City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Regular Meeting at 4:00 PM Tuesday, May 4, 2021 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Shirley Ervin Johnson Deputy Vice Mayor Adam Frankel Commissioner Juli Casale Commissioner Ryan Boylston  RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign-in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting May 4, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTATION BY STATE SENATOR LORI BERMAN, PROVIDING LEGISLATIVE UPDATES FROM THE 2021 FLORIDA LEGISLATIVE SESSION Recommendation: Presentation only. Sponsors: City Clerk Department Attachments: Agenda Cover Report 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: April 6, 2021 Regular Commission Meeting Minutes April 13, 2021 Workshop Commission Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report April 6, 2021 Commission Meeting Minutes - DRAFT April 13 2021 Workshop Meeting Minutes - DRAFT City of Delray Beach Page 3 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 6.B. ACCEPTING A LANDSCAPE MAINTENANCE AGREEMENT, GENERAL UTILITY EASEMENT, PEDESTRIAN CLEAR ZONE EASEMENT AND RIGHT-OF-WAY DEED FOR THE HATCHER BUILDING PROJECT LOCATED 20 & 26 NW 6TH AVENUE. Recommendation: Review and consider the Landscape Maintenance Agreement, General Utility Easement, Pedestrian Clear Zone Easement, and Right-Of-Way Deed, all as presented, for the Hatcher Building project, located at 20 & 26 NW 6th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Hatcher Building - Location Map Hatcher Building - SPRAB Report Hatcher Building - Site Plan Hatcher Building - Pedestrian Clear Zone Hatcher Building - ROW Deed Hatcher Building - General Utility Easement Hatcher Building - Landscape Maintenance Agreement Hatcher Building - LMA Exhibit "B" (Landscape Plans) Legal Review Pedestrian Clear Zone Legal Review Right of Way Deed Legal Review General Utility Easement 6.C. INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE USE OF THE SEACREST TRAINING FACILITY Recommendation: Motion to approve Interlocal Agreement between the School Board of Palm Beach County and the City of Delray Beach for the use of the Seacrest Training Facility Sponsors: Police Department Attachments: Agenda Cover Report Seacrest Athletic Training Facility ILA_1_5_21_lw rev 2021-3-9_CLEAN Legal Review Checklist_School Board Seacrest Facility City of Delray Beach Page 4 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 6.D. ITEM(S) A1 AND A2 -ACCEPTANCE OF A GENERAL UTILITY EASEMENT FOR 401 NE 2ND ST. AND ACCEPTANCE OF A GENERAL UTILITY EASEMENT FOR 217 NE 4th ST. Recommendation: Consideration of the following items: GENERAL UTILITY EASEMENT(S) Items A Item A1 - Motion to approve and accept a General Utility Easement Dedication by the owner(s) of 401 NE 2nd St. to the City of Delray Beach. Item A2 - Motion to approve and accept a General Utility Easement Dedication by the owner(s) of 217 NE 4th St to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Reviews (2 Items) Item (A1a) 401 NE 2nd St. - GUE PHG Item (A1b) 401 NE 2nd St. -Exhibit A Sketch Item (A2a) 217 NE 4th Ave. - GUE Item (A2b) 217 NE 4th Ave. Exhibit A Sketch City of Delray Beach Page 5 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 6.E. APPROVAL OF A RESOLUTION NO. 61-21 TO AWARD SERVICE AUTHORIZATION NO. 7 WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. IN THE AMOUNT NOT-TO-EXCEED $181,560 FOR COASTAL ENGINEERING CONSULTING SERVICES INCLUDING THE ANNUAL BEACH MONITORING SURVEYS AND PRE-CONSTRUCTION INVESTIGATION AND SURVEYS FOR THE 6TH REGULAR BEACH NOURISHMENT PROJECT. (PROJECT NO. 17-081) Recommendation: Approval of a Resolution No. 61-21 to award Service Authorization No.7 with Aptim Environmental & Infrastructure, Inc. in the amount not-to-exceed $181,560 for Coastal Engineering Consulting Services including