Mrs. Petrolia thanked the City Manager for his help with reducing the millage rate. She appreciates his hard work in getting the City to this point and she supports it. Mr. Jacquet thanked the City Manager and the Finance Director for their diligence with the budget process. In addition, Mr. Jacquet thanked Commissioner Petrolia for her assistance as well with the budget and for helping come to a millage rate that is lower than last year. Mayor Glickstein stated he too supports the current millage levy and stated he encouraged the City Manager to think about what type of processes can be implemented shortly after the new year so that some of those different ways of looking at a budgeting process are incorporated at the front end as opposed to trying to address them on the back end. Mayor Glickstein declared the public hearing open. 9 09/17/13 Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about the $2.5 million that a law firm offered to pay for the Arts Garage that the City rejected and stated this could have been in the City's cash operating budget. Joann Peart, 107 N.W. 9th Street, Delray Beach, FL 33444, stated through Citizen Observer Patrol and crime watch in her neighborhood she has worked with the Police Department for many years and noted their salaries are not competitive with the Sherriff s Department, etc. and we are in danger of losing police. She stated if you lose the police it takes more money to get new people and retrain them. Secondly, Mrs. Peart stated with regard to the budget Delray has cut for the last six years and feels the City needs to be careful. She supports the Police Department getting raises. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, briefly commented about the budget. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C", Delray Beach, FL 33483, applauds the final outcome of the budget and wholeheartedly supports the decision. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated there are thousands of properties off the tax roll and owned by the City. Also, Ms. Morrison stated all taxing authorities (i.e. City, CRA, DDA, and the DBMC) are all charging taxes and she feels this could be streamlined to help save those tax dollars. Ms. Morrison applauded Commissioner Petrolia for her efforts with the budget. There being no one else from the public who wished to address the Commission regarding Resolution No. 42-13, the public hearing was closed. The City Attorney stated Resolution No. 42-13 would be amended to reflect a 7.1611 operating millage rate which is a 4.53% increase above the rolled back rate of 6.8505 which equates to a total millage rate of 7.5064. Mr. Frankel moved to approve Resolution No. 42-13 to reflect a 7.1611 operating millage rate which is a 4.53% increase above the rolled back rate of 6.8505 which equates to a total millage rate of 7.5064 as amended, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 43-13 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2014. lull 09/17/13 The caption of Resolution No. 43-13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 43-13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated Resolution No. 43-13 levies a tax on all properties within the Downtown Development Authority (DDA) Taxing District of the City of Delray Beach. The DDA millage rate for fiscal year 2014 is 1.0000 which is 4.66% above the rolled back rate of 0.9555. Mrs. Gray asked why the City did not go with the rollback rate. The City Manager stated the Commission does not have the discretion to lower the millage and only the DDA Board can reduce the millage rate to the rolled back rate. The City Attorney stated he has to look into this tentatively as to whether or not this Commission can lower the DDA millage if they so desire. Mr. Boyd stated it is his understanding that this has to be approved this evening and noted that in the financial statements it states that the DDA has the authority to lower the rate and according to the State this has to be approved this evening. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 42-13, the public hearing was closed. After brief discussion, Mrs. Gray and Mr. Jacquet agreed to look into this for next year if it is going to create any uncertainty. Mr. Frankel moved to approve Resolution No. 43-13 (Final Millage Levy for the DDA for fiscal year 2014), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 11 09/17/13 10.C. RESOLUTION NO. 44-13 BUDGET ADOPTION FOR FY 2014): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2013 through September 30, 2014. The caption of Resolution No. 44-13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2013, TO THE 30th DAY OF SEPTEMBER, 2014; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION. TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 44-13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 44-13, the public hearing was closed. Mrs. Petrolia inquired about the funding for the CIP. Randal Krejcarek, City Engineer, stated the Capital Fund is made up of multiple funding sources and clarified that Mrs. Petrolia is speaking about the General Fund source (334). Mr. Krejcarek stated the revenue sources for that fund come from several different areas; the major source is from the CRA, a small source from grants, $500,000 transfer from the General Fund, and an anticipated surplus from the current year that will be rolled over into next year ($1.5 million). Mr. Frankel stated the Community Center really needs an upgrade because it is used by so many people on a daily basis including weekends. The City Manager stated it is not budgeted for the next fiscal year but it is on the radar. 12 09/17/13 Mayor Glickstein commented about the issue of auditing the public facilities to see where we are and stated regarding the spending policies of the Commission for the next fiscal year, it is going to be difficult if there is not a good understanding of what the Commission is looking at to bring up these facilities to where they should be. Mayor Glickstein stated he understands that certain things are not in this fiscal year's budget; however, the audit of the City facilities needs to happen before any coherent policy discussion on spending. The City Manager stated there was discussion regarding this in the Goal Setting session. Mayor Glickstein stated it is incumbent upon the City Manager to identify revenue sources beyond increased property taxes because the cost of doing business is going up. Mrs. Gray moved to approve the amended budget (Resolution No. 44-13) to reflect the adopted millage rate of 7.5064, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan for FY 2013-14 through FY 2017-18 and FY 2014 Capital Improvement Budget are consistent with the Comprehensive Plan. Paul Dorling, AICP, Director of Planning and Zoning, stated this was reviewed by the Planning and Zoning Board and made a finding that is consistent with the Comprehensive Plan. