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09-04-07 Minutes RegSEPTEMBER 4, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:01 p.m., Tuesday, September 4, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman of Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is a revised Board Order for Item 9.C., Appeal of Site Plan Review and Appearance Board Decision/Kentucky Fried Chicken. Mr. Eliopoulos requested that Item 8.B., Acceptance of Right-of--Way Deed/238 S.E. 7`h Avenue of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of August 21, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 09/04/07 Mr. Eliopoulos moved to approve the Minutes of the SpeciaUWorkshop Meeting of August 28, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Sickle Cell Awareness Month -September 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the month of September 2007 as Sickle Cell Awareness Month. Paul Sagett came forward to accept the proclamation and he gave a few brief comments. 7. PRESENTATIONS: 7.A. Employee Suggestion Award to Fire-Rescue Lieutenant David Brassard -Fire-Rescue Department Richard Hasko, Director of Environmental Services, stated Fire Inspector Lieutenant David Brassard had the opportunity to look at the garage plans for the Old School Square Garage and there is an extension fire protection system in that facility. Mr. Hasko stated Mr. Brassard noticed that it appeared to be somewhat over designed. Therefore, Mr. Brassard reviewed the City Code requirements, etc. and suggested that the City make some adjustments, reduce the number of heads, and save the City a lot of money. Mr. Hasko stated staff went back to the Construction Manager (CM) who went back to the mechanical sub-contractor and the end result is that the City saved a little over $54,687.00 with that suggestion. David James, Fire-Rescue Chief, presented Lieutenant Brassard with a check in the amount of a little over $7,000.00. Chief James stated Lieutenant Brassard has brought great pride to the department and is an example of what every employee should be. Lieutenant Brassard came forward to accept the check and thanked Mr. Hasko and the City Commission. 7.B. Gateway Feature Update - Community Redevelopment Agency ~CRA) Jeff Costello, Community Redevelopment Agency (CRA), stated as everyone is aware with the Downtown Master Plan there was envisioned a gateway feature to the downtown which connected from I-95 to A-1-A. He stated the gateway feature is to signify the unification of downtown Delray Beach from I-95 to the beach. Mr. Costello stated initially there were some plans to place a structure in the right-of- way; however, FDOT was not supportive of this. Therefore, Mr. Costello stated other alternatives were looked into and a focus group was created that came up with a creative -2- 09/04/07 plan which included various monuments as you enter Delray Beach and signifies the ethnic diversity of the community and heritage. Mr. Costello stated staff is ready to present the final design of the artistic columns and with the support of the Commission they will move forward to construction drawings. Joe Gillie, Executive Director of Old School Square, stated there were actually two groups; a focus group from the City and then the focus group got smaller and was then put together by the CRA. The members of the committee are: Diane Colonna, Lula Butler, Franciso Perez-Azua, Marjorie Ferrer, Sam Mathis, Bill Branning, Nancy Davila and Joe Gillie. Mr. Gillie stated they also have an artist by the name of Michelle Newman who at the time had an exhibit at Old School Square and she is a textile and fabric person. He stated Ms. Newman is a nationally recognized artist who had her own television show on the artistic use of fabric and design. The Committee reviewed Ms. Newman's artwork and came to the conclusion that she would be great to work with. Ms. Newman went around the community and took a lot of the architectural features and worked not only amongst themselves but with the architectural firm that was hired to actually make this happen to come up with the six panels. Mr. Gillie stated there will be three monuments on either side of the street and they sit on rises so that they actually sit 30 feet in the sky and are almost 10 feet at the widest point and 3 feet thick. Mr. Gillie stated at the beginning of the gateway feature there will be two trellises and both will have the fencing that is very similar to the beach fencing and to represent the colors of the community there will be a variety of colors of bougainvillea. He stated there will be plaza at N.W. 12`h Avenue and the material is like a plastic resin that is very thick and the sidewalk will be made out of the resin and will be lit from underneath. He stated it will look like water running underneath the sidewalk. Mr. Gillie stated people like Spencer Pompey and various people who are very important to the community will be written into the sidewalk as well to represent the heritage of the community. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/SEAGATE HOTEL ON ATLANTIC AVENUE: Approve the final boundary plat for the Seagate Hotel on Atlantic Avenue Plat, located on the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (C. O. No. 1/Final) in the amount of a $10,105.00 decrease and final payment in the amount of $13,295.70 to West Construction, Inc. for the completion of the Rosemont Park Project. Funding is available from 334-4131-572-65.89 (General Construction Fund/Neighborhood - S.W. 6`'' Street - Rosemont) and 441-5161-536-65.89 (Water/Sewer Fund/Other -3- 09/04/07 Improvements/Neighborhood Park/S.W. 6th Street -Rosemont). 8.D. CONTRACT ADDITION (C.O. NO. 5)/CHAZ EQUIPMENT COMPANY. INC.:BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS PROJECT: Approve a Contract Addition (C.O. No. 5) in the amount of $9,875.00 to Chaz Equipment Company, Inc. for the addition of swales along the west side of S.W. 1St Avenue between S.W. 3`d Street and S.W. 4th Street for the Block 64 Drainage and Water Main Improvements Project. Funding is available from 448-5461-538-65.33 (Storm Water Utility Fund/Other ImprovementsBlock 64 Improvements}. 8.E. RESOLUTION NO. 49-07: Approve Resolution No. 49-07 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The caption of Resolution No. 49-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 49-07 is on file at the City Clerk's office.) 8.F. TROMBONE MAST ARM AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the City and Palm Beach County for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W. 12'h Avenue. Palm Beach County will reimburse the City in the amount of $250,000.00 for the installation of the trombone mast arms. 8.G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve an Interlocal agreement between the City and Community Redevelopment Agency for work performed by the City Attorney's Office. -4- 09/04/07 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request for the Art & Jazz on the Avenue scheduled for October 18, 2007 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. 1St Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue, and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and the sponsor will pay the City 20% for all costs over $1,000 plus the full cost of barricade rental and trash boxes; contingent upon the conditions listed in the staff report, the sponsor providing a hold harmless agreement and certificate of liability insurance one (1) week prior to the event. 8_I. SPECIAL EVENT REOUEST/HOWARD ALAN 13th ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 13t Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 22, 2007 - September 23, 2007, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, to utilize City Hall parking lot for vendor parking, authorize staff support for police traffic control and security, barricading and Fire Inspector with the sponsor paying all overtime costs; contingent upon receipt of an executed Hold Harmless Agreement. 8_J. ACCEPTANCE OF RIGHT-OF-WAY DEED/346 AND 352 N.W. 7~ AVENUE: Approve and accept aright-of--way deed between the City and Delray Beach Community Land Trust, Inc. for 25 feet in association with the construction of two (2) single family homes addressed as 346 and 352 N.W. 7th Avenue, for eligible homebuyers approved by the Delray Beach Community Land Trust, Inc. 8.K. SECOND AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a Second Amendment to the Interlocal Agreement with Palm Beach County that provides additional support to the Delray Beach Weed and Seed "seeding" efforts; Palm Beach County will provide additional funding in the amount of $100,000.00. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2007 through August 31, 2007. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Duval Ford in the amount of $23,413.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor for the Police Department. Funding is available from 501-3312- -5- 09/04/07 591-64.20 (Central Garage Fund/Automotive). 2. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $39,791.60 as a sole provider for the custom installation package to be installed on five (5) City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 3. Contract award to Brang Construction, Inc. in the amount of $559,303.00 for the construction of Bexley Trail Community Park Improvements Project. Funding is available from 380-4150-572- 63.24 (2004 G.O. Bond/Bexley Park) and 441-5161-536-63.24 (Water/Sewer Fund/Bexley Park). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/238 S.E. 7TH AVENUE: Approve and accept aright-of--way deed between the City and Dan Dietrich for five (5) feet, for S.E. 7th Avenue in association with the development of 238 S.E. 7th Avenue, located on the west side of S.E. 7th Avenue between S.E. 2°d Street and S.E. 3~d Street, within the Marina Historic District. dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the Mrs. Montague moved to approve the right-of--way deed between the City of Delray Beach and Dan Dietrich for five (5) feet for 238 S.E. 7th Avenue, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.A. CONDITIONAL USE REOUEST/VILLAGE SQUARE: Consider a conditional use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in the Southwest Area Neighborhood Overlay District in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square (fka Carver Estates), a 332 unit residential development, located on the east side of Auburn Avenue and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th Street. (Quasi- Judicial Hearin -6- 09/04/07 Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing 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. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he spoke with the applicant and received a booklet on the project. Mrs. Montague stated she met with the applicant numerous times. Mayor Ellis stated she received the booklet on the project and have spoken to the applicant several times over a long period of time. Mr. Eliopoulos stated he too has spoken with the applicant and also received the booklet. Mr. Fetzer stated he has spoken with the applicant and also to Attorney Michael Weiner. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-250 into the record. Mr. Dorling stated this is a conditional use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square, a 332-unit residential development located on the east side of Auburn Avenue and S.W. 13`h Avenue between S.W. 7`h Street and S.W. 10`h Street. He stated this is a 332-unit multifamily development with 56 of those being workforce units. Multiple family residential developments may exceed twelve (12) units per acre up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District subject to the provisions of LDR Section 4.4.6(1) and Section 4.7 (Workforce Housing). At its meeting of August 20, 2007, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. After brief discussion, the Board recommended approval with a 7 to 0 vote. Staff recommends approval. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, stated based upon the staff report they have met the burdens of substantial competent evidence and there is a recommendation of approval. With respect to the conditions of approval, Mr. Weiner stated they agree with 17 of the 18 conditions (with the exception of condition #3 regarding the left turn lane for Auburn Avenue). He stated the staff report contains approximately 70 pages of staff report with respect to the conditional use and 30 pages with respect to the waivers and internal adjustments. There is also more than 11 different standards that have to be met and with respect to those, there are numerous sub-standards. Some of those include Chapter 3 (Consistency with the Future Land Use Map) also concurrency and consistency with the Comprehensive Plan. Mr. Weiner stated there are four policies and objectives that are met. He stated they meet all the Land Development Regulations and exceed a number of them. Mr. Weiner stated their buildings are shorter than what is required (168 feet versus 200 feet) and with regard to open space they could be down to 25% and they are at 33%. They meet the development matrix and they have numerous recreation amenities. -7- 09/04/07 Rich Jones, Principal with JMWA Architects in Boca Raton, gave a brief PowerPoint presentation of Village Square. Mr. Weiner stated with respect to the Auburn Avenue bus stop they do not have any difficulty with the wording of the condition but they want to in full disclosure inform the Commission that it is not exactly on this property but would be immediately to the north of the property. He stated that property is controlled by the same people and would be put in at the same time. Mr. Weiner referenced condition #3 regarding the left hand turn lane. Mr. Weiner entered into the record a letter from Simmons & White, Inc. (Traffic Engineers). Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the conditional use request for Village Square, to please come forward at this time. Jeff Costello, Community Redevelopment Agency (CRA), stated the City of Dekay Beach and the CRA have been working for a long time with the applicant. The proposal is consistent with the Comprehensive Plan and the Southwest Neighborhood Plan and the development will continue that revitalization and stabilization in the neighborhood. There being no one else from the public who wished to address the Commission regarding the conditional use request for Village Square, the public hearing was closed. There was no cross-examination. The following individuals gave rebuttals: Paul Dorling, Director of Planning and Zoning, stated with regard to the left turn lane and stated this is not a suicide lane. He stated a suicide lane is where you share left turn movements in both directions. Mr. Dorling stated this is clearly a single use left turn lane southbound for this development and to call this a suicide lane is a little dramatic. Mr. Dorling stated with Mr. Weiner's reference to making yards smaller staff is talking about doing these improvements in the right-of--way so it is not about the yards on the development because they should not be developing inside this right-of--way area that is being discussed. Mr. Dorling stated this really does not help you carry more cars but instead it makes sure that the traffic flows smoothly. He stated if you do not have a turn lane and there is excess of left turn movement what happens is people stop in the southbound lane and force everyone else to come to a complete stop while that person is making a left. Mr. Dorling stated there is daily volume for adjacent roadway, 1,000 trips per day per driveway and this one is 1,500 (50% over that volume), the allowable left turn lanes are 30% over the left turn volumes and the last criteria is the 10,000 trips. He stated this road carries about 3,000 trips and this one will generate 2,300. Mr. Dorling stated the applicant indicated that two more developments will be coming in and he feels it is prudent at this time to request the travel lane because if the development is designed -8- 09/04/07 and built without it the City cannot come back without significant disruption of the improvements that they will be paying for. He stated this is why the Planning and Zoning Board agreed with staff that this should be a condition of approval and emphasized that it is good planning to put the turn lane in at this time. Mr. Weiner stated Simmons & White, Inc. (Traffic Engineers) has come to the conclusion that stop signs are safer than left hand turn lanes. He stated the reason they had the sketch done is because they took at look at the right-of--way and no matter how they place it they will be affecting the design the Commission is currently looking at and the yards and the sidewalk area. He stated some of that is public improvement that would have to move back if they attempt to put in the lanes. Mr. Weiner stated the best thing they could do would be to have one 12 foot lane to 11 foot lanes and then they are decreasing lane sizes and compromising safety. Mr. Weiner stated with respect to people stopping if this is not a good plan for what they are doing there are four other problems on that street. He stated everyone has to come to a stop on their way in and on their way out and most of the traffic is generated coming in off Atlantic Avenue or S.W. 10`h Street and not generated internally by the residential neighborhoods that are flowing into that. Mr. Weiner stated by the time people reach the fifth stop sign which is the three-way stop sign they propose everyone is used to doing that. He stated according to the letter that is what puts the space in traffic that allows for a decrease in conflicting movements. Mr. Weiner stated the traffic engineers believe that this only increases conflicting movements which means that someone is turning in front of another person while that other traffic is moving across that intersection. He stated it is a safety issue as well as an issue that would be difficult to construct. Mr. Weiner stated it would be the only place that they are talking about this on Auburn Avenue and it would not necessarily do anything other than attempt to increase traffic in a very small segment of that particular residential 25 mph street. Mr. Eliopoulos asked that staff show the Commission where this area is. Mrs. Montague asked if the proposal is that the three-way stop signs be placed in-lieu of the left turn lane. In response, Mr. Weiner stated that this is correct. Mrs. Montague asked staff if there are other stop signs located along Auburn Avenue and S. W. 12`h Avenue. Mr. Dorling stated he is not aware of any new ones and noted that the three-way stop being introduced this evening is new information. Mr. Dorling stated the City of Delray Beach has discouraged using