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, July 21, 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 July 21, 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: June 9, 2020 City Commission Workshop Meeting Minutes June 24, 2020 Special City Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report June 9, 2020 City Commission Workshop Meeting Minutes_DRAFT June 24, 2020 Special City Commission Meeting Minutes_DRAFT City of Delray Beach Page 3 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 6.B. RESOLUTION NO. 119-20: HISTORIC PROPERTY AD VALOREM TAX EXEMPTION REQUEST FOR 701 NORTH SWINTON AVENUE Recommendation: Review and consider Resolution No. 119-20; approving a Historic Property Ad Valorem Tax Exemption request for improvements to the contributing structure and property located at 701 North Swinton Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 119-20-701 N. Swinton Avenue Ad Valorem Tax Exemption Application-701 N. Swinton Ave-2020-07-21 Warranty Deed & Tax Bill - 701 N. Swinton Avenue-2020-07-21 Certificate of Occupancy-701 N. Swinton Avenue-2020-07-21 Site Plan Elevations-701 N. Swinton Ave-2020-07-21 Photographs-701 N. Swinton Ave-2020-06-21 City Approval Letter-701 N. Swinton Ave-2020-07-21 HPB Staff Report-701 N. Swinton Avenue-2020-06-17 Simple Legal Review Approval 119-20 6.C. RESOLUTION NO. 120-20: HISTORIC PROPERTY AD VALOREM TAX EXEMPTION REQUEST FOR 101 NE 5th STREET Recommendation: Review and consider Resolution No. 120-20; approving a Historic Property Ad Valorem Tax Exemption request for improvements to the contributing structure and property located at 101 NE 5th Street. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 120-20-101 NE 5th Street (003) Ad Valorem Tax Exemption Application-101 NE 5th Street-2020-07-21 Site Plan Elevations-101 NE 5th Street-2020-07-21 Photographs-101 NE 5th Street-2020-07-21 HPB Staff Report-101 NE 5th Street-2020-03-04 Certification Letter - 101 NE 5th St-2020-07-21 Simple Legal Review Approval 120-20 City of Delray Beach Page 4 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 6.D. RESOLUTION NO. 121-20: HISTORIC PROPERTY AD VALOREM TAX EXEMPTION REQUEST FOR 777 NORTH OCEAN BOULEVARD Recommendation: Review and consider Resolution No. 121-20, approving a Historic Property Ad Valorem Tax Exemption request for improvements to the contributing structure and property located at 777 North Ocean Boulevard. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 121-20-777 North Ocean Boulevard Ad Valorem Tax Exemption Application-777 N. Ocean Blvd-2020-07-21 Photographs-777 N. Ocean Blvd-2020-07-21 Site Plan Elevations-777 N. Ocean Blvd-2020-07-21 HPB Staff Report-777 N Ocean Blvd-2020-07-01 City Approval Letter-777 N. Ocean Blvd-2020-07-21 Simple Legal Review Approval 121-20 6.E. RESOLUTION NO. 61-20 TO AWARD SERVICE AUTHORIZATION NO. 6 WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. IN THE AMONG NOT-TO-EXCEED $157,552 FOR COASTAL ENGINEERING CONSULTING SERVICES INCLUDING PRELIMINARY FEDERAL REAUTHORIZATION COORDINATION, ENGINEERING FOR THE 6TH PERIODIC BEACH RENOURISHMENT PROJECT AND MONITORING FOR THE CITY OF DELRAY BEACH'S NOURISHMENT PROGRAM (PROJECT NO. 17-081). Recommendation: Approval of a Resolution No. 61-20 to award Service Authorization No.6 with Aptim Environmental & Infrastructure, Inc. in the amount not-to-exceed $157,552 for Coastal Engineering Consulting Services including preliminary federal reauthorization coordination, engineering for the 6th periodic beach renourishment project and monitoring for the City of Delray Beach’s Nourishment Program. (Project No. 17-081) Sponsors: Public Works Department - Programs & Project Management Attachments: Agenda Cover Report Res 61-20 Aptim SA#6 Legal