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03-03-08 Minutes RegMARCH 3.2008 A Regular Meeting of the City Commission of the City of Deh•ay Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Monday, March 3, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos (arrived 6:36 p.m.) Commissioner Fred Fetzer Commissioner Woodie McDuffie (arrived 6:34 p.m.) Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Hazden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis stated she would like to observe a moment of silence to recognize the passing of Reverend John William Henry Thomas, Jr. of St. Paul's Missionary Baptist Church who was along-time member of the community. Mayor Ellis stated the Wake will be Friday between 6:00-8:00 p.m. at St. Paul's Missionary Baptist Church in Delray Beach and the funeral will be Saturday at noon at St. John's Missionary Baptist Church in Boynton Beach. ?• The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL Mrs. Montage moved to approve the Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of February 19, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 03/03/08 6. PROCLAMATIONS: 6.A. RecoenizinQ and Commendine the Delaire Country Club Mayor Ellis noted that this proclamation will be mailed. 6.B. Reco>=nizinQ American Red Cross Month -March 2008 Mayor Ellis read and presented a proclamation hereby proclaiming March 2008 as American Red Cross Month. Mayor Ellis noted that this proclamation will be mailed because Lizette Gamero was not present. 6.C. Reco¢nizin¢ Fair Housine Month - April 2008 Mayor Ellis read and presented a proclamation proclaiming April 2008 as Fair Housing Month in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forwazd to accept the proclamation. 7. PRESENTATIONS: 7.A. Lifesaving Award -Chief Larry Schroeder Larry Schroeder, Police Chief, and David James, Fire-Rescue Chief recognized Sergeant David L. Weatherspoon for his heroic lifesaving action which occurred on January 7, 2008. Fire-Rescue Chief James stated teamwork is absolutely essential particularly between Police and Fire services. He stated this happens every day; however, this is just one incidence that deserves special recognition. Chief James read a statement into the record regarding the house fire and rescue. On behalf of the Fire- Rescue Department, Chief James presented Sergeant David L. Weatherspoon with a Lifesaving Award. Sergeant Weatherspoon came forward to accept the award. 7.B. "You are Not Alone" -Dave and Creia Smith Dave and Creig Smith, stated "You aze Not Alone" is an emotional support group in Delray Beach who organized Project Holiday. Mrs. Smith stated ' through the City of Delray Beach they organized a number of places to collect goods and money for the purpose of sending to local troops who are deployed overseas. Through the efforts of many people in Delray Beach, they sent out 73 boxes, and 90 calling cards to many local troops. She stated the local schools wrote letters and many letters were sent to the troops. They collected an inventory of goods totaling $14,266.00 and donations in cash totaling $1,815.00. To ship the 73 boxes, it cost them $1,534.00 and the 90 calling cards were $10.00 a piece and the cost $900.00. Mrs. Smith extended her special thanks to the co-sponsors of this event, the Church of the Palms, Eleanor Williams, -ocal schools, teachers and school children. She also thanked Commissioner Montague for her support and the entire Commission, City employees, and citizens in the -2- 03/03/08 community. Dave Smith, Retired member of the US Air Force, stated it is nice to see the leadership start from the top as it does in Delray Beach and noted that Mayor Ellis was personally a part of this not only in the packing event but many packages were stored in her office. Mr. Smith presented coins to the City Commission in appreciation. At this point, Mayor Ellis stated an additional presentation will be added. 7_C. Mark Baron -International Tennis Chamnionshios QTCI• Mazk Baron, International Tennis Championships (ITC), thanked the City of Delray Beach for being the Title Sponsor for the Delray Beach International Tennis Championship. He stated it was a very exciting yeaz and the press the best ever in history due to players who made it as faz as they did. Mr. Baron stated Japan was the number one televised country of the event by literally televising it with highlights and reruns about seven times all over Japan. He stated the emails they received were tremendous and because of that it was picked up in China, other Asian countries, as well as all over Europe and South America. He stated he believes they are going to total over 160 countries worldwide besides the multi-billion times Delray Beach was in print all over the world as well. At this point, Mr. Bazon introduced his staff. Mr. Baron stated they are planning something major in the next 3-4 months and it will be a tremendous jump for the event. He stated they have come from an 18,000 ticket sale organization when they first came here to over 55,000 this year. Mr. Baron stated the tennis site is magnificent and the City of Delray Beach has kept up the tennis center that makes the residents proud. He stated this site is well known all over the United States and is one of the premiere tennis facilities now in this country. Mr. Baron presented a crystal trophy (identical to the winner's trophy of the event) to the City Commission. 