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, March 2, 2021 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 March 2, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. PRESENTING SEAN MCCLURG, TECHNICAL SUPPORT ANALYST I, WITH EMPLOYEE OF THE MONTH FOR JANUARY 2021. Recommendation: Motion to present Sean McClurg, Technical Support Analyst I, with Employee of the Month for January 2021. Sponsors: Human Resources Department Attachments: Agenda Cover Report Sean McClurg nomination form Jan 2021 4.B. RESOLUTION NO. 47-21 RECOGNIZING AMY E. BROWN FOR 30 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 47-21 honoring Amy E. Brown for 30 years of service. Sponsors: Human Resources Department Attachments: Agenda Cover Report Resolution 47-21 Amy Brown FINAL 3.2.21 4.C. ALFRED “ZACK” STRAGHN PROCLAMATION Recommendation: Motion to proclaim the 2nd Sunday in March as Alfred "Zack" Straghn Day in Delray Beach. Sponsors: City Clerk Department Attachments: Agenda Cover Report Alfred Zack Straghn Day 4.D. PROCLAMATION FOR ATLANTIC HIGH SCHOOL'S CHAMPIONSHIP Recommendation: Motion to recognize the Atlantic High School Football Team and Coaches, including T.J. Jackson, for an incredible championship season and a job well done. Sponsors: City Clerk Department Attachments: Agenda Cover Report Atlantic High School Championship Team 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: City of Delray Beach Page 3 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 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: January 27, 2021 Special City Commission Meeting Minutes Proposed Panhandling Ordinance February 2, 2021 Regular City Commission Meeting Minutes February 3, 2021 Special City Commission Meeting Minutes Proposed Panhandling Ordinance February 9, 2021 City Commission Workshop Meeting Minutes February 9, 2021 Regular City Commission Meeting Minutes February 18, 2021 Closed Attorney Client Session Special City Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report January 27, 2021 Special Meeting Minutes Proposed Panhandling Ordinance- DRAFT February 2, 2021 Regular Meeting Minutes - DRAFT February 3, 2021 Special Meeting Minutes Proposed Panhandling Ordinance - DRAFT February 9, 2021 Workshop Meeting Minutes - DRAFT February 9, 2021 Regular Meeting Minutes - DRAFT February 18, 2021 Closed Attorney Client Session Special Meeting Minutes _ DRAFT 6.B. RESOLUTION NO. 45-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, STRONGLY ENCOURAGING THE STATE LEGISLATURE TO APPROVE SENATE BILL 594 AND COMPANION HOUSE BILL 6027, RELATING TO THE PREEMPTION OF RECYCLABLE AND POLYSTYRENE MATERIALS BY AMENDING SECTION 403.7033 AND SECTION 500.90, FLORIDA STATUTES; AND REPEALING THE PREEMPTION OF LOCAL LAWS REGARDING THE USE OR SALE OF SINGLE-USE PLASTIC BAGS AND POLYSTYRENE MATERIALS. Recommendation: Motion to approve Resolution No. 45-21. Sponsors: City Manager Department Attachments: Agenda Cover Report Resolution 45-21 SB 594 and HB 6027 SB 594 HB 6027 Simple Legal Review Approval Resolution 45-21 City of Delray Beach Page 4 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.C. REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 2115 SW 13th STREET Recommendation: Motion to Approve a request for the City to subordinate its second mortgage position in the amount of $8,344.95 for the property located at 2115 SW 13th Street. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Legal Review Subordination Agreement Eric Bennett 2115 SW 13th Street Subordination Agreement for Refinance -Eric Bennett final Eric Jeffery Bennett Closing Disclosure Mortgage Calculations - Subordinations Title Eric Jeffery Bennett 2115 SW 13th Street Recorded 1st Mortgage Eric Jeffery Bennett City Mortgage Eric Jeffery Bennett 2115 SW 13th Street City of Delray Beach Page 5 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.D. ITEMS A1-ACCEPTANCE OF STANDARD TEMPORARY CONSTRUCTION EASEMENT FOR 332 NW 10TH STREET, 1025 S. DIXIE HIGHWAY, 1301 SW 10TH AVENUE, 1595 SW 4TH AVENUE, AND 400/401 W LINTON BOULEVARD. Recommendation: Consideration of the following items: TEMPORARY CONSTRUCTION EASEMENT FOR MULTIPLE ADDRESSES. Items A1 (A1a) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 332 NW 10th Street to the City of Delray Beach. (A1b) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 1025 South Dixie Highway to the City of Delray Beach. (A1c) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 1301 SW 10th Avenue to the City of Delray Beach. (A1d) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 1595 SW 4th Avenue to the City of Delray Beach. (A1e) Motion to approve and accept a Temporary Construction Easement Agreement by the owner(s) of 400/401 W Linton Boulevard to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1)- Legal Review. Item (A1a)-Temporary Construction Easement - 202 SW 10th Street -Item (A1b)-Temporary Construction Easement-1025 S DrxrE HWY Item (A1c)-Temporary Construction Easement-1301 SW 10th Avenue Item (A1d)-Temporary Construction Easement-1595 SW 4th Avenue Item (A1e)-Temporary Construction Easement-401 W Linton Blvd City of Delray Beach Page 6 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.E. ITEMS B1- ACCEPTANCE OF PERPETUAL SIDEWALK EASEMENTS FOR 1300 WALLACE DRIVE, 1215 WALLACE DRIVE, AND 234 SW 6TH AV Recommendation: Consideration of the following items: PERPETUAL SIDEWALK EASEMENTS FOR MULTIPLE ADDRESSES. ITEMS B (B1a) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 1300 Wallace drive to the City of Delray Beach. (B1b) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 1215 Wallace drive to the City of Delray Beach. (B1c) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 234 SW 6th Avenue to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1)- Legal Review Item (B1a)-Perpetual Sidewalk Easement -1300 Wallace Dr. Item (B1b)-Perpetual Sidewalk Easement -1215 Wallace Drive Item (B1c)-Perpetual Sidewalk Easement 234 SW 6TH AVE City of Delray Beach Page 7 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.F. ITEMS C1- ACCEPTANCE OF PERPETUAL SIDEWALK EASEMENTS FOR 222 SW 6TH AVENUE, 226 SW 6TH AVENUE, 210 SW 6TH AVENUE, 401 W LINTON BOULEVARD, 320 SW 4TH AVENUE, AND 1330 WALLACE DRIVE. Recommendation: Consideration of the following items: PERPETUAL SIDEWALK EASEMENTS FOR MULTIPLE ADDRESSES. ITEMS C1 (C1a) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 222 SW 6th Avenue to the City of Delray Beach. (C1b) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 226 SW 6th Avenue to the City of Delray Beach. (C1c) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 210 SW 6th Avenue to the City of Delray Beach. (C1d) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 401 W Linton Boulevard to the City of Delray Beach. (C1e) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 320 SW 4th Avenue to the City of Delray Beach. (C1f) Motion to approve and accept a Perpetual Sidewalk Easements Easement Agreement by the owner(s) of 1330 Wallace Drive to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1)- Legal Review Item (C1a)-Perpetual Sidewalk Easement -222 SW 6th Avenue Item (C1b)-Perpetual Sidewalk Easement-226 SW 6TH AVE_Redacted Item (C1c)-Perpetual Sidewalk Easement -210 SW 6th Ave Item (C1d)-Perpetual Sidewalk Easement -401 W Linton Blvd Item (C1e)-Perpetual Sidewalk Easement- 320 SW 4th Ave Item (C1f)-Perpetual Sidewalk Easement- 1330 Wallace dr. City of Delray Beach Page 8 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.G. APPROVAL OF SERVICE AUTHORIZATION NO. 12-03.4 TO WANTMAN GROUP, INC. IN THE AMOUNT OF $1,500 FOR POST DESIGN AND PERMITTING SERVICES RELATED TO THE SANITARY SEWER SYSTEM 58A AND 87 FORCE MAIN REPLACEMENT PROJECT. Recommendation: Motion to approve Service Authorization No. 12-03.4 (Amendment