March 3, 2020 City Commission Meeting Minutes Final w signature pageTuesday, March 3, 2020
4:00 PM
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall
City Commission
Mayor Shelly Petrolia
Vice Mayor Shirley Ervin Johnson
Deputy Vice Mayor Bill Bathurst
Commissioner Adam Frankel
Commissioner Ryan Boylston
Minutes - Final
Regular Meeting at 4:00 PM
March 3, 2020City Commission Minutes - Final
1. ROLL CALL
Mayor Petrolia called the regular meeting to order at 4:00 p.m.
The roll call was taken by the City Clerk.
The following were in attendance:
Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner
Adam Frankel, Deputy Vice Mayor William Bathurst, and Vice-Mayor Ryan
Boylston
Present:5 -
Others present were:
Suzanne Fisher, Assistant City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
City Attorney Gelin stated that the applicant requested item 7.D, Resolution
33-20 be taken off the agenda until a later date.
Commissioner Frankel requested item 7.I. be moved to 7.A.A.
approved as amended
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
4. PRESENTATIONS:
4.A.20-161 PRESENTATION PROVIDING AN UPDATE ON OPIOID LITIGATION
Sponsors:City Attorney Department
Agenda Cover ReportAttachments:
Paul Geller and Mark Dearman with Robbins Geller Law Firm, Boca Raton,
FL, gave an updated overview presentation on the National Opioid
Litigation that they are representing the City of Delray Beach in.
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March 3, 2020City Commission Minutes - Final
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
None.
B. From the Public
John Gergen, 608 NW 8 Avenue, Delray Beach, serves on the Parking
Advisory Board, stated that he supports the six-month valet services
extension that the Parking Advisory Board unanimously passed.
James Quillian, 925 SE 2nd Avenue, Osceola Park, Delray Beach,
expressed concern over allocated funds to engineers and builders. He also
inquired about the rezoning on Federal, 4th and 10th Avenues.
Angie Gray, 219 SW 9th Street, said that she would like to see Pompey
Park named after Coco Gauff.
Pauline Moody, unverifiable address, spoke about the opioid crisis in the
city and the need to repair the roads.
Michael Winn, Delray Beach, stated his displeasure in the city’s officials
and the Police Department.
There being no one else from the public who wished to address the City
Commission, Mayor Petrolia closed the public comments.
6. CONSENT AGENDA: City Manager Recommends Approval
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
6.A.20-067 CITY COMMISSION MEETING MINUTES
Recommendation:Motion to approve meeting minutes as listed below:
October 15, 2019 Special Meeting Attorney/Client Session Minutes
December 10, 2019 Regular City Commission Meeting Minutes
January 16, 2020 Regular City Commission Meeting Minutes
January 21, 2020 Regular City Commission Meeting Minutes
February 4, 2020 Special Meeting Attorney/Client Session Minutes
February 4, 2020 Regular City Commission Meeting Minutes
Page 2City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
February 11, 2020 Regular City Commission Meeting Minutes
Sponsors:City Clerk Department
Agenda Cover Report
October 15, 2019 Special Meeting Attorney-Client Session
December 10, 2019 Regular Meeting Minutes_DRAFT
January 16, 2020 Regular City Commission Meeting Minutes_DRAFT
January 21, 2020 Regular City Commission Meeting Minutes
February 4 2020 Special Meeting Attorney - Client Session Draft
February 4, 2020 Regular City Commission Meeting Minutes_DRAFT
February 11, 2020 Regular City Commission Meeting Minutes_DRAFT
Attachments:
approved
6.B.20-183 SETTLEMENT IN THE CASE OF DEPOT WAREHOUSE LLC V. CITY OF
DELRAY BEACH
Recommendation:Motion to approve settlement in the case of Depot Warehouse, LLC, v.
City of Delray Beach, for the reasons discussed in the confidential
memorandum previously distributed to the City Commission.
Sponsors:City Attorney Department
Agenda Cover ReportAttachments:
approved
6.C.20-057 FINAL PLAT FOR 912 PALM TRAIL.
Recommendation:Review and consider Final Plat for 912 Palm Trail.
