08-18-15 Regular City Commission MinutesAUGUST 18, 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, August 18, 2015.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Deputy Vice Mayor Alson Jacquet
Commissioner Mitch Katz
Commissioner Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Donald B. Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The Pledge of Allegiance to the flag of the United States of America was
given.
3. APPROVAL OF MINUTES:
Ms. Jarjura moved to approve the Minutes of the Regular Meeting of
February 24, 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0
vote.
4. PRESENTATIONS:
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.
S.A. City Manager's response to prior public comments and inquiries.
With regard to a prior comment expressed by Mr. Humanik about bike
racks and bus shelters placed on Atlantic Avenue, the City Manager stated bike racks that
are being installed are decorative bike racks from the Arts Commission and the bus
shelters are being made ADA accessible.
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Secondly, the City Manager introduced the new Human Resources
Director Ms. Tennille Decoste.
S.B. From the Public.
5.8.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483,
commented about some remarks that were made at the Commission meeting last Tuesday
by the Commission and asked that they be more civil to one another. Mr. Smith urged
the Commission to apologize to one another during tonight's closing comments.
5.B.2. Kathleen Hard, Vice President of Grants Administration for
Alzheimer's Community Care, Headquarters located at 800 Northpoint Parkway,
Suite #101-B, West Palm Beach, FL 33407, stated they applied for funding through the
charity funding source for the Family Nurse Consultant Program and the family nurse
consultants work in Delray Beach at no cost to caregivers or to patients. Ms. Hard stated
their organization is unique because they are the only organization in Palm Beach County
that provides these services without charge because they are all supported by grants and
donations. She stated last year the organization served 315 residents of Delray Beach
with these services (includes both patients and caregivers); 90% of the families that they
serve are able to continue providing care for their loved one in the home throughout the
disease progression and therefore avoiding costly nursing home care. Ms. Hard asked the
City Commission to consider their request for funding ($10,000.00) which will support
approximately one month of services in Delray Beach.
5.B.3. Pauline Moody, 609 S.W. 81h Avenue, Delray Beach, FL 33444,
expressed her opinion regarding public comments and Quasi -Judicial Hearing items.
5.B.4. Saralyn Ledbetter Buzen, 237 N.E. 14th Street, Delray Beach, FL
33444, stated she would appreciate the opportunity to serve on the Historic Preservation
Board.
5.B.5. Ann Margo Cannon, 107 N.W. 9th Street, Delray Beach, FL 33444,
stated she would like to yield her 3 minutes to Nancy Dockerty on behalf of the Delray
Beach Public Library.
5.B.6. Nancy Dockerty, 95 N.E. 4th Avenue, Delray Beach, FL (President of
the Delray Beach Library Board) and speaking as a citizen, commented about the
proposed budget cuts for the non -profits in particular the library. She stated the library is
not a department of the city but a separate 501(c)(3) and the City provides 75% of the
annual operating budget. Ms. Dockery commented about all the programs and resources
the library offers children. She stated the library's summer program serve 5,426 children
with 81 library programs and 36 outreach programs throughout the community at no cost.
Ms. Dockerty stated the library also has a long partnership with the City's Education
Board and work together on campaign for grade level reading and summer enrichment.
She stated the library serves every school (public and private) in Delray Beach and
partner with Parks and Recreation, Head Start, Village Academy, the Achievement
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Center, Milagro Center, Spady Museum, and churches that have children's programming
regardless of denomination. The library will embark on a 5,000 square foot expansion of
the children's department completely funded by private donations. The work begins this
week and the new department will have a recording studio, a mobile computer lab, a
family reading center, and additional resources and programming. In addition, Ms.
Dockerty stated the library offers things for teens and adults.
5.B.7. Shaneika Spells, 503 S.W. 3rd Street, Delray Beach, FL 33444, stated
she has been going to the library since she was in elementary school and she supports it.
5.B.8. Christine C. Davies, 3224 N.E. Ocean Boulevard, Gulf Stream, FL
33483 (Co -President of the Sandoway House Nature Center and has served on the
Board more than 17 years), stated she was a 5th and 3rd grade teacher at Pine Grove
Elementary School for eight (8) years. Ms. Davies stated the Sandoway House Nature
Center is a place for the public including thousands of Palm Beach County school
children, residents, and tourists to learn about the beautiful beach environment. She
stated last year 250 classes visited the nature center. Ms. Davies stated the Sandoway
House opened in 1998 and receives a grant every year in the amount of $20,000-$30,000.
She stated the Sandoway House is growing and this year they asked for $57,000 to fund
expanded two (2) temporary employees to full time. Ms. Davies urged the Commission
to not cut the funding to $10,000.
5.B.9. Michelle Donohue, newly elected board member of the Delray Beach
Historical Society, stated the Delray Beach Historical Society appreciates the
opportunity to give a presentation at the Commission meeting on September 3, 2015.
Ms. Donohue stated cutting the library's funding will jeopardize the Historical Society's
ability to preserve the city's archives and protect the cultural heritage for future
generations.
5.B.10. Cameron Marshall. 700 NE Harbour Terrace. Ant. #226. Boca Raton.
FL 33431, stated when she lived in Delray Beach she checked out her first book from
the Delray Beach Library and last year she won the Martin Luther King, Jr. "I have a
Dream" speech contest at the library. She stated one of the most important places for
children in this community is the library.
5.B.11. Johanna Albreicht, M.D., 803 North Swinton Avenue, FL 33444,
stated she is a Pediatrician and raised her son in Delray Beach with the help of the public
library.
5.B.12. Wilberson Camilus, stated he supports the library and noted that some
children cannot afford the internet, the computers, and the books so they utilize these
resources at the library. He stated if the City cuts 50% of the library funding it will be
cutting 50% of the children.
5.B.13. Lisa Archer, 5103 Military Trail, Suite #I-8, Delray Beach, FL 33445,
speaking on behalf of the H.O.W. (Help Our Wounded) Foundation, stated they are
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one of the 36 non -profits that applied for funding from the City and they have asked for
$2,500 of the proposed $962,000 and they hope to be considered. Ms. Archer stated they
are specifically asking for funding for their Veteran Program which provides these
Hyperbaric Oxygen Therapy treatments to veterans that have Traumatic Brain Injury
(TBI) and/or Post -Traumatic Stress Syndrome (PISS). She stated the cost is
approximately $10,380.00 for forty (40) treatments and most veterans see a significant
amount of improvement after the forty (40) treatments.
