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 2nd Budget Public Hearing/Regular Meeting at 4:00 PM Tuesday, September 22, 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 September 22, 2020 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. RESOLUTION NO. 86-20 RECOGNIZING JANET MEEKS FOR 30 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 86-20 honoring Janet Meeks for 30 years of service. Sponsors: Human Resources Department Attachments: Agenda Cover Report Resolution 86-20 Janet Meeks 4.B. PRESENTING LATOYA JOHNSON, CUSTOMER SERVICE ASSISTANT, WITH EMPLOYEE OF THE MONTH FOR FEBRUARY 2020. Recommendation: Motion to present LaToya Johnson, Customer Service Assistant, with Employee of the Month for February 2020. Sponsors: Human Resources Department Attachments: Agenda Cover Report Employee of Month (February) - LaToya Johnson.pdf 4.C. PRESENTING CAPTAIN SEAN GIBSON, FIRE FIGHTER, WITH EMPLOYEE OF THE MONTH FOR MARCH 2020. Recommendation: Motion to present Captain Sean Gibson, FIRE FIGHTER, with Employee of the Month for March 2020. Sponsors: Human Resources Department Attachments: Agenda Cover Report Employee of the Month (March) - Sean Gibson.pdf 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 City of Delray Beach Page 3 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.A. FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) FOR RENEWAL OF PROPERTY INSURANCE POLICY Recommendation: Motion to approve renewal of Property, Excess Liability and Excess Workers' Compensation Insurance from the Florida Municipal Trust Fund (FMIT) for $1,374,080 for the coverage period 10/1/2020 through 9/30/2021. Sponsors: Human Resources Department Attachments: Agenda Cover Report FMIT Renewal of Property Insurance Policy Memo FMIT Quote Comparison FMIT Premium Summary FMIT Market Summary Resolution for Property Insurance 6.B. EXTENSION FOR THE 2019-2020 STATEWIDE SCHOOL READINESS PROVIDER CONTRACT WITH THE CHILDREN SERVICES COUNCIL (CSC) FOR THE AFTER SCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE DELRAY BEACH COMMUNITY CENTER WITH THE EARLY LEARNING COALITION (ELC) OF PALM BEACH COUNTY, INC. Recommendation: Motion to approve School Readiness extension for contract year 2019-2020 fiscal year due to the state of emergency caused by the COVID-19 pandemic which resulted in delays in the Coalition's and the City's ability to fulfill certain requirements to execute the 2020-2021 Statewide School Readiness Contract prior to June 30, 2020. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Legal Review_School Readiness Extension of 2019 Agreement SchoolReadiness_contract Extension2019 6.C. GRANT APPLICATION AND APPROVAL/FDOT PEDESTRIAN & BICYCLE SAFETY Recommendation: Motion to approve the application and award from the Florida Department of Transportation (FDOT) in the amount not to exceed $65,000.00 for the pedestrian and bicycle safety education and enforcement program. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Form_FDOT Bicycle_High visibility_grant_lw City of Delray Beach PD Approved Contract 18Aug2020 with signature blocks City of Delray Beach Page 4 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.D. STATE AND LOCAL TASK FORCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) Recommendation: Motion to approve a State and Local Task Force Agreement with Drug Enforcement Administration (DEA). Sponsors: Police Department Attachments: Agenda Cover Report State and Local Task Force FY 20_lw_9_3_20 Legal Review Checklist_LW_20 - DEA Task Force 2020 6.E. CORONAVIRUS RELIEF FUNDS (CRF) SUBRECIPIENT AGREEMENT AMENDMENT 1 - FLORIDA HOUSING FINANCE CORPORATION (FHFC) Recommendation: Motion to authorize and approve the First Amendment to CRF Subrecipient Agreement 113-2020 between the City of Delray Beach and Florida Housing Finance Corporation (FHFC) for a total amount of $387,544 for rental and mortgage assistance payments or emergency repairs for income eligible persons who have experienced hardships related to the COVID-19 emergency. Sponsors: Community Improvement Attachments: Agenda Cover Report Legal Review Checklist First Amendment to Agreement No. 113-2020 113-2020 - Amendment 1 CRF Executed Subrecipient Agreement 6.F. APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH CAFFE LUNA ROSA, INC. d/b/a CAFFE LUNA ROSA PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Recommendation: Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Caffe Luna Rosa, Inc. d/b/a Caffe Luna