No. 4 to Service Authorization No. 12-03) to Wantman Group, Inc. (WGI) in the amount of $1,500 for additional post design and permitting services related to the Sanitary Sewer System 58A and 87 Force Main Replacement Project (P/N 2014-039). Sponsors: Public Works Department Attachments: Agenda Cover Report WGI Amendment 12-03.4 WGI COI City of Delray Beach 3 Amendment No. 3 - Consulting Service Authorization No. 12-03.3 WGI Existing SA 12-03 Legal Review Checklist 020921 6.H. APPROVAL TO SUBMIT A GRANT APPLICATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - CORONAVIRUS (CV) PROGRAM ROUND 2 ADMINISTERED BY THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AUTHORIZED THROUGH THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY (CARES) ACT FOR FUNDING ASSISTANCE TO ADDRESS URGENT COMMUNITY DEVELOPMENT NEEDS POSING A SERIOUS AND IMMEDIATE THREAT TO THE HEALTH OR WELFARE OF THE COMMUNITY. Recommendation: Motion to approve submittal of a grant appliction to the Community Development Block Grant - Coronavirus (CV) Program Round 2 administered by the State of Florida Department of Economic Opportunity (DEO) and funded by the US Department of Housing and Urban Development (HUD) authorized through the Coronavirus Aid, Relief, and Economic Security (CARES) Act for funding assistance to address urgent community development needs posing a serious and immediate threat to the health or welfare of the community. Sponsors: Public Works Department Attachments: Agenda Cover Report cdbg-cvprogramoverview2-1-2021 City of Delray Beach Page 9 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.I. APPROVAL OF AMENDMENT 1 FOR RETROACTIVE APPROVAL OF RENEWAL WITH STO LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE FOR SEACREST SOCCER COMPLEX HILLTOPPER STADIUM; AND APPROVAL TO CHANGE THE NAME OF ANY AND ALL ACTIVE AGREEMENTS WITH STO LANDSCAPE SERVICES, INC. TO HAVERLAND AG INNOVATIONS, INC. IN ACCORDANCE WITH NOTICE OF ENTITY’S NAME CHANGE; AND APPROVAL TO INCREASE THE CONTRACT VALUE - $45,000 Recommendation: Motion to retroactively approve renewal of STO Landscape Services, Inc . for landscape maintenance for Seacrest Soccer Complex Hilltopper Stadium; approval to change the name of any and all active agreements with STO Landscape, Inc. to Haverland AG Innovations, Inc. in accordance with notice of entity’s name change; approval to increase the contract value in the amount of $45,000; and to authorize the City Manager to exercise any and all renewal options, in the amounts below, contingent upon the appropriation of funds. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Amendment 1 to Solicitation 2018-005 STO Landscape Name Change-W9 Amd #1 STO Legal Review ITB 2018-005 Seacrest Soccer Complex 6.J. AMENDMENT NO. 2 TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND CREATIVE CITY COLLABORATIVE OF DELRAY BEACH FOR THE ARTS GARAGE. Recommendation: Motion to Approve Amendment No. 2 to the Lease Agreement between the City of Delray Beach and Creative City Collaborative of Delray Beach. Sponsors: City Attorney Department Attachments: Agenda Cover Report DelrayArtsLeaseAmendmentNo2Final022221 df4a5ab4-a33c-4350-b265-57eac512229d_Redacted Lease with the Creative City Collaborative 6.K. ACCEPTANCE OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AND DISTINGUISHED BUDGET PRESENTATION AWARD FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Sponsors: Finance Department Attachments: Agenda Cover Report Certificate of Achievement for Excellence In Financial Reporting Award Distinguished Budget Presentation Award City of Delray Beach Page 10 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.L. LAW ENFORCEMENT TRUST FUND (LETF) PROCESS FOR FUNDING DISTRIBUTIONS AND APPROVAL OF THE REQUEST FOR FUNDING FROM SOUTH PALM BEACH COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC. Recommendation: Motion to approve new process for