5.B.14. Rykizzyah Williams, 805 S.W. 1St Street, Delray Beach, FL 33444,
urged the City to not cut 50% of the funding for the library because this will cut 50% of
those children who utilize the resources there.
5.B.15. Chuck Ridley, 210 NW 2nd Avenue, Delray Beach, FL 33444 (speaking
as the Vice Chair of WARC), stated WARC is pleased that the Commission is
supporting WARC's effort with respect to the branding initiative. Mr. Ridley thanked the
Commission for their support and stated WARC looks forward to working with the
Commission on many projects moving forward.
6. AGENDA APPROVAL.
The City Attorney requested that Item 8.H., Resolution No. 52-15:
Replacinjz One of the Citizen -At -Lame Representatives of the Parking Management
Advisory Board with a Member of the Green Implementation Advancement Board
be removed from the Agenda and staff will bring back in September 2015.
Ms. Jarjura moved to approve the Agenda as amended, seconded by Mr.
Katz. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet —
Yes. Said motion passed with a 5 to 0 vote.
7. CONSENT AGENDA: City Manager Recommends Approval.
7.A. HOLD HARMLESS AGREEMENT/MCA DELRAY PRESERVE
OWNER LLC: Motion to Approve a Hold Harmless Agreement with MCA Delray
Preserve Owner LLC, to install brick pavers over public utility easements where the City
will maintain sanitary sewer and water mains.
7.B. RESOLUTION NO. 50-15/LOCAL AGENCY PROGRAM
AGREEMENT (LAP) WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ FEDERAL HIGHWAY BEAUTIFICATION
PROJECT: Motion to Approve Resolution No. 50-15 to execute a supplemental Local
Agency Program (LAP) agreement with Florida Department of Transportation (FDOT)
for additional funding of the Federal Highway Beautification Project (Project No. 2009-
009).
The caption of Resolution No. 50-15 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
INCREASE FUNDING FOR THE LOCAL AGENCY
PROGRAM (LAP) AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE
ADDITIONAL FUNDING IN THE AMOUNT OF
$12,800.00 FOR THE DEPARTMENT'S
PARTICIPATION IN THE INSTALLATION OF 16
LINEAR FEET OF 48 -INCH PIPE CULVERT, WITHIN
IN THE CITY OF DELRAY BEACH.
(The official copy of Resolution No. 50-15 is on file in the City Clerk's
office.)
7.C. CONSULTING AGREEMENT/CHICAGO BRIDGE & IRON
INCORPORATED (CB & I)/COASTAL ENGINEERING CONSULTING
SERVICES: Motion to Approve an agreement with Chicago Bridge & Iron
Incorporated (CB&I) related to RFQ No. 2015-01 for Coastal Engineering Consulting
Services, City Project No. 14-096. This recommendation is in compliance with the Code
of Ordinances, Chapter 36, Section 36.02(A)(2), "Request for Qualifications".
7.1). PURCHASE AWARD/TIRESOLES OF BROWARD
COUNTY/GOODYEAR TRUCK TIRES: Motion to Approve a revised expenditure
limit not to exceed $48,000.00 with Tiresoles of Broward County utilizing State of
Florida Contract No. 863-000-10-1. This recommendation is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(7)(c), "Utilization of Other
Governmental Entities' Contract". Funding is available from 501-3311-591-52.52
(Garage Fund: Intragovernmental Service Disbursement/Operating Supplies/ City
Garage — Outside Service).
7.E. FOOD TRUCK PILOT PROGRAM EXTENSION AND
AMENDMENT TO THE REGULATIONS: Motion to Approve the extension of the
Food Truck Pilot Program from August 31, 2015 to February 28, 2016; and Motion to
Approve an amendment to the Food Truck Pilot Program regulations to allow Food
Trucks to operate in the General Commercial (GC) and Planned Commercial (PC)
zoning districts and extend the hours of operation to midnight.
7.F. LICENSE AGREEMENT/MAE VOLEN SENIOR
CENTER/WESTERN COMMUNITY CENTER SITE: Motion to Approve License
Agreement with Mae Volen Senior Center for the use of Western Community Center
building and parking lot for a term of three (3) years.
7.G. APPROVAL OF FISCAL YEAR (FY) 2015 SPENDING GREATER
THAN $25,000.00/WOODLAKE PSYCHOLOGICAL ASSOCIATES: Motion to
Approve FY 2015 spending with Woodlake Psychological Associates in an amount not to
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exceed $35,000.00 to perform psychological exams for potential new hires by the Police
Department. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year". Funding is available from 001-2111-521-31.90 (General
Fund: Police/Support Bureau/Law Enforcement/Other Professional Services).
7.H. LETTER OF SUPPORT/COUNTY JUSTICE ASSISTANCE
GRANT (JAG): Motion to authorize the Mayor to sign a letter in support of the
Criminal Justice Commission of Palm Beach County's funding allocation for Countywide
Justice Assistance Grant (JAG) funds for FY 2015.
7.I. PROCLAMATIONS:
1. None
7.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: There are no appealable reports for the period from July 27, 2015 through
August 7, 2015.
7.K. AWARD OF BIDS AND CONTRACTS:
1. Motion to Approve a bid award (Bid No. 2015-56) to M.T.
Causley, CAP Government, Inc. and GFA International for
Building Inspection, Plan Review and Development Review
Services as needed for a three (3) year term with two (2) additional
one (1) year renewal periods. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(1), "Competitive Bids". Funding is available from 001-
2721-524-31.90 (General Fund: Community
Improvement/Building Inspection/Professional Services/Other
Professional Services).
Mr. Katz moved to approve the Consent Agenda as amended, seconded by
Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet —
Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
8. REGULAR AGENDA:
8.A. FOURTH & FIFTH DELRAY, LOCATED SOUTH OF EAST
ATLANTIC AVENUE, BETWEEN S.E. 4TH AVENUE AND S.E. 5TH AVENUE:
(Quasi -Judicial Hearing)
i. Consider two Conditional Use Requests:
1. To allow for a building height in excess of 48 feet (59.5'
proposed) within the development
2. To allow a movie theater within the development.
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ii. RESOLUTION NO. 49-15: Consider an abandonment of a
portion (north 196.18 feet) of the 16 foot wide north -south alley
right-of-way, lying within Block 101.
