City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 www.delraybeachfl.gov Regular Commission Meeting Regular Meeting at 4:00 PM Tuesday, June 13, 2023 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Rob Long Commissioner Adam Frankel Commissioner Angela Burns  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 June 13, 2023 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. None 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. GENERAL GUIDANCE AND DIRECTION REGARDING CITY COMMISSION MEETING SECURITY PROTOCOLS Sponsors: City Manager Department 5.A.2. CONSIDERATION REGARDING COLUMBIA UNIVERSITY CITY ADAPTABILITY INDEX Sponsors: City Manager Department 5.A.3. CLARITY REGARDING EDUCATION BOARD MEMBERSHIP COMPOSITION QUORUM REQUIREMENTS Sponsors: City Manager Department 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. APPROVAL OF ADDITIONAL SPENDING TO CONTRACT WITH A-EXCELLENT SERVICE, INC., IN THE AMOUNT OF $50,000 FOR CITYWIDE HVAC MAINTENANCE AND REPAIR SERVICES, AND A/C UNIT REPLACEMENTS, TO FULFILL AN INCREASE IN SERVICE REQUESTS AND REPLACEMENTS ON AGING EQUIPMENT. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Renewal of P2022-002 City of Pompano Beach Resolution 2023-68 Master Services Agreement P2022-002 6.B. APPROVAL OF RESOLUTION NO. 75-23 TO AWARD AN AGREEMENT WITH City of Delray Beach Page 3 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 CITIES DIGITAL, INC. UTILIZING REGION 14 EDUCATION SERVICE CENTER, ON BEHALF OF THE NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) SOLICITATION NO. 36-22 FOR DOCUMENTS AND RECORDS MANAGEMENT MAINTENANCE, SUPPORT AND SERVICES - $30,000 PER YEAR. Sponsors: IT Department and Marese Attachments: Agenda Cover Report Legal Review Checklist Cities Digital, Inc. Resolution 75-23 Cities Digital (NCPA) Agreement Vendor executed 6.C. RECEIVE ANNUAL FLOODPLAIN MANAGEMENT PLAN PROGRESS REPORT 2023 Sponsors: Public Works Department Attachments: Agenda Cover Report FINAL-510 FMP - Delray Annual Progress Report Legal Review-See notes for FMP 6.D. APPROVAL OF THE REQUEST FOR FUNDING FROM GULF STREAM COUNCIL OF BOY SCOUTS OF AMERICA, INC., FROM THE LAW ENFORCEMENT TRUST FUND (LETF) IN THE AMOUNT OF $5,000. Sponsors: Police Department Attachments: Agenda Cover Report Gulf Stream Council LETF application 2023 Legal Review Form_Gulfstream Council of Boy Scouts of America 6.E. APPROVAL OF RESOLUTION NO. 107-23 TO AWARD AN AGREEMENT WITH BFAV LLC DBA ALL-ON-STAGE PRODUCTIONS, UTILIZING THE CITY OF FORT LAUDERDALE ITB NO. 29-1 FOR SOUND, STAGE, AND LIGHTING SERVICES Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report All on Stage_Legal Review Res 107-23_All on Stage MSA_P2023-044_All on Stage Estimate_1606_from_BFAV_LLC_dba_All_On_Stage_Productions 6.F. MOTION TO APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH BAXTER & WOODMAN INC. RESULTING FROM RFQ 2021-022, FOR ADDITIONAL NEIGHBORHOOD DESIGN SERVICES FOR PROJECT 17-020 NORTHWEST NEIGHBORHOOD IMPROVEMENTS PROJECT IN THE AMOUNT OF $129,438 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,761,720. Sponsors: Public Works Department City of Delray Beach Page 4 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 Attachments: Agenda Cover Report Amendment No. 1 Legal Review Checklist ILA - CRA - Funding for Construction & Professional Services (FY 2022-2023) Agreement - Baxter & Woodman_Neighborhood Improvements Project 6.G. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF LAWRENCE PERCIVAL WEGLARZ V. CITY OF DELRAY BEACH, ET AL Sponsors: City Attorney Department Attachments: Agenda Cover Report 6.H. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF ANTONIO OLIVEIRA V. THE CITY OF DELRAY BEACH Sponsors: City Attorney Department and Inglese Attachments: Agenda Cover Report 6.I. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF ALIYA POLIANDRO VS. CITY OF DELRAY BEACH Sponsors: City Attorney Department Attachments: Agenda Cover Report 6.J. PROPOSED SETTLEMENT IN THE CASE OF NICODEM TOUSSAINT VS. CITY OF DELRAY BEACH Sponsors: City Attorney Department Attachments: Agenda Cover Report 6.K. PROCLAMATIONS: 6.K.1. OBSERVANCE OF JUNETEENTH Sponsors: City Clerk Department Attachments: Agenda Cover Report Juneteenth Proclamation 6.K.2. NATIONAL HIV TESTING DAY PROCLAMATION - JUNE 27, 2023 Sponsors: City Clerk Department Attachments: Agenda Cover Report National HIV Testing Day 6.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.L.1. None 6.M. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 5 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 6.M.1. None 7. REGULAR AGENDA: 7.A. NOMINATION FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Affordable Housing Advisory Committee AHAC Attendance Bruton Cox Cantwell Cohn Dadich Hale Land Petillo Olieberg Thompson 7.B. RESOLUTION NO. 100-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(E)(4)(e)1.d. OF THE LAND DEVELOPMENT REGULATIONS, ASSOCIATED WITH A CLASS V SITE PLAN FOR THE REDEVELOPMENT OF 12 NE 5TH AVENUE AS BRICKTOP'S RESTAURANT, TO ALLOW A LIGHT TRANSMISSION REDUCTION OF NO MORE THAN 36 PERCENT FOR THE STOREFRONT WINDOWS LOCATED ALONG THE FRONT ELEVATION, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Sponsors: Development Services Department City of Delray Beach Page 6 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 Attachments: Agenda Cover Report Bricktop's Restaurant - Res. No. 100-23 Bricktop's Restaurant - SPRAB Report Bricktop's Restaurant - Applicant Justification Statement Bricktop's Restaurant - Site Plan Bricktop's Restaurant - Floor Plan Bricktop's Restaurant - Exterior Elevation Bricktops Restaurant - DDA Memo Window Examples - Cloudy Day Window Examples - Exterior Window Examples - Night Bricktop's Restaurant - Legal Review 7.C. RESOLUTION NO. 85-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN IN-LIEU OF PARKING FEE REQUEST FOR THE PROPERTY LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CONSISTENT WITH THE APPROVAL HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) Sponsors: Development Services Department Attachments: Agenda Cover Report 220 NE 1st Street - existing site plan 220 NE 1st Street - proposed site plan 220 NE 1st Street - parking analysis 220 NE 1st Street - PBC TPS Approval Letter 220 NE 1st Street - DDA Recommendation 220 NE 1st Street - Res No. 85-23 (WB legal review) 220 NE 1st Street - Legal Review of Res 85-23 (WB) 7.D. RESOLUTION NO. 110-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CLASS V SITE PLAN, LANDSCAPE PLAN, ARCHITECTURAL ELEVATIONS AND APPROVING AN INCREASE IN RESIDENTIAL DENSITY PURSUANT TO SECTION 4.4.13(H)(1) OF THE LAND DEVELOPMENT REGULATIONS, "RESIDENTIAL INCENTIVE PROGRAM," FOR THE PROJECT KNOWN AS BLISS ON 4TH, LOCATED AT 10 SW 4th AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) Sponsors: Development Services Department City of Delray Beach Page 7 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 Attachments: Agenda Cover Report Bliss on 4th: Staff Report Bliss on 4th: Res. No. 110-23, Bliss on 4th - 10 SW 4th Ave Bliss on 4th: Project Narrative Bliss on 4th: Site Plan and Architectural Elevations Bliss on 4th: Landscape Plan Bliss on 4th: Civil Plans Bliss on 4th: Photometric Plans Bliss on 4th: Survey Bliss on 4th: Palm Beach County TPS Letter Bliss on 4th: School District SCAD Letter Bliss on 4th: DDA Letter Bliss on 4th: Legal Review Res. No. 110-23 Bliss on 4th - 10 SW 4th Ave 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. None 9. FIRST READINGS: 9.A. ORDINANCE NO. 10-23: 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 4.6.19, “TREE PRESERVATION, PROTECTION, ENFORCEMENT, AND MAINTENANCE,” TO REMOVE THE FEE SCHEDULE FROM THE LAND DEVELOPMENT REGULATIONS, ESTABLISH MITIGATION REQUIREMENTS FOR PALM TREES, REQUIRE MITIGATION FOR TREES AND PALMS WITH LESS THAN 50 PERCENT CONDITION RATING, MODIFY THE LIST OF NUISANCE PLANT SPECIES, AND ADOPT CLARIFYING LANGUAGE; AMENDING APPENDIX A, “DEFINITIONS,” TO MODIFY THE DEFINITION OF EXCEPTIONAL SPECIMEN TREE AND TO DELETE THE DEFINITION OF SPECIMEN TREE AS DUPLICITOUS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Sponsors: Development Services Department Attachments: Agenda Cover Report PZB Staff Report Ordinance No. 10-23 Resolution No. 39-23, For Reference Only Legal Review, Ordinance No. 10-23 9.B. ORDINANCE NO. 25-23: AN ORDINANCE OF THE CITY COMMISSION OF THE City of Delray Beach Page 8 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 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 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION (K), “DEVELOPMENT STANDARDS MATRIX,” “DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS” TO AMEND THE REQUIRED SETBACKS FOR DUPLEX DEVELOPMENT IN LOW DENSITY RESIDENTIAL (RL) AND MEDIUM DENSITY RESIDENTIAL (RM) ZONING DISTRICTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (FIRST READING) Sponsors: Development Services Department Attachments: Agenda Cover Report PZB Staff Report, Duplex Setbacks Ordinance No. 25-23, Duplex Setbacks Legal Review, Ordinance No. 25-23 9.C. ORDINANCE NO. 11-23. 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 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS”, SECTION 4.6.16. “LANDSCAPE REGULATIONS,” SUBSECTION (E), “LANDSCAPE DESIGN STANDARDS” TO ADOPT REGULATIONS GOVERNING THE USE OF ARTIFICIAL TURF AND SUBSECTION (H), “MINIMUM LANDSCAPE REQUIREMENTS” TO PROHIBIT THE USE OF ARTIFICIAL TURF IN THE RIGHT OF WAY; AND AMENDING APPENDIX A - “DEFINITIONS” TO ADOPT A DEFINITION FOR ARTIFICIAL TURF AND TO AMEND THE DEFINITION OF OPEN SPACE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (FIRST READING) Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 11-23, Artificial Turf PZB Staff Report, Artificial Turf Table - Artificial Turf Certified Local Government Research Legal Review, Ordinance No. 11-23 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney 10.C. City Commission City of Delray Beach Page 9 Printed on 6/12/2023 City Commission Regular Commission Meeting June 13, 2023 11. ADJOURNMENT City of Delray Beach Page 10 Printed on 6/12/2023