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan. Mrs. Gray commented about the sidewalks. Mr. Randal stated the sidewalks that the City does on an annual basis is through the CDBG grant money in the target area. Mr. Krejcarek stated this year the CRA has also put in an additional $50,000 for sidewalks within their district which expands that target area. He stated the City's goal is to at least put sidewalks on one side of the street and concentrate on blocks that are fully developed. Mrs. Gray expressed concerned that the lack of sidewalks is a safety issue especially in the Southwest neighborhood. Mayor Glickstein inquired about whether or not the City has an Atlas or map designating areas that sidewalks are needed where there is not contemplated infrastructure changes. Mr. Krejcarek stated staff looks at the map and goes through a process on an annual basis. He stated this is the first year that the CRA has contributed additional dollars in the CIP for sidewalks. 13 09/17/13 Mrs. Gray stated she feels the City should be working with the CRA not the other way around. Mrs. Gray stated more and more people are walking and biking and noted she has expressed concern over the lack of sidewalks for several years especially in the Southwest section. Mr. Krejcarek stated for the last 4-5 years the sidewalk program was based on how much money the City receive from CDBG because it is 100% funded from a grant. Mr. Krejcarek stated there has not been General Fund money budgeted in the last few years and the City has solely fallen back on the grants as a source of funding. Mr. Jacquet commented about the alleys in the Osceola Park neighborhood. Mr. Krejcarek stated several years ago the Osceola Park neighborhood wanted improvements and the City put together a neighborhood improvement plan that included water main upgrades, drainage, traffic calming, sidewalks, and alley paving. He stated as part of the plan it was going to be funded one-third by the City, one-third by the CRA, and one-third was going to be assessed. Mr. Krejcarek stated the residents expressed concern that they did not want to pay the one-third. He stated since then the water main upgrades and the drainage improvements have been completed. Mr. Krejcarek stated the CRA has committed to pave three alleys and the construction contract has been awarded for the first three alleys and currently in design for the second three alleys (south of S.E. 4d' Street) in Osceola Park and there is a separate project (S.E. 2nd Street) which includes two alleys. Mr. Frankel moved to approve the Five Year Capital Improvement Plan, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 19-13: Consider a city -initiated amendment to the Land Development Regulations (LDR) Section 2.2.4, 'Board of Adjustment", Subsection B, "Composition", to modify the board member requirements for the Board of Adjustment. The caption of Ordinance No. 19-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION B, "COMPOSITION", TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE BOARD OF ADJUSTMENT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 14 09/17/13 (The official copy of Ordinance No. 19-13 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to the LDRs which requires three of the five members of the Board of Adjustment be picked from the six professional categories as listed in the agenda backup. At its meeting of August 19, 2013, the Planning and Zoning .Department voted 6 to 1 (Durden dissenting) to recommend approval; at its meeting of September 3, 2013, the City Commission recommended approval. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 19-13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 19-13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 20-13: Consider a city -initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board", Subsection C, "Composition", to modify the Board member requirements. The caption of Ordinance No. 20-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.2, "THE PLANNING AND ZONING BOARD", SUBSECTION C, "COMPOSITION", TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE PLANNING AND ZONING BOARD, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 15 09/17/13 (The official copy of Ordinance No. 20-13 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment and originally this request came before the City Commission at first reading with a requirement for five (5) of the seven (7) members of the Planning and Zoning Board to be from the eight professional group categories as listed in the agenda backup. At its meeting of August 19, 2013, the Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 4 to 3 (Spodak, Lynch, and Shutt dissenting) to recommend approval of a modified version of the ordinance that would limit the two (2) at large positions to lay persons that are not filled with any of the above professional categories. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 20-13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No. Said motion was passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.F. ORDINANCE NO. 21-13: Consider a city -initiated amendment to Land Development Regulations (LDR), by amending Article 8.1, "The Community Redevelopment Agency", Section 8.1.1, "Community Redevelopment Agency", Subsection (B), "Members", to provide that the appointments for Chair and Vice -Chair shall occur on an annual basis. The caption of Ordinance No. 21-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 8.1, "THE COMMUNITY REDEVELOPMENT AGENCY, SECTION 8.1.1, "COMMUNITY REDEVELOPMENT AGENCY", 16 09/17/13 SUBSECTION (B), "MEMBERS", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-13 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to require that the Chair and Vice Chair of the Community Redevelopment Agency (CRA) be appointed on an annual basis and it would allow someone to repeat in that position but they would have to be appointed on an annual basis. At its meeting of August 19, 2013, the Planning and Zoning Board considered this ordinance and voted 7 to 0 to recommend approval; at its meeting of September 3, 2013, the City Commission considered this ordinance and recommended approval on first reading. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-13, the public hearing was closed. Mrs. Petrolia moved to adopt Ordinance No. 21-13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 22-13: Consider an amendment to Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City", Subsection (A), "Participant's Contribution Account", to clarify when contributions shall cease. The caption of Ordinance No. 22-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, `EMPLOYEE POLICIES AND BENEFITS", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION 17 09/17/13 ACCOUNT", TO CLARIFY WHEN CONTRIBUTIONS SHALL CEASE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-13 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. Mr. David Boyd, Finance Director, stated this item is necessary because in the past up through September 1999 once a General Employee reached 30 years of service their contributions to the pension plan ceased. In September 1999, Mr. Boyd stated the City Commission at that time voted to cease General Employee contributions to the pension plan because the market had done so well it was no longer needed. He stated when the Commission eliminated the employee contributions to the plan they also eliminated this provision that stopped contributions after 30 years of service. In 2003, when the Commission reinstated the General Employee contributions to the plan they failed to include the 30 year ending provision. Therefore, Mr. Boyd stated there are five (5) employees and the total refund amount for all 5 employees is just under $11,000.00. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-13, the public hearing was closed. Mr. Jacquet asked if the City's cost commented that this stops employee contribution at 30 years. Mr. Boyd stated there is a total contribution to the plan every year and it is made up of earnings on the plan, the portion that the City contributes to the plan, and also the portion that the employees contribute to the plan. He stated if the City passes this ordinance and the City starts picking that portion up it will be an extra $9,000 in 2014. Mr. Boyd stated in the Police and Fire Pension Plan the contributions stop after 25 years. The City Manager stated this deserves clarity and it was an unintentional omission. Mr. Boyd stated the reason 30 years was chosen is because that is the longest period of time you can earn towards the pension so it would be 30 years times the multiplier. He explained beyond 30 years an employee did not earn additional benefits so the multiplier stopped and the multiplier still stops at 30 years. Mr. Frankel agrees with the City Manager's recommendation and does not feel the City should get the money from the employees. 09/17/13 Karen Schell, Pension Administrator, stated the total maximum amount the City would pay to the five (5) individuals is $11,000. Mr. Frankel moved to adopt Ordinance No. 22-13 on Second and FINAL Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 23-13: Consider an amendment to Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", Subsection (C), "Action by Committee", Subsection (G) "[Actuary's Responsibilities]", to allow the Retirement Committee to contract directly with the Actuary. The caption of Ordinance No. 23-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE", SUBSECTION (C), "ACTION BY COMMITTEE", SUBSECTION (G) "[ACTUARY'S RESPONSIBILITIES]", TO ALLOW THE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-13 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. The City Attorney stated the Committee requested that this change be brought forth to allow them to contract directly with the Actuary. Mr. Jacquet asked why this was left out of the ordinance. The City Attorney stated in conversations with Mr. Linn, Pension Attorney, he did not have a reason why this ordinance was set up the way it was. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-13, the public hearing was closed. 19 09/17/13 Mr. Frankel moved to approve Ordinance No. 23-13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. 10.I. ORDINANCE NO. 25-13: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increased residential and commercial collection service rates for FY 2014. The caption of Ordinance No. 25-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-13 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. Lisa Hartman, Utilities Financial Manager, stated this ordinance amends the current residential and commercial garbage rates and incorporates an approximate increase of .86% for the CPI and a 0% increase for the fuel surcharge. Ms. Hartman stated this rate increase would go into effect October 1, 2013 and is in conjunction with the City's current Waste Management Contract. Mayor Glickstein declared the public hearing open. Philip Wotten, 707 S.E. 4th Avenue, Delray Beach, FL 33483 (homeowner since 1997), stated years ago the vegetation pickup was on Wednesdays and Saturdays and now the vegetation pickup is only on Saturdays. Mr. Wotten requested that the vegetation pickup be in the beginning of the week so that people who are off on the weekends (Saturday and Sunday) can put their vegetation out. 20 09/17/13 Mrs. Petrolia inquired about the reserve accounts for the cart fee. The City Manager stated there is $3.5 million in the Sanitation Fund. Mr. Boyd stated according to the audited financial statements at the end of fiscal year 2012 the Sanitation Fund has a $3.7 million unrestricted net assets and explained that he has no way of knowing what part of that is for the cart fee. Mrs. Petrolia stated not everyone pays for the cart fee and noted that is a specific item for one group. Mr. Boyd reiterated that in the financial statements it is presented as one number and there is nothing broken out as committed to cart fees. Mrs. Petrolia recommends that the City discontinue the cart fee of $.90 (per monthly charge) until such a time the City needs it for replacement carts. Lula Butler, Director of Community Improvement, stated the $.90 per resident was initiated in 1996 when the City decided to employ City initiated carts. At that time, the City Commission wanted to ensure that there was sufficient money to purchase all the carts that were necessary and to have a reserved account going forward. Mrs. Butler stated people do not pay for those carts and the City is advancing the monies upfront and when they need a replacement cart they are not charged. At that time, the Commission also decided that since the City outsourced the garbage to private industry that if the Commission ever wanted to go back and bring the garbage back in-house, they needed to have a reserve and noted it comes from different sources. Mrs. Gray stated she is okay with the $.90 monthly fee because she feels the City has to have a reserve especially with the hurricanes in Florida. Mrs. Butler stated prior to 1996 you paid $53.00 for the cart and if a resident needed a replacement cart a resident was charged $2.50 per month. She stated for anyone under AGAR which is the single family resident curbside (cart) services the cost is $10.80 per year. Mrs. Butler stated the garbage cans last approximately 5-7 years. The City Manager stated staff will do more analysis regarding the cart fee before eliminating the fee at this point and staff will come back to the Commission with a recommendation. Mrs. Petrolia stated when this goes back to Commission she also suggested that the franchise fees are reviewed as well. Clifford Durden, 702 Chatelaine Boulevard East, Delray Beach, FL 33445, asked how often the contract is made with Waste Management. Mayor Glickstein stated the City is in the contract until 2021 with five (5) year renewals. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C", Delray Beach, FL 33483,115-C Venetian Drive, Delray Beach, FL 33483, strongly disagrees with the City charging a $.90 cart fee and in his opinion using it for something else such as debris removal in the event of a hurricane is being dishonest to the public. 21 09/17/13 There being no one else from the public who wished to address the Commission regarding Ordinance No. 25-13, the public hearing was closed. Mrs. Petrolia moved to adopt Ordinance No. 25-13 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. 7. AGENDA APPROVAL. Mr. Jacquet requested that Item 8.I., Contract Closeout/Great Lakes Dredge and Dock Company of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 9.J., Service Authorization No. 12-04.1/Caulfield & Wheeler, Inc. as Item 9.11.11. Mayor Glickstein moved to approve the Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL/101 SEABREEZE AVENUE: Approve an agreement to defer installing a sidewalk along Seabreeze Avenue for the property located at 101 Seabreeze Avenue. 