The caption of Resolution No. 49-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF THE CITY OF DELRAY BEACH, FLORIDA,
VACATING AND ABANDONING A PORTION OF THE
16 -FOOT ALLEY RIGHT-OF-WAY DEDICATED BY
THE TOWN OF LINTON (NOW DELRAY BEACH)
SUBDIVISION PLAT, BLOCK 101, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 49-15 is on file in the City Clerk's
office.)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial Hearing
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. Mr. Katz stated he met with the developer Hamid Hachemi and their
attorney on more than one occasion and spoke on the telephone, met with members of
the Planning and Zoning Board, met with members of the public, has received hundreds
of emails, telephone calls, noted that all the emails are on the City server, and met with
Jeff Costello, and spoke to Mayor George Vallejo of North Miami Beach. Ms. Jarjura
stated over the past year she has met with the applicant and the applicant's attorney,
representatives along with City staff, as well as communicated by email and conference
calls several times, met with the George family and communicated with them by a
conference call, several emails which are on the City server, several meetings with staff,
telephone calls or in person conversations with Steve Blum, Connor Lynch, John
Levinson, Sandy Simon, Lee Cohen, Ryan Boylston, subsequent to the Planning and
Zoning Board vote she spoke with board member Robin Bird and Steven Mackey,
multiple meetings with the City Attorney, City Manager, City Planning Director, staff,
the CRA Director, hundreds of emails which are all on the City server, and multiple site
visits. Vice Mayor Petrolia stated she has met with staff, Bonnie Miskel, owner of iPic,
hundreds of emails, met with the George family on more than one occasion, met with
Board members Gerry Franciosa, Chris Davey, Jeff Costello, and Bill Branning. Deputy
Vice Mayor Jacquet stated he met with the Principal and the Principal's attorney,
numerous numbers from the public, and emails on the City server. Mayor Glickstein
stated he has received hundreds of emails which are on the City server, numerous
conversations with staff including the Police Department, met with the applicant and/or
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their attorney on three occasions with staff, held a community forum on Thursday,
August 13, 2015 where 42 speakers spoke and expressed their views with respect to this
project; the names of all of the speakers have been provided to the City Clerk so they are
made part of the record and this list is available to the applicant or to any interested
person. In addition, Mayor Glickstein stated he has spoken with or communicated with
the following: Jorge Rodriguez, Reggie Cox, Scott and Ona Wyler, Steve Hacker, Ed
McCall, Frank Frione, Diana Franco, Jena Sellers, Cathy Sellers, Donna Monroe,
Richard Edict, Bill McCauley, Don Uderitz, David Henninger, Louis Smith, Carolyn
and Price Patton, Bill Bathurst, Dr. Craig Spodak, Sandy Zeller, Tom and Nancy
McManus, Stacy Winnick, Mike and Sandy Stains, Jeff Peterson, Bill Williams, Steve
Snyder, Paul and Leslie Geller, Steve Groth, Ray and Bonnie Jones, Sven Mountner
(sp), Laura Simon, Todd L'Herrou, Bill Branning, Winnie Edwards, Jeff Costello, Arlen
Dominick, Mark Krall, Karen Granger, Hanna Connell, Dr. Robert George, Francisco
Perez, Robert Toth, Albert Richwagen, Blake McDermid, Jeanne DuPont, Mike Busha,
Dana Little, Anthea Giannotes, Bernie Dahlem, Steve Levine, former City
Commissioners Fred Fetzer, Jon Levinson, Gary Eliopoulos, Bob Costin, and Mack
Bernard; former Mayors Tom Lynch and David Schmidt, Mayors of Bolingbrook,
Illinois, Charles Clare, and Mayor George Vallejo of North Miami Beach, both iPic
locations, Janet Swors (sp), Pasadena Development Director (another iPic location),
Robert Victorin, Bob Spavero, Chuck Halberg, Ameliana Brooks, Scott Porten, Connor
Lynch, Gail Clark, Howard Ellingsworth, Mike Cruz, Tom Laudani, Steve Murray,
George Brewer, Gary Eliopoulos, Rocky Goldman, Larry and Alma Frankel, Sue
Tauriello, Linda Lake, Fred Devitt, Jestena Boughton, Charles Weiland, Rhonda Turner,
Jocelyn Patrick, Kelly Barrette, Frank and JoAnn Varca, Joe and Terry Pike, Daryl Fink,
Mary Walton, Mark Walsh, Tom McMurrian, Jack and Jackie Maloney, Janet Taggart,
Mark Krall, Patsy Westall, Roy Simon, Sandy Simon, Bob Schmier, Jim Zengage,
Howard Lewis, Billy Himmelrich, Rett Talbot, George Whitney, Frank McCluskey,
Fran Marincola, Andy Spangler, Dr. Pat Rubseman (sp), Anita Casey, Bob Wexley, and
Brian Styles.
Mayor Glickstein stated the City has received a request for party status.
Mayor Glickstein moved to approve party status for Abilene Properties,
seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0
vote.
The City Attorney stated Item 8.A., includes three (3) separate items;
two (2) requests for a conditional use and a request to adopt a resolution to abandon an
alleyway. The City Attorney stated it is best served if the City Commission hears this in
totality and then at the conclusion of their discussion take sequentially each of those
three (3) items. The City Attorney urged the City Commission that at a minimum to
provide that 30 minute presentation so that the applicant has an opportunity to
adequately present its case; however, Ms. Miskel is requesting 45 minutes.
Ms. Jarjura moved to approve 30 minutes time for the applicant, staff
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and party (Abilene Properties), seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet
— Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed
with a 5 to 0 vote.
Tim Stillings, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2014 -146 -ABR -CCA (Alley Abandonment) and #2014-
143 -USE -CCA (for the two (2) conditional use requests).
At this point, the time was 6:47 p.m.
Vice Mayor Petrolia moved to approve moving to Item 8.B., seconded by
Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
8.13. SERVICE AUTHORIZATION NO. 1/CHICAGO BRIDGE & IRON
INCORPORATED (CB&I)BEACH MANAGEMENT PROGRAM: Motion to
Approve Service Authorization No. 1 with Chicago Bridge & Iron Incorporated (CB&I)
regarding the City's Beach Management Program, Project No. 12-070, in an amount not
to exceed $78,483.00 for performing professional services subject to approval of the
agreement with CB&I. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is
available from 332-4164-572.31-30 (Beach Restoration Fund: Parks and
Recreation/Professional Services/Engineering/Architectural).
Randal Krejcarek, Director of Environmental Services, presented this item
to the Commission.
Mr. Katz moved to approve Service Authorization No. 1 with Chicago
Bridge & Iron Inc. (CB&I), seconded by Ms. Jarjura. Upon roll call the Commission
voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to
0 vote.
