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City Commission

Regular Meeting

Delray Beach, FL · February 20, 2018

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City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Minutes - Final Tuesday, February 20, 2018 6:00 PM Regular Meeting at 6:00 PM Delray Beach City Hall City Commission City Commission Minutes - Final February 20, 2018 1. ROLL CALL The February 20, 2018 Regular City Commission Meeting was called to order at 6:00 p.m. Roll Call: Mayor Glickstein Vice Mayor Chard Deputy Vice Mayor Johnson Commissioner Petrolia Commissioner Katz Others present were: Mark R, Lauzier, City Manager R. Max Lohman, City Attorney Katerri Johnson, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL Mayor Glickstein moved Item 7.D. back to the consent agenda as it does not need to be discussed. Commissioner Katz made a motion to approve the agenda as amended. It was seconded by Deputy Vice Mayor Johnson. A Roll Call vote was taken and all were in favor. The motion carried 5-0. 4. PRESENTATIONS: 4.A. 18-044 RESOLUTION NO. 02-18 RECOGNIZING MARGO MURPHY FOR 30 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 02-18 honoring Margo Murphy for 30 years of service. Sponsors: Human Resources Department Attachments: Agenda Cover Memo Resolution 02-18 Margo Murphy Mayor Glickstein read the proclamation recognizing Margo Murphy for her thirty years of service. Ms. Schroeder gave a power point presentation on 211 Awareness Month and Proclamation. City of Delray Beach Page 1 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 approved 4.B. 18-069 211 AWARENESS MONTH PRESENTATION & PROCLAMATION Sponsors: City Clerk Department Attachments: Agenda Cover Memo 211 Awareness Delray approved 4.C. 18-066 DOWNTOWN DELRAY BEACH SHOPABILITY ANALYSIS PRESENTED BY GIBBS PLANNING GROUP Recommendation: No recommendation required. Presentation by Gibbs Planning Group only. Sponsors: City Clerk Department Attachments: Agenda Cover Memo City Commission Meeting 2.20.18 Memo - Downtown Shop Ability Study Presentation by Robert Gibbs Delray Shopability Feb 2018 City Council The Gibbs Planning Group gave a presentation on a downtown shopability analysis. The major problem for the merchants in the downtown area is parking. The internet is becoming a big challenge to storeowners as well. He suggested changing the parking decks regulations to free parking twenty-four hours seven days a week. Also to implement a reasonable monthly parking permit for employees. The parking decks are below industry standards, the elevator for the parking deck was inoperable for five days. The elevators should not be inoperable for more than twenty-four hours. The stairwells were poorly lit, dirty and filled with graffiti. He suggested changing the City's policy for the first level parking deck and allow for employee parking and valet parking. The signs in town are very confusing. He suggested establishing a Way finding system. He also pointed out that the trash cans are different colors with plastic lids and overflowing with trash. The walkways have uneven bricks and in some areas are too narrow for a wheel chair or a baby stroller. There should be a six foot mimimum cleared area which is a Federal American with Disabilities Act requirement. The landscaping should be brought up to higher standards. The pedestrian crosswalks need to be painted. Certain crosswalks need to be replaced. He also suggested hiring a business City of Delray Beach Page 2 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 recruiter. approved 4.D. 18-123 CRA MONTHLY REPORT - JANUARY 2018 Recommendation: No action required. CRA Board Update only. Sponsors: Community Redevelopment Agency Attachments: Agenda Cover Memo CRA ED Memo Project Updates January - 2-7-18 7B Financial Rpt Dec 7C Monthly Work Plan January Mr. Jeff Costello gave the monthly report for the Community Redevelopment Agency for the month of January 2018. approved 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: Mayor Glickstein opened the meeting up for public comment. Mr. Johnson of 46 Marine Way had two pictures of trees that were trimmed too closely, he also mentioned that a ditch is needed on Marine Way to stop the water. Arlene Houston of 1327 of High Point East said she would like the voting rights be extended to ex-offenders, she stated that the question will be on the ballot in November under Amendment Four. Eric Camacho of 118 S.E. 7th Avenue stated that people are speeding down his street. He suggested putting directional signs around the traffic circle. Mayor Glickstein hearing no further comments, closed the public portion of the meeting. Deputy Vice Mayor Johnson made a motion to approve the Consent agenda as amended. It was seconded by Commissioner Petrolia. A Roll Call vote was taken and all were in favor. The motion carried 5-0. 