Sponsors:Development Services Department
Agenda Cover Report
PALM TRAIL PLAT SHEET 1
PALM TRAIL PLAT SHEET 2
912 Palm Trail PZB Report
16-51 SURVEY
Attachments:
approved
6.D.20-132 ACCEPTANCE OF A TOTAL 597.97 SQUARE FOOT PERPETUAL
PEDESTRIAN CLEAR ZONE EASEMENT, A 197.97 SQUARE FOOT
CORNER CLIP DEDICATION LOCATED AT PORTIONS OF LOT 1,
BLOCK 93, OF THE RE-SUBDIVISION OF BLOCK 93, AS RECORDED
IN PLAT BOOK 10, PAGE 53, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, FROM PIERRE DELRAY ONE LLC, “THE
GRANTOR”, A HOLD HARMLESS AGREEMENT, AND A BICYCLE
PARKING MAINTENANCE AGREEMENT FOR THE SUBJECT
PROPERTY LOCATED AT 302 E. ATLANTIC AVENUE (PROJECT
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March 3, 2020City Commission Minutes - Final
APPROVED AS “PIERRE DELRAY I”).
Recommendation:Review and consider acceptance of a perpetual pedestrian clear zone
easement, a corner clip dedication, a hold harmless agreement, and a
bicycle parking maintenance agreement for the Pierre Delray 1 building
located at 302 E. Atlantic Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Agreements - Location Map - Pierre Delray I
Agreements - Corner Clip Dedication - Pierre Delray I
Agreements - Hold Harmless - Pierre Delray I
Agreements - Pedestrian Clear Zone Easement - Pierre Delray I
Agreements - Bike Parking Maintenance - Pierre Delray I
Agreements - Legal Review Form - Pierre Delray I
Attachments:
approved
6.E.20-099 ACCEPTANCE OF A PEDESTRIAN CLEAR ZONE EASEMENT AND
ASSOCIATED FINAL (MAJOR) SUBDIVISION REPLAT OF LOTS 27
AND 28, BLOCK 81, SUBDIVISION OF BLOCK 81, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 32
(P.R.P.B.CO.), ALSO KNOWN AS TOWNHOMES AT 214 4TH.
Recommendation:Review and consider the Easement Agreement for the Pedestrian Clear
Zone, as presented, with consideration of the Final (Major) Plat for
Townhomes at 214 4th, located at the southwest corner of the intersection
of NE 3rd Avenue and NE 4th Street, 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
Agenda Cover Report
Townhomes at 214 4th Location Map
Townhomes at 214 4th Plat
Townhomes at 214 4th Site Plan
Townhomes at 214 4th executed PCZ Agreement
Townhomes at 214 4th PZ Plat Staff Report 5-20-19
Legal Review Pedestrian Clear Zone Easement for 214 4th
Townhomes.docx
Attachments:
approved
6.F.20-171 APPROVAL TO SUBMIT FOR SEVERAL DIFFERENT GRANTS UNDER
THE FY 2019 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) IN THE
ESTIMATED TOTAL AMOUNT OF $ 1,585,300 FOR THE FIRE-RESCUE
DEPARTMENT.
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March 3, 2020City Commission Minutes - Final
Recommendation:Staff recommends the approval to submit for several different grants under
the FY 2019 Assistance to Firefighters Grant (AFG).
Sponsors:Fire Rescue Department
Agenda Cover Report
AFG Grant Submittal Descriptions
AFG Grant-Fire Training Trailer
AFG Grant - Air Light Trailer
Attachments:
approved
6.G.20-114 APPROVAL OF AMENDMENT NO. 1 WITH RELATION INSURANCE
SERVICES OF FLORIDA, INC RENEWING THE CITY’S AGREEMENT
FOR PROPERTY AND CASUALTY BROKER SERVICES (RFP
2016-129) - $40,000
Recommendation:Motion to Approve Amendment No. 1 with Relation Insurance Services of
Florida to renew the Agreement under the same terms and conditions in
the amount of $40,000 and authorize the City Manager to approve renewal
options, in the same amounts, contingent on appropriations of funds.
Sponsors:Human Resources Department
Agenda Cover Report
Legal Review Checklist Amendment-Renewal No. 1 Relations
Insurance Services of Florida formerly Employer Mutual
RFP 2016-129 Amendment No. 1
Attachments:
approved
6.H.20-111 APPROVAL OF RESOLUTION NO. 52-20 APPROVING THE LOCAL
AGENCY PROGRAM AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION REGARDING RECEIPT OF
GRANT FUNDS FOR THE LOWSON BOULEVARD PROJECT FROM
DOVER ROAD TO US-1/SE 5TH AVENUE; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT AND DIRECTING AND AUTHORIZING
THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO
EFFECTUATE SAME; PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
Recommendation:Motion to approve Resolution No. 52-20 to approve the Local Agency
Program agreement with the Florida Department of Transportation
regarding receipt of grant funds for the Lowson Boulevard Project from
Dover Road to US-1/SE 5th Avenue in the amount of $4,463,000.