8.13. REQUEST FOR A SIDEWALK DEFERRAL/110 SEABREEZE AVENUE: Approve an agreement to defer installing a sidewalk along Seabreeze Avenue for the property located at 110 Seabreeze Avenue. 8.C. REQUEST FOR A SIDEWALK DEFERRAL/622 SEASAGE DRIVE: Approve an agreement to defer installing a sidewalk along Seasage Drive for the property located at 622 Seasage Drive. 8.D. REQUEST FOR A SIDEWALK DEFERRAL/LUKE LANE LOT 2: Approve an agreement to defer installing a sidewalk in front of the property located at Luke Lane Lot 2 (1124 Luke Lane) within the North Beach Overlay District. S.E. REQUEST FOR A SIDEWALK DEFERRAL/150 N.W. 15TH STREET: Approve an agreement to defer installing a sidewalk for the property located at 150 N.W. 15th Street for a proposed single family residence. 8.F. REQUEST FOR A SIDEWALK DEFERRAL/211 N.W. 16' STREET: Approve an agreement to defer installing a sidewalk in front of the property located at 211 N.W. 16th Street for a proposed single family residence. 22 09/17/13 8.G. HOLD HARMLESS AGREEMENT/620 NORTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Rabih J. Boueri to install and construct utilities in the right-of-way of the State of Florida for the property located at 620 North Ocean Boulevard. 8.H. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/ROSSO SITE DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. 1/Final) in the amount of $30,867.34 decrease and final payment in the amount of $7,206.86 to Rosso Site Development, Inc., for completion of the Block 19 & 20 Alley Improvements Project. Funding is available from 334-3162-541-68.56 (General Construction Fund: Other Improvement/Block 19 & 20 Alley Improvements) and 448- 5461-538-68.56 (Storm Water Utility Fund: Other Improvement/Block 19 & 20 Alley Improvement). 8.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.B.B. 8.K. UNIQUE OPPORTUNITY ALTERNATIVE INCENTIVE AGREEMENT/LEVENGER COMPANY: Approve a Unique Opportunity Alternative Incentive Agreement with Levenger Company, for the retention of corporate headquarters office with 49 existing jobs and 10 jobs to be created in Delray Beach office space on the Delray Beach Innovation Corridor, with a maximum three-year grant of $30,000.00. 8.L. RENEWAL OF INSURANCE POLICY/ FLORIDA MUNICIPAL INSURANCE TRUST (FMIT): Approve renewal of the City's insurance policy and payment of the premium to Florida Municipal Insurance Trust (FMIT) in the amount of $1,546,713.00 for liability insurance, property damage insurance and workers' compensation insurance. Funding is available from 551-1575-591-45.11 (Insurance Fund: Insurance/General Liability Premium). 8.M. EXTENSION OF A MAINTENANCE AND SUPPORT AGREEMENT WITH MOTOROLA, INC.: Approve an extension to the Maintenance and Support Agreement between the City and Motorola, Inc. in the amount of $120,016.44 for maintenance and support for all of dispatch with the exception of the law enforcement officers' portable radios. Funding is available from 001-2111-521-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). 8.N. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/TENNIS CENTER SPONSORSHIP: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas for FY 13-14. 23 09/17/13 8.0. PROCLAMATIONS: 1. Attendance Awareness Month — September 2013 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 2, 2013 through September 13, 2013. 8k.. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Special Products Group (SPG) in the annual estimated amount of $64,350.00 for uniform procurement for Fire - Rescue Department personnel. Funding is available from 001- 2315-526-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service), 001-2311-522-52.22 (General Funds: Operating Supplies/Uniforms/Linen Service) 001-2313- 522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2317-522-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CONTRACT CLOSEOUT/GREAT LAKES DREDGE AND DOCK COMPANY: Approve Contract Closeout in the amount of $789,933.70 decrease and final payment in the amount of $8,030,176.30 to Great Lakes Dredge and Dock Company, in association with the 2013 Beach Renourishment Project. Funding is reimbursable from Federal, State and County funding sources. Mr. Jacquet stated the beach is valuable and feels the City needs to maintain it. However, Mr. Jacquet asked if the City has looked into creative engineering or other options instead of bringing sand in and letting the storms take it and then bringing more sand. Mr. Dorling stated the City has not looked at alternatives and it has been determined in the past that the way it is done today is the most efficient way to protect the shoreline. Mr. Dorling stated with all of these projects there is a benefit cost ratio analysis that has to be done and the Federal and State does not cover that which is subject to appropriation. Mr. Jacquet requested that staff come back with a report as far as what is out there and what people are doing besides just bringing in sand. Mayor Glickstein stated this is not solvable by staff but it is an eastern and Gulf Seaboard issue that involves state and national agencies that have jurisdiction within the water in terms of alternative measures. 24 09/17/13 Mr. Jacquet clarified that he does not want staff to solve the problem but would like them to reach out to other areas to fmd out what is out there. Mayor Glickstein stated there is a coastal coalition (BPOA is a member) that runs through Palm Beach County and Martin County. Mayor Glickstein stated this is good discussion for a Workshop for both the Commission and the public. Mr. Jacquet moved to approve Item 9.A.A. (formerly Item 8.I.), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.13.11. SERVICE AUTHORIZATION NO. 12-04.1/ CAULFIELD & WHEELER, INC.: Approve Service Authorization No. 12-04.1 with Caulfield & Wheeler, Inc., for an additional amount of $7,515.00 for topographic route surveys for sidewalks at the South Swinton — S.W./S.E. 1s' Street Signal Project. Funding is available from 334-3162-541.31-30 (General Construction Fund: Professional Services/Engineering/Architectural). Mr. Jacquet asked for clarification on the actual location and streets. For clarification, Victor Majtenyi, Interim Environmental Services Director, stated this item adds S.W. 4th Street and South Swinton Avenue. Mr. Jacquet moved to approve Item 9.13.13. (formerly Item 8.1), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein stated a property his company formerly owned and sold several years ago is on the Agenda tonight. Therefore, Mayor Glickstein stated with regard to Item 9.A. & Item 9.A.1. Vice Mayor Jacquet will conduct that portion of the meeting and Mayor Glickstein stated he will be abstaining from discussion and voting. For the record, Mayor Glickstein stated neither he, nor any officer, director, or employee of his company had any prior or subsequent affiliation with the previous or current owners. 