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 1, 2022 Commission Chambers Delray Beach City Hall or Watch on YouTube: https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/ 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 March 1, 2022 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTING CARRIE HELLENBRECHT, CRIME SCENE INVESTIGATOR III, WITH EMPLOYEE OF THE MONTH FOR FEBRUARY 2022. Recommendation: Motion to present Carrie Hellenbrecht, Crime Scene Investigator III, with Employee of the Month for February 2022. Sponsors: Human Resources Department Attachments: Agenda Cover Report Carrie Hellenbrecht - Employee of the Month Nomination Form 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager's response to prior public comments and inquiries 5.A.1. Innovative and Collaborative Opportunities Involving the Boca Raton Museum of Art at the Old School Square Complex Attachments: Fwd_ Cornell Museum Letter to Terrence R. Moore, Delray Beach City Manager 5.A.2. Follow-Up Considerations Regarding Current COVID -19 Related Epidemiology Analysis 5.A.3. Current construction projects 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: November 2, 2021 Regular Commission Meeting Sponsors: City Clerk Department Attachments: Agenda Cover Report November 2 2021 Regular Commission Meeting Minutes - DRAFT 6.B. ACCEPTANCE OF AN ALTERNATIVE FUEL VEHICLE (AFV) CHARGING STATION MAINTENANCE AGREEMENT LOCATED AT 166 SE 2ND AVENUE. Recommendation: Review and consider an Alternative Fuel Vehicle (AFV) Charging Station Maintenance Agreement located at 166 SE 2nd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report AFV in City ROW Agreement Bronson1 Delray LLC 166 SE 2nd Ave - legistar Legal Review AFV in City ROW Agreement Bronson1 Delray LLC 166 SE 2nd Ave Parking Space Agreement and Covenant - CDR Delray FEC LLC-1-24-20 Taquiza - 166 SE 2nd Avenue - SPRAB Report 6.C. APPROVING THE FINAL (MAJOR) SUBDIVISION REPLAT OF LOTS 16 THROUGH 21, BLOCK 36, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, PLAT BOOK 5, PAGE 38 AND A PORTION OF THE ALLEY IN BLOCK 36, TOWN OF LINTON, PLAT BOOK 1, PAGE 3 AND A PORTION OF TRACT "R-2", ATLANTIC GROVE, PLAT BOOK 96, PAGES 55 THROUGH 58 AND A PORTION OF LOT 2, MT. OLIVE BAPTIST CHURCH PROPERTY, PLAT BOOK 69, PAGE 20 AND A PORTION OF THE ALLEY IN BLOCK 28, TOWN OF LINTON, PLAT BOOK1, PAGE 3, ALL IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LYING IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. Recommendation: Review and consider the Final (Major) Plat for Atlantic Grove, at the intersection of NW 1st Street and NW 4th Avenue for the properties currently addressed 35-37 NW 4th Avenue, by adopting that the request and approval thereof is consistent with the criteria set forth in the Land Development Regulations Section 2.4.5(J)(Major Subdivisions). Sponsors: Development Services Department Attachments: Agenda Cover Report PZB Staff Report Atlantic Grove Plat No. 2 Plat Site Plan Location Map City of Delray Beach Page 4 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 6.D. APPROVAL OF THE REQUEST FOR FUNDING FROM NATIONAL COALITION OF 100 BLACK WOMEN, SOUTH PALM BEACH CHAPTER, FROM THE LAW ENFORCEMENT TRUST FUND (LETF) IN THE AMOUNT OF $10,000. Recommendation: Motion to approve request for funding from the Law Enforcement Trust Fund (LETF) pursuant to Florida Statute 932.7055, Disposition of Liens and Forfeited Property, to National Coalition of 100 Black Women, South Palm Beach Chapter in the amount of $10,000. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Form_NCBW 100 National Coalition of 100 Black Women South Palm Beach Chapter LETF Application 6.E. APPROVAL OF DONATION OF CONTENDER BOAT AND RELATED EQUIPMENT BY THE SHERIFF OF PALM BEACH COUNTY TO THE CITY OF DELRAY BEACH Recommendation: Motion to approve donation of a twenty-five foot (25') Contender boat and related equipment by the Sheriff of Palm Beach County to the City of Delray Beach. Sponsors: Police Department Attachments: Agenda Cover Report FY22-Donation-PBSO-2-DelrayBeachPD-Equipment_lw rev_2.10.22 Legal Review Checklist_donation agreement_lw rev km 2-11-2022 6.F. APPROVAL TO APPLY FOR SUGA EDUCATION, TRAINING & DEVELOPMENT, INC. TRAINING AWARD Recommendation: Motion to approve application for SUGA Education, Training & Development, Inc. training award. Sponsors: Police Department Attachments: Agenda Cover Report Training Proposal - Lump Sum - Round 3 - Online Application Legal Review Form_SUGA 6.G. APPROVAL TO APPLY FOR REIMBURSEMENT GRANT FUNDING FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM Recommendation: Motion to approve application for reimbursement grant funding from the Florida Inland Navigation District (FIND) waterways assistance program up to the maximum amount of $60,000. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Form_FIND grant_lw WAP 2022 Application Part 2 - Delray Beach - rev 1 City of Delray Beach Page 5 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 6.H. ITEM(S) A1- ACCEPTANCE OF A RIGHT OF-WAY DEDICATION BY 302 SE 5th St. Recommendation: Consideration of the following items: RIGHT OF WAY DEED(S) Items A Item A1 - Motion to approve and accept a Right of Way Dedication by the owner(s) of 302 SE 5th St. to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) - Legal Review Right of Way Deed 302 SE 5th Street PJB Real Estate LLC Item (A1a) ROW Deed - 302 SE 5th St. Item (A1b) - Exhibit A & Sketch - 302 SE 5th St. - ROW 6.I. APPROVE AMENDMENT 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY CHAMBER EDUCATION FUND, INC. EXTENDING THE AGREEMENT THROUGH ANOTHER YEAR AND AMENDING THE DESIGNATED BUS SHELTERS INCLUDED IN THE PROGRAM Recommendation: Approve Amendment 1 to the Memorandum of Understanding (MOU) Between the City of Delray Beach (City) and the Delray Chamber Education Fund, Inc. (DCEF) extending the agreement for a one-year term ending on May 4, 2023 and amending the bus shelters included within the program. Sponsors: Public Works Department Attachments: Agenda Cover Report MOU w CODB DCEF for Bus Shelter Program 4-5-21 Exhibit A Comparison 2.16.22 Amendment 1 to DCEF MOU (bus shelters) lg rev Exhibit A Amended Simple Legal Review Approval Amendment No. 1 to Bus Shelter MOU City of Delray Beach Page 6 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 6.J. APPROVE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION / PROFESSIONAL SERVICES FOR FISCAL YEAR 2021/22 Recommendation: Approve the Interlocal Agreement (ILA) between the City of Delray Beach (City) and the Delray Beach Community Redevelopment Agency (CRA) to fund Fiscal Year 2020/21 Capital Projects as described in Exhibit A of the attached agreement for Fiscal Year 2021/22. Sponsors: Public Works Department Attachments: Agenda Cover Report PE- ILA with the City for Construction-Professional Services, FY 21-22 Legal Review Checklist form v. 7 ILA with CRA for construction projects 2021-2022 6.K. APPROVAL OF THE BOARD'S BYLAWS ESTABLISHING THE RULE OF PROCEDURE Recommendation: Motion to approve the Board's Bylaws adopted by the Public Art Advisory Board. Sponsors: City Clerk Department Attachments: Agenda Cover Report PAAB BYLAWS 6.L. APPROVAL OF INTERLOCAL AGREEMENT GOVERNING USE OF PALM BEACH COUNTY REGIONAL OPIOID SETTLEMENT FUNDS Recommendation: Motion to Approve of Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement Funds. Sponsors: City Attorney Department Attachments: Agenda Cover Report FINAL DRAFT PBC INTERLOCAL AGREEMENT -OPIOID SETTLEMENT FUNDS 6.M. PROCLAMATIONS: 6.M.1. PROCLAMATION DESIGNATING THE MONTH OF MARCH AS FLORIDA BIKE MONTH IN DELRAY BEACH Sponsors: Development Services Department Attachments: Agenda Cover Report Florida Bike Month Proclamation 6.M.2. PROCUREMENT MONTH PROCLAMATION Recommendation: Motion to proclaim the month of March as Procurement Month. Sponsors: Purchasing Department Attachments: Agenda Cover Report 2022 Procurement Month City of Delray Beach Page 7 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 6.M.3. ALFRED “ZACK” STRAGHN DAY 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 Proclamation 6.M.4. ALL PEOPLE'S DAY PROCLAMATION Recommendation: Motion to declare All People's Day on March 19, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report All People's Day Proclamtion 6.M.5. VIETNAM VETERANS' DAY PROCLAMATION Recommendation: Motion to proclaim March 29, 2022 as VIETNAM VETERAN'S DAY in the City of Delray Beach. Sponsors: City Clerk Department Attachments: Agenda Cover Report VIETNAM VETERANS DAY Proclamation 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.N.1. REPORT OF APPEALABLE LAND USE ITEMS FROM JANUARY 17, THROUGH FEBRUARY 11, 2022. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - Tintworld B - The Ray Hotel and the Shops at the Ray C - First Patient Care Clinic D - 108 N Swinton Ave E - 702 SE 1st Street F - Island Cove G - 500 NE 5th Ave H - 506 NE 5th Ave 6.O. AWARD OF BIDS AND CONTRACTS: 6.O.1. None City of Delray Beach Page 8 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 7. REGULAR AGENDA: 7.A. RESOLUTION NO. 32-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(D)(2)(A)1 AND TABLE 4.4.13(C) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A 3.17-FOOT SETBACK FOR THE GROUND FLOOR AND ZERO-FOOT SETBACK FOR THE SECOND AND THIRD FLOORS, FOR THE HIGHLAND PARK TOWNHOMES PROJECT LOCATED AT 375 NORTHEAST 6TH AVENUE AND 395 NORTHEAST 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). RESOLUTION NO. 33-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(G)(3)(D) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A CIVIC OPEN SPACE WHICH IS NOT LINED BY BUILDING FACADES OR STREETS ON ALL SIDES, FOR THE HIGHLAND PARK TOWNHOMES PROJECT LOCATED AT 375 NORTHEAST 6TH AVENUE AND 395 NORTHEAST 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation: Review and consider Resolution Nos. 32-33 and 33-23. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 33-22 Civic Open Space Waiver Resolution No. 32-22 Setback Waiver SPRAB Staff Report Applicant Justification - Civic Open Space Waiver Applicant Justification - Setback Waiver Highland Park Townhomes Site Plan Legal Review Res 32-22 Setback Waiver Request Highland Park 375 and 395 NW 6th Ave Legal Review Res 33-22 Civic Open Space Waiver Request Highland Park 375 and 395 NW 6th Ave 7.B. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Recommendation: Motion to Ratify the 100th, 101st and 102nd Extensions of the State of Emergency for COVID-19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 100th extension of state of emergency 2-9-2022 - signed 101st extension of state of emergency 2-16-2022 - signed 102nd extension of state of emergency 2-23-2022 - signed City of Delray Beach Page 9 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 7.C. PARKING AND CURBSIDE MANAGEMENT PLAN UPDATE Sponsors: Development Services Department Attachments: Agenda Cover Report July 2021 Public Workshops Presentation Parking Management Advisory Board Comments Downtown Development Authority Comments 7.D. PRESENTATION OF THE SWINTON / ATLANTIC INTERSECTION IMPROVEMENTS STUDY Recommendation: Receive presentation concerning the traffic study and recommendations for improving traffic flow at the intersection of Swinton Avenue and Atlantic Avenue. Sponsors: Public Works Department Attachments: Agenda Cover Report Swinton and Atlantic Intersection Stakeholder Meeting Final 070621 comp 7.E. UPDATE ON THE CITYWIDE BICYCLE-PEDESTRIAN MASTER PLAN AND APPOINTMENTS BY THE MAYOR AND CITY COMMISSION TO THE FOCUS GROUP FOR THE PLAN. Recommendation: Request each City Commissioner appoint a Delray Beach resident to a focus group to help develop the Citywide Bicycle-Pedestrian Master Plan. Sponsors: Development Services Department Attachments: Agenda Cover Report Final PIP v4 Project Timeline 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: City of Delray Beach Page 10 Printed on 2/28/2022 City Commission Regular Commission Meeting March 1, 2022 9.A. ORDINANCE NO. 08-22: 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 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” SUBSECTION (V), “USES INVOLVING ALCOHOLIC BEVERAGES,” TO ALLOW OUTDOOR CONSUMPTION OF ALCOHOL AT STAND ALONE BARS, AND PROVIDING SPECIFIC REGULATIONS FOR OUTDOOR USE AREAS; AND, AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.6, “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING,” SUBSECTION (B), “ALLOWABLE OUTSIDE USAGE,” TO ADD OUTDOOR USE AT STANDALONE BARS AS A CONDITIONAL USE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 08-22, a privately initiated amendment to Section 4.3.3(V), “Special Requirements for Specific Uses” and Section 4.6.6, “Commercial and industrial uses to operate within a building” of the Land Development Regulations (LDR) to allow outdoor consumption of alcohol at stand alone bars serving only beer and wine, and to provide regulations to support the health, safety, and general welfare of the public. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 08-22 Outdoor Alcohol Use Ordinance No. 08-22: Staff Report, Outdoor Use Areas at Standalone Bars Ordinance No. 08-22: Justification Statement Ordinance No. 08-22: Stand Alone Bars Map, CBD & Residential Zoning Ordinance No. 08-22: DDA Recommendation Ordinance No. 08-22: Legal Review 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT City of Delray Beach Page 11 Printed on 2/28/2022