5.A. City Manager’s response to prior public comments and inquiries There were none. City of Delray Beach Page 3 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. 18-082 APPROVE STAFF PREPARATION AND SUBMITTAL OF THREE GRANT APPLICATIONS AS PART OF THE LOCAL INITIATIVES (LI) PROGRAM AND TRANSPORTATION ALTERNATIVES (TA) PROGRAM FOR PROJECTS TO BE SUBMITTED TO THE PALM BEACH TRANSPORTATION PLANNING AGENCY (TPA) FOR APPROVAL DURING FISCAL YEAR 2018. Recommendation: Motion to allow City staff to proceed with the submittal of the grant applications for Linton Boulevard (US 1 to A1A) and SW Germantown (S Congress Ave to Old Germantown Road, Orchard View Elementary School) for the Local Initiatives Program, and Carl Bolter Drive (Lindell Boulevard to Avocet Road) for the Transportation Alternatives Program. Sponsors: Public Works Department Attachments: Agenda Cover Memo 80' and 60' ROW Typical Proposed Design TABLE PROJECT NAME AND LIMITS.docx approved 6.B. 18-097 APPROVAL OF A CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT FOR CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. TO APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. Recommendation: Motion to approve a Consent to Assignment and Assumption Agreement from CB&I Environmental & Infrastructure, Inc. to Aptim Environmental & Infrastructure, Inc. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Memo PL Updated to Aptim_Exp. 06-18.pdf Master AGMT 8.26.15.pdf Consent to Assignment signed by Aptim.pdf CGL Updated to Aptim_Exp. 06-18.pdf approved 6.C. 18-109 CHANGE ORDER NO. 1 TO RFQ NO. 2017-032 TO BAXTER & WOODMAN, INC. DBA MATHEWS CONSULTING, A BAXTER & City of Delray Beach Page 4 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 WOODMAN COMPANY, TO ADD THE DESIGN OF A RECLAIMED WATERMAIN TO THE SW 4TH STREET, SW 6TH STREET AND SW 7TH AVENUE PROJECT IN A NOT-TO-EXCEED AMOUNT OF $48,988. Recommendation: Motion to approve the Change Order No. 1 to RFQ No. 2017-032 to Baxter & Woodman, Inc. DBA Mathews Consulting, a Baxter & Woodman Company, to add the design of a reclaimed watermain to the SW 4th Street, SW 6th Street and SW 7th Avenue project in a not-to-exceed amount of $48,988. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Memo Executed Agreement.pdf Service Authorization RV.pdf CHANGE ORDER1.doc approved 6.D. 18-115 REVOCABLE LICENSE AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO USE THE DELRAY BEACH VISITOR INFORMATION CENTER Recommendation: Motion to approve a Revocable License Agreement with the Downtown Development Authority (DDA) to use of the Delray Beach Visitor Information Center to provide information about downtown business and programs to visitors and residents of the City. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Memo Revocable license agreement Visitor Center final with ex A.pdf Legal Review Checklist Revocable License Agreement with DDA for visitor center.pdf approved 6.E. 17-898 AMENDMENT 3 TO THE AGREEMENT BETWEEN THE CITY OF THE DELRAY BEACH AND PLAYERS INTERNATIONAL MANAGEMENT, INC. Recommendation: Recommended Action: Motion to approve Amendment 3 to the Agreement between the City of Delray Beach and Players International Management, Inc. Sponsors: Parks & Recreation Department City of Delray Beach Page 5 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 Attachments: Agenda Cover Memo Legal Review Checklist PIM amendment No. 3 1-25-18 Amendment 3 to the PIM Agremment - 2-6-18 Amendment 1 Amendment 2 Original PIM Agreement 2018 PIM Event overview 2018 Delray Beach Economic_USTA_ITF Events_ (002) approved 6.F. 18-052 INTERLOCAL AGREEMENT - 2018 PALM BEACH COUNTY DROWNING PREVENTION COALITION LEARN TO SWIM REIMBURSEMENT PROGRAM Recommendation: Motion to enter into an Interlocal Agreement with the Palm Beach County Drowning Prevention Coalition (“DPC”) for payment of swimming classes to the City of Delray Beach, FL (“City,”) for the provision of swimming classes/lessons to individuals who present vouchers issued by the DPC Learn to Swim Program. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Memo Legal Checklist and Agreement - Drowning Prevention approved 6.G. 17-956 APPROVAL OF FISCAL YEAR 2018 SPENDING GREATER THAN $65,000 WITH CANON SOLUTIONS AMERICA INC FOR REPLACEMENT, MAINTENANCE, AND REPAIRS OF MULTIFUNCTION DEVICES (COPIERS) AND AUTHORIZE FUTURE PURCHASES THROUGH RESOLUTION NO. 13-18. Recommendation: Recommended Action: Motion for retroactive approval of $103,000 for Fiscal Year 2017 and to approve future payment to Canon Solutions America, Inc. for replacement, maintenance, and repairs of multifunction devices in an amount not to exceed $200,000 per fiscal year, and to authorize the City of Delray Beach (City) Manager to exercise any and all renewal options through Resolution No. 13-18. Sponsors: IT Department City of Delray Beach Page 6 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 Attachments: Agenda Cover Memo FLStateCopierContract-11-29-17 DelrayPrintLeases-1-16-18 Delray Report for FY16-17 Resolution 13-18 Canon copy leases approved 6.H. 18-050 THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FIBER TRANSPORTATION Recommendation: Recommended Action: Motion to Approve the modification to the Interlocal Agreement (Agreement) between the City of Delray Beach (City) and Palm Beach County which allows Palm Beach County to provide, and the City of Delray Beach to use, leased Multi-Protocol Label Switching (MPLS) and transport fiber between the City and the Disaster Recovery site at the Northwest Regional Data Center in Tallahassee, Florida. Item #4, Exhibit A, Section N of this agreement terminates the previous 5Gb data connection with the GoRACK Data Center in Jacksonville, Florida and increases the internet connection at City Hall from 50Mb to 1Gb. Sponsors: IT Department Attachments: Agenda Cover Memo Delray Beach Second Amendment Delray Beach Third Amendment Palm Beach County Agenda Item for City of Delray R2014-1963 12-16-14 (2) Legal Review Checklist Amendment No. 3 for ILA for PBC for fiber transportation approved 6.I. 18-098 TERMINATION AND ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED BY WALMART STORES EAST, LP Recommendation: Motion to Terminate and Accept a Water Main Easement granted by Walmart Stores East, LP for the Walmart Liquor Box Store Expansion project at 16205 S. Military Trail. Sponsors: City Attorney Department Attachments: Agenda Cover Memo Water Main Easement Deed Termination of Water Main Easement Deed 16205 South Military Trail Location Map City of Delray Beach Page 7 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 approved 6.J. PROCLAMATIONS: 6.J.1. 18-125 Sponsors: City Clerk Department Attachments: Agenda Cover Memo Frank Varga Proclamation approved 6.J.2. 17-972 EATING DISORDERS AWARENESS WEEK Sponsors: City Clerk Department Attachments: Agenda Cover Memo Proclamation for State of FL EDAW 2018 approved 6.K. 18-074 REPORT OF APPEALABLE LAND USE ITEMS FROM DECEMBER 21, 2017 THROUGH JANUARY 19, 2018 Recommendation: By motion, receive and file this report. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo City Commission Map 02-20-18.pdf A. Delray Verana B. 234 Warehouse Renovation C. Delray 7 Townhomes D. 50 SE 4th Avenue E. 232 SE 7th Avenue approved 6.L. AWARD OF BIDS AND CONTRACTS: 6.L.1. 18-096 AWARD OF AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SOUTHEASTERN ENGINEERING CONTRACTORS, INC. FOR MASTER LIFT STATION NO. 1 REHABILITATION (PROJECT NO. 16-030) IN A NOT-TO-EXCEED AMOUNT OF $1,323,689. City of Delray Beach Page 8 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 Recommendation: Motion to award an Agreement with Southeastern Engineering Contractors, Inc. for Master Lift Station No. 1 Rehabilitation (Project No. 16-030) in a total not-to-exceed amount of $1,323,689. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Memo 2018-004 Delray MLS No.1 Bid Recommendation.pdf 2018-004 Due Diligence1.xls MASTER LIFT STATION NO.1 REHAB S.E.C. Proposal (2).pdf Legal Review Checklist form v. 4 Agreement with Southeasten Engineering ....pdf 2018-004 signed agreement approved 7. REGULAR AGENDA: 7.A. 18-076 REQUEST OF A WAIVER FROM LDR SECTION 4.3.3(ZB)(6) REQUIRING A MINIMUM SEPARATION OF 750’ FROM PROPERTY LINE TO PROPERTY LINE FOR A TATTOO ESTABLISHMENT, SOLID IMAGE TATTOO CO LOCATED AT 306 NE 4TH ST. (QUASI-JUDICIAL HEARING) Recommendation: Motion to approve the waiver to LDR section 4.3.3(ZB)(6) requiring a minimum 750 ft. separation for a tattoo establishment, Solid Image Tattoo Co. located at 306 NE 4th St. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo 306 NE 4th St Board Order Justification letter Distance Map Vatican Tattoo_325 NE 2nd Avenue Katerri Johnson, City Clerk, swore in the applicants. Tim Stillings gave an overview of this item. The applicant is requesting a waiver from LDR Section 4.3.3.