8. CONSENT AGENDA: City Manager Recommends Approval 8_A. REQUEST FOR SIDEWALK DEFERRAL/500 OLEANDER LANE• Approve a request to defer the installation of a sidewalk in front of 500 Oleander Lane. 8_B. REQUEST FOR SIDEWALK DEFERRAL/3200 JASMINE DRIVE• Approve a request to defer the installation of a sidewalk in front of 3200 Jasmine Drive. S.C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/REGIONS BANK• Authorize the City to act as the utility perrttit applicant for a water service connection within the state right-of--way for Regions Bank, located at 555 S.E. 9`h Street, and approve a hold harmless agreement. -3- 03/03/08 8_D. SERVICE AUTHORIZATION NO. 07-01/WANTMAN GROUP, ~ INC.: Approve Service Authorization No. 07-O1 in the amount of $42,890.00 to t Wantman Group, Inc. for conceptual design of improvements along Marine Way between the City Marina and the Atlantic Avenue Bridge. Funding is available from 334-6111- 575-65.22 (General Construction Fund/Other Improvements/Riverwalk). 8_E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Palm Beach County to provide additional law enforcement services on the Intracoastal Waterway during manatee season. 8_F. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2008-1: Formally initiate Comprehensive Plan Amendment 2008-1 pursuant to Section 9.2.1. of the Land Development Regulations. 8.G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OPEN CUTS: Approve an Interlocal Agreement between the City and Palm Beach County regarding open cuts under County thoroughfazes. The City shall be responsible for repairing the open cuts for a six (6) month period after the final restoration of the open cut. 8.H. RENEWAL/VALET PARKING LICENSE AGREEMENTS: Approve the renewal of all Valet Parking License Agreements from April 1, 2008 through March 31, 2009 and increase the associated monthly fees. 8_I. AMENDMENT NO. 2/INTERLOCAL AGREEMENT! COMMUNITY REDEVELOPMENT AGENCY/ CONSTRUCTION/ PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the West Atlantic Avenue Beautification Project to increase the funding amount from $1,500,000.00 to $1,850,000.00. B.J. SPECIAL EVENT REQUEST/10`" ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 10th Annual Cinco De Mayo Fiesta to be held Saturday, May 3, 2008, from 11:00 a.m. until 10:00 p.m. at Old School Squaze, granting a temporary use permit per LDR Section 2.4.6(F) for use of the Old School Squaze surface lot; authorize staff support for traffic control and security, trash removal, EMS assistance, signage preparation and installation, and approve request to use the Old School Squaze parking garage, City Hall lots and City generator; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance. 8.K. SPECIAL EVENT REQUEST/11TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the l ich Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 - 25, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3`d Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to -4- 03/03/08 provide staff support for traffic control and security, barricading and fire inspection services; contingent on the receipt of a hold hannless agreement and the certificate of liability insurance. 8_L. AWARD OF BIDS AND CONTRACTS: 1. Approve a bid award and authorize the Mayor to execute the construction contract with Garden World Nursery & Landscape Services in the amount of $245;998.75 for the Downtown Delray Beach Gateway Landscaping of West Atlantic Avenue from the northbound I-95 on and off ramps to S.W./N.W. 12th Avenue. Funding is available from 334-3162-541-68.09 (General Construction Fund/Other Improvements/Atlantic Avenue Gateway Feature). Mrs. Montague moved to approve the Consent Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer - Yes; Mrs. Montague -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9_A. REQUEST FOR IN-LIEU PARHING SPACEBOB'S FAMOUS BAR: Consider a request from Bob's Famous Bar, located at 217 East Atlantic Avenue for the purchase of one (1) in-lieu parking space in the amount of $15,600.00 to accommodate the relocation of a double detector check valve. (Quasi-Judicial Hearin 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 Hearings. 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. Eliopoulos and Mr. McDuffie were not present. Mr. Fetzer, Mrs. Montague, and Mayor Ellis had no ex parte communications to disclose. Scott Aronson, Pazking Management Specialist, stated this item is a request from Bob's Famous Baz to purchase one (1) in-lieu parking space to accommodate the relocation of a double detector check valve within a landscape island at the northwest corner of the property. Mr. Aronson stated the landscape island had received approval for a reduction in width to 3' 4". During the inspection of the installation of the check valve it was determined that the valve was too close to the alley and even though protected by bollards, the risk of being hit by vehicles could not be ignored. The alley adjacent to this property is only 16 feet wide. The applicant was asked to relocate the check valve on that site. Mr. Aronson stated there was no way to relocate the check valve on the property -5- 03/03/08 and the only other option was to widen the landscape island and in doing so it would be the cost of a parking space. The applicant chose to make the landscape wider and in addition there is going to be another landscape island positioned