City Commission

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 4:00 PM Tuesday, May 19, 2020 Commission Chambers Virtual Meeting City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Shirley Ervin Johnson Commissioner Adam Frankel Commissioner Juli Casale  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 May 19, 2020 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. None 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: May 5, 2020 Regular City Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report May 5, 2020 Regular City Commission Meeting Minutes_DRAFT 6.B. AMENDED AND RESTATED LEASE BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE SANDOWAY HOUSE Recommendation: Motion to approve the amended and restated lease agreement between Palm Beach County and the City of Delray Beach for the Sandoway House property. Sponsors: City Manager Department Attachments: Agenda Cover Report Lease. 4.28.2020 HF approved Consent to Sublease Agreement. hf app 2-6-2020 rev LR Legal Review Checklist form v. 6 Sandoway lease with county (1) City of Delray Beach Page 3 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.C. SUBLEASE - SANDOWAY DISCOVERY CENTER Recommendation: Motion to approve Amended and Restate Sublease Agreement between the City of Delray Beach and the Friends of Sandoway House Nature Center, Inc. Sponsors: City Manager Department Attachments: Agenda Cover Report ATTACHMENT A -Signed Sandoway House_Sublessee_Execution__29-04-2020 ATTACHMENT B - Legal Review Checklist form v. 6 Sandoway sublease (1) ATTACHMENT C -Lease. 4.28.2020 HF approved 6.D. FINAL (MINOR) SUBDIVISION REPLAT OF A PORTION OF SECTION 4 AND 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT 2599 NORTH SWINTON AVENUE. Recommendation: Review and consider the Final (Minor) Plat for Lakeview Baptist Church, located at 2599 N. Swinton Avenue, by adopting that the request and approval thereof is consistent with the Land Development Regulations. Sponsors: Development Services Department Attachments: Agenda Cover Report Lakeview Baptist Church Plat - Survey (2019-274) Lakeview Baptist Church Plat - Proposed Plat (2019-274) 6.E. APPROVAL TO SUBMIT APPLICATION FOR STATE OF FLORIDA DIVISION OF HISTORICAL RESOURCES SMALL MATCHING GRANT (SMG) CYCLE. Recommendation: Motion to approve application for State of Florida Division of Historical Resources Small Matching Grant (SMG) Cycle. Sponsors: Development Services Department Attachments: Agenda Cover Report 2020-05-07-Small Matching Grant Memo.docx City of Delray Beach Page 4 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.F. APPROVAL OF RESOLUTION NO. 77-20, APPROVING HURRICANE DORIAN (FEMA - DR 4468 FL) FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENTS BETWEEN THE CITY OF DELRAY BEACH AND THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT AND APPROVAL TO DELEGATE AUTHORITY TO THE MAYOR TO APPROVE MODIFICATIONS TO ATTACHMENT A OF THE AGREEMENT IN ACCORDANCE WITH SECTION TO INCLUDE ADDITIONAL PROJECTS. Recommendation: It is recommended that City Commission adopt Resolution No. 77-20 approving the Form of the Federally-Funded Subaward and Grant Agreements with Florida Department of Emergency Management and authorize the Mayor to execute these agreements related to Hurricane Dorian on behalf of the City. Sponsors: Finance Department Attachments: Agenda Cover Report Legal Review FEMA funds through FL Dept of Emergency Management Hurricane Dorian._ Dorian Contract - DR4468 City of Delray Beach Z1614 Res 77-20 FEMA Grant 6.G. APPROVAL OF AMENDMENT NO. 1 TO THE CITYWORKS ASSET MANAGEMENT, INVENTORY, GIS INTEGRATION AND WORK MANAGEMENT SOLUTION AGREEMENT WITH BLACK & VEATCH CORPORATION FOR IMPLEMENTATION OF PHASES III AND IV Recommendation: Motion to Approve Amendment No. 1 to the Agreement with Black & Veatch Corporation to