(ZB) (6) requiring a minimum separation of 750' from property line to property line for a tattoo establishment, Solid Image Tattoo located at 306 N.E. 4th Street. Mayor Glickstein opened the meeting up for public comment, hearing none the public portion was closed. Laura Simon, Director of the Downtown Development District stated that City of Delray Beach Page 9 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 this came before the committee last week and they did not see a problem with the Tattoo Parlor application. Mayor Glickstein is not in favor of this establishment due to the inquiries he has made with the other tenants at this location. Mr. Lohman, City Attorney read the Board Order. Commissioner Katz made a motion to deny. It was seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in favor to deny. The motion carried 5-0. denied 7.B. 18-110 OSTERIA BOSSI, LOCATED AT 32 E. ATLANTIC AVENUE, IN LIEU OF PARKING FEE REQUEST FOR 2 SPACES (QUASI-JUDICIAL HEARING) Recommendation: Motion to approve the in lieu of parking fee request in the amount of $47,320 for 2 parking spaces for Osteria Bossi, located at 32 E. Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the Land Development Regulations, subject to the condition that full payment be paid upon issuance of a building permit. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo 1740 - A101 SITE PLAN-A-101 2018-02-20-Board Order-In Lieu Parking-32 E Atlantic Ave Tim Stillings from the Planning Department introduced the item. Osteria Bossi, located at 32 E. Atlantic Avenue in lieu of parking fee request for 2 spaces. Jose Torres of Slattery & Associates who represent Osteria Bossi gave a power point presentation. Mayor Glickstein opened the meeting for public comment on this item. Hearing none, he closed the public portion of the meeting. Mr. Lohman, City Attorney read the Board Order. Commissioner Petrolia made a motion to approve the Board Order. It was seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in favor. The motion carried 5-0. approved City of Delray Beach Page 10 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 7.C. 18-122 NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD Recommendation: Recommend nomination for appointment for one (1) regular member (Citizen-at-Large) to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2019. Sponsors: City Clerk Department Attachments: Agenda Cover Memo Exhibit A Parking Management Advisory Board Member List Parking Management Advisory Board Attendance List Vice Mayor Chard made a nomination of Caroline Osherow for the appointment to the Parking Management Advisory Board. It was seconded by Commissioner Petrolia. A Roll Call vote was taken and all were in favor. The motion carried 5-0. approved 7.D. 18-105 AWARD OF AN AGREEMENT WITH UNIVERSAL BEACH SERVICES CORP FOR BEACH CLEANING MAINTENANCE AND BEAUTIFICATION SERVICES IN A NOT-TO-EXCEED AMOUNT OF $79,000 Recommendation: Motion to award a (3) three year Agreement with Universal Beach Services Corp. for Beach Cleaning Maintenance And Beautification Services in a total amount not to exceed amount of $237,000 for the Agreement term and authorize the City Manager to exercise any and all renewal options. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Memo RFP NO 2018-020 Universal Beach Services - Additional Information Universal Beach Service Corp_Proposal RFP 2018-020 2018-020 - Submittal Log 2018-020 - RFP Due Diligence 2018-020- Client Reference Check Summary Copy of 2018-020 - RFP Scoring Summary Legal Review Checklist form v. 4 Universal Beach Services Corp 2018-020 signed agreement approved 8. PUBLIC HEARINGS: 8.A. 18-083 RESOLUTION NO. 11-18, CONTRACT FOR SALE AND PURCHASE City of Delray Beach Page 11 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 BETWEEN WILLIAM BONNER AND THE CITY (PUBLIC HEARING) Recommendation: Motion to approve Resolution No. 11-18. Sponsors: City Attorney Department Attachments: Agenda Cover Memo Resolution No. 11-18 Mr. Lohman, City Attorney, explained the sale of a vacant lot that was listed on the city's surplus property list. The buyer will be responsible to pay the numerous liens on the property. The fee is $46,000 minus the real estate brokerage commission. The city is transferring title via a Quit Claim deed. Mayor Glickstein opened the meeting up for public comment, hearing none, he closed the public portion. Vice Mayor Chard had a question regarding the price. Mr. Lohman stated the broker gave the city an appraisal for the lot and used comparables in determining price. Commissioner Petrolia made a motion to approve this item. It was seconded by Vice Mayor Chard. A Roll Call vote was taken and all were in favor. The motion carried 5-0. approved 8.B. 18-104 Recommendation: Motion to approve Ordinance 03-18 amending Chapter 37 to conform to the requirements of Chapter 162, Fla. Stat. and allowing the City Manager to appoint a Code Enforcement Board attorney. Sponsors: City Attorney Department Attachments: Agenda Cover Memo Ord 03-18 Revising Chapter 37 Code Enforcement.docx Ord. 03-18 Exhibit A.docx Mr. Lohman, City Attorney, read the Ordinance on second