9.A. CONDITIONAL USE REQUEST/THE STRAND: Consider a conditional use request to allow residential density in excess of 30 dwelling units per acre (63 du/acre proposed) on property located on the north and south side of S.E. 1" Street, between S.E. 3rd Avenue and the FEC Railroad in the Central Business District (CBD), pursuant to Land Development Regulations (LDR) Section 4.4.13(D)(12), "Conditional Uses and Structures Allowed", for The Strand, a proposed 198 -unit residential development. (Quasi- Judicial Hearing) 25 09/17/13 Vice Mayor Jacquet read the City of Delray Beach Quasi -Judicial rules into the record for this item and all subsequent Quasi -Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Vice Mayor Jacquet asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the applicant, Mr. Jim Knight, received and responded to an email from Ms. Gail Lee McDermott, and received an email this afternoon from Mr. McMurrain who requested extra time. Mrs. Gray stated she heard from the applicant and Mr. Jim Knight. Mrs. Petrolia stated she spoke with the applicant, Mr. McMurrain, and received emails and believes one was from Gail Lee McDermott and another one from Mr. McMurrain. Vice Mayor Jacquet stated he had conversations with the applicant and the applicant's representative Mr. Jim Knight. Paul Dorling, AICP, Director of Planning and Zoning, stated the applicant requests to be awarded 15 minutes to present. Mr. Dorling stated if the applicant is awarded 15 minutes he too requests 15 minutes as well. It was the consensus of the Commission that both parties receive 15 minutes to present. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013-183 into the record. Mr. Dorling stated this is a conditional use request to allow a residential density in excess of 30 dwelling units per acre (63 du/acre proposed) on property located on the north and south side of S.E. lst Street, between S.E. 3rd Avenue and the FEC Railroad in the Central Business District (CBD). This development proposal consists of the construction of two buildings; a South Building with a four-story of residential units containing 155 units; and a North Building with three levels of residential units containing 43 units. Mr. Dorling stated each of these stories is on one level of parking. He stated there is also an amenity deck on the second floor of the larger building on the south and the fourth floor of the building for the north building. The unit mix includes 46 efficiencies, 99 one -bedroom units, 24 one -bedroom plus den units and 29 two-bedroom units. This proposal also includes a waiver to LDR Section 4.7.9(c)(i) which required that the total number of one -bedroom units in any qualifying project not exceed 30% of the total number of units in the project. The applicant proposes to provide 51% of the units in one -bedroom. Staff does not support the request as they feel the project is inconsistent with the Comprehensive Plan; in particular Land Use Elements Objective A-1, Land Use Element Policy C-3.2, Housing Element Policy B-2.2 and it does not meet the criteria set forth in LDR Section 2.4.5(E)(5) nor the required findings in LDR Section 4.4.13(1) (Performance Standards) nor some of the required findings in LDR Section 3.1.1. At the meeting of June 28, 2013, the Community Redevelopment Agency (CRA) reviewed this item and recommended approval; however, the CRA commented that the commercial uses should be included on the ground floor particularly in the north 26 09/17/13 building given its proximity to Atlantic Avenue. At its meeting of July 8, 2013, the Downtown Development Authority (DDA) recommended approval but had a condition that the number of residential units be reduced so that the current parking shortage can be eliminated. At its meeting of August 19, 2013, the Planning and Zoning Board recommended approval with a 6 to 1 vote. Since the Planning and Zoning Board meeting, the applicant has submitted revised plans to address staff s concerns which are outlined in Exhibit "A" in the agenda backup. Mr. Dorling stated staff believes that the required findings have not been met therefore staff recommends denial of the conditional use request. Gary Eliopoulos, Eliopoulos Architecture, 205 George Bush Boulevard, Delray Beach, FL 33444, gave a brief presentation regarding the proposed Strand project and noted that Tom McMurrain with Ocean Properties is the developer. Vice Mayor Jacquet state if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483 (Commercial Realtor), worked on the original 5 Avenue Delray property which still has vacant commercial space where the traffic count is over 45,000 cars a day. She stated there will be no commercial space visible from Atlantic Avenue. She stated the only commercial space that will be left along 4th would be back at the intersection on 2nd Street. Ms. Morrison urged the Commission to support the waiver and this will be a gateway and for the Osceola Park neighborhood. Charlie Bonfield, 220 MacFarlane Drive, Delray Beach, FL 33483 (President of S.A.F.E.), stated this project is within walking distance of the downtown. Mr. Bonfield briefly explained the elements of the project that are going to be beneficial for Delray Beach. He urged the Commission to approve the conditional use request. Lisa Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, stated this area has been left vacant and there has been crime because there has been no development. She stated the valets speed in this area and this is an issue. Ms. Quillian stated the applicant has offered to install speed humps. She stated the applicant will be putting in landscaping and they do not mind losing parking spaces because of that. She stated they will be adding a camera on the south side of the south building that will serve as their security camera and they have added a recording feature. Ms. Quillian stated 8 foot sidewalks are not needed unless there is a cafe there. Albert Jerome, 229 S.E. 2nd Avenue, Delray Beach, FL 33483 (owner of a grocery store on 2n Avenue), supports the project and distributed a petition to the Commission. Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL 33483, read a brief statement into the record and supports the project. He feels the project will help to alleviate some of the crime in the area. 27 09/17/13 James Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, feels the mix is great for this site and the project will help alleviate problems with crime because of the lighting. Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, stated staff pointed out that the project does not meet the requirements for the ratios for the one bedroom and efficiencies and she feels there is a reason that the City has the LDRs and percentages. Ms. Willis stated this is a project that she would support conditional use but suggested that 84% of the one -bedrooms and efficiencies be knocked down to make them closer to the ratios that way they meet the parking requirements and put in a little bit of retail. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, supports the project and stated he would like to see some of this project be workforce housing. Mr. Ganger stated the Atlantic Crossing should be totally different from this project; owner occupied, Class "A" office, and should not be massive because it is right in the center of Delray. Jim Knight, 10 S.E.Vt Avenue, Delray Beach, FL 33444, stated this will give an opportunity to those people who have retail off Atlantic Avenue for 20 or more years to be able to benefit from the growth. Mr. Knight stated this is an important connection from the Osceola Park neighborhood and urged the Commission to move this project forward. Joe White, 111 S.E. 15t, Delray Beach, FL, stated one of the ways to reward people who work for the city and the best way to do that is to raise the tax base. Mr. White stated he has walked the four blocks in the evening to see what the property is like at night and there is noise. He stated with regard to the mix of units, Mr. White stated this is a place for young single people for the most part if you are right on the railroad tracks. There being no one else from the public who wished to address the Commission regarding the conditional use request, Vice Mayor Jacquet declared the public hearing closed. Mr. Dorling stated staff does not believe this project meets the key required findings and therefore recommend denial of the conditional use request. He stated there is a comparison of a prior project that was approved onsite and while it may have the same one -bedroom mix it was about 70% of the current units and included a mixed-use component of about 21,000 square feet of retail, over 5,000 square feet of office, and a 3,000 square foot restaurant. Mr. Dorling stated density is not the main concern but it is the unit mix. Mr. Dorling stated if this project is approved he believes other developers with use this as a new standard and will expect similar approvals. Alan Ciklin, Attorney representing the applicant, stated in order to get a quality developer on the railroad tracks to do a quality project certain parameters have 28 09/17/13 to be met; density is one and unit mix is another. Mr. Ciklin stated this project is going to attract young professionals and the developer wants and knows what it will take for this project to succeed. He stated they meet the parking requirements, the transparency requirement is for commercial non-residential developments, and the one -bedroom mix should be left up to the developer and the project will be great and what everyone who spoke this evening wants. Mrs. Gray stated Worthing Place had an issue with the number of units and at that time the City wanted more families to live in the downtown and at that time the Commission approved more of the 2 and 3 bedrooms instead of the 1 and 2 bedrooms. Mrs. Gray stated she has attended many Chamber of Commerce Economic Development meetings where there are discussions about how they are going to attract more professionals to the core downtown. She stated part of that is creating high paying jobs and with the young professionals wanting to live, work, play and raise families (in some of the surrounding units) here. She commented about the Master Plan which had a marketing component to it which called for 3,000 rental units and for sale units so that the downtown could be sustainable and to date the City has reached approximately 900 units for sale and 270 units for rental and 875 that may be in the pipeline. Mrs. Gray stated once a study is done it should be implemented. She expressed concern over the parking and asked how the parking issue can be satisfied. Mr. Dorling stated the parking has not been satisfied as it relates to the LDRs; however, in the LDRs it allows you to provide traffic studies which would support a reduction in the parking demand. He stated the applicant has submitted documentation that would support the number of parking spaces that they are providing which is less than the LDRs require and pending the approval of that by SPRAB the applicant has not met the parking requirement of the LDR. Mrs. Gray inquired about the 8 foot sidewalk. Mr. Dorling stated it is required within proximity to Atlantic Avenue. The City has asked the developers to provide it and many of those have asked for similar relief, some have been granted and some have not. Mrs. Gray stated with regard to the commercial piece she does not support the retail space; however, she supports the window space. Mr. Frankel asked what the architect is doing proactively if this is approved to help address the concerns of the residents of Worthing Place that are upset with the noise from the downtown with the railroad and music at night. In response, Mr. Eliopoulos stated it will be in the construction plan and stated they will use insulated impact glass to help minimize the noise and he briefly explained the overall design. Mr. Frankel concurs with comments expressed by Mrs. Petrolia. Mrs. Petrolia stated she does not question the quality of the builder and the company, nor the need to build in this area or Mr. Eliopoulos' great presentation; however, Mrs. Petrolia stated there are too many things that do not meet the City's LDRs and does not feel that this is the right project for this area. Mrs. Petrolia stated she feels that something like this could be developed but to scale it back a few steps. 29 09/17/13 Vice Mayor Jacquet stated he too shares the same concerns as Mrs. Petrolia. With regard to the unit mix, Vice Mayor Jacquet stated some families do use the two and three bedrooms but it is rare that you will find a family in a single bedroom. He stated this property has been vacant for so long and it needs the development. Vice Mayor Jacquet stated the unique mix of one and two bedrooms does not fit in to what we have but because they are on the railroad tracks it makes a huge difference. Vice Mayor Jacquet stated even though he does not like the disproportionate number of single units but because of where it is situated he supports it. He stated he also likes the idea of the security camera on that street and feels this is a unique opportunity for that area. 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 approving the conditional use request for The Strand subject to conditions, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mrs. Petrolia — No. Said motion passed with a 3 to 1 vote, Mrs. Petrolia dissenting. 9.A.1. WAIVER REQUEST/THE STRAND: Consider a waiver request to Land Development Regulations (LDR) Section 4.7.9(C)(i), to allow an increase in the percentage of one bedroom units over the maximum of 30% allowed (51% proposed) associated with The Strand, a 198 -unit residential development located on the west side of S.E. 3rd Avenue, between S.E. 1St Street and S.E. 2nd Street. (Quasi -Judicial Hearing) The Commission noted that their ex parte communications are the same as what they disclosed for Item 9.A.1. The City Attorney stated the waiver is to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units (including efficiencies) from the maximum allowed of 30% to the proposed 51% (100 one bedroom units of 198 total units). Mrs. Gray moved to adopt the Board Order approving the waiver request for The Strand, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting. At this point, the time being 10:37 p.m., Mayor Glickstein returned to the dais and announced the Commission will take a two minute break. At this point, the time being 10:41 p.m., the Commission reconvened and moved to Item 9.B. 9.B. DISCUSSION REGARDING A TWO YEAR WAITING PERIOD 30 