on the other side of the pazking adjacent to the building. The proposed modification shows the check valve centered in the island, which has been increased in width to 6 feet 1 %z inches. Anew 6 feet 2 `/z inches landscape island is shown adjacent to the building. This additional landscaping will enhance the aesthetics of the property from both the alley and the Railroad Avenue right-of--way. The cost per space in this in-lieu azea (Area 2) is $15,600.00 per space and will be paid in accordance with LDR Section 4.6.9(E)(3)(d) via an in-lieu of parking fee payment agreement. The agreement requires 50% payment upon ratification and two (2) subsequent 25% payments on the second and third anniversaries of the agreement. The Downtown Development Authority (DDA), the Community Redevelopment Agency (CRA), and the Pazking Management Advisory Boazd (PMAB), at their respective meetings, all unanimously recommended approval of the applicant's request. Staff recommends approval. Flip Kaplan, contractor for the owner, was present. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forwazd at this time. There was no cross-examination or rebuttal. The City Attorney stated 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. Fetzer moved to adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 9.B. CONDITIONAL USE EXTENSION REQUEST/YACHT CLUB AT DELRAY BEACH: Consider a request to extend the conditional use to construct a new yacht club with facilities to be known as Delray Beach Yacht Club, located at 110 MacFarlane Drive. (Quasi-Judicial Hearin Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission into disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2006-062 into the record. -6- 03/03/08 Mr. Dorling stated this is an extension request for a new yacht club to be known as Delray Beach Yacht Club. Currently, there is an existing 4,890 square foot yacht club on the site that has a dining facility, pool, and snack bar constructed in 1963. This proposal involves a complete demolition of that existing yacht club and reconstruction of a new yacht club having 3,610 squaze foot yacht clubhouse along with 44 boat slips. It will include a dock master's office, social hall, exercise room, men's and women's locker rooms/restrooms, sundeck and pool and is really part of a lazger redevelopment which includes twenty (20) 3 bedroom, 3 bath residential condominium units within a 4-story building. On Mazch 6, 2006, the City Commission approved the conditional use request to establish a yacht club use for the Yacht Club at Delray Beach and on April 26, 2006, the site plan was approved by the Site Plan Review and Appearance Board. This extension request is under the category of "No Construction" as the applicant has itemized in his request he has gone through some permitting issues and platting issues but is yet to start construction. Staff has to look at a development and the LDRs when there is "No Construction" and make sure there are no changes that the project would be subject to if it came in anew. Mr. Dorling stated there are no changes that affect this project so staff recommends approval of their 24 month extension request. He stated if they do complete this they will be coming in for a site plan extension request which will have to go to the Site Plan Review and Appearance Board (SPRAB) and would extend the April approval of two yeazs as well. Michael Weiner, Attorney with Weiner & Aronson P A 102 North Swinton Avenue, Delray Beach stated this is an extension ordinance and the extension ordinance has three categories those being: (1) "No Construction", (2) "Construction up to 25%", and (3) after " 25%", it is vested. Mr. Weiner stated the applicant has moved forward on a great deal of issues and they did get platting, moved forward with the utilities, and noted that they have made great strides in terms of progressing with the permits. He stated the City has heard from other applicants that have requested extensions and the reason of the soft market was sufficient for the purposes of granting extensions. Mr. Weiner stated they have been diligent and proceeded in good faith from the beginning and noted that they meet LDR Section 2.4.4(B) which refers to Section 3.1 and that there are still good findings of Concurrency, Future Land Use Map Designation, the Comprehensive Plan Consistency, and Compliance with the LDRs. Mayor Ellis stated anyone from the public who would like to speak in favor or in opposition of the conditional use extension request, to please come forwazd at this time. There was no cross-examination or rebuttal. Mr. Eliopoulos expressed concern over the rumors that this is for sale. He stated Mr. Weiner indicated that he is looking forward to getting this under construction and Mr. Eliopoulos stated he hopes to see that as opposed to what he is hearing that the property is for sale. 7- 03/03/08 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. Eliopoulos moved to adopt the Board Order as presented, 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_C. GUARANTEED MAXIMUM PRICE (GMP)/MILLER PARK IMPROVEMENT PROJECT/THE WEITZ COMPANY: Provide direction regarding acceptance or rejection of the Guaranteed Maximum Price (GMP) in the proposed amount of $7,549,362.00 to the Weitz Company for construction activities associated with the Miller Park Improvements Project. Partial funding is available from 334-4173-572-63.90 (General Fund/Other Improvements). Richazd Hasko, Director of Environmental Services, stated this item is for the Commission to consider the final Guaranteed Maximum Price (GMP) as presented by the Weitz Company for the Miller Park improvements. He stated both the Weitz Company and City staff and the consultants have spent a lot of time to hammer through the scope of this project. The initial proposal is approximately $7.5 million. The budget was $5.7 million. The Weitz Company has provided a value engineering analysis that recommends some scope items that can be eliminated or deferred. This recommendation reduces the GMP proposal to $6,970,910.00. Mr. McDuffie inquired about the length of the process and when this process would be complete since the Commission was looking to get this done by this spring. Mr. Hasko stated staff would have to meet with the consultant and prepare the additional documents and would probably be able to advertise in April and then this would be awarded around the first part of summer. Mr. Fetzer stated with the financial constraints everyone is currently under he knows there has been a lot of conversation by the Commission about the CM at Risk and is it the right way to go. Mr. Fetzer stated in many cases it is the right way to go; however, he feels the Commission relies on staff to give the Commission the advice of what is going to be the most cost effective. It was the consensus of the Commission to direct staff to advertise for a competitive bid for construction and alternate options for postponement. Mr. McDuffie moved to approve the Guaranteed Maximum Price (GMP) for the Miller Park Improvement Project to the Weitz Company, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. McDuffie - No. Said motion was DENIED with a 5 to 0 vote. -8- 03/03/08 9_D. _R_EQUEST FOR QUALIFICATIONS fRF01/REAL ESTATE BROKERAGE AND MARKETING SERVICES/OLD SCHOOL SQUARE RETAIL SPACE: Provide direction regarding the Request For Qualifications (RFQ) for real-estate brokerage and marketing services for the Old School Square retail space. The City Attomey stated this item is a Request for Qualifications (RFQ) to go out for commercial retail real estate brokerage and marketing services for the Old School Square retail space. The City Attorney stated the way this is written there is leeway in the format for award of multiple brokers (1 or 2) which can be changed to just 1 and complete negotiations for the second one if the first one does not produce anything. She stated the Commission also needs to decide on the timeframe for the contract. In other words is this going to be exclusive and for how long. The City Attorney stated staff has provided some attachments that would go out with the RFQ. Those being (1) a sample purchase and sale contract and (2) a sample covenant and there are a couple of scenarios of maps of the space showing different configurations because depending on who the City gets the Chamber may relocate to the north side. The City Attorney stated the City will need a wall to be constructed between the Chamber space from the retail space and we want the person who is proposing the wall to be responsible for the cost of building the wall. The City Attorney stated staff received estimates of $40,000.00 to build the wall. Mr. Eliopoulos expressed concern over the wall costing $40,000.00. Mr. McDuffie stated $40,000.00 is exorbitant for a wall. It was.consensus of the Commission to (1) make the RFQ exclusive to one (I) broker; (2) that the timeframe be for a minimum of six (6) months; (3) that the wall be part of negotiation process, (4) the timeframe is April 11, 2008 and that the City advertise this in the South Florida Business Journal. 9_E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consideration of the actions and decisions made by the Land Development Boards for the period February 19, 2008 through February 29, 2008. Paul Dorling, Director of Planning and Zoning, stated this item has been placed on the Regular Agenda to highlight an action taken by the Site Plan Review and Appearance Board (SPRAB) as it related to an Office DepoUCVS Building proposed at the old jeep site. He stated there were several items that were included and some waiver requests which the applicant is unable to meet the design guidelines which were not really an issue. However, Mr. Dorling stated there was an issue with a parking reduction of their parking requirement for the site which is 155 parking spaces and they provided 93 parking spaces for a total reduction of 62. He stated this is more than a 40% reduction in parking and while the applicant made the argument that specific uses (Office Depot/CVS) do not generate high numbers, staff is concerned because they are big retail buildings and may not always be an Office Depot or CVS. 9- 03/03/08 The City Manager stated there is one parking lot that serves both buildings. Mr. Dorling stated one building is to be located on N.E. 8`s Street and one is to be located on N.E. 7a' Street and the pazking lot is in between and serves both uses He stated this is approved by SPRAB fora 40% reduction in pazking requirements collectively. The City Manager asked if staff tried to calculate what reduction might be more reasonable. In response, Mr. Dorling stated staff has not but feels that 40% was significant. Mr. Eliopoulos moved to appeal the special action request as listed on the memorandum, 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. Mr. Fetzer moved to receive and file the balance of the report, 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. 