continuing post-construction monitoring for the 2020 storm nourishment project with the annual beach monitoring surveys and pre-construction sub-aquatic vegetation investigation and borrow area surveys for the 6th regular beach nourishment project planned for Winter 2021/2022 for the City of Delray Beach’s Nourishment Program. (Project No. 17-081) Sponsors: Public Works Department Attachments: Agenda Cover Report Legal Review Checklist Consulting Service Authorization for Coastal Engineering Resolution Aptim 61-21 final 2021 Coastal Services SA 6.F. RESOLUTION NO. 78-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION APPLICATION FOR A FINAL PLAT FOR A THREE-LOT SUBDIVISION KNOWN AS “BELLA DELRAY” LOCATED AT 1634 NORTH SWINTON AVENUE, MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Recommendation: Review and consider the Resolution No. 78-21 and the Final Plat to subdivide one lot into three separate lots and to accept easements and right-of-way dedications. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 78-21 Bella Plat Bella Delray Plat Bella Delray Plat - Survey Simple Legal Review Approval 78-21.docx City of Delray Beach Page 6 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 6.G. RESOLUTION NO. 70-21 TO APPROVE UTILIZING SOURCEWELL EZIQC CONTRACT NO. FL-NEA-GC07-041019 WITH DAVID MANCINI AND SONS, INC. FOR NE 3RD AVENUE STREETSCAPE IMPROVEMENTS IN THE AMOUNT NOT-TO-EXCEED $1,869,688, INCLUDING A CONTINGENCY IN THE AMOUNT OF $170,000 AND PERMIT FEES IN THE ESTIMATED AMOUNT OF $16,833 (Project No. 2011-024) Recommendation: Motion to Approve Resolution No. 70-21 to utilize Sourcewell ezIQC Contract No. FL-NEA-GC07-041019 with David Mancini and Sons, Inc. for NE 3rd Avenue Streetscape and Drainage improvements in the amount not-to-exceed $1,869,688, including a contingency in the amount of $170,000 and permit fees in the estimated amount of $16,833. (Project No. 2011-024) Sponsors: Purchasing Department and Public Works Department Attachments: Agenda Cover Report Reso 70-21 DMSI NE 3rd Streetscape project Legal Review Checklist Master Contractor Services Agreement David Mancini & Sons NE 3rd Ave Streetscape I 210409 - Agreement - NE 3rd Streetscape - DMSI Sourcewell piggyback FINAL - DM EXECUTED 210409 - City of Delray Beach NE 3rd St Streetscape Proposal DM EXECUTED 6.H. ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR WORK TO BE PERFORMED WITHIN THE STATE OF FLORIDA RIGHT-OF-WAY ASSOCIATED WITH THE RELOCATION OF A WATER MAIN FOR THE PHG HOTEL LOCATED AT THE NORTHWEST CORNER OF NE 5TH AVENUE AND NE 2ND STREET. Recommendation: Review and consider the acceptance of the Hold Harmless agreement. Sponsors: Development Services Department Attachments: Agenda Cover Report PHG Hold Harmless w. Exhibits PHG - FDOT MOT Plan PHG - Simple Legal Review 6.I. PROCLAMATIONS: 6.I.1. OBSERVANCE OF HAITIAN HERITAGE MONTH Recommendation: Proclaim the month of May as Haitian Heritage Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Haitian Heritage Month City of Delray Beach Page 7 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 6.I.2. KIDS TO PARK DAY PROCLAMATION Recommendation: Motion to Proclaim May 15, 2021 as Kids to Park Day Sponsors: City Clerk Department Attachments: Agenda Cover Report Kids To Parks Day May 15, 2021 6.I.3. MAY 2021 MENTAL HEALTH AWARENESS AND TRAUMA INFORMED CARE MONTH Recommendation: Proclamation to recognize May 2021 as Mental Health Awareness and Trauma Informed Care Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report Mental Health Awareness Month 6.I.4. INFRASTRUCTURE WEEK PROCLAMATION Recommendation: Motion to proclaim May 10, 2021 - May 14, 2021 as Infrastructure Week 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report Infrastructure Week 6.I.5. MUNICIPAL CLERKS WEEK PROCLAMATION Recommendation: Recognizing all municipal clerks around the country and declaring May 2 - 8, 2021 as Municipal Clerks Week in the City of Delray Beach. Sponsors: City Clerk Department Attachments: Agenda Cover Report Municipal Clerks Week Proclamation 6.I.6. PUBLIC WORKS WEEK PROCLAMATION Recommendation: Motion to proclaim the week of May 16 to May 22 as Public Works Week. Sponsors: Public Works Department Attachments: Agenda Cover Report Delray Beach Public Works Week Proclamation NPWW Final Poster_20x30 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.J.1. None 6.K. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 8 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 6.K.1. APPROVAL OF RESOLUTION NO. 68-21 TO AWARD AN AGREEMENT WITH TAW POWER SYSTEMS, INC. FOR THE REPLACEMENT OF THE EMERGENCY GENERATOR FOR THE INFORMATION TECHNOLOGY BUILDING; UTILIZING THE SCHOOL DISTRICT OF PALM BEACH COUNTY BID NO. 19C-9T IN THE AMOUNT OF - $89,627 Recommendation: Motion to approve Resolution No. 68-21 to award an agreement with TAW Power Systems, Inc. for the replacement of the emergency generator for the Information Technology building, utilizing the School District of Palm Beach County Bid No. 19C-9T in the amount of $89,627. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist TAW Power Systems RESOLUTION NO. 68-21 TAW Power Systems Agreement 6.K.2. APPROVAL OF RESOLUTION NO. 60-21 TO APPROVE AN AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF OSCEOLA PARK NEIGHBORHOOD IMPROVEMENTS (PHASE II) PURSUANT TO ITBC NO. 2021-025 (PROJECT NO. 16-095) - $4,114,878 Recommendation: Motion to Approve Resolution No. 60-21 to award an Agreement with Ric-Man Construction, Inc. for the construction of neighborhood improvements in Osceola Park pursuant to ITBC No. 2021-025 (Project No. 16-095) Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Signed - Osceola Park Phase 2 - Ric-Man Resolution 60-21 - Osceola Park Neighborhood Imprv Ph II - Ric-Man Construction Legal Review Checklist Ric-Man Osceola Park Submittal - Osceola Phase II - Ric-Man Construction, Inc. Recommendation for Award Letter from Engineer of Record 7. REGULAR AGENDA: 7.A. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY CHAMBER EDUCATION FUND, INC. Recommendation: Consideration of Memorandum of Understanding Between the City of Delray Beach and the Delray Chamber Education Fund, Inc. Sponsors: City Attorney Department Attachments: Agenda Cover Report FINAL MOU dated 2-4-2021 lg 4-9-21 LG REV 4-12-21 lg rev 4-16-2021 FINAL_ City of Delray Beach Page 9 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 7.B. RESOLUTION NO. 64-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTIONS 4.1.4(B) AND 4.1.4(D) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE CONSTRUCTION OF A SINGLE-FAMILY NON-WORKFORCE HOUSING STRUCTURE FOR THE PROPERTY LOCATED AT 211 SE 12TH ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 64-21 for a waiver request to Land Development Regulations Section 4.1.4(B) and 4.1.4(D) to allow the construction of a non-workforce housing residential structure on a lot with a frontage of less than 50 feet. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 64-21 211 SE 12th Rd Waiver 211 SE 12th Rd Justification letter 211 SE 12th Rd Survey Lambert Trailer Court Plat Legal Review Res 64-21 Waiver to Lot Frontage for 211 SE 12th Road 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 57th and 58th Extensions of the State of Emergency for COVID -19, Resolution No. 81-21. Sponsors: City Attorney Department Attachments: Agenda Cover Report 57th Extension State of Emergency - COVID -19 58th Extension State of Emergency - COVID -19 Res 81-21 - COVID adopting PBC 2021-004 extending facial coverings directives thru May 18 2021 7.D. DISCUSSION REGARDING JULY 4TH SPECIAL EVENT Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report 7.E. DISCUSSION REGARDING CITY