the Law Enforcement Trust Fund (LETF) funding distributions pursuant to Florida Statute 932.7055, Disposition of Liens and Forfeited Property and approval of a request for funding from South Palm Beach County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. in the amount of $5,000. Sponsors: Police Department Attachments: Agenda Cover Report Law Enforcement Trust Fund (LETF) Donations Process Letter LETF Application DBPD SPBCAC (LETF) Request Form - 1-25-2021 6.M. PROCLAMATIONS: 6.M.1. ALL PEOPLE'S DAY PROCLAMATION Recommendation: Motion to declare All People's Day on March 20, 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report All People's Day Proclamation 6.M.2. VIETNAM VETERANS' DAY PROCLAMATION Recommendation: Motion to proclaim March 29, 2021 as VIETNAM VETERAN'S DAY in the City of Delray Beach. Sponsors: City Clerk Department Attachments: Agenda Cover Report Vietnam Veteran's Day Proclamation 6.M.3. PROCLAMATION DESIGNATING THE MONTH OF MARCH AS FLORIDA BIKE MONTH IN DELRAY BEACH Sponsors: Development Services Department Attachments: Agenda Cover Report Bike Month Proclamation Legal Review Florida Bicycle Month Proclamation City of Delray Beach Page 11 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.M.4. PROCUREMENT MONTH PROCLAMATION Recommendation: Motion to proclaim the month of March as Procurement Month. Sponsors: Purchasing Department Attachments: Agenda Cover Report Procurement Month 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.N.1. REPORT OF APPEALABLE LAND USE ITEMS FROM JANUARY 25, THROUGH FEBRUARY 12, 2021. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - 300 SE 7th Ave B - 18 NE 7th Street C - 122 SE 6th Avenue D - Whit's Frozen Custard E - Ollie's F - Hatcher Building G - Frederick Isles 6.O. AWARD OF BIDS AND CONTRACTS: 6.O.1. APPROVAL OF RESOLUTION NO. 42-21 TO AWARD AN AGREEMENT WITH MARTIN FENCE COMPANY TO FURNISH, REPAIR, AND INSTALL FENCE AND CHAIN LINK, UTILIZING PALM-BEACH COUNTY AGREEMENT NO. 20-009/MB - $42,400 Recommendation: Motion to approve Resolution No. 42-21 to award an Agreement with Martin Fence Company for the installation and repair of chain link fencing in the estimated amount of $42,400 through May 23, 2021, utilizing Palm-Beach County Agreement No. 20-009/MB, and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriations of funds. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Scan_Anelus, Sydney_16_30_29-01-2021 Legal Review Checklist Palm Beach County Pigggyback with Martin Fence Company PBC Contract Resolution No. 42-21_Martin Fence City of Delray Beach Page 12 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.O.2. APPROVAL OF RESOLUTION NO. 35-21 TO AWARD AGREEMENTS WITH WYNN & SONS, INC., WEEKLEY ASPHALT PAVING, INC., AND R & D PAVING, LLC FOR MILLING AND PAVING, MINOR CONCRETE WORK AND GUARDRAIL PURSUANT TO ITBC NO. 2021-002 - $14,850,000 Recommendation: Motion to Approve Resolution No. 35-21 to award Agreements with Wynn & Sons, Inc., Weekley Asphalt Paving, Inc. and R & D Paving, LLC for Milling and Paving, Minor Concrete Work and Guardrail pursuant to ITBC No. 2021-002 (Project No. 19-009) in the total estimated three-year amount of $14,850,000 ($14,700,000 for the Public Works Department and $150,000 for the Parks and Recreation Department) and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriations of funds. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Signed Agreement - R&D Paving - Milling and Paving Signed Agreement - Weekley - Milling and Paving Signed Agreement - Wynn - Milling and Paving Exhibit A - Submittal from Wynn & Sons Exhibit B - Submittal from Weekley Asphalt Paving Exhibit C - Submittal from R&D Paving Resolution 35-21 Milling and Resurfacing Legal Review Checklist R & D Paving, LLC Legal Review Checklist Weekley Asphalt and Paving Legal Review Checklist Wynn & Sons, Inc. BidEvaluation_ITBC_NO._2021-002_FINAL_Rev0_2021-01-04 City of Delray Beach Page 13 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 6.O.3. APPROVAL OF RESOLUTION NO. 43-21 TO APPROVE AN AGREEMENT WITH STANFORD AND SONS TRUCKING CORPORATION DBA STANFORD CONSTRUCTION COMPANY FOR PUBLIC RIGHT-OF-WAY ACCESSIBILITY IMPROVEMENTS (PHASE 1/BID PKG 1) PURSUANT TO ITBC NO. 2021-008 (PROJECT NO. 16-099) - $672,557 Recommendation: Motion to Approve Resolution No. 43-21 to award an Agreement with Stanford and Sons Trucking Corporation dba Stanford Construction Company for Public Right-of-Way Accessibility Improvements pursuant to ITBC No. 2021-008 (Project No. 16-099) - $672,557. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement - Public Right of Way Accessibility Imprv - Stanford Construction it 2.1.21 (1) Resolution 43-21 Public Right of Way Access. Imprv. - Stanford (1) Legal Review ITB 2021-008 Sanford and Sons Trucking Submittal - Stanford Construction Excel_Tabulation_for_Bid_ITBC_NO._2021-008_it update 1.14.21 Kimley Horn RFA - 2021-008_Delray ADA Sidewalk Improv (2021-01-29) 7. REGULAR AGENDA: 7.A. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify the 47th, 48th and 49th Extensions of the State of Emergency for COVID -19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 47th Extension State of Emergency - COVID -19 48th Extension State of Emergency - COVID -19 49th Extension State of Emergency - COVID -19 City of Delray Beach Page 14 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 7.B. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve on the Downtown Development Authority Board for a three (3) year term ending July 01, 2024. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 02112021 Downtown Development Authority 2021 2 2020 Year DDA Board Quarterly Attendance Record Downtown Development Authority Map Adamo Denkler Clark Cruz Devitt Donohue Michel Pasquale Pellegrino Sylvestre VanArnem Zirilli 7.C. RESOLUTION NO. 44-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING BRYAN BOULEVARD, A PRIVATE RIGHT-OF-WAY WHICH SPANS FROM WEST LINTON BOULEVARD TO SOUTH MILITARY TRAIL, AS HEROES WAY, AS LOCATED IN EXHIBIT “A”; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution No. 44-21 to designate Bryan Boulevard, a private right-of-way which spans from West Linton Boulevard to South Military Trail, as Heroes Way. Sponsors: Development Services Department Attachments: Agenda Cover Report Res No. 44-21: Rename Bryan Boulevard to Heroes Way Res No. 44-21: Heroes Way Request Letter Res No. 44-21: Location Map Res No. 44-21: Staff Report Res No. 44-21: Legal Review City of Delray Beach Page 15 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 7.D. CITY ATTORNEY'S MERIT INCREASE Recommendation: Motion to consider the City Attorney's salary review. Sponsors: Human Resources Department Attachments: Agenda Cover Report 7.E. DISCUSSION AND DIRECTION CONCERNING LOCAL RULES Recommendation: The City Attorney seeks direction regarding the changes to the City of Delray Beach Local Rules. Sponsors: City Attorney Department Attachments: Agenda Cover Report Rules of procedure 2021 word version 1-10-2021 JA 2-19-2021 lg rev 7.F. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF DELRAY BEACH IAFF 1842. Recommendation: Motion to approve the Collective Bargaining Agreement between the City of Delray Beach and the Professional Firefighters of Delray Beach, IAFF Local 1842 Inc. Sponsors: Fire Rescue Department and Human Resources Department Attachments: Agenda Cover Report IAFF Contract 2020-2023 Clean version 8. PUBLIC HEARINGS: City of Delray Beach Page 16 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 8.A. ORDINANCE NO. 53-20: 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, CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.7, “SIGNS,” BY AMENDING SUBSECTION (E), “SIGN DESIGN STANDARDS,” AND SUBSECTION (J), “PROHIBITED SIGNS,” TO ESTABLISH