9.F. APPOINTMENTS TO THE BOARD OF ADNSTMENT: Appoint two (2) regular members to the Boazd of Adjustment to serve two (2) year terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mrs. Montague moved to reappoint Sigurdur Hazdester to the Boazd of Adjustment as a regulaz member to serve a two (2) year term ending August 31, 2009, 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. Mayor Ellis stated she wished to appoint Jess Sowards to the Board of Adjustment as a regular member to serve a two (2) year term ending August 31, 2009. Mr. McDuffie so moved, seconded by Mrs. Montague. 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.G. APPOINTMENT TO THE HIDS AND COPS COMMITTEE: Appoint one (1) At Large Representative to the Kids and Cops Committee to serve a partial term ending November 30, 2009. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint Phyllis Willingham to the Kids and Cops Committee as an At-Large Representative to serve a partial term ending November 30, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. -10- 03/03/08 Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 5 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Gail-Lee McDermott to the Neighborhood Advisory Council as a regulaz member from Zone 5 to serve an unexpired term ending October 31, 2008, 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_I. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD• Appoint two (2) regular members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mrs. Montague moved to reappoint Eileen Marks to the Nuisance Abatement Board as a regular member for a two (2) year term ending March 31, 2010, 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. Mayor Ellis stated she wished to reappoint Greta Britt. Mrs. Montague so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mc Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police & Firefighters Retirement System Board of Trustees to serve an unexpired term ending June 30, 2008. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint Adam Frankel to the Police & Firefighters Retirement System Board of Tmstees to serve an unexpired term ending June 30, 2008, 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. 9_K. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission for a four (4) year term ending March 13, 2012. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). -11- 03/03/08 Mr. Eliopoulos moved to reappoint Sidney Grossman to the Public Employees Relations Commission for a four (4) year term ending Mazch 13, 2012, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manaser's response to prior public comments and inquiries. In response to prior comments expressed by Mrs. Finst regazding not being able to receive the 1620 am radio station, the City Manager stated the radio station is a 10 watt station operating from a single transmitter at the Fire-Rescue Department station #1. He stated it is understandable there is some interference at times and the primary purpose of the station is for emergency use and in that situation where there is a lot of power outages there should not be interference. However, the City Manager stated the station is receivable to stretch all over town if one has an am radio that functions as it should. Mr. McDuffie stated he volunteered to monitor the radio station all the way home after the last regulaz meeting and noted that he found the radio station to have a significant amount of static; however, it is understandable all the way out to the Oakmont development on Old Germantown Road. Secondly, the City Manager stated Mrs. Finst also commented about the request in QAlert for replacement of a missing street name sign. He stated upon his investigation he found that Mrs. Finst did not put anything in QAlert and instead sent an email to Amanda Solomon, Telecommunications Systems Manager, and Amanda put something into QAlert but did not get that particular piece of it. The City Manager stated the email was primarily a about a portable basketball goal being in the street and the street name sign was just a little note at the end of it. The City Manager stated if Mrs. Finst would have put the message into QAlert herself she would have ensured that it all was there and it all would have been followed up on. In addition, the City Manager stated that defeats the purpose of QAlert and has informed Amanda to inform Mrs. Finst to put in her own QAlert items in the future and not depend on staff to do it. The City Manager stated the street name sign has been taken care of. 11.B. From the Public. None. 10. PUBLIC HEARINGS: 10_A. NONE. -12- 03/03/08 At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12_A. ORDINANCE NO. 06-08: Consideration of a City initiated amendment to the Land Development Regulations (LDR) Section 6.2.1(D), "Street and Alley Construction Standazds", to provide updated standazds regarding street and alley construction. If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. 