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, October 6, 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 October 6, 2020 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. SCHOOL DISTRICT OF PALM BEACH COUNTY - DIGITAL INCLUSION PRESENTATION Recommendation: No action required. Sponsors: City Manager Department - Intergovernmental Affairs Attachments: Agenda Cover Report DelrayBeachFRM_Density Map Digital Inclusion Initiative - County-Wide Issues Forum Presentation 4.B. GREEN IMPLEMENTATION ADVANCEMENT BOARD 2019 ANNUAL REPORT Recommendation: Motion to Accept Report. Sponsors: City Manager Department - Intergovernmental Affairs Attachments: Agenda Cover Report GIAB Annual 2020 Presentation 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. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF ASHTON PAVLIK v. CITY OF DELRAY BEACH Recommendation: Motion to deny settlement proposed by Ashton Pavlik for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Sponsors: City Attorney Department Attachments: Agenda Cover Report City of Delray Beach Page 3 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 6.B. LETTER OF SUPPORT FOR DELRAY BEACH HOUSING AUTHORITY FOR ISLAND COVE APARTMENTS Recommendation: Motion to approve letter of support with Housing Authority for Island Cove Apartments. Sponsors: City Attorney Department Attachments: Agenda Cover Report Request Letter from Delray Beach Housing Authority Attachment 16 Local Government Contribution Form - Grant (002) 6.C. RESOLUTION NO. 183-20: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING LOCAL RETAIL STORES, RESTAURANTS, AND ALL CITY BUSINESSES TO REDUCE USE OF POLYSTYRENE PRODUCTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 184-20: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING CITY STAFF TO NEGOTIATE “NO POLYSTYRENE” CLAUSES INTO CITY CONTRACTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution 183-20 encouraging local retail stores, restaurant, and all city businesses to reduce the use of polystyrene products and Resolution 184-20 encouraging City staff to negotiate “no polystyrene clauses” into City contracts Sponsors: City Attorney Department Attachments: Agenda Cover Report Res 183-20 Encouraging Businesses to Stop Using Polystrene Delray Res 184-20 Encouraging City Staff to Negotiate No Polystyrene Clauses into City Agreements 6.D. PROCLAMATIONS: 6.D.1. PROCLAMATION FOR FIRE PREVENTION MONTH 2020 Recommendation: Motion to proclaim October 2020 as Fire Prevention Month. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Fire Prevention Month City of Delray Beach Page 4 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 6.D.2. PROCLAMATION IN OBSERVANCE OF COLUMBUS DAY Recommendation: Motion to declare Monday, October 12, 2020 as Columbus Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report Columbus Day Observance 6.D.3. PROCLAMATION FOR MEDIATION WEEK - OCTOBER 19-23, 2020 Recommendation: Motion to proclaim October 19-23, 2020 as Mediation Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report Mediation Week 2020 6.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.E.1. REPORT OF APPEALABLE LAND USE ITEMS FROM AUGUST 31, THROUGH SEPTEMBER 11, 2020. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - Appealable Report -223 NE 1st Ave B - Appealable Report - 131 SE 7th Ave 6.F. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 5 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 6.F.1. APPROVAL OF RESOLUTION NO. 148-20 TO APPROVE AN AGREEMENT WITH PLANNING/DESIGN, INC. D/B/A SANFORD GOLF DESIGN FOR RAW WATER TRANSMISSION MAIN REPLACEMENT AND GOLF COURSE RENOVATION DESIGN SERVICES PURSUANT TO RFQ NO. 2020-002 (PROJECT NO. 19-032); IN AN AMOUNT NOT TO EXCEED $2,199,700 Recommendation: Motion to Approve Resolution No. 148-20 to award an Agreement with Planning/Design, Inc. d/b/a Sanford Golf Design for Raw Water Transmission Main Replacement and Golf Course Renovation Design Services pursuant to RFQ No. 2020-002 (Project No. 19-032, in an amount not to exceed $2,199,700. Sponsors: Public Works Department, Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Agreement - Raw Water Main & Golf Course Reno - 9.10.20 Certificate of Insuance-Professional Liability Certificate of Insurance-General Auto and Workers Exhibit A - Scope of Services Combined Exhibit B - Fee Summary Combined Legal Review Checklist RFQ 2020-002 