Sponsors:Public Works Department
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March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Legal Review Checklist
Resolution No. 52-20 FDOT LAP Agreement - Lowson Blvd.
Project Location Map - Lowson Boulevard Project
436896-1-58-01_Unexecuted LAP Agreement
Attachments:
approved
6.I.20-137 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH TAVERNA OPA ATLANTIC,
LLC PROVIDING VALET PARKING SERVICES TO EXTEND FOR SIX
MONTHS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN
THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY
BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with Taverna Opa Atlantic, LLC providing valet parking
services to extend the license from April 1, 2020 until September 30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
Taverna Opa
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.J.20-138 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH LSMS, INC. d/b/a TRAMONTI
RESTAURANT PROVIDING VALET PARKING SERVICES TO EXTEND
FOR SIX MONTHS THE LICENSE TO PROVIDE VALET PARKING
SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF
DELRAY BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with LSMS, Inc. d/b/a/ Tramonti Restaurant providing
valet parking services to extend the license from April 1, 2020 until
September 30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
Tramonti Agreement
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.K.20-139 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH THE GROVE HOSPITALITY
GROUP, LLC, PROVIDING VALET PARKING SERVICES TO EXTEND
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March 3, 2020City Commission Minutes - Final
FOR SIX MONTHS THE LICENSE TO PROVIDE VALET PARKING
SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF
DELRAY BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with The Grove Hospitality Group, LLC, providing valet
parking services to extend the license from April 1, 2020 until September
30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
The Grove
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.L.20-140 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH DELRAY TACO, LLC, d/b/a
ROCCO'S TACOS PROVIDING VALET PARKING SERVICES TO
EXTEND FOR SIX MONTHS THE LICENSE TO PROVIDE VALET
PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE
CITY OF DELRAY BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with Delray Taco, LLC, d/b/a Rocco's Tacos providing
valet parking services to extend the license from April 1, 2020 until
September 30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
Delray Taco
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.M.20-141 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH OSTERIA NUMERO UNO, LTD
d/b/a ELISABETTA'S PROVIDING VALET PARKING SERVICES TO
EXTEND FOR SIX MONTHS THE LICENSE TO PROVIDE VALET
PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE
CITY OF DELRAY BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with Osteria Numero Uno, LTD d/b/a Elisabetta's
providing valet parking services to extend the license from April 1, 2020
until September 30, 2020.
Sponsors:Public Works Department
Page 7City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Elisabetta's
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.N.20-142 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH CUT 432, LLC, d/b/a CUT 432
PROVIDING VALET PARKING SERVICES TO EXTEND FOR SIX
MONTHS THE LICENSE TO PROVIDE VALET PARKING SERVICES IN
THE CENTRAL BUSINESS DISTRICT OF THE CITY OF DELRAY
BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with Cut 432, LLC, d/b/a Cut 432 providing valet
parking services to extend the license from April 1, 2020 until September
30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
Cut 432
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.O.20-143 APPROVING AMENDMENT #1 TO THE OCTOBER 1, 2019 VALET
PARKING LICENSE AGREEMENT WITH CAFFE LUNA ROSA, INC.
d/b/a CAFFE LUNA ROSA PROVIDING VALET PARKING SERVICES
TO EXTEND FOR SIX MONTHS THE LICENSE TO PROVIDE VALET
PARKING SERVICES IN THE CENTRAL BUSINESS DISTRICT OF THE
CITY OF DELRAY BEACH (CITY)
Recommendation:Motion to approve Amendment #1 to the October 1, 2019 Valet Parking
License Agreement with Caffe Luna Rosa, Inc. d/b/a Caffe Luna Rosa
providing valet parking services to extend the license from April 1, 2020
until September 30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
Caffe Luna Rosa
Legal Review Checklist form v. 6 Valet Parking Agreement-Amend No
1
Attachments:
approved
6.P.20-179 APPROVING A VALET PARKING LICENSE AGREEMENT WITH
ROSEBUD 307, LLC, d/b/a/ LIONFISH PROVIDING VALET PARKING
SERVICES TO EXTEND FOR SIX MONTHS THE LICENSE TO
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March 3, 2020City Commission Minutes - Final
PROVIDE VALET PARKING SERVICES IN THE CENTRAL BUSINESS
DISTRICT OF THE CITY OF DELRAY BEACH (CITY)
Recommendation:Motion to approve a Valet Parking License Agreement with Rosebud 307,
LLC, d/b/a Lionfish providing valet parking services to extend the license
from April 1, 2020 until September 30, 2020.