06-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CTl'Y OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 6.1.2(D), "STREET AND ALLEY CONSTRUCTION STANDARDS", IN ORDER TO PROVIDE UPDATED STANDARDS REGARDING STREET AND ALLEY CONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTNE DATE. (The official copy of Ordinance No. 06-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this item deals with the design and construction standards for infrastructure and public property. The changes include things like depth of subgrade, the base course materials necessary for roadways, shell size, references to asphalt, concrete types, additional reference to the Florida Department of Transportation Specification for Road and Bridge Construction has been updated to the latest version. At its meeting of February 25, 2008, the Planning and Zoning Board recommended approval with a vote of 7 to 0. Mr. Fetzer asked if this only applies to new streets and alleys. In response, Mr. Dorling stated it would only involve reconstruction in the case of existing things and would include new construction. Mayor Ellis stated if something is being built along an existing alley this would fall into inclusion into that project. Mr. Dorling stated it would be subject to these new regulations. Mr. Eliopoulos asked about an unimproved alley. In response, Mr. Dorling stated it would be subject to these requirements. -13- 03/03/08 Mrs. Montague moved to approve Ordinance No. 06-08 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_B. ORDINANCE NO. 11-08: An ordinance adopting the Community Redevelopment Agency (CRA) Plan Amendment.. If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. I I-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNTTY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIItEMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTNE DATE. (The official copy of Ordinance No. 11-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Ron Hoggard, AICP, Principal Planner, stated the Community Redevelopment Plan establishes all the projects that are going to be undertaken by the Community Redevelopment Agency (CRA) in the coming years. The CRA's first plan was adopted in 1986 and has been amended several times. The last amendment was adopted in January 2005. Mr. Hoggard stated the update before the Commission this evening includes updates to the existing condition to the analysis section to bring it up to current conditions as well as deletion of out-of--date programs that are no longer being undertaken or are no longer needed in addition to new programs and a major update to the revenue and expense sections of the plan. Mr. Hoggard stated staff reviewed the plan For consistency with the Comprehensive Plan and there are no projects or programs which require revisions to the Comprehensive Plan so it remains consistent with the Comprehensive Plan. At its meeting of February 25, 2008, the Planning and Zoning Board considered the amendments and recommended approval with a 4 to 0 vote (Chuck Halberg, Joe Pike, and Francisco Perez stepped down); at its meeting of February 6, -14- 03/03/08 2008, the Pineapple Grove Main Street Executive Board (PGMS) reviewed the amendments and endorsed the amendments; at its meeting of February 11, 2008 the Downtown Development Authority (DDA) reviewed the amendments and recommended approval; at its meeting of February 13, 2008, the West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the amendments and recommended approval. The Community Redevelopment Agency (CRA) will make a more in depth presentation of this at the second reading of this ordinance. Staff recommends approval of Ordinance No. 11-08 on First Reading. Mr. Eliopoulos moved to approve Ordinance No. 11-08 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. 12_C. ORDINANCE NO. 12-08: An ordinance amending Chapter 110, "Local Business Tax", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all business license tax fees. If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. 12-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, LOCAL BUSINESS TAX SCHEDULE", TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 12-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Al Berg, Assistant Director of Community Improvement, stated this ordinance would increase the local business tax schedule across the board by 5%. He stated the fee is $142.00 and would now be $149.10. Mr. McDuffie moved to approve Ordinance No. 12-08 on FIRST Reading, 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. 15- 03/03/08 12_D. ORDINANCE NO. 1408: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted By Reference", of the Code of Ordinances by repealing Subsection (B)(5). If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. 14-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CTfY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY REPEALING SUBSECTION (B)(5) IN ORDER TO PROVIDE UPDATED REFERENCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Fire-Rescue Chief James stated this ordinance provides for a change that would provide for the inclusion of any nationally recognized testing agency for fire alarm certification. Brief discussion between Mayor Ellis and Chief James continued. Mr. Fetzer moved to approve Ordinance No. 14-08 on FIRST Reading, 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manaser The City Manager stated Mr. Fetzer had asked for a status report on the Boy's Market issue. The City Manager stated Code Enforcement staff prepazed to visit Lee's Crossing last Thursday or Friday and the resident told the City not to come because the odor was not present. Al Berg, Assistant