MANAGER SEARCH Sponsors: Human Resources Department Attachments: Agenda Cover Report 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 10 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 8.A. ORDINANCE NO. 09-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT FOR PARCELS OF LAND LOCATED AT 215 SE 1st AVENUE, 219 SE 1st AVENUE, 223 SE 1st AVENUE, 227 SE 1st AVENUE, 231 SE 1st AVENUE, 237 SE 1st AVENUE, 243 SE 1st AVENUE, 251 SE 1st AVENUE, AND 253 SE 1st AVENUE, WHICH MEASURE APPROXIMATELY 1.41± ACRES AS MORE PARTICULARLY DESCRIBED HEREIN, RE-DESIGNATING SAID LAND FROM MEDIUM DENSITY (MD) TO COMMERCIAL CORE (CC), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING) Recommendation: Consider Ordinance No. 09-21, a privately-initiated request for a Land Use Map Amendment (LUMA) from Medium Density (MD) to Commercial Core (CC) for the properties located at 215 SE 1st Avenue, 219 SE 1st Avenue, 223 SE 1st Avenue, 227 SE 1st Avenue, 231 SE 1st Avenue, 237 SE 1st Avenue, 243 SE 1st Avenue, 251 SE 1st Avenue, and 253 SE 1st Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Delray Swan-Ord. No. 09-21 LUMA Delray Swan-Ord. No. 09-21, PZB Report Delray Swan-Proposed Land Use and Zoning Delray Swan-Applicant Justification Delray Swan-Traffic Study Delray Swan-Legal Review Ord. No. 09-21 City of Delray Beach Page 11 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 8.B. ORDINANCE NO. 10-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND RE-DESIGNATING LAND ZONED MEDIUM DENSITY RESIDENTIAL (RM) TO CENTRAL BUSINESS DISTRICT (CBD) FOR THE NINE PROPERTIES LOCATED AT 215 SE 1st AVENUE, 219 SE 1st AVENUE, 223 SE 1st AVENUE, 227 SE 1st AVENUE, 231 SE 1st AVENUE, 237 SE 1st AVENUE, 243 SE 1st AVENUE, 251 SE 1st AVENUE, AND 253 SE 1st AVENUE, WHICH MEASURE APPROXIMATELY 1.41± ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING “CITY OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017” AND FURTHER AMENDING FIGURE 4.4.13-7, “RAILROAD CORRIDOR SUB-DISTRICT REGULATING PLAN” AND REGULATING MAP IN SECTION 4.4.13, LAND DEVELOPMENT REGULATIONS ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING) Recommendation: Consider Ordinance No. 10-21, a privately-initiated request for rezoning from Medium Density Residential (RM) to Central Business District (CBD) for the properties located at 215 SE 1st Avenue, 219 SE 1st Avenue, 223 SE 1st Avenue, 227 SE 1st Avenue, 231 SE 1st Avenue, 237 SE 1st Avenue, 243 SE 1st Avenue, 251 SE 1st Avenue, and 253 SE 1st Avenue with an associated amendment to the Land Development Regulations (LDR) Figure 4.4.13-7, Railroad Corridor Sub-district Regulating Plan, to add the subject properties. Sponsors: Development Services Department Attachments: Agenda Cover Report Delray Swan-Ord. No. 10-21 RZ Delray Swan-Ord. No. 10-21, PZB Staff Report Delray Swan-Proposed Land Use and Zoning Delray Swan-Proposed Regulating Plan Delray Swan-Applicant Justification Delray Swan-Traffic Study Delray Swan-Legal Review Ord. No. 10-21 City of Delray Beach Page 12 Printed on 4/30/2021 City Commission Regular Commission Meeting May 4, 2021 8.C. ORDINANCE NO. 13-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP PURSUANT TO SECTION 4.1.2 OF THE CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR THE MAINTENANCE THEREOF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (SECOND READING) Recommendation: Review and consider Ordinance No. 13-21 on Second Reading to adopt a new Official Zoning Map of the City of Delray Beach. Sponsors: Development Services Department Attachments: Agenda Cover Report Official Zoning Map: Staff Report Official Zoning Map: Ordinance No. 13-21 Official Zoning Map: 2017 and 2021 maps Official Zoning Map: Legal Review 9. FIRST READINGS: 9.A. None 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT City of Delray Beach Page 13 Printed on 4/30/2021