Sponsors:Public Works Department
Agenda Cover Report
LionfishValet License Agrement final Signed
NE 3rd Avenue Proposed Valet Ramping Area
Lionfish final valet path map
Lionfish Valet Que Location Map final
Legal Review Checklist form v. 6 Valet Parking Agreement-Lionfish
Attachments:
approved
6.Q.20-182 INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR
FUNDING THE NE 3RD AVENUE/STREET STREETSCAPE PROJECT-
FY 2019-2020
Recommendation:Approve the Interlocal Agreement (ILA) between the City of Delray Beach
(City) and the Delray Beach Community Redevelopment Agency (CRA) for
funding of the NE 3rd Avenue/Street Streetscape Project within the CRA
District for Fiscal Year 2019-2020.
Sponsors:Public Works Department
Agenda Cover Report
Exhibit A - Revised ILA NE 3rd Avenue Street Project CA rev
Legal Review Checklist form v. 5 ILA for Construction-Professional
Services 2-18-20
Attachments:
approved
6.R.20-127 APPROVE A GRANT AGREEMENT WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR PROVIDING
SUPPLEMENTARY FUNDING FOR THE CONSTRUCTION OF
RECLAIMED WATER MAINS WITHIN THE SW NEIGHBORHOOD
IMPROVEMENTS PROJECT, ALONG SW 4TH ST, INCLUDING SW 6TH
ST, SW 7TH AVE, AND SW 3RD COURT AND NE 2ND STREET FROM
NE 4TH AVE TO NW 2ND AVE, IN THE AMOUNT NOT TO EXCEED
$450,000, AS PART OF THEIR COOPERATIVE FUNDING PROGRAM
FOR ALTERNATIVE WATER SUPPLY.
Recommendation:Staff is requesting City Commission to approve and execute grant
agreement No. 4600004144 with the South Florida Water Management
District (SFWMD) for providing supplementary funding for construction of
reclaimed water mains within the SW neighborhood improvements project,
along SW 4th Street, including SW 6th Street, SW 7th Avenue and SW 3rd
Page 9City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Court (considered Reclaimed Area 14), as well as NE 2nd Street from NE
4th Avenue to NW 2nd Avenue (considered Phase 1 of Reclaimed Area
10), by means of cost reimbursement in the amount not to exceed
$450,000, as part of their Cooperative Funding Program for Alternative
Water Supply (AWS).
Sponsors:Utilities Department
Agenda Cover Report
SFWMD Agreemrnt 4600004144 v2-AWS_ReclaimedPipeLines
DelrayBch_RWMainSW4thSt_AwardLtr_r1
Legal Review Checklist SFWMD re Construction of Relcaimed Water
Main
Attachments:
approved
6.S.20-128 APPROVE A GRANT AGREEMENT WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR PROVIDING
SUPPLEMENTARY FUNDING FOR THE PURCHASE AND
INSTALLATION OF AUTOMATIC LINE FLUSHERS, IN THE AMOUNT
NOT TO EXCCED $40,000, AS PART OF THEIR COOPERATIVE
FUNDING PROGRAM FOR WATER CONSERVATION.
Recommendation:Staff is requesting City Commission to approve and execute grant
agreement No. 4600004187 with the South Florida Water Management
District (SFWMD) for providing supplementary funding for the purchase
and installation of automatic water line flushers by means of cost
reimbursement in the amount not to exceed $40,000, as part of their
Cooperative Funding Program for Water Conservation.
Sponsors:Utilities Department
Agenda Cover Report
SFWMD Agreement 4600004187 - Water Conservation - Automatic
Line Flushing Devices
Legal Review Checklist SFWMD re Automatic Flushers
Attachments:
approved
6.T. PROCLAMATIONS:
6.T.1.20-147 PROCLAMATION DESIGNATING THE MONTH OF MARCH AS FLORIDA
BIKE MONTH IN DELRAY BEACH
Sponsors:Development Services Department
Agenda Cover Report
Bike Month Proclamation
Attachments:
approved
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March 3, 2020City Commission Minutes - Final
6.T.2.20-165 ALL PEOPLE'S DAY PROCLAMATION - MARCH 22, 2020
Recommendation:Motion to declare All People's Day on March 22, 2020.