implement Phases III and IV of the Cityworks asset management, inventory, GIS integration and work management project, in the amount of $650,000, of which is $650,000 is budgeted in FY 2020, for a total cumulative contract amount of $1,177,334. Sponsors: IT Department Attachments: Agenda Cover Report Executed Amend 1 Black & Veatch Exhibit A - Amendment No. 1 COI - Amend 1 Black & Veatch Legal Review Checklist Amend1 to General Consulting Agreement with City of Delray Beach Page 5 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.H. APPROVAL OF AMENDMENT NO. 2 TO PROCURE ADDITIONAL CONSULTING SERVICES RELATED TO AN INFORMATION TECHNOLOGY AUDIT, ASSESSMENTS, RECOMMENDATIONS, AND DEVELOPMENT OF A STRATEGIC PLAN WITH TP SOUTHERN CHARM LIMITED LLC - $48,150 Recommendation: Motion to Approve Amendment No. 2 to the Agreement with TP Southern Charm Limited LLC for additional consulting services related to an information technology audit, assessments, recommendations, and development of a strategic plan, in the amount not to exceed $ 48,150, for a total estimated Agreement amount of $112,350. Sponsors: Purchasing Department Attachments: Agenda Cover Report TP Southern Charm Limited, LLC Agreement TP Southern Charm Limited, LLC Amendment No. 1 to Agreement Signed - Amend 2 - TP Southern Charm Legal Review Checklist TP Southern Charm Amendment 6.I. ADDENDUM TO THE STATE PLAN OF OPERATIONS AGREEMENT BETWEEN THE STATE OF FLORIDA AND THE DELRAY BEACH POLICE DEPARTMENT, 2YTC89 Recommendation: Motion to Approve the Addendum to the State Plan of Operations Agreement between the State of Florida and the Delray Beach Police Department, 2YTC89. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Checklist_LW Fully Executed Agreement 9-20-19 SPOaddendum_lw review_mayor 6.J. APPROVAL TO SUBMIT APPLICATION FOR CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM Recommendation: Motion to approve application for Coronavirus Emergency Supplemental Funding (CESF) Program. Sponsors: Police Department Attachments: Agenda Cover Report CESF bja-2020-18553 Grant Solicitation and Instructions Legal Review Form_CESF Grant City of Delray Beach Page 6 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.K. TRAFFIC ENFORCEMENT AGREEMENT BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND WOODLAKE HOMEOWNER'S ASSOCIATION, INC. Recommendation: Motion to Approve a Traffic Enforcement Agreement between the City of Delray Beach and Woodlake Homeowner's Association, Inc. Sponsors: Police Department Attachments: Agenda Cover Report Partially Executed Traffic Enforcement Agreement-2020 Legal Review Checklist_Woodlake HOA Exhibit A - Certificate of Insurance 6.L. RESOLUTION 57-20: REQUESTING TO APPROVE TWO LED AGREEMENTS WITH FLORIDA POWER AND LIGHT, ONE TO INSTALL NEW LED STREET LIGHTS AND ANOTHER TO CONVERT EXISTING COBRA HEAD STREET LIGHTING TO LED FOR THE SW 4TH ST, SW 6TH ST, SW 7TH AVE, AND SW 3RD CT NEIGHBORHOOD IMPROVEMENTS PROJECT. (PROJECT NO. 17-108) Recommendation: Motion to Approve Resolution No.57-20 to approve two Agreements with Florida Power and Light (FPL), one to install new LED Street Lights and the other to convert existing Cobra Head lighting to LED for the SW 4th St., SW 6th St., SW 7th Ave. & SW 3rd Ct. Neighborhood Improvements Project. This project also includes replacing the existing wood poles for more resilient concrete poles. The lighting will be designed and installed by Florida Power and Light (FPL). FPL requires the City to pay a deposit prior to reviewing and designing the street lights. As such, the design and installation costs associated with the agreements proposed by this resolution was approved by the City Commission on November 5, 2019 with Resolution 191-19. Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Report Resolution No.57-20 Legal Review LED Lighting Agreement with FPL 4th St new lights Legal Review LED Lighting Agreement with FPL 4th St repair or replace lights Delray Beach 4th Street Conversions LT1 Street Light Agreement Delray Beach 4th Street Job Sketch Minus Alleys Delray Beach 4th Street New Lights LT1 Street Light Agreement Delray Beach SL 4th New Lights on Streets Generator Delray Beach SL 4th Street Conversions Selection Sheet City of Delray Beach Page 7 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.M. RATIFICATION OF CHANGE ORDER NO. 1 REVISED SCOPE WITH SHIFF CONSTRUCTION AND DEVELOPMENT, INC. REGARDING THE EXPANSION OF THE DELRAY BEACH MEMORIAL GARDENS PROJECT IN THE AMOUNT NOT-TO-EXCEED $87,152 Recommendation: Motion to Ratify Change Order No. 1 revised scope with Shiff Construction and Development, Inc. regarding the expansion of the Delray Beach Memorial Gardens Project (No.18-020), in the amount not-to-exceed $87,152. Sponsors: Public Works Department Attachments: Agenda Cover Report Delray Beach Memorial Gardens Expansion Supplemental Proposal Res No. 124-19 6.N. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH FOR FUNDING THE SOUTHERN PORTION OF THE DESIGN & ENGINEERING SERVICES FOR GULFSTREAM BOULEVARD IN AN AMOUNT NOT TO EXCEED $250,000. Recommendation: Approve the Interlocal Agreement (ILA) between the City of Delray Beach and the City of Boynton Beach for funding the southern portion of the design and engineering services for Gulfstream Boulevard in an amount not to exceed $250.000 for Fiscal Year 2019-2020. Sponsors: Public Works Department Attachments: Agenda Cover Report SW 36th Ave with City Limits shown Legal Review Checklist form v. 6 ILA with BB for Engineering Desgin of SE 36 Avenue R20-039 Delray Agr Engineering R20-039 6.O. APPROVAL TO APPLY FOR THE FY 2020 ASSISTANCE TO FIREFIGHTERS GRANT-COVID-19 SUPPLEMENTAL (AFG-S) 348,712 IN THE AMOUNT OF $348,712.00 FROM THE DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE RESCUE DEPARTMENT. Recommendation: Staff recommends approval to apply for grant funding from the FY 2020 Assistance to Firefighters Grant -COVID-19 Supplemental. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report FY20_AFG_S_NOFO_final.jv_508ABjv Simple Legal Review Approval - COVID grant 6.P. PROCLAMATIONS: City of Delray Beach Page 8 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.P.1. NATIONAL SAFE BOATING WEEK PROCLAMATION Recommendation: Motion to declare May 16 - 22, 2020 as National Safe Boating Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Safe Boating Week Proclamation 6.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.Q.1. None 6.R. AWARD OF BIDS AND CONTRACTS: 6.R.1. APPROVAL OF RESOLUTION NO. 06-20 TO AWARD AN AGREEMENT WITH GOLDSTAR GRAPHICS, INC. DBA MINUTEMAN PRESS DELRAY BEACH FOR PRINTING SERVICES PURSUANT TO SOLICITATION NO. ITB 2020-010 Recommendation: Motion to Approve Resolution No. 06-20 to award an Agreement with Goldstar Graphics, Inc. dba Minuteman Press Delray Beach for Solicitation No. ITB 2020-10 Printing Services in the amount of $24,000 for the initial term, of which $24,000 is budgeted in FY 2020, and authorize the City Manager to approve renewal options, in the same amounts, contingent on appropriation of funds. Sponsors: Purchasing Department Attachments: Agenda Cover Report Resolution No. 06-20 Award of Agreement (003) Legal Review Checklist printing- Goldstar Graphics Goldstar Graphics, Inc Agreement City of Delray Beach Page 9 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.R.2. APPROVAL OF RESOLUTION NO. 60-20 TO APPROVE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR TROPIC ISLES ROADWAY UNDERGROUND UTILITY IMPROVEMENTS PURSUANT TO RFQ NO. 2019-040 (PROJECT NO. 19-015) Recommendation: Motion to Approve Resolution No. 60-20 to award an Agreement with Kimley-Horn and Associates, Inc. for Professional