S.D. CONTRACT AWARD/LINE-TEC, INC./FIRE HYDRANT
FLUSHING: Motion to Approve a contract award to Line -Tec, Inc., utilizing an active
contract with the City of Boynton Beach, Florida, Bid No. 050-28121-13/JMA, for
services related to flushing fire hydrants. Estimated annual expenditure for the
remainder of FY 2014-2015 in the amount of $20,000.00 and an amount not to exceed
$100,000.00 for FY 2015-2016, subject to annual budget appropriations. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(7)(c), "Utilization of Other Governmental Entities' Contract". Funding is
available from 441-5123-536-34.90 (Water and Sewer Fund: Water/Sewer
Services/Other Contractual Services).
Randal Krejcarek, Director of Environmental Services, presented this
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item to the Commission.
Mr. Katz moved to approve an award to Line -Tec, Inc. utilizing an active
contract with the City of Boynton Beach Estimated annual expenditure for the remainder
of FY 2014-2015 in an amount not to exceed $20,000, with FY 2015-2016 in an amount
not to exceed $100,000, subject to annual budget appropriations, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes;
Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
8.C. PROPERTY CASUALTY INSURANCE RENEWAL
ALTERNATIVES: The City's current property and casualty insurance coverage
expires September 30, 2015. The City's broker, Ascension Benefits and Insurance
Solutions, will provide information of plans for renewing the policies at the lowest
available price.
Jack Warner, Chief Financial Officer, gave a few brief comments and
stated this proposal is a reduction from last year's.
Tim McCreary, President of Ascension Insurance Benefits and Insurance
Solutions, presented this item to the Commission.
Brief discussion by the Commission followed.
At this point, the time being 7:09 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
9. PUBLIC HEARINGS:
9.A. ORDINANCE NO. 13-15 (SECOND READING): Motion to Approve
Ordinance No. 13-15, amending the Land Development Regulations of the City Of
Delray Beach, Florida, by amending Subsection 4.5.1(E)(6), "Relocation," to establish
regulations and guidelines regarding the relocation of buildings or structures within, to, or
from "Historic Districts" or Sites; by enacting Section 7.10.11, "Historic Structures," to
establish a "Historic Structure Relocation Bond", and to provide for forfeiture of same for
failure to successfully relocate a Historic Structure.
The caption of Ordinance No. 13-15 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,
FLORIDA, BY AMENDING SUBSECTION 4.5.1(E)(6),
"RELOCATION," TO ESTABLISH REGULATIONS
AND GUIDELINES REGARDING THE RELOCATION
OF BUILDINGS OR STRUCTURES WITHIN, TO, OR
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FROM HISTORIC DISTRICTS OR SITES; BY
ENACTING SECTION 7.10.11, "HISTORIC
STRUCTURES," TO ESTABLISH A HISTORIC
STRUCTURE RELOCATION BOND, AND TO
PROVIDE FOR FORFEITURE OF SAME FOR
FAILURE TO SUCCESSFULLY RELOCATE A
HISTORIC STRUCTURE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 13-15 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.
Mark McDonnell, Assistant Planning and Zoning Director, presented this
item to the Commission.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 13-15,
the public hearing was closed.
Vice Mayor Petrolia moved to adopt Ordinance No. 13-15 on Second and
FINAL Reading, seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9.B. ORDINANCE NO. 18-15 (FIRST READING/FIRST PUBLIC
HEARING): Motion to Approve Ordinance No. 18-15, amending the Land
Development Regulations of the City of Delray Beach; amending Article 4.4.13(B)(6)
"Old School Square Historic Arts District (OSSHAD) Zoning With CBD Overlay";
Section 4.4.13(B) Figure 4.4.13-5 "Central Core & Beach Sub -Districts Regulating
Plan'; Section 4.4.13(B) "West Atlantic Neighborhood Sub -District Regulating Plan";
amending Section 4.4.13(C) "Allowable Uses'; amending Section 4.4.13(D)(1)(A)
"Building Height"; amending Section 4.4.13(E)(4) "Frontage Types"; amending Section
4.4.13(F) "Architectural Standards"; amending Section 4.4.13(G) "Civic Open Spaces";
amending Section 4.4.13(I)(2) "Minimum Number of Off -Street Spaces"; amending
Section 4.4.13(K)(7) "Conditional Uses"; amending Section 4.4.24(B) "Principal Uses
And Structures"; amending Section 4.4.24(C) "Accessory Uses and Structures
Permitted"; amending Section 4.4.24(F) "Development Standards"; amending Section
4.51(E)(2) "Major And Minor Development"; amending Section 4.5.6(B) "Defined";
amending Section 4.7 "Findings"; amending Appendix A "Definitions".
(STAFF HAS REQUESTED THAT THIS ITEM BEPOSTPONED
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TO A DATE CERTAIN OF SEPTEMBER 15,201.5)
At this point, the time being 7:11 p.m., the Commission moved back to
Item 8.A. of the Regular Agenda.
Mr. Stillings presented this item to the Commission and gave a brief
overview of the elevations. Based on staff's review positive findings can be made for
each relative to the project as presented. At its meeting of July 20, 2016, the Planning
and Zoning Board recommended denial on all three (3) parts; 5-2 vote for the movie
theatre and alley abandonment and a 7 to 0 vote for the height increase. Mr. Stillings
stated the primary concerns were traffic, valet circulation and queuing, some of the height
and intensity as presented. Mr. Stillings stated staff has provided conditions of approval
should the Commission wish to approve the request which were presented to the Planning
and Zoning Board (#2 — after the Planning and Zoning Board meeting staff engaged with
Simmons & White Engineering to do a more detailed analysis). Mr. Stillings stated staff
did not want to rely on Palm Beach County to give comments, but staff wanted more
detailed conditions relative to the valet and queuing and is presented in the letter from
Simmons & White Engineering breaking down into four (4) pieces three (3) that would
be required prior to site plan approval related to a detailed valet operational plan, detailed
garage operational plan, and detailed directional signage. Mr. Stillings stated following
the opening staff wants to ensure that everything is working according to what has been
presented so performing an intersection analysis at S.E. 4th and Atlantic Avenue and S.E.
5th and Atlantic Avenue, a comprehensive review of the valet operations, and a
commitment to modify should there be an issue with the circulation and queuing, and a
review of the public and parking operations, and addressing the concerns on the drop-offs
along southbound Federal Highway and ensuring that the connection between the
north/south alley would be provided earlier in the process so that circulation could be
maintained while the project is under construction.
Brief discussion between staff and the Commission ensued.
Mr. Katz commented about the original plan not having enough open
space.
Deputy Vice Mayor Jacquet asked how many square feet did the applicant
offer before and how many square feet is it now.