9.8.20 Resolution No. 148-20 Raw Water Transmission Golf Couse - Sanford Sanford Golf Design RFQ Submittal 2020-002 Scoring Summary after Technical Evals Golf Course_final ranking 5.8.20 7. REGULAR AGENDA: City of Delray Beach Page 6 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 7.A. RESOLUTION NO. 82-20: 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(E)(4)(f)1.f;APPROVING A THREE-STORY ARCADE OVER THE PUBLIC RIGHT-OF-WAY FOR THE PIERRE DELRAY II BUILDING LOCATED AT 298 EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). RESOLUTION NO. 83-20: 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)(1)(b)2.b APPROVING SIDE INTERIOR SETBACKS OF 2’-2⅜” FOR THE WEST SIDE OF THE PROPERTY FOR THE PIERRE DELRAY II BUILDING LOCATED AT 298 EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). RESOLUTION NO. 84-20: 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) AND TABLE 4.4.13(C); APPROVING A TEN-INCH FRONT SETBACK FOR THE SECOND AND THIRD STORIES FOR THE NORTHEAST CORNER OF THE PROPERTY FOR THE PIERRE DELRAY II BUILDING LOCATED AT 298 EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation: Review and consider Resolution Nos. 82-20, 83-20, and 84-20. Sponsors: Development Services Department Attachments: Agenda Cover Report Pierre Delray II - Waiver (1) - Res. 82-20 - Arcade Pierre Delray II - Waiver (2) - Res. 83-30 - Side Interior Setback Pierre Delray II - Waiver (3) - Res. 84-20 - Front Setback Corner Clip Pierre Delray II - Waivers - Exhibit A for Res. 82-20, 83-20, 84-20 Pierre Delray II - Waivers - Location Map Pierre Delray II - Waivers - SPRAB Staff Report Pierre Delray II - Waiver (1) - Justification Statement Pierre Delray II - Waiver (2) - Justification Statement Pierre Delray II - Waiver (3) - Justification Statement Pierre Delray II - Waivers - Site Plan Exhibit Pierre Delray II - Waivers - REFERENCE ONLY - CLV Site Plans Pierre Delray II - Waivers - Legal Review City of Delray Beach Page 7 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 7.B. RESOLUTION NO. 168-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TWO WAIVER REQUESTS TO SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS,” SUBSECTION 4(F)(3)(d), “VALET PARKING,” OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE DIMENSIONS OF VALET AND TANDEM PARKING SPACES TO BE EIGHT FEET WIDE BY SIXTEEN FEET DEEP AND APPROVING DRIVE AISLE TO BE FIFTEEN FEET WIDE FOR THE DEVELOPMENT LOCATED AT 233 NE 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). APPROVING A VALET PARKING AGREEMENT Recommendation: Review and consider Resolution No. 168-20 and a Valet Parking Agreement associated with The Ray Hotel located at 233 NE 2nd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 168-20- Ray Waiver for Valet Parking Res. No. 168-20 Exhibit A The Ray Valet Parking and Waiver Justification Statement The Ray Valet Restrictive Covenant Grove Rosebud_Final.docx Legal Review Resolution -168-20 - Valet Parking and Waiver.docx 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 27th, and 28th Extensions of the State of Emergency for COVID -19 and Resolution Number 175-20 and Resolution Number 176-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report Resolution No. 175-20 - COVID -19 Clarifying the reopening of certain businesses Resolution 176-20 - COVID -19 Adopting PBC-EO26 Extending Facial Coverings Directive thru 10-22-20 27th Extension Emergency Declaration - COVID-19 28th Extension Emergency Declaration - COVID-19 City of Delray Beach Page 8 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 7.D. NOMINATION FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Recommendation: Motion to approve the nomination for appointment for six (6) regular members to serve on the Affordable Housing Advisory Committee for a two (2) year term ending July 31, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Burns Byrns Cherelus Jones Kougoucheff McGinnis Nesi Parsons Pasquale Sefer Spates Walker 8. PUBLIC HEARINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 9 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 9.A. ORDINANCE NO. 34-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL SCALE LAND USE MAP AMENDMENT RE-DESIGNATING LAND APPROXIMATELY 0.57± ACRES IN SIZE FROM HISTORIC MIXED USE (HMU) TO COMMERCIAL CORE (CC), PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FOR THE PROPERTIES LOCATED AT 37 WEST ATLANTIC AVENUE AND AN ABUTTING UNADDRESSED PARCEL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider Ordinance No. 34-20 on First Reading, a privately initiated land use map amendment redesignating the property located at 37 West Atlantic Avenue and an abutting unaddressed parcel to the east from Historic Mixed Use (HMU) to Commercial Core (CC). Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 34-20: Land Use Designation Ord. No. 34-20: PZB Staff Report Ord. No. 34-20: Location Map Ord. No. 34-20: Land Use justification Ord. No. 34-20: Traffic Study Ord. No. 34-20: Docs Place Renderings Ord. No. 34-20: DDA Review Ord. No. 34-20: Legal Review City of Delray Beach Page 10 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 9.B. ORDINANCE NO. 35-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND RE-DESIGNATING LAND APPROXIMATELY 0.57± ACRES IN SIZE PRESENTLY ZONED OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) TO CENTRAL BUSINESS DISTRICT (CBD), WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT, FOR THE PROPERTIES LOCATED AT 37 WEST ATLANTIC AVENUE AND AN ABUTTING UNADDRESSED PARCEL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; 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 (CBD) DISTRICT,” SUBSECTION (B), “REGULATING PLANS,” AND FIGURE 4.4.13-6, “WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT REGULATING PLAN;” BY AMENDING SECTION 4.4.24, “OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),” SUBSECTIONS 4.4.24(B), “PRINCIPAL USES AND STRUCTURES,” 4.4.24(C), “ACCESSORY USES AND STRUCTURES PERMITTED,” 4.4.24(E), “REVIEW AND APPROVAL PROCESS,” AND 4.4.24(F), “DEVELOPMENT STANDARDS,” TO REFLECT THE REZONING AND RE-DESIGNATION, AND IDENTIFY THE FLOOR AREA RATIO LIMITATION; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider Ordinance No. 35-20 on First Reading, a privately initiated rezoning from Old School Square Historic Arts District (OSSHAD) to Central Business District (CBD) within the West Atlantic Neighborhood Sub-district, and associated amendments to the Land Development Regulations (LDR). Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 35-20: Rezoning Ord. No. 35-20: PZB Staff Report Ord. No. 35-20: Location Map Ord. No. 35-20: Rezoning justification Ord. No. 35-20: Traffic Study Ord. No. 35-20: Docs Place Renderings Ord. No. 35-20: DDA Review Ord. No. 35-20: Legal Review City of Delray Beach Page 11 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 9.C. ORDINANCE NO. 37-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A SCRIVENER’S ERROR BY ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT FOR SIXTY-ONE PARCELS OF LAND, WHICH MEASURES APPROXIMATELY 9.94± ACRES, AND RE-DESIGNATING SAID LAND FROM LOW DENSITY (LD) TO GENERAL COMMERCIAL (GC), TRANSITIONAL (TRN), AND MEDIUM DENSITY (MD), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; SAID LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF OLD DIXIE HIGHWAY AND SE 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider a request to approve Ordinance No. 37-20, a City-initiated amendment to the Land Use Map from Low Density (LD) to General Commercial (GC), Medium Density (MD), and Transitional (TRN) land use to correct a scrivener’s error. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 37-20 Silver Terrace Land Use Silver Terrace Land Use: Staff Report Silver Terrace: Location Map Silver Terrace Land Use: History Ord. No. 37-20 Legal Review City of Delray Beach Page 12 Printed on 10/5/2020 City Commission Regular Commission Meeting October 6, 2020 9.D. ORDINANCE NO. 41-20: 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 PROVISIONS,” ARTICLE 2.4, “GENERAL PROCEDURES,”, SECTION 2.4.3, “SUBMISSION REQUIREMENTS,” TO REMOVE THE DEVELOPMENT SERVICES FEE SCHEDULE FROM THE LAND DEVELOPMENT REGULATIONS AND TO UPDATE THE PROCEDURES FOR ESTABLISHING AND AMENDING DEVELOPMENT APPLICATION PROCESSING FEES; 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. 41-20, a City-initiated amendment to LDR Section 2.4.3(K), Fees, to remove the Delray Beach Development Services Fee Schedule from the Land Development Regulations (LDRs) and establish procedures for adopting Development Services Fees. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 41-20, Fees P&Z Board Report Ordinance No. 41-20, Fees Legal Review Ordinance No. 41-20, Fees 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 13 Printed on 10/5/2020