stop signs for traffic enforcement for many streets throughout the community. Mr. Eliopoulos asked if staff is suggesting a street light. In response, Mr. Dorling stated staff is not suggesting a street light in this location. Mrs. Montague asked what areas have signals and/or stop signs. The City Manager stated the traffic signal is at S.W. 10`h Street; however, 10`h Street stops at the cemetery and does not continue north. He stated there is no signal where Auburn Avenue comes out to 10th Street and believes there are four way stops at 2nd and 4`h Streets as you go down 12th Avenue. -9- 09/04/07 Mrs. Montague asked what the other developments will bring in if this is going to come in at 1,500 trips per day. Mr. Dorling stated staff will not know until those specific site plans are brought in and that's not germane to this decision but the overall traffic generation is because then it would affect the overall capacity of the road. Mrs. Montague asked if this project is going to bring in 1,500 trips per day. Mr. Dorling stated this is actually 2,554 and there are two entrances and they are splitting the traffic volume and the highest volume of 1,500 is at this entrance and thus the reason staff has asked for the turn lane. Mr. Dorling stated those three criteria are used by the County at which point when you reach those you do not have a choice because you need to provide it and that is not to assume that if you are less than that then, you do not have to provide it. Mr. Dorling stated this is why staff has taken this approach. Mr. Eliopoulos asked with this proposal if there are going to be stop signs no matter what. Mr. Dorling stated if you have an exclusive left turn lane that allows someone to sit there and not impede traffic going north or south until it is appropriate for them to turn and you would not necessarily need stop signs at this intersection. The City Manager stated there are stop signs coming out of the development but nothing on Auburn Avenue. 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). It was the consensus of the Commission to approve the Board Order with all 19 conditions and that condition #5 be modified to state "That a bus shelter easement(s) shall be provided at a location to be determined by the SPRAB Board and that a bus shelter is installed simultaneously with Village Square Development. The City will provide detail on the bus shelter." Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis =Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS AND INTERNAL ADJUSTMENT REOUEST/VILLAGE SQUARE: Consider an internal adjustment to the Land Development Regulations (LDR) Section 4.4.6(F)(3)(c) for side street, and front setbacks and two (2) waiver requests to the Land Development Regulations (LDR) Section 6.1.2(C)(3)(a) "Paving Widths" to reduce the required minimum paving width for an interior road from 24' to 22' and Section 4.6.9(D)(2) "Provisions for Ingress and Egress" to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. The waiver requests are in conjunction with the Village Square, a proposed 332 unit residential development located on the east side of Auburn Avenue and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th Street. (Quasi-Judicial Hearin -10- 09/04/07 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission disclosed the same ex parte communications as Item 9.A. Paul Dorling, Director of Planning and Zoning, stated he previously entered the Planning and Zoning project file #2007-250 into the record. Mr. Dorling stated the Commission is considering an internal adjustment for one building within Village Square development from the side street and front setbacks from the internal street system and two (2) waivers, one to minimum pavement width (22' vs. 24') and the other to a requirement that parking spaces do not back out into a street carrying more than 200 ADT (Average Daily Trips). He stated the Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front setback (east side of the building) from 15' to 9'. The required findings are made in the Planning and Zoning staff report. He stated staff feels the concerns over the massing have been addressed and there is also a significant variation in the front setback to create some relief and therefore staff recommends approval of the internal adjustment. Mr. Dorling stated the waiver requests includes consideration of two waiver requests, one to reduce the required minimum paving width for an interior road from 24' to 22' and the other to waiver the requirement that vehicles enter and exit parking areas onto the street in a forward manner. Mr. Dorling stated staff recommends approval from 24' to 22' subject to a requirement in the homeowner's association that people not be allowed to park in the street. The last waiver is from the requirement that you cannot have back out parking into a street system carrying more than 200 average daily trips (ADT). He referred to some of the units that empty out onto the roadway which is actually a roadway through a parking lot. It is not encouraged that if you have a volume that you back out into it. The volume is 330 and an accommodation of that would require a total redesign of the project. Staff recommends approval of the waiver subject to the positive findings made in the Planning and Zoning staff report. At its meeting of August 20, 2007, the Planning and Zoning Board reviewed the internal adjustment and waiver requests. The Board recommended approval with a 7 to 0 vote. Michael Weiner, Attorney with Weiner & Aronson, P A , 102 North Swinton Avenue, Delray Beach (representing the Applicant), stated they concur and stated the condition in the homeowner's association documents is satisfactory. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request and internal adjustment request for Village Square, -11- 09/04/07 to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 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. McDuffie moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 50-07 CTENTATIVE MILEAGE LEVY): A resolution tentatively 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 2008. The caption of Resolution No. 50-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 50-07 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 announced Resolution No. 50-07 tentatively levies a tax on all properties in the City of Delray Beach for fiscal year 2008. The proposed millage rate for 2008 is 6.5783 mills. This resolution will set the tentative millage which can still be reduced at the second Budget Hearing on September 18, 2007 when the final millage will be adopted. The rate at 6.5783 mills is less than fiscal year 2007; the operating millage is 6.14 while the debt service millage remains at 0.43. The rolled back -12- 09/04/07 rate calculated under the TRIM law for operating purposes is 6.7527 mills. The tentative millage rate at 6.5783 mills would be 9.156% less than the rolled back rate. Mayor Ellis declared the public hearing open. Helene Miller, 2654 N.W. 7th Court Unit #D, Delrav Beach (Rainberrv Bay), stated the market value of her home went down this year; however, her assessed value and her taxable value increased. Ms. Miller stated she cannot imagine the market value going down and the assessed value going up. Commissioner McDuffie stated during the day he is the Information Technologies Director for the Palm Beach County Property Appraiser. He stated what Ms. Miller has found in her TRIM notice is what is mandated in Amendment Ten to the Florida Constitution. Amendment Ten of the Florida Constitution applies a cap on your assessed value of 3% or the Consumer Price Index (CPI) each year whichever is less. The cap goes on the assessed value not on the market value. Mr. McDuffie stated the market rate can fluctuate up and down unless it fluctuates below the assessed value. He stated if the market rate remains above the assessed value, then by the provisions in Amendment Ten to the Florida Constitution your assessed value will increase by 3% or the CPI whichever is less. He noted the CPI was 2.5% and therefore Ms. Miller's assessed value went up 2.5%. Mr. McDuffie stated the reason this went up is because it is specifically designated as such in the Constitution and the City has no choice but to raise it by 3% or the CPI whichever is less on the assessed value (automatic every year) per Amendment Ten. There being no one else from the public who wished to address the Commission regarding Resolution No. 50-07, the public hearing was closed. Mr. McDuffie moved to approve Resolution No. 50-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 51-07 (TENTATIVE MILEAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. The caption of Resolution No. 51-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY 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. -13- 09/04/07 office.) (The official copy of Resolution No. 51-07 is on file in the City Clerk's 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 announced Resolution No. 51-07 tentatively levies a tax in the amount of 0.8855 mills on all properties within the Downtown Development Authority Taxing District for fiscal year 2008. This tentative millage is less than the 0.9731 rolled back rate by 9.89%. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Resolution No. 51-07, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 51-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 52-07 (TENTATIVE BUDGET ADOPTION FOR FY 2008): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2007 through September 30, 2008. The caption of Resolution No. 52-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE lsc DAY OF OCTOBER, 2007, TO THE 30tH DAY OF SEPTEMBER, 2008; 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. 52-07 is on file in the City Clerk's -14- 09/04!07 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. 52-07 makes tentative appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period from the 1St day of October, 2007 to the 30th day of September, 2008. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Resolution No. 52-07, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 52-07, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Eliopoulos returned to the dais. 10.D. ORDINANCE NO. 34-07 (FIRST READING/FIRST PUBLIC HEARINGI: Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", to permit the use of parking lifts. If passed, a second public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 34-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. -15- 09/04/07 (The official copy of Ordinance No. 34-07 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. Eliopoulos declared a conflict of interest and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated the item before the Commission is to allow parking lifts for in-fill development in the Central Business District (CBD). Along standing challenge to facilitating in-fill development in the CBD has been the provision of sufficient parking. The lifts are used for the non-residential component of the mixed use development or for the commercial component for up to 50% of their required parking for that commercial component. The lifts must be incorporated into buildings and shielded. Buildings must have three sides and the roof to screen them appropriately and to contain some of the noise. He stated there must be a parking attendant to use the lifts at all times if that commercial component is operating on the spaces below the lifts and spaces on the lifts themselves must be operated by a parking attendant. He stated any developer doing this must enter into a contract or an agreement with the City that would be recorded with the County to show that the attendant must be on-site at all times that those lifts are being utilized to meet that parking. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment to meet these criteria in accordance with Policy C.4-1 of the Future Land Use Element in that it encourages the revitalization of the CBD by addressing, among other things, incentives for mixed-use development, rehabilitation of the district and accommodating parking needs through innovative actions. The Community Redevelopment Agency (CRA), West Atlantic Redevelopment Coalition, Pineapple Grove Main Street Board and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board and Downtown Development Authority, at their respective meetings, both recommended approval in a 6- 1vote (David Cook dissenting). Mr. Aronson stated staff recommends approval of the text amendment. Mrs. Montague asked if this works like New York. Mr. Aronson stated this is a single level lift so one car drives onto a platform and it lifts up and then another car would park underneath it. He stated staff has asked for a solid platform as opposed to a service lift so that there is no access to the motor area (the car below) in case of any condensation from air conditioners, leaky oil, fluids, etc. should not leak down to the car - 16- 09/04/07 below it. Mrs. Montague asked if the owner of the property maintains the lifts. Mr. Aronson stated the ordinance will require regular maintenance schedules and at all times this is to prevent any noise from ungreased tracks and they must comply with Chapter 99 of the City's Code with respect to noise. Mrs. Montague asked if this becomes a Code Enforcement issue if they do not comply and how this gets monitored. Mr. McDuffie stated if the property were to sell then the buyer may have the option to use these or provide alternative parking. He asked if they are totally surface mount where they can be removed and taken off-site. Mr. Aronson stated they are surface mount and can be removed if they meet those requirements for the commercial parking. He stated as long as those spaces are required, they would need to have a parking attendant. He stated that the intent of the agreement is to make sure they know they need to have a full-time parking attendant. Mayor Ellis asked if this is a solution to in-fill development and the required parking that would be associated with this. Mr. Aronson stated given the size of the in-fill lots in the City historically are usually 50 feet by 100 feet. He stated they are rather small and a double loaded parking bay requires a 60 foot width to include the landscaping and parking spaces. Mr. Aronson stated it is very difficult to purchase the property based on the real estate costs in the downtown and to build anything where a developer would get a return on an investment. He believes it is a solution for certain development at some point in the future. A solution to be further taken outside of the Central Business District (CBD); however, at this stage staff recommends to look at the in-fill because this is a crucial component in completing the streetscape throughout the CBD. Mrs. Montague inquired about the spaces themselves and asked if these are limited to only the persons that are accessing the building. Mr. Aronson stated the lifts must be provided in the buildings for the uses they serve and should be for the patrons of that use. Mr. Aronson stated this is the developer's parking and does not think he would want outsiders parking in there and not having the appropriate spaces for those who wanted to use the property. From an owner's standpoint, he himself would want to limit that to make sure that his visitors and guests to his tenants would be available. Mr. Aronson stated he would imagine this as the employee parking because as a former attendant you do not want to be pulling the cars out and using the lifts up and down all day long. Therefore, Mr. Aronson stated whoever comes in the morning would be an employee who would be there most of the day that car would go on a lift and maybe the spaces underneath would be used for others. He stated staff has incorporated into the ordinance two staging spaces so that while they are maneuvering cars while they have to move a car to get a car off a lift they have to accommodate that car on their property so the car does not end up in the alley or right-of--way. Mr. Aronson stated the lifts are on hydraulics so that is there is a power failure just release the locking mechanism and they will slowly come down. He stated this is innovative and a mechanism to provide parking and now two cars will be put in one space. He stated they have incorporated into the building front a reverse parapet that would come down so there would only be the view of the bottom level. Mr. Aronson stated he cannot assure that the parking will be 100% -17- 09/04/07 screened. At some point, if someone is near the facility they will see it but for general purposes while driving or walking by you probably would not see the lifts. Mayor Ellis stated the City has been dealing with the employees of businesses taking up the prime parking spaces for years. Mr. Aronson's point about satisfying the employees of businesses parking dilemma is a very strong argument. Mayor Ellis declared the public hearing open. Mike Covelli, Covelli Designs, 5000 T-Rex Avenue #150, Boca Raton, asked the Commission to look around the town and they will notice a lot of buildings that have parking under the first floor. He stated these lifts are designed where it is only a single level where you put one car on the lift and it lifts up and another car goes under. He stated say an office building has 20 spaces 50% of those spaces have to remain surface parking so 10 of those 20 required spaces are going to have to be surface parking. However, Mr. Covelli stated you can take the other 10 spaces and put 5 of those spaces in lifts and delete the other 5 spaces. He stated for every space that you put a lift in there is a requirement that you have to provide 75 square feet of additional green area over and above the amount of required green area. Mr. Covelli stated this is an alternative to parking and noted that this is not the New York style lifts but is rather a very simple self contained unit that fits in an existing parking space. He stated the lifts can be installed on existing asphalt, concrete, and other existing surfaces and removed at a later time if someone so chooses. There being no one else from the public who wished to address the Commission regarding Ordinance No. 34-07, the public hearing was closed. Mr. McDuffie moved to approve on First Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 35-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(G)(1), "Central Business District (CBD)", to clarify parking requirements for hotels and motels in the Central Core Area. If passed, a second public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 35-07 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 CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING -18- 09/04/07 DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION G, "SUPPLEMENTAL DISTRICT REGULATIONS," SUBSECTION (G)(1), "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS WITHIN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-07, the public hearing was closed. Scott Aronson, Parking Management Specialist, stated this item has been initiated by the Community Redevelopment Agency (CRA) and in the recent RFP for the old library site and in going through the Code staff realized that the parking requirements in the original Downtown Development Authority (DDA) area which is described by Swinton Avenue on the west, the Intracoastal on the east, N.E. 1St Street on the North, S.E. 1St Street on the South. He stated all non-residential uses except restaurants are at one space per 300 feet of floor area and in a hotel that would include the hotel room. Current regulations for hotels outside of the original DDA area are 0.7 spaces per room plus outside the CBD are ten spaces per 1,000 square feet for ancillary uses such as meeting rooms, offices, restaurants, etc. The Downtown Master Plan which was adopted in 2005 calls for looking at using shared parking and not using excess of parking. Mr. Aronson stated the original petition was for this throughout the CBD (Central Business District) and staff is concerned with expanding this beyond this original DDA area. Mr. Aronson stated this was reviewed by the Parking Management Advisory Board, Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and Pineapple Grove Main Street (PGMS) Board and they all recommended approval. Mrs. Montague moved to approve Ordinance No. 35-07 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -19- 09/04/07 10.F. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A) of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. office.) The caption of Ordinance No. 33-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 9b.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one else who wished to address the Commission regarding Ordinance No. 33-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 33-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 32-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2007. The caption of Ordinance No. 32-07 is as follows: -20- 09/04/07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE ON OR BEFORE SEPTEMBER 30, 2007; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 32-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 26-07: City initiated amendment to the Land Development Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures for handling and processing requests for accommodation from the Land Development Regulations. The caption of Ordinance No. 26-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO PROVIDE PROCEDURES FOR HANDLING AND -21 - 09/04/07 PROCESSING REQUESTS FOR ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 26-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 26-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 26-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague.- Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.B. From the Public. 11.B.1. Bill McDonough, 345 S.E. 7th Avenue, Delray Beach, stated he has lived in Delray Beach for 60 years and noted that 37 years ago he and his wife bought a 1926 house in the 300 block of S.E. 7th Avenue and then purchased a house on the Intracoastal across the street (345 S.E. 7th Avenue). He stated approximately 12 years ago they tore down the old house and built a 2,600 square foot house and went through all the regulations. Since then, he stated two-story houses were built next to them on the north and three on the south. He stated these five mansions were built on property that was once homesteads for three nice size homes and yards. These original homes were then torn down and provided opportunists to come in and build monster homes to sell for big profits and they are no longer here in Delray Beach. Mr. McDonough stated they are now settled with restrictions that are very unreasonable and in their case they cannot build a standing house larger than what they have right now according to the requirements of the new code. He stated that this is very unfair and suggested that the entire 300 block be taken out of the historic district because there are no historic homes in this block. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and -22- 09/04/07 At this point, the time being 7:48 p.m., the Commission moved to Item 9.C. 9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/KENTUCKY FRIED CHICKEN: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding signage for Kentucky Fried Chicken, located at 360 Linton Boulevard. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is for City Commission consideration of an appeal to the decision made by the Site Plan Review and Appearance (SPRAB) on July 25, 2007, pursuant to the request by the agent to the owners of the Kentucky Fried Chicken located at 360 Linton Boulevard. Mrs. Butler stated KFC applied to SPRAB to amend the Master Sign Program that was created back in January 1993 to add flat wall signs to three different elevations on the building. She stated staff recommended that SPRAB continue to support the Master Plan Sign Program that was in place allowing for flat wall signs on the north elevation which faces Linton Boulevard. KFC agreed with that; however, they applied to have a larger sign than what was approved. Staff also recommended that the sign be consistent with the size of the window to maintain the architectural elevation. Staff recommended reducing the size from a little over 37 square feet to 26 square feet. Staff recommends the City Commission uphold the decision by SPRAB with regard to this sign. James Storm, original Architect on the restaurant, (representing Applicant Juan Gavilan and Juan Carlos Gavilan both the original owners), requesting a reconsideration in the reduction in the size of the sign. He stated he believes the decision was made based on aesthetics. The window was there and he had to reduce the width of the window from 5' 8" wide to 4' 6" wide to line up with the window. He stated had they had known that when the site plan was submitted, they would enlarge the window but they thought the site plan was approved as presented with the signage and noted the standard size sign was actually ordered. Mr. Storm stated aesthetically he understands the reasoning but feels it looks as nice the way it is. He stated by reducing the sign it did make it shrink quite a bit in size which is well below what they are allowed to have in terms of square footage. He urged the Commission to reconsider SPRAB's decision. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. - 23 - 09/04/07 Alice Finst, 707 Place Tavant, Delray Beach, stated she attended the SP1tAB meeting when this was discussed and noted that the Board is doing a fine job. She urged the Commission to look at SP1tAB's decision and there were definite concerns about if this would set a precedent for the rest of the street, the rest of the properties, how it impacts adjacent properties. Mrs. Finst urged the Commission to support SP12.AB's decision. Juan Gavilan, Kentucky Fried Chicken (Applicant), stated SPRAB talked about setting a precedent about having signs on the lateral side of the building where the gas station is and the other restaurants are. He stated the restaurants are allowed to have a sign on the front of the building facing Linton Boulevard so by having signs on the side they would set a new precedent. However, Mr. Gavilan stated this is not what they are asking for. Mr. Gavilan reiterated that SPRAB stated that Mr. Gavilan would set a precedent if the signs were on the sides of the building and what they are saying is on the front of the building where the sign is reduced they just want to get it to the standard size. He commented that everyone else has a sign on that street. Mr. Gavilan stated they would not be setting any new precedent and they are not breaking any new rules according to the Master Sign Agreement. Mr. Storms stated Mr. Gavilan's concern was not so much the portion of the sign but was more the fact that they wanted multiple signs. There was no cross-examination. There was no rebuttal from staff. The City Attorney noted that the proposed order will be modified because if the request is to not change the number of signs but is only the size of the sign she will address this in the Board Order so it would be to allow a larger sign than permitted but not an extra sign. Mr. Eliopoulos stated he supports SPIZAB's decision. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Montague moved to adopt the Board Order as presented (appeal denied) seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the amended Special Event Policies and Procedures with an effective date of October 1, 2007. -24- 09/04/07 Robert A. Barcinski, Assistant City Manager, stated this is the final draft amended Special Event Policies and Procedures. He stated a couple of changes were made that Commission requested at the Workshop and is now before the Commission for their consideration. Mrs. Montague stated because this is such a dramatic change to the Special Events Policy and Procedures, she asked if it should be written into the policy that the Commission review this in one year. Mr. Barcinski stated this does not have to be written in the policy but if this is the wish of the Commission it is something that should be reviewed every few years. Mrs. Montague suggested that the Special Events Policy and Procedures be reviewed in one year and then at that time the Commission can make recommendations to have it updated every two years. Mr. Eliopoulos commented about only one major event will be allowed per month and asked if this is something new. In response, Mr. Barcinski stated this has been in the Special Events Policy and Procedures since the beginning. Mr. Fetzer moved to approve the Special Event Policies and Procedures, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.E. S_PECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO CENTER: Consider approval and endorsement of the 2" Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to approximately 10:30 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and authorize staff support for traffic control, barricade set-up/removal, trash removal and clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian Drive to A-1-A from 8:00 a.m. until approximately 11:00 a.m.; contingent upon receipt of a certificate of liability insurance and an executed Hold Harmless Agreement. Robert A. Barcinski, Assistant City Manager, stated this is the 2°a Annual run for Miracles. The Milagro Center is the sponsor and the event is scheduled for January 6, 2008 from 7:30 a.m. to approximately 10:30 a.m. The Commission has asked to grant the temporary use permit for the closure of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. for setup and use, authorize staff support for traffic control, barricading and clean up, use of half of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 11:00 a.m. The estimated overtime cost for this event is $2,985.00, stage rental $265.00, and barricade rental $150.00. Based on staff recommended event policy changes, this amount would be approximately $1,610.00 to the event sponsor. Staff recommends approval as well as the condition on the receipt of a Certificate of Liability -25- 09/04!07 Insurance and an executed Hold Harmless Agreement. Mrs. Montague moved to approve the 2°d Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to 10:30 a.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. CALL TO ARTISTS/DEL IDA NEIGHBORHOOD PARK: Consider approval of a request to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The proposed art will be ecologically and environmentally friendly. Funding is available from the Public Arts Program fund. Richard Hasko, Director of Environmental Services, stated this item is for Commission approval to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The park is approximately 13,000 square feet. Ecologic or Environmental Artist and/or Artist Lead Teams will be asked to celebrate the unique South Florida ecosystems utilizing the landscape archetype of labyrinth as a creative starting point. The total cost will be $45,000.00 and the funding is available in the Public Arts Program Fund. Mrs. Montague moved to approve a request to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.G. RESOLUTION NO. 48-07: Consider approval of Resolution No. 48-07 authorizing the issuance of Water and Sewer Bonds (Series 2007) in the aggregate amount of $9,000,000.00 and authorizing the sale of such bonds to Branch Banking and Trust at a rate of 4.410% for a term of 15 years with no penalty for early pre-payment. The caption of Resolution No. 48-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING AN ELEVENTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2007 (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,000,000 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS -26- 09/04/07 TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39- 88, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 48-07 is on file in the City Clerk's Joseph Safford, Finance Director, stated Resolution No. 48-07 authorizes the issuance of $9,000,000 worth of Water and Sewer Bonds. In December 2006, the South Central Regional Wastewater Treatment Board (SCRWTB) approved a project to expand their plan for reclaimed water use and to do some Deepwell Injection Projects totaling approximately $18,000,000. He stated the City's share is $9,000,000 and that Board Commission came before the City Commission and they have been approved by the City Commission and this is the financing for the project. Mr. Safford noted a correction to the Agenda and stated the interest rate should be 4.410% not 4.418%. Staff recommends the authorization of the sale of Delray Beach Water and Sewer Revenue Bonds Series 2007 in the principal amount of $9,000,000 to Branch Banking and Trust at a rate of 4.41 % for a term of 15 years with no penalty for early pre-payment. Mr. McDuffie moved to approve Resolution No. 48-07, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.H. SETTLEMENT OF`FER/NUANCE SEME V. THE CITY: Consider a Settlement Offer in the amount of $72,000.00 in Nuance Seme v. the City. Staff recommendation is acceptance subject to the receipt of the appropriate releases. The City Attorney stated this is a settlement offer in Nuance Seme v. the City of Delray Beach which involves an automobile accident where one of the City employees driving a front end loader impacted the rear of Mrs. Seme's car. The settlement is in the amount of $72,000.00 and there is alleged damage to her back and -27- 09/04/07 there is no proof otherwise. Therefore, staff recommends acceptance of the settlement offer in the amount of $72,000.00. Mr. Eliopoulos moved to approve the Settlement Offer in the amount of $72,000.00 in Nuance Seme v. the City of Delray Beach, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Jan Kucera-Winney as a regular member to the Historic Preservation Board to serve a two (2} year term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Johnny Kincaide as a regular member to the Site Plan Review and Appearance Board to serve an unexpired term ending August 31, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:12 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 39-07: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for changes in residential, nonresidential, and irrigation rates for FY 2008. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 39-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE -28- 09/04/07 OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 39-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 40-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 40-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -29- 09/04/07 12.C. ORDINANCE NO. 41-07: 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 increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.6% for FY 2008. If passed, a public hearing will be scheduled for September 18, 2007. office.) The caption of Ordinance No. 41-07 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 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mrs. Montague moved to approve Ordinance No. 41-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 42-07: An ordinance amending Chapter 50, "Utilities Generally: Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 42-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. -30- 09/04/07 office.) (The official copy of Ordinance No. 42-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Manager stated in previous discussions of this staff talked about a half percent increase but it is actually .3 percent for electricity and 1.3 percent for natural gas and the fuel oil is proportionate to that. Mr. Eliopoulos moved to approve Ordinance No. 42-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 36-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 36-07 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, BY AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3, "SINGLE -31- 09/04!07 FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 36-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated staff is constantly reviewing case law as it applies to certain regulations that we have. She stated the last one the Commission just voted on was a result of a Tampa case that required specific mention of overlay districts. The City Attorney stated this one is in response to other cases that staff has come upon recently so staff is trying to keep it as up-to-date as possible. Paul Dorling, Director of Planning and Zoning, stated the case the City Attorney is referring to found that if you had a too vague or overbroad definition it could result in overturning the current adult entertainment ordinance. Therefore, Mr. Dorling stated this is a preventative action to very specifically identify those specific definitions. At its meeting of August 20, 2007, no one from the public spoke on this issue. The Board recommended approval with a 7 to 0 vote. Mrs. Montague moved to approve Ordinance No. 36-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 37-07: City initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 37-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -32- 09/04/07 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The caption of Ordinance No. 37-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. McDuffie moved to approve Ordinance No. 37-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for irrigation. The caption of Ordinance No. 43-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF' THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.13, "APPROVED USES OF RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-07 is on file in the City Clerk's office.) -33- 09/04/07 The City Attorney read the caption of the ordinance. Work Session. The City Manager stated this is the ordinance that staff will discuss in the Mr. Eliopoulos asked what in essence their cost is and whether or not they will be purchasing a meter or if the City will actually give them a meter and then they have to bring their service to the meter. Richard Hasko, Director of Environmental Services, stated the way the ordinance is currently written, connection will be required with this proposal within 90 days of being made available. He stated this ordinance is different from the City's water ordinance in that there are no connection fees or deposits. Mr. Hasko stated essentially other than the potential for having to pay a plumber to connect their irrigation system to the reclaimed service there is virtually no cost. Mr. Fetzer moved to approve Ordinance No. 43-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis ,- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 12.H. ORDINANCE NO. 44-07: Consideration of an amendment to the Land Development Regulations (LDR), Section 2.4.3(x)(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 44-07 is as follows: office.) 