Scott Pape, Principal Planner, gave a few brief comments regarding the
plans and stated the total square footage.
Hamid Hachemi, Applicant, 21 Compass Isle, Fort Lauderdale, FL
(Chairman and Founder of iPic Theatres), showed a brief video presentation and gave
a few brief comments regarding the project.
Bonnie_ Miskel, Land Use and Zoning Attorney with Dunay, Miskel
and Backman, LLP, 14 S.E. 4t Street, Suite #36, Boca Raton, FL 33432, stated they
12
08/18/15
are requesting the abandonment of the portion of the north/south alley between the
parking garage area and the movie theatre and commented about the criteria that they
must demonstrate.
At this point, Mr. Hachemi made a few brief comments.
Brief discussion between the Commission and Ms. Miskel followed.
Vice Mayor Petrolia asked with respect the parking do they mean spaces
or valets. Ms. Miskel stated there are ninety (90) public parking spaces as part of this
overall project; on the upper deck they are able to add fifty-two (52) additional spaces
because the upper deck will be the valet deck. Ms. Miskel stated of the 388 parking
spaces, 52 of them are new spaces created by stacking on the upper level and the rest of
the spaces are the traditional spaces that are within the garage.
Vice Mayor Petrolia stated Ms. Miskel was comparing it to those that
were parking in the area around there. Therefore, Vice Mayor Petrolia asked if they are
talking about 271 spaces or 271 valet spaces. Ms. Miskel entered into the record "A
Valet Que Overview" created by Mr. Scott Aronson, Parking Manager and stated the
number she has provided is from this document.
Robert George, his parents established a business in downtown Delray
Beach in 1911, stated he is not against growth. Mr. George stated the library building
along with eight (8) parking spaces on the north end will be eliminated; on the east side
of the library there are seventeen (17) parking spaces that will be eliminated; the
north/south alley will also be eliminated in its northern one-half. Mr. George stated
going eastward, Lots 14, 15, 16 and 17 which constitutes the public parking open surface
free ingress/egress public parking will be eliminated; Lot 18 where the Chamber of
Commerce building is located will come down and the lot will be consumed in there. Mr.
George stated there are going to be ninety-eight (98) parking spaces that will be gone so
those ninety-eight (98) parking spaces plus an extra five (5) parking spaces estimated on
the west side of the parking garage to allow for the ingress/egress (angled parking) and
noted that a total of 103 parking spaces will be eliminated; eight (8) parking spaces will
not be counted because the parking lot was restriped in September 2014 and the lot
reduced down to fifty (50) parking spaces. Mr. George described the size of the building
and stated the garage is a private parking garage because the City lost 103 parking
spaces. Mr. George stated with respect to the abandonment of the northern one-half of
the north/south alley, he expressed concern over the resulting impact that it has on small
businesses in and around Block 101. Mr. George commented about the dumpsters being
eliminated and stated a representative from the CRA informed him about putting
dumpsters on their own land and when that happens it consumes additional parking
which gets added to the 103 spaces. In July 1896, Mr. George stated W.S. Linton
dedicated the streets and the alleys of this town (Town of Linton) to the public for use as
roads in perpetuity. In his opinion, Mr. George stated the abandonment of the
north/south alley is going to be a mistake because it will negatively impact the small
businesses and the taxpaying businesses of this town. Mr. George stated the alleys are
13
08/18/15
commercial alleys serving a specific function which is to supply these businesses with
goods and services and emphasized that there is no loading zones in these alleys; large
trucks (i.e. 14, 16 and 18 -wheelers) service these businesses and when the trucks come
into the alley they have no place to park except in the roadway. Mr. George stated
although the developer is going to make the road wider from 16 feet to 20 feet. However,
Mr. George stated if there is an 18 -wheeler and a 14 -wheeler going in opposite directions
there is a totally obstructed road and any traffic in back of either one of them cannot get
out. He stated the north/south alley intersects the east/west alley perpendicularly so that
traffic in back of these trucks can get out; the north/south alley serves as an escape route.
Mr. George stated once this building is built, the effect on deliveries of the east/west
alleys by service vehicles will not go down, but the number of service vehicles will
increase. Mr. George stated the developer has stated that 1,849 extra trips per day are
going to go to that building. Mr. George stated these trucks are finished loading and
unloading they back out into S.E. 4th Avenue and they encounter the traffic backup from
the stop light on East Atlantic Avenue (this is a blind corner). He stated on the east end
of the east/west Alley there is Federal Highway (also a blind corner). Mr. George stated
that the Planning and Zoning Board has pointed out that closing the alley will result in a
closed in road on the southern one-half and the developer has purchased the Martini
building and will construct a road that allows it to go out to 4th Avenue. However, Mr.
George stated this road does nothing to alleviate the congestion on the east/west alley
because it is the intersection of north/south alley and the east/west alley is where the
relief and the access come in.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of Item 8.A. to come forward at this time.
The following individuals from the public came forward to speak:
Steve Blum, Dennis Rooney, Judy Craig, Kathy Barstow, Robert Geller,
Jestena Boughton, Alan Schlossberg, Kevin Homer, Carole Andersen, Gary Shusas, Jim
Chard, Ryan Boylston, Natalia Noah, Claudia Willis, Bob Ganger, Peter Humanik, Karen
Granger, Chuck Ridley, Connor Lynch, Cindi Freebum, Carl Wells, Rita Rahn, Bruce
Gimmy, Andy Katz, Christina Morrison, Todd L'Herrou, Terra Spero, Richard Veens,
Jeff Costello, Tom Lynch, Tom McMurrian, and Bill Bathhurst.
Staff had no cross-examination.
Ari Glazer, Counsel for the Applicant, asked the following of Dr.
George through Mayor Glickstein: (1) Is Dr. George a traffic engineer? (2) Did Dr.
George perform any traffic study to support his statements that abandonment of the alley
will create congestion and cause a traffic problem (3) With respect to Dr. George's
calculation of the parking spaces publicly available, Why does Dr. George contend the
fifty (50) spots are not the actually spots available after the restriping of the parking lot
and (4) Does Dr. George own any property currently on Atlantic Avenue that utilizes the
east/west alley?
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08/18/15
Mr. George stated he is not a traffic engineer; Dr. George stated he has not
conducted any engineering studies; however, he has been located at that spot for quite
some time and has witnessed what he said to be fact and true; Dr. George stated he
physically went down to the parking lot and counted the spaces several times before
September 2014 and shortly thereafter when the parking lot was restriped he went back
and counted fifty (50) spaces; Dr. George stated he owns property on Atlantic Avenue
and in Block 101.