Director of Community Improvement, stated between commercial and residential property the City only requires a fence or a hedge; they do not have to put up a wall. Mr. Berg stated it was part of the negotiation that when Boy's Market went in that they would keep the residents happy. The City Manager stated that -16- 03/03/08 Boy's Market is cun•ently going through the permitting process to move forward with the project. Mr. McDuffie asked if anyone has complained about odors. Mr. Berg stated this is the first time they have heard about the odors but there is a noise problem. Secondly, with regard to the League of Cities General Membership Meeting, the City Manager reported that the County proposed to not add a solid waste impact fee which they never had before and to have no increase in the road fee. The City Manager stated the result of that was an increase from 9% to 14% but the League still voted in favor of having no increase this year and we will have to see what the County does. 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 commented about the Waste Management Contract. and the expiration date. He suggested that the City may want to move forward with a totally new Request for Proposal (RFP). The City Manager stated if the City were to go out for a Request for Proposal (RFP) it would take approximately 5-6 months and therefore we would want to start in April. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he needs to be updated on the Commission calendar. Secondly, he commented about the Franklin House. The City Manager stated the Community Redevelopment Agency (CRA) is definitely not interested in restoring the Franklin House and noted that he has an appointment on Wednesday morning to tour the house. Mr. Eliopoulos congratulated the City Manager for raising $17,500.00 at the Boy Scout Event. Mr. Eliopoulos stated he had the pleasure of joining Commissioner Montague and Fire Chief James for judging the Black History Essay Competition. -17- 03/03/08 13.C.3. Mr. McDuffie Mr. McDuffie extended his appreciation to the City Manager, Mr. Barcinski, and everyone who fumed out for the Boy Scout Dinner and stated it was an overwhelming success. Secondly, Mr. McDuffie stated with regard to baseball, he met with both Boazds last week and it proved to be a meeting that actually brought the two Boazds closer together than they were before. 13.C.4. Mrs. MontaEUe Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.5. Mavor Ellis Mayor Ellis stated she could not make the Boy Scout Dinner. Secondly, she stated the Advisory Board Reception was well attended. Mayor Ellis stated what is happening with the two baseball leagues will be history in the making and long remembered. She stated she appreciates Commissioner McDuffie's effort with regard to this. Commissioner McDuffie stated he appreciates the recognition but noted that there are many people behind the scenes such the Presidents and the Boards of both of these Leagues who should be commended as well. There being no further business, Mayor Ellis declared the meeting adjourned at 8:05 p.m. City Clerk AT ~~~ ~ 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 March 3, 2008, which Minutes were formally approved and adopted by the City Commission on March 18, 2008. -18- 03/03/08 ~•~~~~, 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. -19- 03/03/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR BOB'S FAMOUS BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 1 parking space in-lieu has come before the City Commission on March 3, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Bob's Famous Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection L I. 1N LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Yes 3 No 0 3. The City Commission hereby. finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 1~ ! . ~. 3'08 Does the In Lieu Parking Fee request for the purchase of 1 parking space in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? 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 timRed 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 X denies _ the in lieu parking fee requesYas set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3b day of March, 2008, by a vote of 3 in favor and 0 opposed. A~EST ~ ~ ~ ~ ' / ~ f~~~ Rita Ellis, Mayor ~~ .. ~., 2 ~~ . IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE YACHT CLUB AT DELRAY BEACH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request for 24 months has come before the City Commission on March 3, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Yacht Club at Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes 5 No 0 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; ~~ Q•~t. 3/3I~ (c) The granting body must make findings pursuant to 2.4.4(6); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes 5 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. 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. 9. Based on the entire record before it, the City Commission approves X denies -the conditional use extension request to allow the previous conditional use approval to extend an additional 24 months, subject to the original conditions of approval, to be valid until April 26, 2010. The City Commission hereby adopts this Order this 3`d day of March, 2008, by a vote of 5 favor and 0 opposed. f~ ..,_ r _ ~• ; ~ ., Ri a Ellis, Mayor City Ct~rkt'' .mow' `"-', ..... 2