Review Checklist Consulting Service Authorization with Aptim Environmental & Infrastructure LLC Aptim SA#6 Preliminary Federal Reauthorization, Engineering for 6th Renourishment & Monitoring 3.2.20 City of Delray Beach Page 5 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 6.F. APPROVAL OF AMENDMENT NO. 1 TO RENEW THE CITY’S AGREEMENT WITH APTIM ENVIRONMENTAL AND INFRASTRUCTURE, INC. FOR COASTAL ENGINEERING CONSULTING SERVICES (RFQ NO. 2015-01) - $500,000 Recommendation: Motion to Approve Amendment No. 1 to renew the Agreement with APTIM Environmental and Infrastructure, Inc. for Coastal Engineering Consulting Services in the amount of $500,000. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Amendment 1 to Agreement Delray Beach SIGNED by APTIM_061620 Legal Review Checklist Aptim City of Delray Beach Page 6 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 6.G. ITEMS A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14, A15, A16, A17 - ACCEPTANCE OF (17) RIGHT OF WAY DEDICATION(S) FOR CARVER SQUARE WORKFORCE HOUSING Recommendation: Consideration of the following items: RIGHT OF WAY DEED(S) Item A1 Motion to approve and accept a Right of Way Dedication by the owner of 700 SW 2nd Court (Lot 11). Item A2 Motion to approve and accept a Right of Way Dedication by the owner of 701 SW 3rd Street (Lot 30). Item A3 Motion to approve and accept a Right of Way Dedication by the owner of 702 SW 2nd Terrace (Lot 21). Item A4 Motion to approve and accept a Right of Way Dedication by the owner of 703 SW 2nd Terrace (Lot 20). Item A5 Motion to approve and accept a Right of Way Dedication by the owner of 704 SW 2nd Terrace (Lot 22). Item A6 Motion to approve and accept a Right of Way Dedication by the owner of 705 SW 2nd Terrace (Lot 19). Item A7 Motion to approve and accept a Right of Way Dedication by the owner of 708 SW 2nd Terrace (Lot 23). Item A8 Motion to approve and accept a Right of Way Dedication by the owner of 709 SW 2nd Terrace (Lot 18). Item A9 Motion to approve and accept a Right of Way Dedication by the owner of 712 SW 2nd Terrace (Lot 24). Item A10 Motion to approve and accept a Right of Way Dedication by the owner of City of Delray Beach Page 7 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 713 SW 2nd Terrace (Lot 17). Item A11 Motion to approve and accept a Right of Way Dedication by the owner of 716 SW 2nd Court (Lot 15). Item A12 Motion to approve and accept a Right of Way Dedication by the owner of 716 SW 2nd Terrace (Lot 25). Item A13 Motion to approve and accept a Right of Way Dedication by the owner of 717 SW 3rd Street (Lot 26). Item A14 Motion to approve and accept a Right of Way Dedication by the owner of 704 SW 2nd Court (Carver Square Lot 12). Item A15 Motion to approve and accept a Right of Way Dedication by the owner of 708 SW 2nd Court (Carver Square Lot 13). Item A16 Motion to approve and accept a Right of Way Dedication by the owner of 712 SW 2nd Court (Carver Square Lot 14). Item A17 Motion to approve and accept a Right of Way Dedication by the owner of 720 SW 2nd Terrace (Carver Square Lot 16). Sponsors: Public Works Department City of Delray Beach Page 8 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 Attachments: Agenda Cover Report Item 1(1) - Legal Reviews Item A1a- ROW - 700 SW 2nd Court (Lot 11) Item A1b - Exhibit A -700 SW 2nd Ct (Lot 11) Item A2a - ROW - 701 SW 3rd Street (Lot 30) Item A2b - Exhibit A - 701 SW 3rd St. (Lot 30) Item A3a - ROW - 702 SW 2nd Ter. (Lot 21) Item A3b - Exhibit A - 702 SW 2nd Ter. (Lot 21) Item A4a- ROW - 703 SW 2nd Ter. (Lot 20) Item A4b- Exhibit A - 703 SW 2nd Ter. (Lot 20) Item A5a- ROW - 704 SW 2nd Ter. (Lot 22) Item A5b - Exhibit A - 704 SW 2nd Ter. (Lot 22) Item A6a - ROW - 705 SW 2nd Ter. (Lot 19) Item A6b - Exhibit A - 705 SW 2nd Ter. (Lot 19) Item A7a - ROW - 708 SW 2nd Ter. (Lot 23) Item A7b- Exhibit A - 708 SW 2nd Ter. (Lot 23) Item A8a - ROW - 709 SW 2nd Ter. (Lot 18) Item A8b- Exhibit A - 709 SW 2nd Ter. (Lot 18) Item A9a- ROW - 712 SW 2nd Ter. (Lot 24) Item A9b- Exhibit A - 712 SW 2nd Ter. (Lot 24) Item A10a- ROW - 713 SW 2nd Ter. (Lot 17) Item A10b - Exhibit A - 713 SW 2nd Ter. (Lot 17) Item A11a - ROW - 716 SW 2nd Ct. (Lot 15) Item A11b- Exhibit A - 716 SW 2nd Ct. (Lot 15) Item A12a - ROW - 716 SW 2nd Ter. (Lot 25) Item A12b - Exhibit A - 716 SW 2nd Ter. (Lot 25) Item A13a - ROW - 717 SW 3rd St. (Lot 26) Item A13b - Exhibit A - 717 SW 3rd St. (Lot 26) Item A14a - ROW - 704 SW 2nd Ct. (Carver Sq. Lot 12) Item A14b - Exhibit A - 704 SW 2nd Ct. (Carver Sq. Lot 12) Item A15a - ROW - 708 SW 2nd Ct. (Carver Sq. Lot 13) Item A15b - Exhibit A - 708 SW 2nd Ct. (Carver Sq. Lot 13) Item A16a - ROW - 712 SW 2nd Ct. (Carver Sq. Lot 14) Item A16b - Exhibit A - 712 SW 2nd Ct. (Carver Sq. Lot 14) Item A17a - ROW - 720 SW 2nd Ter. (Carver Sq. Lot 16) Item A17b - Exhibit A - 720 SW 2nd Ter. (Carver Sq. Lot 16) City of Delray Beach Page 9 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 6.H. APPROVAL TO BE CO-APPLICANT WITH THE CITY OF BOYNTON BEACH TO SUBMIT A GRANT APPLICATION TO REBUILD FLORIDA GENERAL INFRASTRUCTURE PROGRAM (GIP) ADMINISTERED BY THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT-MITIGATION (CDBG-MIT) ALLOCATION AS DESCRIBED IN PUBLIC LAW 115-123. Recommendation: Motion to approve Co-Application with the City of Boynton Beach for a Construction and Administration Grant to Rebuild Florida GIP Administered by the State of Florida DEO and funded by the U.S. Department of HUD CDBG-MIT allocation as described in Public Law 115-123. Sponsors: Public Works Department Attachments: Agenda Cover Report ILA Agreement with City of Boynton Beach and CODB for Engineering Design of SE 36th Avenue_Recorded Rebuild Florida GIP guidelines_6-12-20 Rebuild Florida GIP-checklist-and-instructions 061220 Gulfstream Simple Legal Review Approval 070120 6.I. PROCLAMATIONS: 6.I.1. None 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.J.1. REPORT OF APPEALABLE LAND USE ITEMS FROM MARCH 23, THROUGH JUNE 26, 2020. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable_Items_Map A - Appealable Report - 111 SE 7th Avenue B - Appealable Report - 159 Marine Way C - Appealable Report - Heritage Here D - Appealable Report - Keele Center; 4575 Linton Blvd E -Appealable Report - Echelon 1625 S. Ocean Blvd F - Appealable Report - 7-Eleven Store #34793; 13555 S. Military Trl. 6.K. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 10 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 6.K.1. APPROVAL OF RESOLUTION NO. 104-20 TO AWARD AN AGREEMENT TO DELL MARKETING LP, FOR PURCHASE OF TECHNOLOGY PRODUCTS, SERVICES AND SOLUTIONS; UTILIZING STATE OF FLORIDA ALTERNATE CONTRACT SOURCE NO. 43211500-WSCA-15-ACS - $400,000 Recommendation: Motion to approve Resolution No. 104-20 to award an Agreement to Dell Marketing LP, for the purchase of technology products, services and solutions in the estimated amount of $400,000 through July 31, 2021, of which $43,000 is budgeted for FY2020, utilizing the State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS, contingent on appropriations of funds. Sponsors: IT Department and Purchasing Department Attachments: Agenda Cover Report Agreement - Dell - State of Florida ACS_Dell Signed 10Jun2020 Resolution 104-20 Dell Marketing State of Florida ACS Legal Review Checklist Dell (edited to note piggyback indemnification paragraph) - Copy Computer Equipment Amendment ADA (Dell Marketing LP) Dell PUR 1000 2020 adopted IT budget with items highlighted for Dell Contract Capital Improvement