Mr. George gave a brief cross-examination and stated his understanding
that the difference between iPic and other theatres is that iPic serves food. Dr. George
asked if they serve food to its customers and what makes them different from a restaurant
and if they serve food beyond concession type food why are they not classified as a
restaurant would be.
Mr. Hachemi gave a few brief comments.
Ms. Miskel stated with every principal use there are ancillary uses; the
principal use is a theatre and 95% of the building is devoted to a theatre use; the kitchen
area and the concession area where the food is picked up and brought into the theatres is
not close to the principal use of this site.
Staff had no rebuttal.
Ms. Miskel, speaking on behalf of the applicant, gave a brief rebuttal.
Mr. George gave a brief rebuttal.
Vice Mayor Petrolia inquired about the Martini property. Mr. Stillings
stated it has been included as a condition of approval for the abandonment.
The City Attorney stated if the Commission were to choose to act
favorably with respect to the alleyway abandonment they would first have to make the
required findings and if they are able to make those required findings, then the
Commission can impose conditions and should the Commission be able to make those
positive findings, one of the conditions would be that they are required to provide the
appropriate dedication of that alleyway. Mr. Stillings stated this is providing mitigation
for potential impact.
Brief discussion between Ms. Jarjura and Mr. Stillings followed.
Ms. Jarjura moved to continue the meeting past 11:00 p.m., seconded by
Mr. Katz. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — No;
Deputy Vice Mayor Jacquet — No; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein
— Yes. Said motion passed with a 3 to 2 vote, Vice Mayor Petrolia and Deputy Vice
Mayor Jacquet dissenting.
15
08/18/15
Further discussion between Ms. Jarjura and Mr. Stillings ensued.
Robert Rennebaum, Simmons and White Engineers, stated this mixed use
development and the traffic associates with it, if the Commission wanted to do a different
use, there is all different levels of traffic generation. Mr. Rennebaum stated it is a nice
mix of uses from a traffic generation and circulation standpoint.
Brief discussion followed between Mr. Costello and the Commission
regarding the 2004 Cluster Study.
Mr. Katz inquired whether or not a Cluster Study was done again in 2012
to ensure that this RFP was being done correctly. Mr. Costello stated the DDA had
budgeted for either this year or next year to update the Cluster Study.
Ms. Jarjura asked what the cost of construction is for the ninety (90)
parking spaces for the City. The City Manager stated it would be a minimum of $2.2
million and the applicant is handling the future maintenance of those spaces.
Mr. Costello stated the details with regard to the maintenance will still
need to be worked out.
Brief discussion by the Commission ensued.
Scott Pape, Principal Planner, came forward and gave a few brief
comments.
Brief discussion continued between the Commission and staff regarding
the pedestrian use of the alley.
Vice Mayor Petrolia read a brief statement into the record.
Deputy Vice Mayor Jacquet gave a few brief comments.
Ms. Miskel gave a few brief comments with respect to the FPL access to
utilities. Ms. Miskel stated they met FPL at the site and when they come in with a formal
site plan they will likely be required to relocate some utilities and they will do so in
connection with the plan. Furthermore, Ms. Miskel stated there was no objection to what
they are proposing.
Mr. Katz gave a few brief comments and stated he could support if the
Commission were to add a condition that the upper deck be more of an open/public space
and a condition that there be a plat dedication back to the City of the Martini Property.
Brief discussion continued regarding the east elevation.
Mr. Katz moved to extend the meeting past 12:00 midnight, seconded by
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08/18/15
Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote.
Mr. Katz continued his comments.
Mayor Glickstein gave a few brief comments and stated he would like to
ensure that those public parking spaces remain public and he does not want it left up to
SPRAB to figure out and does not want the developer dictating how that is going to work
either.
Mr. Katz stated he would like to see a decent portion of this economic
impact going to the entire City of Delray Beach not just the CRA.
Mayor Glickstein stated there has been a lot of discussion by people about
the price of the property and if the City puts it out for sale today we could get more;
however, he expressed concern over the reputational risk of a city or any organization
that this could potentially have.
The City Attorney briefly reviewed the Board Order for the Building
Height and the movie theatre with the Commission who made findings according to their
consensus (attached hereto is a copy and made an official part of the minutes) subject to
the conditions (#1-#4) in Exhibit "A" and the additional conditions (4548).
For the record, The City Attorney stated when the Commission talked
about parking equivalency there was a confirmative nod from the applicant.
Deputy Vice Mayor Jacquet moved to adopt the Board Order approving
the conditional use request to allow a movie theatre downtown for Fourth and Fifth
Delray (iPic Movie Theatre) subject to the conditions (#1-#8) listed in Exhibit "A",
seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mr. Katz —
Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — No; Deputy Vice
Mayor Jacquet — Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia
dissenting.
Deputy Vice Mayor Jacquet moved to adopt the Board Order approving
the conditional use request for an increase in building height for Fourth and Fifth Delray
(iPic Movie Theatre), seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — No; Deputy
Vice Mayor Jacquet — Yes; Mr. Katz — No. Said motion passed with a 3 to 2 vote, Vice
Mayor Petrolia and Mr. Katz dissenting.
Deputy Vice Mayor Jacquet moved to approve Resolution No. 49-15 for
the alley abandonment, seconded by Ms. Jarjura. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — No; Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — No; Ms. Jarjura — Yes. Said motion passed with a 3 to 2 vote,
17
08/18/15
Vice Mayor Petrolia and Mr. Katz dissenting.
8.E. CHANGE
STABILIZATION PRO
TO NEIGHBORHOOD
i GRANT AWARD
AND AMENDMENT NO. 1 TO PURCHASE AND SALE CONTRACT: Motion to
Approve Change Order No. 1 in the amount of $2,430.00 and approve spending that will
exceed $25,000.00 in FY 2015 to CJ Contracting, LLC to facilitate housing
rehabilitation work to the property located at 510 S.W. 10, Avenue to bring the home to
minimum standards to obtain mortgage loan on behalf of the buyer; and Second Motion
to Approve Amendment No. 1 to the Purchase and Sale Contract for the buyer to
October 31, 2015. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.06(A)(1), "Beyond Scope of Work", and Section 36.03(B),
"Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand Dollars
($25,000.00) in Any Fiscal Year". Funding is available from 118-1935-554-62.12
(Neighborhood Services Fund: Housing/Urban Development/Acquisition
Rehabilitation).
This item has been moved to the City Commission regular meeting of
September 3, 2015.