reading. Ordinance No. 3-18 an ordinance of the City Commission of the City of Delray Beach, amending Chapter 37, "Delray Beach Code Enforcement General Provisions", by repealing Sections 37.01 through 37.46 and readopting same. City of Delray Beach Page 12 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 Mayor Glickstein opened the meeting up for public comment. Hearing none, he closed the public portion. Vice Mayor Chard made a motion to approve Ordinance No. 3-18 upon second reading. It was seconded by Commissioner Petrolia. A Roll Call vote was taken and all were in favor. The motion carried 5-0. adopted 9. FIRST READINGS: 9.A. 18-079 ORDINANCE NO. 02-18: 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 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS DISTRICT (CBD)”, BY ADDING SUBSECTION 4.4.13(I)(2)(j) “CBD PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET PARKING SPACES” TO NOT REQUIRE ADDITIONAL PARKING FOR CHANGES IN USE IN EXISTING BUILDINGS WITHIN THE CBD RAILROAD CORRIDOR SUB-DISTRICT LYING SOUTH OF SE 2ND STREET, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE (FIRST READING) Recommendation: Approve Ordinance No. 02-18 on First Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 02-18, as presented. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo Ord. No. 02-18 P&Z Board Staff Report Mr. Lohman, City Attorney, read the Ordinance by title on first reading. Mr. Stillings, Planning Department gave a presentation on the ordinance and it's location in the city. Ordinance No. 02-18 an ordinance of the City Commission amending the Land Development Regulations of the Code of Ordinances, by amending Chapter 4, "Zoning Regulations", Article 4.4 "Base Zoning District". Commissioner Petrolia was not in favor of this ordinance due to the parking problems it would create. Deputy Vice Mayor Johnson agrees with Commissioner Petrolia. Commissioner Katz made a motion to approve Ordinance No. 02-18 on first reading. It was seconded by Vice Mayor Chard. A Roll Call vote was City of Delray Beach Page 13 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 taken. Deputy Vice Mayor Johnson- yes Mayor Glickstein- yes Commissioner Petrolia- no Vice Mayor Chard- yes Commissioner Katz- yes. The motion carried 4-1. approved on first reading 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager No comment. 10.B. City Attorney No commnent. 10.C. City Commission Vice Mayor Chard spoke about the rally against violence and commended the Mayor on his speech. He reported that the students are planning to march on Washington, DC on March 24, 2018. He questioned if there was an amount not to exceed on the consent agenda and Mr. Lohman stated that there was not an amount to exceed. Commissioner Petrolia commended the Mayor as well for his speech at the rally against violence. She had a question regarding an illuminated sign for a tattoo parlor. Mr. Stillings stated that the sign ordinance needs updating. Commissioner Petrolia stated that there was misinformation out there that said she wanted to dismantle the Tennis Center. Deputy Vice Mayor Johnson mentioned an address of 355 N.W. 8th Avenue and the corner of N.W. 4th Street that has a fence that it is a safety hazard. She stated that you have to drive out in the street to see around the fence. The property also has an above ground pool with no fencing surrounding it. Commissioner Katz sent his condolences to the Canning family. He also thanked the Mayor who spoke at the rally against violence. Commissioner Katz's son raised money for the "No Place For Hate" at the Atlantic High School fundraiser. He also attended the Coalition on Neighborhood Alliance Meeting where they were handing out door tags that said "Community Improvement" and that they were endorsing City of Delray Beach Page 14 Printed on 6/6/2018 City Commission Minutes - Final February 20, 2018 candidates. Deputy Vice Mayor Johnson stated she also attended the meeting and thanked the Downtown Development Agency for their presentation. Mayor Glickstein thanked Commissioner Katz for him recognizing Vince Canning and condolences to the Dankler family. He would like to pass a resolution on the subject of school violence before his term ends. Mayor Glickstein reported that the Delray Beach Open tennis tournament costs the taxpayers of this city approximately 1.6 million dollars every year. The City staff also provides inkind services which totals approximately three hundred and fifty thousand dollars per year. There is also a Match Point Championship event that costs the taxpayers another four hundred and twenty thousand dollars. He stated that there are deed restrictions on the property to allow for tennis only, and that there is a twenty-five year contract in place. There being no further business, Mayor Glickstein adjourned the Regular Commission Meeting at 9:05 p.m. City of Delray Beach Page 15 Printed on 6/6/2018