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 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION 2.4.3(x)(1), "DEVELOPMENT APPLICATIONS", TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is part of the increase that the Commission considered at the meeting of August 21, 2007. At that -34- 09/04/07 time, the Commission had brief discussion about reducing the fee from $500.00 to $250.00. He stated with the Historic Preservation Board (HPB) variances are used as an incentive for relocating historic structures and we do not want to make it cost prohibitive. Mr. McDuffie moved to approve Ordinance No. 44-07 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he gave the Commission some additional thoughts regarding the budget this evening which can be discussed at the September 18, 2007 Meeting. He stated if the Commission has other questions or ideas between now and then to let him know because staff will need to advertise something prior to the final hearing. The City Manager stated staff can make adjustments and this can always be amended on September 18, 2007. Secondly, the City Manager stated he had a discussion with Paul Dorling, Director of Planning and Zoning, today in the Agenda Prep Meeting. They would like to defer further discussion of the Historic Preservation ordinance until the October Work Session. The City Manager stated Mr. Dorling is still working on options and alternatives that they would like to present to the Commission at that Work Session. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.3. Mr. McDuffie Mr. McDuffie submitted numerous petitions he received from residents and non-residents regarding dogs on the beach to the City Clerk for the record. -35- 09/04/07 13.C.4. Mrs. Montague Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.5. Manor Ellis Mayor Ellis reminded the Commission that normally at this time of year there is an annual performance review for the City Manager and the City Attorney. She stated any changes would need to be handled at the next Regular City Commission Meeting of September 18, 2007 in order for the changes to be effective October 1St Mayor Ellis encouraged the Commission to sit down with the City Manager and the City Attorney to discuss any performance issues they may have and noted that this will be an Agenda item for September 18, 2007. There being no further business, Mayor Ellis declared the meeting adjourned at 8:31 p.m. T City Clerk ATTE ~~Q.~ MAYOR 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 4, 2007, which Minutes were formally approved and adopted by the City Commission on September 18, 2007 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. -36- 09/04/07 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR VILLAGE SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on September 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Village Square. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. 1. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent- with the future land use .map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 5 No 0 b. Concurrency: 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 Ciry to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 1 +~ ~~ (~ !\ II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Used: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. 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. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 b. Performance Standards for Density Increase: Does- the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes 5 No 0 c. Consistency with Article 4.7 (Workforce Housing): Is the development consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the LDR's in order to allow the applicant a density bonus? Yes 5 No 0 The total density, based upon (b) and (c), is 18.04 dwelling units per acre. 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, testimony of experts and other competent witnesses supporting these findings. 2 6. Based on the entire record before it, the City Commission approves X denies 0 the conditional use request subject to conditions attached hereto and hereby adopts this Order this day of September, 2007, by a vote of 5 in favor and 0 opposed. ~1 ita Ellis, Mayor A T: s ~+. - tp Chevelle Nubin City Clerk 3 CONDITIONS 1_ Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and '~ addresses the "Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 2. That a plat must be processed and recorded prior to issuance of a building permit; 3. That the applicant provides a southbound left turn lane at the north entrance within Auburn Avenue; 4. That paver-block raised speed tables or another type of traffic calming device be provided along SW 12`~ Avenue and SW l3`h Avenue; 5. That a bus shelter easement(s) shall be provided at a location to be determined by the SPRAB Board and that a bus shelter be installed simultaneously with Village Square Development. The City will provide detail on the bus shelter; 6. That the location of the 56 workforce housing units be clearly depicted within each building in the site plan; 7. That the workforce housing units are sold in accordance with Articie 4.7.7; 8. That the portion of Auburn Avenue between SW 7`h Street and SW 8`s Street including a five foot {5') wide sidewalk easement shall be dedicated and executed as part of the plat for the proposed development; 9. That a five foot (5') right-of--way dedication is required for the south side of SW 8`h Street and shall be noted on the proposed development plans and be executed as part of the platting process for the proposed development; 10. That the portion of right-of--way for SW 8`h Street located between SW 13`h Avenue and SW 12~' Avenue shall be abandoned or the site plan modify accordingly; 11. That a five foot (5') right-of--way dedication is required for the west side of SW l3`h Street and shall be noted on the proposed development plans and be executed as part of the plat for the proposed development; 12. That the Home Owner's Association documents contain a prohibition on the parking of vehicles within the interior street system and that a copy of such document be provided to the City; 13. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with workforce requirements of LDR Section 4.7 and recorded in the Public Records of Palm Beach County; 14. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices; 15. That no amendments to the covenants shall be made unless by written instrument approved by the City; 4 16. That floor plans for the condominium buildings shall be revised to comply with the minimum area of 1,250 sq. ft. required for three bedroom units and that the footprints for the condominium buildings shall be revised in the site plan and landscape plan; 17. That no lot premiums be charged on the workforce housing units and that all workforce housing units shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard.features; 18. That a composite utility plan be provided with the site plan application; and 19. That the floor plans for the townhouses denote adequate space for trash, recycling, and storage area in the garage in addition to the parking space. 5 LDR Section 4.4.6(1) (I) Performance Standards: `,' (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exis#s into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those Tower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. 