Project Request Form - PC Replacement 7. REGULAR AGENDA: City of Delray Beach Page 11 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 7.A. RESOLUTION NO. 96-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF A PORTION OF THE RHODES VILLA AVENUE RIGHT-OF-WAY, LYING ADJACENT TO THE NORTHWEST CORNER OF LOT 8 (1006 RHODES VILLA AVENUE) OF SAID “DELRAY BEACH SHORES” PLAT AS RECORDED IN THE PLAT BOOK 23, PAGES 167 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 116-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FINAL PLAT REQUEST FOR A MINOR SUBDIVISION THAT CONTAINS A NON-CONFORMITY FOR A TWO-LOT SUBDIVISION KNOWN AS “1004-1006 RHODES VILLA”, WHICH CONSISTS OF A COMBINATION OF LOTS OF RECORD DESCRIBED AS LOT 8, AND THE WEST 6 FEET OF LOT 7, TOGETHER WITH LOT 9 AND THE SOUTH 25 FEET OF LOT 10 TOGETHER WITH THE ABANDONED 10 FEET OF THE SOUTH 45 FEET OF RHODES VILLA AVENUE RIGHT-OF-WAY, DELRAY BEACH SHORES, PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 96-20 approving a the abandonment of a portion of the Rhodes Villa Avenue right-of-way, lying adjacent to the Northwest Corner of Lot 8 (1006 Rhodes Villa Avenue) of said “Delray Beach Shores” Plat as recorded in the Plat Book 23, Page 167 of the Official Records of Palm Beach County, Florida. Review and consider Resolution No. 116-20 approving a Final Plat request for a Minor Subdivision that contains a non-conformity for a two-lot subdivision known as “1004-1006 Rhodes Villa” Plat, which consists of a combination of lots of record and a portion of abandoned Rhodes Villa Avenue right-of-way originally platted as part of the “Delray Beach Shores” Plat Book 23, Page 167 of the of the Official Records of Palm Beach County, Florida. Sponsors: Development Services Department City of Delray Beach Page 12 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 Attachments: Agenda Cover Report Res. No. 96-20: Rhodes Villa - Abandonment of ROW Rhodes Villa 96-20- Proposed Legal and Sketch Rhodes Villa 96-20- 1004 Rhodes Villa Survey Rhodes Villa 96-20- 1006 Rhodes Villa Survey Legal Review Reso 96-20 Abandonment 1006 Rhodes Villa Ave Res. No. 116-20: 1004-1006 Rhodes Villa Plat Rhodes Villa Plat 116-20- 1004-1006 Rhodes Villa Plat Rhodes Villa Plat 116-20- Justification Letter from Applicant Legal Review for Reso 116-20 Rhodes Villa Plat 7.B. RESOLUTION NO. 115-20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A PLAT REQUEST FOR A TWO-LOT SUBDIVISION KNOWN AS “PINEAPPLE TRAIL”, LOCATED ON THE SOUTHEAST CORNER OF NE 10TH STREET AND NE 2ND AVENUE (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 115-20: Certification of a final plat for a two-lot subdivision known as “Pineapple Trail”, located on the southeast corner of NE 10th Street and NE 2nd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 115-20 Pineapple Trail Replat Pineapple Trail Proposed Replat Pineapple Trail Replat Survey Pineapple Trail Justification Legal Review Res 115-20 Pineapple Trail Plat 7.C. RESOLUTION NO. 117-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF A SIX-FOOT SANITARY SEWER EASEMENT. Recommendation: Review and consider Resolution No. 117-20, for the abandonment of a sanitary sewer easement. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 117-20 316 N Ocean BLVD 316 N. Ocean BLVD: Property Survey Legal Review Reso 117-20 Sewer Easement Abandonment City of Delray Beach Page 13 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 7.D. RESOLUTION NO. 118-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FINAL PLAT, REQUEST FOR A MAJOR SUBDIVISION WITH WAIVERS FOR A 40-LOT SUBDIVISION KNOWN AS “BANYAN COURT”, WHICH CONSISTS OF A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Recommendation: Review and consider Resolution No. 118-20 for a final plat to create 40 lots, private tracts, and easements pertaining to an approved single-family residential development known as Banyan Court. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 118-20 Banyan Court Plat Banyan Court - Proposed Plat Banyan Court - Engineering Plans Banyan Court - Survey Banyan Court - PZB Staff Report Banyan Court - Waiver Request Letter Legal Review for Reso 118-20 Banyan Court Plat 7.E. PROPOSED MILLAGE LEVY RATE/DOWNTOWN DEVELOPMENT AUTHORITY (DDA) Recommendation: Motion to Approve staff's recommendation that the City Commission approve the DDA millage rate at 1.0000 for FY 2021. Sponsors: Downtown Development Authority and Finance Department Attachments: Agenda Cover Report 2020 Estimate of Taxable Value Delray Beach DDA DDA Detailed Budget as of May 2020 Delray Beach DDA FY20-21 Millage Approval Memo 6.15.20 7.F. FISCAL YEAR 2021 PROPOSED MILLAGE RATE Recommendation: Motion to approve staff's recommendation that the City Commission set a total millage of 6.8497 for FY 2021 (6.6611 for operating and 0.1886 for debt service). Sponsors: Finance Department Attachments: Agenda Cover Report 2021 Proposed Millage Rate City of Delray Beach Page 14 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 7.G. RESOLUTION NO. 125-20 BUDGET AMENDMENT Recommendation: Motion to Approve Resolution No. 125-20 amending the budget for Fiscal Year (FY) 2019/20 adopted September 17, 2019. Sponsors: Finance Department Attachments: Agenda Cover Report Legal Review Reso 125-20 Budget Amendment Resolution 125-20 Budget Amendment Exhibit A Mid-Year Amendment Narrative FY 2020 7.H. NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD Recommendation: Motion to approve nominations for appointment for three (3) regular members to serve on the Green Implementation Advancement Board for a two (2) year term ending July 30, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Green Implementation Advancement Board 2020 Quarterly Attendance GIAB Adamo Malleck Seckler Shaheen Stern 7.I. NOMINATIONS FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD Recommendation: Motion to approve nominations for appointment for two (2) regular members (Citizen-at-Large) to serve on the Parking Management Advisory Board for a two (2) year term ending July 30, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Parking Management Advisory Board 2020 Quarterly Attendance PMAB Burgess Cullinan Hallyburton City of Delray Beach Page 15 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 7.J. NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD Recommendation: Motion to approve nominations for appointment for four (4) regular members to serve on the Police Advisory Board. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Police Advisory Board Cannon Evans McNally Potts Safranski Trupia Waring 7.K. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Recommendation: Motion to approve nominations for appointment for four (4) regular members to serve on the Public Art Advisory Board for a two (2) year term ending July 30, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Public Art Advisory Board Aronstein Cabana Cooper Fitzsimmons Jacobson Keeler Pereira Sherman Vasiliou City of Delray Beach Page 16 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 7.L. DIRECTION CONCERNING REQUEST FOR INDEMNIFICATION Recommendation: The City Attorney seeks direction regarding a request from George Gretsas seeking indemnification by the City. Sponsors: City Attorney Department Attachments: Agenda Cover Report cease and desist letter Homestead Concrete Email 7.M. EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND INTERIM CITY MANAGER JENNIFER ALVAREZ Recommendation: Motion to approve the Employment