Engineering Design Services for the Tropic Isles Roadway Underground Utility Improvements project pursuant to RFQ No. 2019-040 (Project No. 19-015) - $274,977 Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Signed Agrmt - Kimley-Horn - Tropic Isles Exhibit A - Scope of Services (final) Exhibit B - Fee Estimate (final) Resolution No. 60-20 Design Tropic Isles KHA rev. Legal Review Checklist form Kimley-Horn Kimley-Horn_Submittal_for_Tropic_Isle_Roadway_Underground_Utility_Improvements 2019-040 Scoring Summary after Technical Evals & Interviews Combo Final 6.R.3. APPROVAL OF RESOLUTION NO. 66-20 TO AWARD AN AGREEMENT WITH SUNSHINE CLEANING SYSTEMS, INC. FOR JANITORIAL SERVICES CITYWIDE (RFP 2019-003) Recommendation: Motion to approve Resolution No. 66-20 to award an Agreement with Sunshine Cleaning Systems, Inc. for Janitorial Services Citywide (RFP 2019-003) in the estimated amount of $1,382,551 for the Agreement term, of which $280,165 is budgeted for FY 2020, and authorize the City Manager to exercise renewal options in the amounts below, contingent upon appropriation of funds. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Sunshine Cleaning Resolution No. 66-20 Sunshine Cleaning Systems, Inc Agreement Revised City of Delray Beach Page 10 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 6.R.4. APPROVAL OF RESOLUTION NO. 67-20 TO AWARD AN AGREEMENT WITH E.J. WARD, INC. UTILIZING THE SOURCEWELL CONTRACT #022217-EJW FOR THE PURCHASE OF A NEW FUEL MANAGEMENT SYSTEM, NEW TERMINALS AND RELATED SOFTWARE Recommendation: Motion to approve Resolution No. 67-20 to award an agreement with E.J. Ward, Inc. to purchase a new Fuel Management System in the amount of $45,856, which is budgeted for FY 2020, utilizing the Sourcewell Contract #022217-EJW, and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Ward Sourcewell Contract Docs (3) EJ Ward Updated Quote Ward End of Life Notice (2) EJ Ward Resolution Legal Review Checklist EJ Ward EJ Ward Agreement Vendor Executed 7. REGULAR AGENDA: 7.A. RESOLUTION NO. 64-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA GRANTING A WAIVER REQUEST TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.13(D)(2)(a)(2) AND TABLE 4.4.13(C) WHICH REQUIRE A MINIMUM REAR SETBACK OF 10 FEET IN THE RAILROAD CORRIDOR SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT, WHEREAS A REAR SETBACK OF FOUR FEET SEVEN INCHES IS PROPOSED FOR 290 SE 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) Recommendation: Review and consider Resolution No. 64-20 to allow a rear setback of 4 feet 7 inches in the Central Business District (Railroad Corridor Sub-district) where a minimum rear setback of 10 feet is required. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 64-20 290 SE 2nd Avenue Staff Report - Waiver_290 SE 2nd Ave Justification Letter 290 SE 2nd Ave Site Plan 290 SE 2nd Ave Survey 290 SE 2nd Ave Elevations Elevations Legal Review Reso 64-20 Waiver Request for 290 SE 2nd Ave City of Delray Beach Page 11 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 7.B. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify 7th and 8th Extensions of State of Emergency, 2nd Extension of Emergency Declaration dated March 28, 2020, 1st Extension of Emergency Declaration dated April 9, 2020, Resolution 85-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report 7th Emergency Declaration Extension - COVID-19 8th Emergency Declaration Extension - COVID-19 Secondextensionofstateofem 3-28-2020 - Stay at home order 1st Ext. of Emergency Declaration (Use of Mask) thru May 9 2020 Resolution 85-20 COVID -19 7.C. CITY COMMISSION MEETING DATES 2020 Recommendation: Motion to approve City Commission Meeting Dates 2020. Sponsors: City Clerk Department Attachments: Agenda Cover Report Calendar Dates 2020 April 2020 – March 2021 Calendar 7.D. AMENDMENTS TO