09/17/13 FOR FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR APPOINTMENT TO CITY BOARDS The City Attorney recommends modifying the ordinance to provide for the two year waiting period. In addition, the City Attorney stated the City Clerk did a survey of other cities in Palm Beach County are doing. Chevelle D. Nubin, MMC, City Clerk, stated ten cities replied and the Village of Palm Springs has something in their Charter that has a one-year waiting period for their elected officials once they are done with office. Mr. Jacquet stated he supports the one-year waiting period. Mrs. Petrolia states she too supports the one-year waiting period. Mrs. Gray stated she does not support any waiting period. Mr. Frankel commented about why Palm Beach County created this rule. Mr. Frankel stated he believes this is politically motivated and he does not support any waiting period. Mayor Glickstein stated it is not good practice to have elected officials roll off of a City Commission onto an advisory board because there is a perception of influence. Mayor Glickstein stated there needs to be a period when someone comes off the dais until they serve on an advisory board and he supports the one-year waiting period. Mayor Glickstein stated he does not believe this is politically motivated but cares about the ethics that Delray Beach is projecting. After brief discussion, it was the consensus of the Commission to direct the City Attorney to bring an ordinance back for the one (1) year waiting period for all advisory boards made by appointments by this Commission. 9.C. RESOLUTION NO. 41-13: Consider approval of Resolution No. 41-13; adopt a policy governing the reasonable opportunity to be heard on a proposition before the City Commission or any City Board or Committee, in accordance with Florida Statutes Section 286.0114. The caption of Resolution No. 41-13 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH, ADOPTING A POLICY GOVERNING THE REASONABLE OPPORTUNITY TO BE HEARD ON A PROPOSITION BEFORE THE CITY COMMISSION OR ANY CITY BOARD OR COMMITTEE, IN ACCORDANCE WITH SECTION 286.0114, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. 31 09/17/13 (The official copy of Resolution No. 41-13 is on file in the City Clerk's office.) The City Attorney stated this resolution adopts the portion of the State Statute that states the City is going to provide reasonable opportunities for people to speak and will allow the City to provide rules to other boards that will ensure them to allow the public has the right to speak as well. Mr. Frankel moved to approve Resolution No. 41-13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. For clarification, the City Attorney stated if the City were to amend some of the rules then this would come back to the Commission for approval. At this point, the time being 11:00 p.m., the Commission moved back to Item 9.1). of the Regular Agenda. 9.1). AMENDMENT TO THE CONTRACT SERVICE ARRANGEMENT AGREEMENT WSAVAT&T FLORIDA: Approve an amendment to extend the current Contract Service Arrangement (CSA) agreement with AT&T Florida at a cost of $110,754.72 annually for Centrex Service Business lines, one (1) MegaLink Circuit and three (3) Primary Rate Integrated Digital Service Network (ISDN's). Funding is available from various departments. Robert A. Barcinski, Assistant City Manager, stated staff is requesting for the Commission to approve an amendment to extend the current service arrangement for three (3) years and that provides Centrex Service Business lines, one (1) MegaLink Circuit and three (3) Primary Rate Integrated Digital Service Network (ISDN's) for a cost of $110,754.72 annually. This service provides for 797 telecommunications lines for 38 locations throughout the City including the Delray Beach Center for the Arts. Mr. Barcinski stated staff has looked at what the State contract would cost the City for the same coverage and it would be $32,000 a year more than what the City is now paying. Staff recommends approval of the extension for three (3) years. .Mr. Frankel moved to approve the amendment to the Contract Service Arrangement Agreement with AT&T Florida at a cost of $110,754.72 annually, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve to extend the meeting past 11:00 p.m., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mi. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. 32 09/17/13 9.E. INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS/PINEAPPLE GROVE WAY: Consider approval to initiate an amendment to the Land Development Regulations (LDR) Section 4.4.13(H)(1), "Special Regulations", prohibiting ground floor office uses for specific areas along Pineapple Grove Way. Paul Dorling, AICP, Director of Planning and Zoning, stated this was a request from the Pineapple Grove Arts District Board of Directors to have the City Commission initiate an LDR change that would restrict office uses on the ground floor of structures in certain sections along Pineapple Grove Way (a/k/a N.E. 2nd Avenue). Mr. Dorling stated for the first two blocks the request would not allow office uses on the ground floor; the third block (between 2nd and 3rd) would allow up to 30% of the uses in office. He stated this is similar to restrictions that now exist on Atlantic Avenue and staff recommends initiation at this time. Mr. Dorling stated if the Commission decides to initiate it then it would have to go before the Pineapple Main Street Committee, the Downtown Development Authority (DDA), the Community Redevelopment Agency (CRA), to the Planning and Zoning Board for recommendations and then return to the City Commission for final action. Mrs. Petrolia asked how many offices are there on the ground floor and what happens to them. Mr. Dorling stated they would be considered non -conforming and they would be grandfathered in. Mr. Dorling stated once that tenant left then it would have to meet code and it would not be allowed. He stated there is an exception that is being proposed if there is a certain distance from the street. Mr. Frankel stated he is against the proposal. Mrs. Gray stated she would like to wait until the CRA completes the study with Treasure Coast Regional Planning Council. She stated she would like to carve out the first block up to N.E. lst Mr. Dorling clarified that this would just be fronting on 2nd and this does not include the Chamber piece. Also, Mr. Dorling stated the study that Treasure Coast would be doing would not be addressing this particular issue. Mr. Dorling stated the Arts garage has the entire ground floor including the corner that wraps around onto 2nd and noted where the puppetry display is located would be affected. Mr. Dorling reiterated that if the piece the Chamber has goes all the way to the end and has windows on 2nd (Pineapple Grove Way) then it would be affected. Mrs. Gray expressed concern about carving out the Arts Garage space because it fronts N.E. lst and 2nd. Mr. Dorling stated this would be impacted by this ordinance. 