REGULATIONS ALLOWING CERTAIN SIGN DESIGNS TO EXTEND INTO THE RIGHT-OF-WAY WITHIN THE CENTRAL BUSINESS DISTRICT AND OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT AND RESTRUCTURE EXISTING SUBSECTIONS TO ELIMINATE INCONSISTENT REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Review and consider a request to approve Ordinance No. 53-20, a City-initiated amendment to the Land Development Regulations (LDR) Section 4.6.7 “Signs,” Section 4.6.7(E) “Sign Design Standards,” Section 4.6.7(J) "Prohibited Signs", and Appendix A "Definitions", to establish regulations allowing certain signs designs to extend into the right-of-way in certain zoning districts. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord 53-20 Signs Update- 2nd Reading Ord 53-20 Signs Update- HPB Staff Report Ord 53-20 Signs Update- PZB Staff Report Ord 53-20 Signs Update- DDA Reccomendation CBD and OSSHAD with CBD Map Legal Review Ord 53-20 City of Delray Beach Page 17 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 8.B. ORDINANCE NO. 02-21: 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, CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” TO ADD SUBSECTION 4.3.3(RR), “ROOFTOP USE,” TO PROVIDE REGULATIONS FOR ROOFTOP USES; AMENDING SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION 4.3.4(J), “HEIGHT,” TO UPDATE HEIGHT EXCEPTIONS; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.18, “ARCHITECTURAL ELEVATIONS AND AESTHETICS,” SUBSECTION 4.6.18(B), “BUILDING AND STRUCTURE REQUIREMENTS,” TO PROVIDE REGULATIONS FOR THE SCREENING OF FLAT ROOFS AND APPURTENANCES; AMENDING APPENDIX A, “DEFINITIONS,” TO AMEND THE DEFINITION OF ARCHITECTURAL FEATURES AND PARAPET AND TO ADD A DEFINITION FOR FREE-STANDING FEATURES, ROOFTOP APPURTENANCES AND ROOFTOP TERRACE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) Recommendation: Review and consider Ordinance No. 02-21 (formerly Ordinance No. 54-20) on First Reading, a City-initiated Land Development Regulations (LDR) amendment to update Section 4.3.3 “Special Requirements for Specific Uses” by establishing Subsection (RR) “Rooftop Use”, to amend Section 4.3.4(J)(3) “Exceptions to district height limitations”, to amend Section 4.6.18(B) “Building and Structure Requirements”, and to amend to Appendix A “Definitions” to update the standards associated with appurtenances, establish new requirements for Rooftop uses, and to update and add definitions related to appurtenances and rooftop uses. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord 02-21 - Second Reading Ordinance No. 02-21 - Historic Preservation Report Ordinance No. 02-21 - SPRAB Report Legal Review Ord 02-21 Roof Top Uses and Roof Top Appurtenances City of Delray Beach Page 18 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 8.C. ORDINANCE NO. 03-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH 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(D), “CONFIGURATION OF BUILDINGS,” TO ADD THE RAILROAD CORRIDOR SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT AS AN EXCEPTION TO STANDARD BUILDING HEIGHT REGULATIONS OF THE CENTRAL BUSINESS DISTRICT; BY AMENDING TABLES 4.4.13(B), “BUILDING HEIGHT,” AND 4.4.13(C), “DIMENSIONAL REQUIREMENTS BY CBD SUB-DISTRICT,” TO INCREASE THE MAXIMUM NUMBER OF STORIES ALLOWED IN THE RAILROAD CORRIDOR SUB-DISTRICT SOUTH OF SE 2ND STREET; BY AMENDING SUBSECTION 4.4.13(H), “INCENTIVE PROGRAM,” TO REQUIRE THE PROVISION OF WORKFORCE HOUSING FOR A DENSITY INCREASE ABOVE 30 DWELLING UNITS PER ACRE WITHIN THE RAILROAD-CORRIDOR SUB-DISTRICT SOUTH OF SE 2ND STREET; PROVIDING 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. 03-21 on Second Reading, privately-initiated amendments to the Land Development Regulations for the portion of the Central Business District (CBD) Railroad Corridor Sub-district located south of SE 2nd Street to increase the maximum number of stories allowed from four to five within the current maximum height of 54 feet, and increase the maximum density from 30 to 70 dwelling units per acre as part of a Residential Incentive Program that requires at least 20 percent of the total units be provided as on-site workforce housing units. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 03-21 Ord. No. 03-21: Staff Report Ord. No. 03-21: Applicant Support of Request Ord. No. 03-21: Applicant Narrative Ord. No. 03-21: Map AD-5 Ord. No. 03-21: Legal Review 9. FIRST READINGS: City of Delray Beach Page 19 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 9.A. ORDINANCE NO. 04-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING THE HHH BUSH BUILDING SPECIAL ACTIVITIES DISTRICT (SAD) TO THE 1177 MODERNE SPECIAL ACTIVITIES DISTRICT (SAD) FOR THE PROPERTY AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCE NOS. 38-84, 39-90, AND 01-11 IN THEIR ENTIRETY; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD),” SUBSECTION 4.4.25(H), “S.A.D.S”, TO ADD “1177 MODERNE”; SAID LAND GENERALLY LOCATED NORTH OF GEORGE BUSH BOULEVARD BETWEEN THE INTRACOASTAL WATERWAY AND ANDREWS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE “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. (FIRST READING) Recommendation: Review and consider Ordinance No. 04-21, a privately-initiated request to rezone the HHH Building Special Activities District (SAD) to the 1177 Moderne Special Activities District (SAD), repealing the existing HHH Bush Building SAD adopted by Ordinance No. 38-84 and subsequently amended by Ordinance Nos. 39-90 and 01-11, and adopting new development standards in the subject ordinance. Sponsors: Development Services Department Attachments: Agenda Cover Report 1177 Moderne SAD-Ordinance No 04-21 1177 Moderne SAD-Ordinance No 04-21: Exhibit D, Master Development Plan 1177 Moderne-PZB Staff Report 1177 Moderne SAD-Applicant Justification 1177 Moderne SAD-Legal Review City of Delray Beach Page 20 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 9.B. ORDINANCE NO. 05-21: 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 FOUR, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS DISTRICT (CBD)”, SUBSECTION 4.4.13(I)(2)(j), “CBD PARKING STANDARDS”, “MINIMUM NUMBER OF OFF-STREET PARKING SPACES”, TO EXTEND THE EFFECTIVE DATE TO DECEMBER 31, 2024, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 05-21, a privately-initiated request to amend the Land Development Regulations (LDR) Section 4.4.13(I)(2), “Minimum number of off-street parking spaces,” to extend the expiration date from April 3, 2021 to December 31, 2024 for the parking exemption applicable to a change in use for existing buildings located between SE 2nd Street and SE 3rd Street within the Railroad Corridor Sub-district. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 05-21 PZB Staff Report Ord. No. 05-21 Justification Statement Applicable Area Simple Legal Review Approval 05-21, Extending Effective Date of 4.4.13(I)(2)(j) 9.C. ORDINANCE NO. 12-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.02, “FIRE SAFETY INSPECTIONS”, TO PROVIDE ADDITIONAL METHODS OF COLLECTING PAYMENT AND IMPOSING INTEREST FOR DELINQUENT FIRE SAFETY INSPECTION CHARGES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Staff recommends approval of Ordinance No. 12-21 providing additional methods of collecting payment and imposing interest for delinquent Fire Safety Inspection charges; providing a conflict clause, a severability clause and authority to codify; providing an effective date and for other purposes. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Ord 12-21 Fire Safety Inspections Fire Inspection Ord Legal Review 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: City of Delray Beach Page 21 Printed on 3/1/2021 City Commission Regular Commission Meeting March 2, 2021 A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 22 Printed on 3/1/2021