LOCAL RULES AND QUASI-JUDICIAL RULES Recommendation: Provide direction to the City Attorney concerning changes to the Rules of Procedure and the Quasi-Judicial Rules. Sponsors: City Clerk Department Attachments: Agenda Cover Report Rules of Procedures 2019 Quasi-Judicial Rules_ 2019 7.E. APPROVED PROCLAMATION LIST 2020 Recommendation: Motion to approve Proclamation List 2020. Sponsors: City Clerk Department Attachments: Agenda Cover Report Proclamation Guidelines rev 03-26-20 Proclamation List revised 2020 8. PUBLIC HEARINGS: City of Delray Beach Page 12 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 8.A. ORDINANCE NO. 07-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, BY AMENDING SUBSECTION 4.4.13(B), “REGULATING PLANS”; AMENDING FIGURE 4.4.13-6, “WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT REGULATING PLAN”; AMENDING SUBSECTION (C), “ALLOWABLE USES”; AMENDING SUBSECTION (D), “CONFIGURATION OF BUILDINGS”; AMENDING TABLE 4.4.13(B), “BUILDING HEIGHT”; AMENDING TABLE 4.4.13(C), “DIMENSIONAL REQUIREMENTS BY CBD SUB-DISTRICT”; TO LIMIT THE HEIGHT OF PROPERTIES REZONED TO CENTRAL BUSINESS DISTRICT (CBD) FROM SINGLE-FAMILY RESIDENTIAL (R-1-A) WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Review and consider Ordinance No. 07-20 on Second Reading, amendments to the Land Development Regulations Section 4.4.13, Central Business District (CBD), to establish a Limited Height Area and require lower height for properties that are rezoned to Central Business District (CBD) from Single-family Residential (R-1-A) within the West Atlantic Neighborhood Sub-district. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord No 07-20 WAN Limited Height Area Ord No 07-20 PZB Staff Report Legal Review Ord No. 07-20.docx City of Delray Beach Page 13 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 8.B. ORDINANCE NO. 16-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 57. RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES BY AMENDING SUB-SECTION Q OF SECTION 57.05; UPDATING SECTION 57.02 DEFINITIONS; AMENDING SECTION 57.12 CONSTRUCTION BOND; REPEALING SECTION 57.13 SECURITY FUND; AND AMENDING THE CODE OF ORDINANCES BY ADOPTING AN ENTIRELY NEW CHAPTER 58. TO BE ENTITLED “RIGHT-OF-WAY APPLICATION PROCESS FOR SMALL WIRELESS FACILITIES” TO IMPLEMENT REGULATIONS SET FORTH IN THE “ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT”, CODIFIED AT SECTION 337.401(7), FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING) Recommendation: Review and consider Ordinance No. 16-20 on Second Reading. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord 16-20(1) Legal Review Ord 16-20 Small Cell Towers 9. FIRST READINGS: City of Delray Beach Page 14 Printed on 5/19/2020 City Commission Regular Commission Meeting May 19, 2020 9.A. ORDINANCE NO. 10-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, BASE DISTRICT DEVELOPMENT STANDARDS, SUBSECTION 4.3.4(H)(4) SETBACKS; SECTION 4.4.13, CENTRAL BUSINESS DISTRICT, SUBSECTION 4.4.13(D), CONFIGURATION OF BUILDINGS, AND SECTION 4.6.9, OFF-STREET PARKING REGULATIONS, AND SUBSECTION 4.6.9(D)(1) DESIGN STANDARDS, TO ESTABLISH REGULATIONS FOR SUBGRADE PARKING AND STORAGE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 10-20, a City-initiated amendment to Section 4.3.4 “Base District Development Standards”, Subsection 4.3.4(H) (4) “Setbacks”, Section 4.4.13 “Central Business District”, Subsection 4.4.13(D) “Configuration of buildings”, and Section 4.6.9 “Off-street parking regulations”, Subsection 4.6.9(D)(1) “Design standards,” of the Land Development Regulations to allow subgrade parking within the required site setbacks. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 10-20 PZB Staff Report (Ord No. 10-20) Legal Review - Ord. 10-20 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 15 Printed on 5/19/2020