8.F. MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA
SOLUTIONS, INC./RADIO SYSTEM: Motion to Affirm sole source provider
determination of Motorola Solutions, Inc.; and Second Motion to Approve a one-year
Motorola Maintenance and Support Agreement in the amount of $116,847.72 for
contract term October 1, 2015 through September 30, 2016. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole
Source". Funding is available from various sources contingent upon FY 2015-2016
budget approval.
This item has been moved to the City Commission regular meeting of
September 15, 2015.
8.G. RESOLUTION NO. 51-15 — SERVICE OF PROCESS: Motion to
Approve Resolution No. 51-15, authorizing the City Manager, any Assistant City
Manager, the City Attorney, or any Assistant City Attorney to accept service of process
on behalf of the City of Delray Beach and any member of the City Commission who is
sued in his or her official capacity.
The caption of Resolution No. 51-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER, ANY
ASSISTANT CITY MANAGER, THE CITY
ATTORNEY, OR ANY ASSISTANT CITY ATTORNEY
TO ACCEPT SERVICE OF PROCESS ON BEHALF OF
THE CITY OF DELRAY BEACH, FLORIDA AND ANY
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08/18/15
MEMBER OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA WHO IS SUED IN HIS
OR HER OFFICIAL CAPACITY EXCEPT AS
PROVIDED HEREIN; PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 51-15 is on file in the City Clerk's
office.)
This item has been moved to the City Commission regular meeting of
September 3, 2016.
8.H. RESOLUTION NO. 52-15: REPLACING ONE OF THE CITIZEN -
AT LARGE REPRESENTATIVES OF THE PARKING MANAGEMENT
ADVISORY BOARD WITH A MEMBER OF THE GREEN
IMPLEMENTATION ADVANCEMENT BOARD: Motion to Approve Resolution
No. 52-15, amending Resolution No. 88-97 which established the Parking Management
Advisory Board, as subsequently amended by Resolutions 10-98, 33-98, 63-00, and 20-
04 by amending Section 3 pertaining to Membership Composition to provide for one of
the Citizen -At -Large Representatives to be replaced by a member of the Green
Implementation Advancement Board.
The caption of Resolution No. 52-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 88-97 WHICH ESTABLISHED THE
PARKING MANAGEMENT ADVISORY BOARD, AS
SUBSEQUENTLY AMENDED BY RESOLUTIONS 10-
98, 33-98, 63-00, and 20-04 BY AMENDING SECTION 3
PERTAINING TO MEMBERSHIP COMPOSITION TO
PROVIDE FOR ONE OF THE CITIZEN -AT -LARGE
REPRESENTATIVES TO BE REPLACED BY A
MEMBER OF THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 52-15 is on file in the City Clerk's
office.)
This item has been moved to the City Commission regular meeting of
September 15, 2015.
8.I. SORICE V. CITY OF DELRAY BEACH: The City Attorney, the
Chief of Police and the Claim Adjuster, PGCS, recommend acceptance of this offer of
settlement for the reasons discussed in the Confidential Memo previously distributed to
19
08/18/15
the City Commission.
This item has been moved to the City Commission regular meeting of
September 3, 2015.
8_J. GRIFFIN V. CITY OF DELRAY BEACH: The City Attorney, the
Chief of Police and the Claim Adjuster, PGCS, recommend acceptance of this offer of
settlement for the reasons discussed in the Confidential Memo previously distributed to
the City Commission.
This item has been moved to the City Commission regular meeting of
September 3, 2015.
8.K. INTERACTIVE VOICE RESPONSE SYSTEM (IVR) UPGRADE/
SELECTRON TECHNOLOGIES, INC: Motion to Approve upgrade of Selectron, the
interactive voice response system and web payments system used for utility billing and
permitting, from Selectron Technologies, Inc., as "Sole Source" provider, in the amount
of $23,000.00. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(6)(a), "Sole Source and City Standard", and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand
Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 334-6111-519-
64.11 (General Construction Fund: General Government Service/Computer Equipment).
This item has been moved to the City Commission regular meeting of
September 3, 2015.
8.L. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC
PRESERVATION BOARD (HPB): Nominations for appointment of three (3)
regular members to serve on the Historic Preservation Board to serve two-year terms
ending August 31, 2017. Based on the rotation system, the nominations for
appointment will be made by Vice Mayor Petrolia (Seat #1), Deputy Vice Mayor
Jacquet (Seat #2) and Commissioner Katz (Seat #3).
This item has been moved to the City Commission regular meeting of
September 15, 2015.
8.M. NOMINATIONS FOR APPOINTMENT TO THE PLANNING
AND ZONING BOARD (P&Z): Nominations for appointment of three (3) regular
members to serve on the Planning and Zoning Board to serve two-year terms ending
August 31, 2017. Based on the rotation system, the nominations for appointment will
be made by Mayor Glickstein (Seat #5), Vice Mayor Petrolia (Seat #1) and Deputy Vice
Mayor Jacquet (Seat #2).
This item has been moved to the City Commission regular meeting of
September 15, 2015.
20
08/18/15
8.N. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN
REVIEW AND APPEARANCE BOARD (SPRAB): Nominations for appointment
of two (2) regular members to serve on the Site Plan and Review Board to serve a
two (2) year term ending August 31, 2017. Based on the rotation system, the
nominations for appointment will be made by Commissioner Jarjura (Seat #4) and
Mayor Glickstein (Seat #5).
This item has been moved to the City Commission regular meeting of
September 3, 2015.
At this point, the time being 7:09 p.m., the Commission moved to the
duly advertised Public Hearings portion of the Agenda.
10. FIRST READINGS:
A. NONE
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
A. City Manager
1. Fiscal Year 2016 Non -Profit Funding Recommendations
B. City Attorney
C. City Commission
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
11.A. City Manager
None.
11.B. City Attorney
None.
11.C. City Commission
U.C.I. Deputy Vice Mayor Jacquet
None.
11.C.2. Vice Mayor Petrolia
None.
11.C.3. Commissioner Jarjura
None.
21
08/18/15
11.C.4. Commissioner Katz
None.
11.C.5. Mayor Glickstein
None.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 12:33 a.m.
ATTEST:
grrr,
c
Kv
„ASI Y OR
City Cleric
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 August 18, 2015, which Minutes were formally approved and adopted by the City
Commission on August 16, 2016.
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.