Agreement between the City of Delray Beach and Interim City Manager Jennifer Alvarez. Sponsors: City Attorney Department Attachments: Agenda Cover Report Interim City Manager Agreement with Jennifer Alvarez FINAL 8. PUBLIC HEARINGS: 8.A. ORDINANCE NO. 30-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 34, “ELECTIONS”; SECTION 34.01, “STATE LAWS TO GOVERN” OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION (B) IN ITS ENTIRETY; 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 30-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report Ordinance 30-20 9. FIRST READINGS: City of Delray Beach Page 17 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 9.A. ORDINANCE NO. 12-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.13 “CENTRAL BUSINESS DISTRICT”, SUBSECTION 4.4.13(C)(3)(b) “CENTRAL CORE AND BEACH SUB-DISTRICTS”, TO AMEND THE BASIS FOR GROUND FLOOR RETAIL REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (FIRST READING). Recommendation: Review and consider a request to approve Ordinance No. 12-20, a City-initiated amendment to the Land Development Regulations, Section 4.4.13 “Central Business District,” subsection 4.4.13(C)(3)(b), to provide exception to the retail requirement within the Central Core and Beach Sub-districts for properties that have 80 percent or more of frontage at a setback of 25 feet or greater. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 12-20 - CBD Required Retail Frontage Ord. No. 12-20 - PZB Staff Report Ord. No. 12-20 - Map of Area Impacted by the Amendment Ord. No. 12-20 - Legal Review City of Delray Beach Page 18 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 9.B. ORDINANCE NO. 22-20: 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 2, “ADMINISTRATIVE PROCEDURES, ARTICLE 2.2, “ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS,” SECTION 2.2.5, “RESERVED,” TO ADD THE PUBLIC ART ADVISORY BOARD INCLUDING THE BOARD’S COMPOSITION, MEETING REQUIREMENTS, AND DUTIES; AND, ARTICLE 2.4, “GENERAL PROCEDURES,” SECTION 2.4.3, “SUBMISSION REQUIREMENTS” TO SPECIFY THAT MURALS ARE REVIEWED SEPARATE FROM ARCHITECTURAL ELEVATIONS; BY AMENDING CHAPTER 8, “SPECIAL IMPLEMENTATION PROGRAMS,” SECTION 8.5.2, “PUBLIC ART ADVISORY BOARD,” TO AMEND THE PUBLIC ART ADVISORY BOARD’S DUTIES TO INCLUDE RENDERING OPINIONS ON MURALS, ADDING SECTION 8.5.3, “MURALS”, TO ESTABLISH REQUIREMENTS AND CRITERIA FOR MURALS,” PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 22-20 on First Reading, City-initiated amendments to the Land Development Regulations to amend the Public Art Advisory Board's duties to include rendering opinions on murals and establish requirements and criteria for murals. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 22-20, Murals Ordinance No. 22-20, Murals: Staff Report Ordinance No. 22-20: Legal Review Approval 9.C. ORDINANCE NO. 40-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, “ELECTIONS,” OF THE CODE OF ORDINANCES BY AMENDING “QUALIFICATIONS FOR CANDIDACY”, SECTION 34.16, ”FILING OF NOMINATING PETITION”; BY AMENDING SUBSECTION (A)(1)(a) TO PROVIDE FOR A ONE YEAR RESIDENCY REQUIREMENT PRIOR TO THE START OF THE QUALIFYING PERIOD; BY AMENDING SUBSECTION (A)(2) TO PROVIDE FOR ALTERNATIVES TO THE NUMBER OF PETITIONS OF REGISTERED VOTERS REQUIRED TO QUALIFY AS A CANDIDATE; BY PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Motion to approve Ordinance 40-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report Ord 40-20 amending Ch 3 Qualifications for Candidacy final 7-20-2020 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: City of Delray Beach Page 19 Printed on 7/20/2020 City Commission Regular Commission Meeting July 21, 2020 A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 20 Printed on 7/20/2020