6 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to .preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2} It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as .the prevailing development pattern of the surrounding area. 7 1N THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER AND INTERNAL ADJUSTMENT REQUESTS FOR VILLAGE SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The internal adjustment and waiver requests have come before the City Commission on September 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the internal adjustment and waiver requests for the Village Square Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and I1. I. INTERNAL ADJUSTMENT: Pursuant to LDR Section 4.4.6(F)(3)(a), Building TH-2 within Village Square does not meet the required side street and front setbacks from the internal street system/access tract. The applicant has requested an internal adjustment to reduce the building setbacks as follows: • Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front setback (east side of the building} from 15' to 9'. Pursuant to LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. Does the internal adjustment request meet the requirements of 2.4.7(C)(5)? Yes 5 No 0 I!. WAIVER: Pursuant to LDR Section 4.6.9(D}(2), adequate maneuvering- area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. The applicant has requested a waiver to this section. 1 I~e~q~ Pursuant to LDR Section 6.1.2(C){3){a), the minimum paving width for an interior road is 24 feet. The applicant has requested a waiver to reduce the width from 24 feet to 22 feet. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the maneuvering area waiver request meet all the requirements of 2.4.7(6)(5)? Yes 5 No 0 Does the minimum paving width waiver request meet all the requirements of 2.4.7(8}(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves 5 denies 0 the internal adjustment request to LDR Section 4.4.6(F)(3)(a) and waiver requests to LDR Sections 4.6.9(D)(2) and 6.1.2(C)(3)(a) subject to the condition that Homeowners Association documents provide that there will be no parking in the street. 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4~' day of September, 2007, by a vote of 5 in favor and 0 f opposed. ATTEST: Ri a Ellis, Mayor Cheveile Nubin, City Clerk 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the denial by SPRAB of a request for an exception to the Master Sign Program, for the KFC restaurant on Linton Blvd., to allow a larger size sign than permitted for SPRAB under the Master Sign Program (LDR Section 4.6.7(F)(2)(b)). This appeal comes before the City Commission on September 4, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial by SPRAB of an exception to the Master Sign Program. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. !. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Pursuant to Section 4.6.7(F)(2)(b), the Master Sign Program provides that the intent of the sign code be maintained and the character of the community not be diminished. Would granting the waiver meet this requirement? Yes 0 No 5 3. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. ~~rm ~i. r. 4. Based on the entire record before it, the City Commission approves denies X the appeal -and hereby adopts this Order this 4~' day of September, 2007, by a vote of 5 in favor and 0 opposed Rita Ellis, Mayor ATTEST: A o ~~ ~ ~ . ~`~~~ iv Chevelle Nubin City Clerk 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ':OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,JANE-FIRST NAME--MIODIE NAME NAME OF li0AR0. COIXJCU., COMMISSION, AtITFIOFtITY, OR CpMM~J7EE 'sliopoulos, Gary P. Delray Beach City Commission MAILING ADDRESS THE BOARD, COLINGl. COMMISSION. AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard wracrllsERVEISauNrroF: u~i - couNTY Delray Beach., Florida 33444 Palm Beach DATE ON WHICH VOTE OCCURRED September 4, 2007 ;~[ ~' O couNTY o OTHER LOCAL AGENCY NAME OF POLITICAL. SUBDMS~IJ: MY POSITION IS: - $! ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented-with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly.depending on whether you hold an elective or appointive position: For this reason, please pay dose attention to the instnlctions on this form. before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES arson hdding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which s to his or her special private gain: pr loss. Each elected or appointed .local officer also is prohibited fromknowingly votingon a mea- _ ire which inures to the spedal gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate princlpal by which he or she is retained); to the special private gain or loss of a relative; or to the specal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F_S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-iMaw, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and . WITHIN 15 DAYS-AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the-form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you ust disclose tiie nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made •~ou or at your di~eciion. JU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1!2000 ITEM 8 . C = ITEM 9 . A. A. PACE ~ APPOINTED OFFICERS- (continued) • A oopy.of:the form mustbe provided immediafely to the-other members of the agency- ;x • The form must be read publicly at the ngxt meefi~g alter the #orm is filed. IF YOU MAKE NO ATTEMPT TO INFUiENGE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measyre~ before particlpating.. . • You must oompiete the form and file it wrthi~ 15-days after the vote occurs with the, persori responsible for recording theminutes of:the - meeting, who must incorporate the form in the minutes.:A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting afterthe form is filed. DISCLOSURE OF LOCAL OFFICER'S. INTEREST I, Gary P. Eliopoulos ,hereby disclose that on September 4 , 20, 07 (a) A measure came or wilt Dome before my agency tiiirhich (check one) _ inured to my special private gain or loss; ~: inured to the special gain or loss of my business associate, Kites ~ F.l i nnrni l nc Arrh i t Pr tom., p - A inured to the speclat gain or loss of my relative, - inured to the special gain orloss of , by .whom 1 am retained; or _ inured~to the special gain orloss~.of , . ~ ,.: ,which is the parent organization or subsidiary of a ,principal which has. retained me. i (b) The; measure before my: agencyand the nature of my conflicting interest in the measure is as follows: Date Filed Signature ,~ u NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR ANO MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:JMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A C1VILPENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR _ COUNTY, MUNICIPAL, AND OTHER. LOCAL PUBLIC OFFICERS VAME--FIRS7NRME--MIDDLE NAME NAME OF 80ARD. COUNCIL, COMMISSION, At1THORITY. OR Cf)MMITTEE iopoulos, Gary P. Delray Beach City Commission tAIUNG ADDRESS TFIE BOARD: COUIdCQ; COMMISSION. AU1'FiORrfY OR COMMnTEE ON 205 George Bush Boulevard WFUCFIISERVEISAUNrroF: cxnr ~ COUNTY ~' ^ couNTY o o7HER LOCAL AGENCY Delray Beach., Florida 33444 Palm Beach . ~~~-sueDlvlsloN: DATE ON.wttlCit VOTE OCCURREo Se tember 4 2007 ~~~oNm' ~1 ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed ar elected board, coundl, commission, authority, or committee. tt applies equally to members of advisory and non-advisory bodies who are presented with a`vo6ng conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the taw when faced with-voting on a measure in which.you have a conflict of interest will vary greafly_depending on whether you hold an elective or appointive position: For this. reason, please pay dose attention to the insfructions on this form before completing the reverse side and filing the form. .INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLO~RlDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which 'es to his or her special pnvate gain or bss: Each. elected or appointed local'ofticer also is prohibited from knowirtgly wilting on a' mea- which inures to the special gain or loss of a principal {other than a government agency) by whom he or she is retained (inducting the ~,arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or toss of a business assodate. Commissioners of community redevelopment agendes under Sec. 163.35fi or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-iMaw, son-in-law, and daughter-in-taw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are nol listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may partidpate in these matters. However, you must' disdose the nature of the conflict before making any attempt to influence the derision, whether orally or in writing and whether made /you or at your direction. ''JU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE . ..EN: You must complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minufes_ (Continued on other side] CE FORM 8B - EFF. 1/2000 ITEM 10 . D` PAGE 1 APPOINTED OFFICERS° (continued) • A dopy. of the form mast be provided immediately to the other members of the agency- ~" ~_ • The form must be read. publicly at the next. meetng after the form is filed. - IF YOU MAKE NO ATTEMPT TO 1NFLUENCE.THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ~ • You must disclose orally the nature of your cctntlid in the measyre~ before partiapafing. , j, , . _ _ .. • You must complete the fomn and file it'withih 15 days after ttie vote occurs with the`perscx responsible for reooriiiny.the~mihutes of:the meeting; who must incorporate the form in the minutes. A copy of the form must be provided immediately to tfie other members of the agency. and the form must be read publicly at the next meeting after the form is filed. - DISCLOSURE OF LOCAL OFFICER'S.. INTEREST ~t.-. ~ -. Date Filed Signature NOTICE:. UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE..TO MAKE ANY REQULRED DISCLOSURE- CONSTITUTES GROUNDS FOR AND MAY eE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1U,000: _ CE FORM 88 - EFF. 1/2000 PAGE 2