Agenda

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Regular Meeting at 6:00 PM Tuesday, February 20, 2018 Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Jim Chard Deputy Vice Mayor Shirley Ervin Johnson Commissioner Shelly Petrolia Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign-in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting February 20, 2018 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. RESOLUTION NO. 02-18 RECOGNIZING MARGO MURPHY FOR 30 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 02-18 honoring Margo Murphy for 30 years of service. Sponsors: Human Resources Department Attachments: Agenda Cover Memo Resolution 02-18 Margo Murphy 4.B. 211 AWARENESS MONTH PRESENTATION & PROCLAMATION Sponsors: City Clerk Department Attachments: Agenda Cover Memo 211 Awareness Delray 4.C. DOWNTOWN DELRAY BEACH SHOPABILITY ANALYSIS PRESENTED BY GIBBS PLANNING GROUP Recommendation: No recommendation required. Presentation by Gibbs Planning Group only. Sponsors: City Clerk Department Attachments: Agenda Cover Memo City Commission Meeting 2.20.18 Memo - Downtown Shop Ability Study Presentation by Robert Gibbs Delray Shopability Feb 2018 City Council 4.D. CRA MONTHLY REPORT - JANUARY 2018 Recommendation: No action required. CRA Board Update only. Sponsors: Community Redevelopment Agency Attachments: Agenda Cover Memo CRA ED Memo Project Updates January - 2-7-18 7B Financial Rpt Dec 7C Monthly Work Plan January 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager’s response to prior public comments and inquiries City of Delray Beach Page 3 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. APPROVE STAFF PREPARATION AND SUBMITTAL OF THREE GRANT APPLICATIONS AS PART OF THE LOCAL INITIATIVES (LI) PROGRAM AND TRANSPORTATION ALTERNATIVES (TA) PROGRAM FOR PROJECTS TO BE SUBMITTED TO THE PALM BEACH TRANSPORTATION PLANNING AGENCY (TPA) FOR APPROVAL DURING FISCAL YEAR 2018. Recommendation: Motion to allow City staff to proceed with the submittal of the grant applications for Linton Boulevard (US 1 to A1A) and SW Germantown (S Congress Ave to Old Germantown Road, Orchard View Elementary School) for the Local Initiatives Program, and Carl Bolter Drive (Lindell Boulevard to Avocet Road) for the Transportation Alternatives Program. Sponsors: Public Works Department Attachments: Agenda Cover Memo 80' and 60' ROW Typical Proposed Design TABLE PROJECT NAME AND LIMITS.docx 6.B. APPROVAL OF A CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT FOR CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. TO APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. Recommendation: Motion to approve a Consent to Assignment and Assumption Agreement from CB&I Environmental & Infrastructure, Inc. to Aptim Environmental & Infrastructure, Inc. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Memo PL Updated to Aptim_Exp. 06-18.pdf Master AGMT 8.26.15.pdf Consent to Assignment signed by Aptim.pdf CGL Updated to Aptim_Exp. 06-18.pdf 6.C. CHANGE ORDER NO. 1 TO RFQ NO. 2017-032 TO BAXTER & WOODMAN, INC. DBA MATHEWS CONSULTING, A BAXTER & WOODMAN COMPANY, TO ADD THE DESIGN OF A RECLAIMED WATERMAIN TO THE SW 4TH STREET, SW 6TH STREET AND SW 7TH AVENUE PROJECT IN A NOT-TO-EXCEED AMOUNT OF $48,988. Recommendation: Motion to approve the Change Order No. 1 to RFQ No. 2017-032 to Baxter & Woodman, Inc. DBA Mathews Consulting, a Baxter & Woodman Company, to add the design of a reclaimed watermain to the SW 4th Street, SW 6th Street and SW 7th Avenue project in a not-to-exceed amount of $48,988. Sponsors: Public Works Department - Programs & Project Management City of Delray Beach Page 4 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 Attachments: Agenda Cover Memo Executed Agreement.pdf Service Authorization RV.pdf CHANGE ORDER1.doc 6.D. REVOCABLE LICENSE AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO USE THE DELRAY BEACH VISITOR INFORMATION CENTER Recommendation: Motion to approve a Revocable License Agreement with the Downtown Development Authority (DDA) to use of the Delray Beach Visitor Information Center to provide information about downtown business and programs to visitors and residents of the City. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Memo Revocable license agreement Visitor Center final with ex A.pdf Legal Review Checklist Revocable License Agreement with DDA for visitor center.pdf 6.E. AMENDMENT 3 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PLAYERS INTERNATIOINAL MANAGEMENT, INC. Recommendation: Recommended Action: Motion to approve Amendment 3 to the Agreement between the City of Delray Beach and Players International Management, Inc. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Memo Legal Review Checklist PIM amendment No. 3 1-25-18 Amendment 3 to the PIM Agremment - 2-6-18 Amendment 1 Amendment 2 Original PIM Agreement 2018 PIM Event overview 2018 Delray Beach Economic_USTA_ITF Events_ (002) 6.F. INTERLOCAL AGREEMENT - 2018 PALM BEACH COUNTY DROWNING PREVENTION COALITION LEARN TO SWIM REIMBURSEMENT PROGRAM Recommendation: Motion to enter into an Interlocal Agreement with the Palm Beach County Drowning Prevention Coalition (“DPC”) for payment of swimming classes to the City of Delray Beach, FL (“City,”) for the provision of swimming classes/lessons to individuals who present vouchers issued by the DPC Learn to Swim Program. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Memo Legal Checklist and Agreement - Drowning Prevention 6.G. APPROVAL OF FISCAL YEAR 2018 SPENDING GREATER THAN $65,000 WITH CANON SOLUTIONS AMERICA INC FOR REPLACEMENT, MAINTENANCE, AND REPAIRS OF MULTIFUNCTION DEVICES (COPIERS) AND AUTHORIZE FUTURE City of Delray Beach Page 5 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 PURCHASES THROUGH RESOLUTION NO. 13-18. Recommendation: Recommended Action: Motion for retroactive approval of $103,000 for Fiscal Year 2017 and to approve future payment to Canon Solutions America, Inc. for replacement, maintenance, and repairs of multifunction devices in an amount not to exceed $200,000 per fiscal year, and to authorize the City of Delray Beach (City) Manager to exercise any and all renewal options through Resolution No. 13-18. Sponsors: IT Department Attachments: Agenda Cover Memo FLStateCopierContract-11-29-17 DelrayPrintLeases-1-16-18 Delray Report for FY16-17 Resolution 13-18 Canon copy leases 6.H. THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FIBER TRANSPORTATION Recommendation: Recommended Action: Motion to Approve the modification to the Interlocal Agreement (Agreement) between the City of Delray Beach (City) and Palm Beach County which allows Palm Beach County to provide, and the City of Delray Beach to use, leased Multi-Protocol Label Switching (MPLS) and transport fiber between the City and the Disaster Recovery site at the Northwest Regional Data Center in Tallahassee, Florida. Item #4, Exhibit A, Section N of this agreement terminates the previous 5Gb data connection with the GoRACK Data Center in Jacksonville, Florida and increases the internet connection at City Hall from 50Mb to 1Gb. Sponsors: IT Department Attachments: Agenda Cover Memo Delray Beach Second Amendment Delray Beach Third Amendment Palm Beach County Agenda Item for City of Delray R2014-1963 12-16-14 (2) Legal Review Checklist Amendment No. 3 for ILA for PBC for fiber transportation 6.I. TERMINATION AND ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED BY WALMART STORES EAST, LP Recommendation: Motion to Terminate and Accept a Water Main Easement granted by Walmart Stores East, LP for the Walmart Liquor Box Store Expansion project at 16205 S. Military Trail. Sponsors: City Attorney Department City of Delray Beach Page 6 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 Attachments: Agenda Cover Memo Water Main Easement Deed Termination of Water Main Easement Deed 16205 South Military Trail Location Map 6.J. PROCLAMATIONS: 6.J.1. PROCLAMATION IN RECOGNITION OF MR. FRANK VARGA FOR HIS LIFE'S WORK IN PUBLIC AND PRIVATE ART Sponsors: City Clerk Department Attachments: Agenda Cover Memo Frank Varga Proclamation 6.J.2. EATING DISORDERS AWARENESS WEEK Sponsors: City Clerk Department Attachments: Agenda Cover Memo Proclamation for State of FL EDAW 2018 6.K. REPORT OF APPEALABLE LAND USE ITEMS FROM DECEMBER 21, 2017 THROUGH JANUARY 19, 2018 Recommendation: By motion, receive and file this report. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo City Commission Map 02-20-18.pdf A. Delray Verana B. 234 Warehouse Renovation C. Delray 7 Townhomes D. 50 SE 4th Avenue E. 232 SE 7th Avenue 6.L. AWARD OF BIDS AND CONTRACTS: 6.L.1. AWARD OF AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SOUTHEASTERN ENGINEERING CONTRACTORS, INC. FOR MASTER LIFT STATION NO. 1 REHABILITATION (PROJECT NO. 16-030) IN A NOT-TO-EXCEED AMOUNT OF $1,323,689. Recommendation: Motion to award an Agreement with Southeastern Engineering Contractors, Inc. for Master Lift Station No. 1 Rehabilitation (Project No. 16-030) in a total not-to-exceed amount of $1,323,689. Sponsors: Public Works Department - Programs & Project Management City of Delray Beach Page 7 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 Attachments: Agenda Cover Memo 2018-004 Delray MLS No.1 Bid Recommendation.pdf 2018-004 Due Diligence1.xls MASTER LIFT STATION NO.1 REHAB S.E.C. Proposal (2).pdf Legal Review Checklist form v. 4 Agreement with Southeasten Engineering ....pdf 2018-004 signed agreement 7. REGULAR AGENDA: 7.A. REQUEST OF A WAIVER FROM LDR SECTION 4.3.3(ZB)(6) REQUIRING A MINIMUM SEPARATION OF 750’ FROM PROPERTY LINE TO PROPERTY LINE FOR A TATTOO ESTABLISHMENT, SOLID IMAGE TATTOO CO LOCATED AT 306 NE 4TH ST. (QUASI-JUDICIAL HEARING) Recommendation: Motion to approve the waiver to LDR section 4.3.3(ZB)(6) requiring a minimum 750 ft. separation for a tattoo establishment, Solid Image Tattoo Co. located at 306 NE 4th St. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo 306 NE 4th St Board Order Justification letter Distance Map Vatican Tattoo_325 NE 2nd Avenue 7.B. OSTERIA BOSSI, LOCATED AT 32 E. ATLANTIC AVENUE, IN LIEU OF PARKING FEE REQUEST FOR 2 SPACES (QUASI-JUDICIAL HEARING) Recommendation: Motion to approve the in lieu of parking fee request in the amount of $47,320 for 2 parking spaces for Osteria Bossi, located at 32 E. Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the Land Development Regulations, subject to the condition that full payment be paid upon issuance of a building permit. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo 1740 - A101 SITE PLAN-A-101 2018-02-20-Board Order-In Lieu Parking-32 E Atlantic Ave 7.C. NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD Recommendation: Recommend nomination for appointment for one (1) regular member (Citizen-at-Large) to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2019. Sponsors: City Clerk Department City of Delray Beach Page 8 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 Attachments: Agenda Cover Memo Exhibit A Parking Management Advisory Board Member List Parking Management Advisory Board Attendance List 7.D. AWARD OF AN AGREEMENT WITH UNIVERSAL BEACH SERVICES CORP FOR BEACH CLEANING MAINTENANCE AND BEAUTIFICATION SERVICES IN A NOT-TO-EXCEED AMOUNT OF $79,000 Recommendation: Motion to award a (3) three year Agreement with Universal Beach Services Corp. for Beach Cleaning Maintenance And Beautification Services in a total amount not to exceed amount of $237,000 for the Agreement term and authorize the City Manager to exercise any and all renewal options. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Memo RFP NO 2018-020 Universal Beach Services - Additional Information Universal Beach Service Corp_Proposal RFP 2018-020 2018-020 - Submittal Log 2018-020 - RFP Due Diligence 2018-020- Client Reference Check Summary Copy of 2018-020 - RFP Scoring Summary Legal Review Checklist form v. 4 Universal Beach Services Corp 2018-020 signed agreement 8. PUBLIC HEARINGS: 8.A. RESOLUTION NO. 11-18, CONTRACT FOR SALE AND PURCHASE BETWEEN WILLIAM BONNER AND THE CITY (PUBLIC HEARING) Recommendation: Motion to approve Resolution No. 11-18. Sponsors: City Attorney Department Attachments: Agenda Cover Memo Resolution No. 11-18 8.B. ORDINANCE NO. 03-18: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, “DELRAY BEACH CODE ENFORCEMENT GENERAL PROVISIONS”, BY REPEALING SECTIONS 37.01 THROUGH 37.46 AND READOPTING SAME, AS REVISED IN ORDER TO AMEND AND REVISE THE CITY’S CODE ENFORCEMENT PROCEDURES IN ACCORDANCE WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES (SECOND READING) Recommendation: Motion to approve Ordinance 03-18 amending Chapter 37 to conform to the requirements of Chapter 162, Fla. Stat. and allowing the City Manager to appoint a Code Enforcement Board attorney. City of Delray Beach Page 9 Printed on 2/21/2018 City Commission Regular Commission Meeting February 20, 2018 Sponsors: City Attorney Department Attachments: Agenda Cover Memo Ord 03-18 Revising Chapter 37 Code Enforcement.docx Ord. 03-18 Exhibit A.docx 9. FIRST READINGS: 9.A. ORDINANCE NO. 02-18: 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 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS DISTRICT (CBD)”, BY ADDING SUBSECTION 4.4.13(I)(2)(j) “CBD PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET PARKING SPACES” TO NOT REQUIRE ADDITIONAL PARKING FOR CHANGES IN USE IN EXISTING BUILDINGS WITHIN THE CBD RAILROAD CORRIDOR SUB-DISTRICT LYING SOUTH OF SE 2ND STREET, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE (FIRST READING) Recommendation: Approve Ordinance No. 02-18 on First Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 02-18, as presented. Sponsors: Planning & Zoning Department Attachments: Agenda Cover Memo Ord. No. 02-18 P&Z Board Staff Report 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney 10.C. City Commission City of Delray Beach Page 10 Printed on 2/21/2018

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