22
08/18/15
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST TO ALLOW A MOVIE THEATER
FOR FOURTH AND FIFTH DELRAY (iPic Movie Theater)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
4. This conditional use request came before the City Commission on August
18, 2015. This conditional use request is to allow a movie theater for Fourth and Fifth
Delray (iPic Movie Theater) located south of Atlantic Avenue between SE 4th Avenue
and SE 61h Avenue,
2. The City staff and Applicant presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request to allow a
movie theater for Fourth and Fifth Deiray (Pic Movie Theater). All of the evidence is a
part of the record in this case. Required findings are made in accordance with Sections
I and II.
1. COMPREHENSIVE PLAN -
a. Comprehensive Plan — Future Land Use Element Oblective A-1: This
objective requires that the property be developed or redeveloped in a manner so that
the future use and intensity is appropriate and Complies in terms of soil, topographic,
and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
Is Future Land Use Element Objective A_q met?
Yes �X� No
City Commission Meeting of 8/18/15; Item 8.A.1
b. Future Land Use Mau: The resulting use of land or structures mast be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of Commercial
Core and a zoning designation of Central Business District,
Is the project's proposed location consistent with the Future Land
Use flap?
Yes X No
C. Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste, and
schools?
Yes X No
2
d. Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive Plan?
Yes X— No
il. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings (Conditional Use): Pursuant
to Section 2.4,5(E)(5), in addition to the provisions of Chapter 3, the City Commission
must determine that the conditional use will not:
L Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
iL Hinder development or redevelopment of nearby properties.
Are the requirements of Section 2.4.5(E)(5) met?
Yes X No
3. The comments and notes set. forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. 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 and testimony of experts and
other competent witnesses supporting these findings.
3
6, Based on the entire record before it, the City Commission approves X_
denies the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
this August 18, 2015 by a vote of 4— in favor and _1_ opposed.
�TIES ,� Cary D, Gli n, Mayor
Chevelle Dubin
City Clerk
Approved -as. to legal form
and sufficien
City Attorn y
Department d:
Tim S( lin / r
4
Exhibit A
I . Approval of a site plan by SPRAB that is in general conformance to the concept plan
approved as part of this Conditional Use. Any changes in site layout, access, or use
configuration will require amendment to the conditional use and approval by the City
Commission.
2. That the applicant address Pah Beach County Traffic Engineering Division's review
of the revised traffic analysis prior to approval of the site plan.
3. That the property immediately south of the subject development be acquired and
redeveloped with vehicular access to the northlsouth alley, include a public access
easement, and additional landscape area prior to issuance of a building permit.
4. That the applicant provide measures to prevent the dropping off of patrons on
Federal Highway prior to site plan approval.
5. That exterior public access is provided to the third story terrace.
6. That the Martini property be dedicated to the City of Delray Beach.
7. That there be no net loss in public parking spaces provided on the property.
8. That a security guard be posted along SE 5t" Avenue to prevent dropping off of
customers or employees.
5
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR AN INCREASE IN BUILDING HEIGHT
FOR FOURTH AND FIFTH DELRAY (iPic Movie Theater)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request came before the City Commission on August
18, 2015. This conditional use request is to allow an increase in building height to 59.5
feet for Fourth and Fifth Delray (iPic Movie Theater) located south of Atlantic Avenue
between SE 4th Avenue and SE 5th Avenue.
2. The City staff and Applicant presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for an
increase in building height for Fourth and Fifth Delray (iPic Movie Theater). All of the
evidence is a part of the record in this case. Required findings are made in accordance
with Sections I and II.
a. Comprehensive Plan — Future Land Use Element Objective A-1: This
objective requires that the property be developed or redeveloped in a manner so that
the future use and intensity is appropriate and complies in terms of soil, topographic,
and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
Is Future Land Use Element Objective A-1 met?
Yes _X No
City Commission Mtg of 8/18/15; Item 8.A.2
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of Commercial
Core and a zoning designation of Central Business District.
Is the project's proposed location consistent with the Future Land
Use Map?
Yes X No
C. Concurrenev: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements
drainage, streets and traffic, parks, open space, solid waste, and
schools?
Yes X No
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d. Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive Plan?
Yes X No
a. LDR Section 2.4.6(E) Required Findings (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission
must determine that the conditional use will not:
L Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Are the requirements of Section 2.4.5(E)(5) met?
Yes X No
b. LDR Section 4.3.4(J)(4)(b) Required Findings (increase in Height):
Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of
60' may be approved by the City Commission as a conditional use for property within
the Central Core portion of the CBD (Central Business District), except for that portion
within 150' of any zoning district which has a maximum height limit of 35', measured
from the property line of the CBD zoned property.
The City Commission may approve an increase in height to a maximum height
of 60' based upon a finding of compliance with each of the enumerated criteria listed
below.
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(ii) That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48
feet, except for the following situations:
(1) An increase in height is allowed when the increase from 48 feet to 60
feet is for the purpose of accommodating residential use on the top
floor of the structure; however, the increase in height is only for the
added residential use area.
(iv) That the increase in height shall be allowed if two or more of subsections
4.3.4(J)(iv)(1), (2) or (3) are met:
(1) That for each foot in height above 48 feet, an additional building
setback of two feet is provided from the building setback lines
which would be established for a 48 -foot tall structure. The
additional setback is required from all setback liens (i.e., front, side,
and rear) for the portion of the building that extends above 48 feet.
In lieu of this setback requirement, buildings in the CBD zone shall
adhere to the setback requirements of that district;
(2) That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking);
(3) That open areas, such as courtyards, plazas, and landscape
setbacks, be provided in order to add interest and provide relief
from the building mass.
Are the requirements of LDR Section 4..4(J)(4)(b)(ii) and (iv) met?
Yes X No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
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in the record including but not limited to the staff reports and testimony of experts and
other competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _X
denies the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
this August 18, 2015 by a vote of —3_ in favor and 2 opposed.
`TTE5T�i , Cary D. Glic ein, Mayor
Chep elle Nubin
City Clerk
Approved';as to logal form
and sufficiency:
City Atkorney
Department Mead:
VTim Vii# s!
m r
E
Exhibit A
1. Approval of a site plan by SPRAB that is in general conformance to the concept
plan approved as part of this Conditional Use, Any changes in site layout,
access, or use configuration will require amendment to the conditional use and
approval by the City Commission.
2. That the applicant address Palm Beach County Traffic Engineering Division's
review of the revised traffic analysis prior to approval of the site plan.
3. That the property immediately south of the subject development be acquired and
redeveloped with vehicular access to the north/south alley, include a public
access easement, and additional landscape area prior to issuance of a building
permit,
4. That the applicant provide measures to prevent the dropping off of patrons on
Federal Highway prior to site plan approval.
G