Rosa providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment no. 2--Caffe Luna Rosa Simple Legal Review Approval - Amend No 2 to Valet License Agreements City of Delray Beach Page 5 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.G. APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH CUT 432, LLC, d/b/a CUT 432 PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Recommendation: Motion to approve Amendment #1 to the October 1, 2019 Valet Parking License Agreement with Cut 432, LLC, d/b/a Cut 432 providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment no. 2--CUT 432 Simple Legal Review Approval - Amend No 2 to Valet License Agreements 6.H. APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH DELRAY TACO, LLC, d/b/a ROCCO'S TACOS PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Recommendation: Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Delray Taco, LLC, d/b/a Rocco's Tacos providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment no. 2--Delray Taco Simple Legal Review Approval - Amend No 2 to Valet License Agreements 6.I. APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH OSTERIA NUMERO UNO, LTD d/b/a ELISABETTA'S PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Recommendation: Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Osteria Numero Uno, LTD d/b/a Elisabetta's providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment no. 2--Elisabettas Simple Legal Review Approval - Amend No 2 to Valet License Agreements City of Delray Beach Page 6 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.J. APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH TAVERNA OPA ATLANTIC, LLC PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Recommendation: Motion to approve Amendment #2 to the October 1, 2019 Valet Parking License Agreement with Taverna Opa Atlantic, LLC providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment no. 2--Taverna Opa Simple Legal Review Approval - Amend No 2 to Valet License Agreements 6.K. APPROVING AMENDMENT #2 TO THE OCTOBER 1, 2019 VALET PARKING LICENSE AGREEMENT WITH THE GROVE HOSPITALITY GROUP, LLC, PROVIDING VALET PARKING SERVICES TO EXTEND FOR TWO YEARS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY BEACH (CITY) Recommendation: Motion to approve Amendment #1 to the October 1, 2019 Valet Parking License Agreement with The Grove Hospitality Group, LLC, providing valet parking services to extend the license from October 1, 2020 until September 30, 2022. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment no. 2--the Grove Simple Legal Review Approval - Amend No 2 to Valet License Agreements City of Delray Beach Page 7 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.L. DEDICATION OF A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT FOR 223 NE 12th St. (ITEM A1) AND ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR 301 NE 8TH AVE (ITEM B1). Recommendation: Consideration of the following items: UTILITY EASEMENT DEDICATION(S) Item A1 - Motion to approve the dedication of a Utility Easement to Florida Power and Light for 223 NE 12th St. from the City of Delray Beach. RIGHT-OF-WAY DEED(S) Item B1 - Motion to approve and accept a Right-of-Way Deed for 301 NE 8th Ave. to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Review(s) Item (A1a) Underground Easement (Business) 223 NE 12th St. Item (A1b) Exhibit A Sketch - 223 NE 12th St. Item (B1a) ROW Deed 301 NE 8th Ave Item (B1b) Exhibit A Sketch - 301 NE 8th Ave. 6.M. MOTION TO RATIFY CHANGE ORDER NO. 2 WITH HENRY SCHEIN, INC. FOR MEDICAL SUPPLIES IN THE AMOUNT NOT TO EXCEED $35,000 Recommendation: Recommended Action: Motion to Ratify Change Order No. 2 for additional medical supplies from approval with Henry Schein, Inc., in the not to exceed amount of $35,000. Sponsors: Fire Rescue Department and Purchasing Department Attachments: Agenda Cover Report Henry Schein Outstanding Invoices 08-28-20 6.N. APPROVAL OF INCREASE IN THE AMOUNT OF $100,000 PER CONTRACT TERM WITH AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC.,FOR WELLFIELD MAINTENANCE SERVICES FOR THE UTILITIES DEPARTMENT. Recommendation: Motion to approve an increase of $100,000 per contract term for a total estimated contract amount of $1,875,000 with Aquifer Maintenance and Performance Systems, Inc. for wellfield maintenance services for the Utilities department. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report P2018-011 Wellfield Maintenance Agreement Executed (1)_Res 24-18 AMPS Renewal City of Delray Beach Page 8 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.O. PROCLAMATIONS: 6.O.1. None 6.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.P.1. None 6.Q. AWARD OF BIDS AND CONTRACTS: 6.Q.1. APPROVAL OF RESOLUTION NO. 39-20 TO RATIFY AN AGREEMENT WITH SAFETY PRODUCTS, INC. FOR THE PURCHASE OF SAFETY SUPPLIES AND EQUIPMENT PREVIOUSLY EXECUTED BY THE CITY MANAGER PURSUANT TO THE EMERGENCY PURCHASING AND PROCUREMENT PROCEDURES OUTLINED IN RESOLUTION 76-20 AS WELL AS CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Recommendation: Motion to approve Resolution No. 39-20 to ratify an agreement with Safety Products, Inc. for Safety Supplies and Equipment previously executed by the City Manager pursuant to the emergency purchasing and procurement procedures outlined in Resolution 76-20 as well as Chapter 95 of the Delray Beach Code of Ordinances in the estimated amount of $200,000; and authorize the City Manager to approve renewal options in the amounts below, contingent upon appropriation of funds. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report City of Delray Beach Agreement Resolution CA Approved Piggyback 2020-013 Plantation Safety and First Aid Supplies ITB No lg rev (002) Legal Review Checklist Safety Products piggyback safety first aide products City of Delray Beach Page 9 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.Q.2. APPROVAL OF RESOLUTION NO. 65-20 TO RATIFY AN AGREEMENT WITH TANNER INDUSTRIES, INC. FOR ANHYDROUS AMMONIA PREVIOUSLY EXECUTED BY THE CITY MANAGER PURSUANT TO THE EMERGENCY PURCHASING AND PROCUREMENT PROCEDURES OUTLINED IN RESOLUTION 76-20 AS WELL AS CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Recommendation: Motion to approve Resolution No. 65-20 to ratify an agreement with Tanner Industries, Inc. for the purchase and delivery of anhydrous ammonia previously executed by the City Manager pursuant to the emergency purchasing and procurement procedures outlined in Resolution 76-20 as well as Chapter 95 of the Delray Beach Code of Ordinances in the estimated amount of $58,000; and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriation of funds. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report Executed Tanner Industries Inc_ Resolution CA Approved Piggyback 2020-013 Plantation Safety and First Aid Supplies ITB No lg rev 9-8-2020 ( Legal Review Checklist Tanner Agreement 6.Q.3. APPROVAL OF RESOLUTION NO. 136-20 A CITY STANDARD TO AWARD AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION SERVICES $39,000 Recommendation: Motion to approve Resolution No. 136-20 a City Standard to award an Agreement in the amount of $39,000 with Municipal Code Corporation, for codification services for the City Clerk’s Office for the Agreement term and authorize the City Manager to exercise renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors: City Clerk Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Municode City Standard Approval - Municode_it signed 8.17 136-20 Resolution Award of Agreement (003) Municode executed Agreement City of Delray Beach Page 10 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 6.Q.4. APPROVAL OF RESOLUTION NO. 153-20 TO AWARD AN AGREEMENT TO FLORIDA CDI, LLC TO PURCHASE SERVICES RELATED TO ASSEMBLY/DISASSEMBLY OF CHRISTMAS TREE AND NORTH POLE VILLAGES PURSUANT TO INVITATION TO BID (ITB) 2020-033, (PROJECT NUMBER 17-062) - $927,500 Recommendation: Motion to Approve Resolution No. 153-20 to award an Agreement with Florida CDI, LLC for assembly/disassembly of Christmas Tree and North Pole Villages in an estimated amount of $927,500 through September 21, 2025, of which $185,500 is budgeted for FY 2020, pursuant to Invitation to Bid (ITB) 2020-033 (Project Number 17-062); and authorizing 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 Florida CDI Resolution 2020-033 Assembly Disassembly of Christmas Tree Revised Agreement for Christmas Assembly and Disassembly Legal Review Checklist Assembly and Disassembly of Christmas Tree and North Pole Village 6.R. MINUTES: 6.R.1. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: July 14, 2020 Workshop Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report July 14, 2020 City Commission Workshop Meeting Minutes 7. REGULAR AGENDA: City of Delray Beach Page 11 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 7.A. RESOLUTION NO. 161-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.4.13(D)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A FOUR-FEET EIGHT-INCH FRONT SETBACK ON THE EAST SIDE, A ONE-FOOT SIX-INCH FRONT SETBACK ON THE NORTH SIDE, AND A ONE-FOOT EIGHT-INCH REAR SETBACK ON THE WEST SIDE FOR THE EXISTING BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). RESOLUTION NO. 162-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(E)(4)(e)(1)(d) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE STOREFRONT TRANSPARENT GLAZED WINDOWS OF THE EXISTING BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO EXTEND FROM THE BASE TO SEVEN FEET TWO INCHES ON THE EAST AND NORTH SIDES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL). RESOLUTION NO. 163-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.4.13(E)(4)(e)(1)(b) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING STOREFRONT OPENINGS OF SEVENTY-FIVE PERCENT OF THE WIDTH OF THE FAÇADE ON THE EAST SIDE AND SIXTY-TWO PERCENT OF THE WIDTH OF THE FAÇADE ON THE NORTH SIDE OF THE BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL). Recommendation: Review and consider Resolution Nos. 161-20, 162-20, and 163-20, granting waivers related to setbacks and storefront requirements in LDR Section 4.4.13 for an existing building located at 98 NW 5th Avenue. Setback Waiver Requests: The setback waiver requests are from City of Delray Beach Land Development Regulations (LDR) Section 4.4.13(D)(2)(a) and Table 4.4.13(C), for properties zoned Central Business District within the West Atlantic Neighborhood Sub-district, which requires front and side street setbacks of a minimum of 10 feet and maximum of 15 feet, and a setback of 10 feet in the rear. The request are: 1. Reduce the front setback to a range of 4 feet 2 inches to 4 feet 8 inches on the east side of the property; 2. Reduce the side street setback to a range of 1 foot 6 inches to 9 feet on the north side of the property; and, 3. Reduce the rear setback to a range of 1 foot 8 inches to 3 feet 8 inches, on the west side of the property. City of Delray Beach Page 12 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 Storefront Glazing Heights Requirement Waiver: The storefront glazing setback waiver requests are from LDR Section 4.4.13(E)(4)(e)1.d., which requires a minimum storefront glazing height of 8 feet for properties zoned CBD. The request is: 1. Reduce the required storefront glazing height to 7 feet 2 inches on the front (east) and side street (north) sides of the existing building. Storefront Opening Percentage: The storefront opening waiver requests are from LDR Section 4.4.13(E)(4) (e)1.b., which sets forth requirements for the minimum percentage of required façade storefront openings for properties zoned CBD. Storefront openings shall extend along at least 80 percent of the width of the façade of the commercial space. The request is : 1. Reduce the required storefront opening percentage to 75 percent on the east side of the existing building and 62 percent on the north side of the existing building. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. 161-20 98 NW 5th Ave Setback Waiver Res. 161-20-Exhibit A Setback Waiver Res. 162-20-98 NW 5th Ave Glazing Waiver Res. 162-20-Exhibit A Window Glazing Waiver Res. 163-20- Storefront Percentage Res. 163-20-Exhibit A Storefront Percentage Waiver Waiver Justification- 98 NW 5th Ave-2020-09-22 Legal Review Reso 161-20 CRA Waiver Setback Legal Review Reso 162-20 CRA Glazing Storefront Waiver Legal Review Reso 163-20 CRA Storefront Openings Size Waiver HPB Waiver Staff Report-98 NW 5th Ave Photographs-98 NW 5th Ave Plans-98 NW 5th Ave City of Delray Beach Page 13 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 7.B. RESOLUTION 172-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 7.10.5(D) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING ADDING THE CITY AS AN ADDITIONAL INSURED TO THE POLICY FOR THE PROPERTY LOCATED AT 1120 NASSAU STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation: Review and consider Resolution No. 172-20 granting waivers to LDR Section 7.10.5(D) to waive the requirements for a Surety Bond or Letter of Credit for the relocation of an existing historic structure and accept listing the City as an additional insured to the policy for the property located at 1120 Nassau Street. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 172-20 1120 Nassau Street.docx HPB Staff Report-1120 Nassau Street-2019-09-05 1. Applicant Waiver Request Letter 2. Applicant Justification 3. Bond Denial Letter 4. Luciano AI Letter 5. Luciano CCC Letter 6. Merrill Lynch Email 7. Brownie Contract 8. Brownie Insurance Policy 9. Brownie Structural AI Endorsement 10. Brownie Structural CCC Endorsement City of Delray Beach Page 14 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 7.C. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify the 21st, 22nd, 23rd, 24th, 25th and 26th Extensions of the State of Emergency for COVID -19 and Resolution Number 122-20, Resolution Number 129-20; Resolution Number 144-20; Resolution Number 151-20; Resolution Number 154-20, Resolution Number 158-20 and Resolution Number 159-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report 21st Extension Emergency Declaration - COVID -19 22nd Extension Emergency Declaration - COVID -19 23rd Extension Emergency Declaration - COVID-19 24th Extension Emergency Declaration - COVID -19 25th Extension Emergency Declaration - COVID -19 26th Extension Emergency Declaration - COVID -19 Reso. No. 122-20 COVID -19 Reso. No. 129-20 - COVID 19 (Extending Directives on Wearing of Facial Coverings) Reso. No. 144-20 - COVID repealing 130-20 Proving Restrictions on operating hours of restaurants... Reso. No. 151-20 - COVID 19 Amending Reso 75-20 to provide for re-opening of Certain Recreational Facilities Reso. No. 154-20 Reso. No. 158-20 Reso. No. 159-20-COVID 19 - Phase 2 Re-opening City of Delray Beach Page 15 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 7.D. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Recommendation: Motion to approve nomination for appointment for one (1) regular member to serve on the Site Plan Review and Appearance Board for a two (2) year term ending August 30, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Site Plan Review and Appearance 9-22-20 09-22-2020 Exhibit A 2020 QUARTERLY ATTENDANCE-1st 2nd qtr Cabana Cherelus Clark Jones Padover Warner Youngblood City of Delray Beach Page 16 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 7.E. NOMINATION FOR THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD Recommendation: Motion to approve nomination for appointment for one (1) regular member to serve on the Downtown Development Authority Board for a three (3) year term ending June 30, 2023. Sponsors: City Clerk Department Attachments: Agenda Cover Report Downtown Development Authority Member List 2020 2 2019-2020 Year DDA Board Attendance Record Exhibit A 09-22-20 Boundary Map Adamo Catania Clark Devitt Evans Frione McGinnis Padover Pellegrino Sefer Smith Sylvestre Warner Zirilli 7.F. DISCUSSION OF NEW REGULATION TO APPOINT AN ELECTED OFFICIAL TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE. Recommendation: Motion to appoint an elected official to serve on the Affordable Housing Advisory Committee (AHAC) Sponsors: Community Improvement Attachments: Agenda Cover Report Res 05-12 Resolution 12-08 City of Delray Beach Page 17 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 7.G. APPROVAL OF 2021 THROUGH 2025 CAPITAL IMPROVEMENT PROGRAM BUDGET Recommendation: Motion to approve Capital Improvement Program (CIP) Budget for 2021 through 2025. Sponsors: Finance Department Attachments: Agenda Cover Report FY 2021-2025 CIP FINAL 7.H. CONSIDERATION OF AMENDMENT NO. 1 TO THE PARKING FACILITY AND EASEMENT AGREEMENT AND PROJECT COVENANT FOR THE 4TH AND 5TH DELRAY (IPIC), SPECIFICALLY REMOVAL OF THE REQUIRED CORPORATE HEADQUARTERS RELOCATION AND PUBLIC TERRACE AREA. Recommendation: Motion to approve Amendment No. 1 to the Parking Facility Easement and Agreement and Project Covenant subject to approval by the Community Redevelopment Agency (“CRA”). Sponsors: City Attorney Department Attachments: Agenda Cover Report Parking Facility Easement Agreement and Project Covenant - March 3 2017 8. PUBLIC HEARINGS: 8.A. RESOLUTION NO. 155-20: FINAL MILLAGE LEVY Recommendation: Motion to approve Resolution No. 155-20 Final Millage Levy for FY 2021. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution 155-20 FINAL MILLAGE LEVY FY 2021 8.B. RESOLUTION NO. 156-20: FINAL MILLAGE LEVY/DDA Recommendation: Motion to approve Resolution No. 156-20 Final DDA Millage Rate for FY 2021. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution 156-20 FINAL MILLAGE DDA 8.C. RESOLUTION NO. 157-20: FINAL BUDGET ADOPTION FOR FY 2021 Recommendation: Motion to approve Resolution No. 157-20 Final Budget Adoption for FY 2021. Sponsors: Finance Department Attachments: Agenda Cover Report 2021 Final Hearing - Exhibit A Budget Summary v2 Resolution 157-20 Final Budget Adoption - REVISED 9.17.20 City of Delray Beach Page 18 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 8.D. ORDINANCE NO. 51-20: APPROVAL OF A MODIFICATION OF THE FEE SCHEDULE IN ORDINANCE 96.66 TO PROVIDE FOR AN INCREASE IN FEES FOR EMERGENCY MEDICAL TRANSPORTS (SECOND READING) Recommendation: Staff recommends the approval of the modifications to the fee schedule in city ordinance 96.66 to provide for additional revenue to be collected for emergency medical transport fees. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Ord 51-20 Amending Sec 96.66 EMT Fees Sec._96.66.___EMERGENCY_MEDICAL_TRANSPORTATION_FEES. (1) Legal Review Checklist 8.E. ORDINANCE NO. 19-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT FOR A PARCEL OF LAND, AND RE-DESIGNATING SAID LAND FROM TRANSITIONAL (TRN) TO GENERAL COMMERCIAL (GC), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; SAID LAND LOCATED AT 14145 SOUTH MILITARY TRAIL AT THE SOUTHWEST CORNER OF MILITARY TRAIL AND CONKLIN DRIVE, WHICH MEASURES APPROXIMATELY 0.99± ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider at second reading Ordinance No. 19-20, a City-initiated Land Use Map (LUM) amendment from Transitional (TRN) land use to General Commercial (GC) land use. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord 19-20-O'Reilly Land Use Map Amendment O'Reilly Auto Parts-PZB Staff Report O'Reilly Auto Parts-Land Use Maps Legal Review Ord 19-20 Amending FLUM for O Reilly Auto Parts.docx City of Delray Beach Page 19 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 8.F. ORDINANCE NO. 20-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND RE-DESIGNATING LAND ZONED SPECIAL ACTIVITIES DISTRICT (SAD) TO GENERAL COMMERCIAL (GC), FOR A PARCEL OF LAND AT 14145 SOUTH MILITARY TRAIL AT THE SOUTHWEST CORNER OF SOUTH MILITARY TRAIL AND CONKLIN DRIVE, WHICH MEASURES APPROXIMATELY 0.99± ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING “CITY OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017”; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (SECOND READING/PUBLIC HEARING). Recommendation: Review and consider at second reading Ordinance No. 20-20, a privately-initiated request for rezoning from Special Activities District (SAD) to General Commercial (GC). Sponsors: Development Services Department Attachments: Agenda Cover Report Ord No. 20-20 O'Reily Auto Parts Rezoning O'Reilly Auto Parts-PZB Staff Report O'Reilly Auto Parts-Zoning Maps Legal Review Ord 20-20 Rezoning O Reilly Auto Parts.docx 8.G. 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 (H), “SETBACKS”, SUBSECTION (3) “ZERO LOT LINE DEVELOPMENT”; AMENDING SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (D), “CONFIGURATION OF BUILDINGS”; AND AMENDING SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION 4.6.9(D)(1) “DESIGN STANDARDS”, TO ESTABLISH REGULATIONS FOR UNDERGROUND PARKING AND STORAGE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 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 underground parking within the required setbacks. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 10-20: Underground Parking Ord No.10-20, Underground Parking PZB Staff Report Legal Review: Ord 10-20 City of Delray Beach Page 20 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 9. FIRST READINGS: 9.A. ORDINANCE NO. 50-20: 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 7.1.8 “CONSTRUCTION PARKING”, TO ESTABLISH REGULATIONS THAT MITIGATE STREET CLOSURES DURING CONSTRUCTION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider a request to approve Ordinance No. 50-20, a City-initiated amendment to Section 7.1.8 “Construction parking” of the Land Development Regulations to modify existing language governing construction parking and provide new regulations for construction staging. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance 50-20: Construction Parking and Staging Ordinance 50-20: PZB Staff Report Ordinance 50-20 Legal Review 9.B. 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 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. 12-20 - Required Retail Frontage Ord. No. 12-20 - PZB Staff Report Ord. No. 12-20 - Map of Area Impacted by the Amendment Legal Review - Ord. 12-20 Required Retail Frontage 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager City of Delray Beach Page 21 Printed on 9/21/2020 City Commission Regular Commission Meeting September 22, 2020 B. City Attorney C. City Commission City of Delray Beach Page 22 Printed on 9/21/2020