33 09/17/13 Mayor Glickstein stated the concept has always been to extend the pedestrian experience from Atlantic Avenue as far into Pineapple Grove as possible. After brief discussion, it was the consensus of the Commission on the draft of this ordinance being the only exception being a curve out of what is now the Arts Garage and Puppetry Center space along 2nd that might tie-in with a sunset date depending on if that transaction closes. Mrs. Gray moved to approve the initiation of Item 9.E. and provide for a sunset provision on the N.E. corner of 2nd and 1" that is encompassed by the Old School Square Parking Garage, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia - Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. 9.F. INITIATION TO AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR)/CENTRAL BUSINESS DISTRICT (CBD)/DENSITY HEIGHT: Consider approval to initiate amendments to the Land Development Regulations (LDR) Sections 4.4.13, "Central Business District", and 4.3.4, 'Base District Development Standards" which modify the areas where conditional use approval for increased height and density can be requested. Further, the modifications will provide clarification with respect to maximum stories that can be achieved within the respective 48' and 60' height maximums. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a request for the City Commission to initiate an amendment to LDR Section 4.4.13 and 4.3.4 to modify the areas where conditional use approval for increased height and density can be requested. The modifications will provide clarification with respect to maximum stories that can be achieved within the respective 48' and 60' height maximums. Mr. Dorling displayed the current area that is now allowed to seek conditional use density above 30 units per acre in the downtown core (two blocks north and two blocks south of Atlantic Avenue). The request would be to eliminate that option and restrict it to a maximum of 30 units per acre. Mr. Dorling stated this is one of the changes that came out of meetings with the City Commission based upon addressing their concerns with the knowledge that staff could revisit this as part of the larger amendments that are being done with the LDRs; however, this could take 1-11/2 years to complete. Mrs. Petrolia stated the density is too restrictive; however, she is okay with the height. Mr. Dorling stated the conditional use would be removed in that two block area with the thought that the longer modifications staff may scale it back and reinstitute it in areas that may be more appropriate like the railroad tracks. Mr. Dorling stated part of this is also removing the ability to get increased density over 30 units an acre in the two block area north and south of Atlantic Avenue. 34 09/17/13 Mrs. Gray stated she too feels this is too restrictive and is not in favor of it. Mr. Frankel stated he concurs with comments expressed by Commissioner Gray and he does not support this. Mr. Jacquet stated he too feels it is too restrictive and noted this can be revisited once the study is done. He asked why the boundaries do not go to Swinton Avenue with regard to the density. Mr. Dorling stated this is the currently allowed area that you can seek additional units per area and it does not apply to outside the area. Mr. Dorling stated that study will not be complete for approximately 1-11/2 years so if there is an immediate concern then the City can do something short-term and then revisit long- term. Mayor Glickstein stated a conditional use is not an entitlement or rights but it is granted on a property -by -property basis. He read a brief statement into the record. Mr. Jacquet moved to table Item 9.F., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — No; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — No. Said motion was DENIED with a 4 to 1 vote, Mr. Frankel dissenting. Mrs. Petrolia moved to approve to initiate this as presented, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion passed with a 3 to 2 vote, Mrs. Gray and Mr. Frankel dissenting. Mrs. Petrolia moved to extend the Commission meeting past 12 midnight. The motion failed due to a lack of a second. The City Attorney stated Commissioner Jacquet's appointment to the Site Plan Review and Appearance Board is on the agenda and because his appointee resigned the last time, Mr. Jacquet has two meetings in order to make that appointment again. If Mr. Jacquet does not make that appointment at this meeting, he would lose that appointment unless the Commission chooses to waive that. It was the consensus of the Commission to waive that. At this point, it was the consensus of the meeting to postpone all board appointments and first reading to the regular meeting of October 1, 2013. 9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 35 09/17/13 This item has been postponed to the next regular meeting of October 1, 2013. 9.H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to serve a two (2) year term ending August 31, 2015 to the Historic Preservation Board. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). This item has been postponed to the next regular meeting of October 1, 2013. 9_I. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). This item has been postponed to the next regular meeting of October 1, 2013. 9_J. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve a two (2) year term ending August 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). This item has been postponed to the next regular meeting of October 1, 2013. 9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the serve an unexpired term ending July 31, 2015 to the Education Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 2013. This item has been postponed to the next regular meeting of October 1, At this point, the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 11.A. ORDINANCE NO. 24-13: Consider an amendment to Chapter 33, "Police and Fire -Rescue Departments", Section 33.65, "Administration", to clarify the membership of the board. If passed, a public hearing will be held on October 1, 2013. The caption of Ordinance No. 24-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 09/17/13 AMENDING CHAPTER 33 "POLICE AND FIRE j RESCUE DEPARTMENTS", SECTION 33.65, "ADMINISTRATION"; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-13 is on file in the City Clerk's office.) This item has been postponed to the next regular meeting of October 1, 2013. 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager The City Manager had no comments or inquiries on non -agenda items. 12.B. City Attorney The City Attorney had no comments or inquiries on non -agenda items. 12.C. City Commission 12.C.1. Mr. Jacquet Mr. Jacquet had no comments or inquiries on non -agenda items. 12.C.2. Mrs. Gray Mrs. Gray had no comments or inquiries on non -agenda items. 12.C.3. Mrs. Petrolia Mrs. Petrolia had no comments or inquiries on non -agenda items. 12.C.4. Mr. Frankel Mr. Frankel had no comments or inquiries on non -agenda items. 12.C.5. Mayor Glickstein Mayor Glickstein had no comments or inquiries on non -agenda items. There being no further business, Mayor Glickstein declared the meeting adjourned at 12:02 a.m. 37 09/17/13 ATTEST: 'AYOR City Clerk 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 September 17, 2013, which Minutes were formally approved and adopted by the City Commission on November 5, 2013. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 38 09/17/13