Sponsors:City Clerk Department
Agenda Cover Report
All People's Day Proclamation
Attachments:
approved
6.U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.U.1.20-145 REPORT OF APPEALABLE LAND USE ITEMS FROM JANUARY 20,
THROUGH FEBRUARY 14, 2020.
Recommendation:By motion, receive and file this report.
Sponsors:Development Services Department
Agenda Cover Report
Appealable Items Map - 3.3.2020
A - Tropic Bay Condo.; 2801 Florida Blvd.
B - 52 N. Swinton Ave.
C - 131 SE 7th Ave.
D - Proper Ice Cream; 75 SE 4th Ave.
E - Seed Word Space; 925 Linton Blvd.
F - Tzikas Medical Center; 518/526 SE 5th Ave.
Attachments:
approved
6.V. AWARD OF BIDS AND CONTRACTS:
6.V.1.20-131 APPROVAL OF RESOLUTION NO. 40-20 TO APPROVE AN
AGREEMENT WITH BAXTER AND WOODMAN, INC. FOR
CONSTRUCTION, ENGINEERING AND INSPECTION SERVICES FOR
OSCEOLA PARK NEIGHBORHOOD IMPROVEMENTS PURSUANT TO
RFQ NO. 2019-051 (PROJECT NO. 16-095) - $495,953
Recommendation:Motion to Approve Resolution No. 40-20 to award an Agreement with
Baxter and Woodman, Inc. for Construction, Engineering and Inspection
Services for the Osceola Park Neighborhood Improvements project
pursuant to RFQ No. 2019-051 (Project No. 16-095) - $495,953.
Sponsors:Public Works Department and Purchasing Department
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March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Executed Agreement - CEI Osceola Park
Exhibit A - Project Description
Exhibit B - Fee Estimate
Resolution No. 40-20 CEI Osceola Park BW
Legal Review Checklist CEI Services
Proposal Submitted - Baxter and Woodman
2019-051 Scoring Summary after Technical Evals final ranking
Attachments:
approved
6.V.2.20-134 APPROVAL OF RESOLUTION NO. 41-20 TO APPROVE AN
AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. FOR OSCEOLA
PARK NEIGHBORHOOD IMPROVEMENTS PURSUANT TO ITBC NO.
2020-004 (PROJECT NO. 16-095) - $4,056,327
Recommendation:Motion to Approve Resolution No. 41-20 to award an Agreement with
Ric-Man Construction, Inc. for Osceola Park Neighborhood Improvements
project pursuant to ITBC No. 2020-004 (Project No. 16-095) - $4,056,327.
Sponsors:Public Works Department and Purchasing Department
Agenda Cover Report
Agreement Executed and Price Submittal - Osceola Park
Construction - Ric-Man
Res 41-20 Ric-Man Constr Inc (1)
Legal Review Checklist Ric-Man Construction Agreement Osceola
Park
Ric-Man Construction Submittal Pkg
BidSync_ Bid Tabulation Report
Attachments:
approved
6.V.3.20-133 APPROVAL OF RESOLUTION NO. 44-20 TO APPROVE AN
AGREEMENT WITH INTERCOUNTY ENGINEERING, INC. FOR WATER
MAIN SUBAQUEOUS CROSSINGS PURSUANT TO ITBC NO. 2020-005
(PROJECT NO. 17-156) - $1,799,866
Recommendation:Motion to Approve Resolution No. 44-20 to award an Agreement with
Intercounty Engineering, Inc. for Water Main Subaqueous Crossings
pursuant to ITBC No. 2020-005 (Project No. 17-156) - $1,799,866.
Sponsors:Public Works Department and Purchasing Department
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March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Executed Agrmt - Water Main Subacqueous Construction -
Intercounty
Exhibit A - Complete Submittal - Intercounty ITBC 2020-005
Exhibit B - Price Schedule
Res 44-20 Intercounty Engineering
Legal Review Checklist Intercounty Engineering
Complete Submittal - Intercounty ITBC 2020-005
Tabulation Sheet
Attachments:
approved
6.V.4.20-136 APPROVAL OF RESOLUTION NO. 58-20 TO APPROVE THE
PURCHASE OF A NEW VAC-CON SEWER TRUCK FROM LOU
BACHRODT FREIGHTLINER UTILIZING THE FLORIDA SHERIFF'S
CONTRACT NO. FSA18 VEH-16.0 - $484,327.00
Recommendation:Motion to approve Resolution No. 58-20 for the purchase of a new
Vac-Con Sewer Truck from Lou Bachrodt Freightliner in an amount not to
exceed $484,327.00 utilizing the Florida Sheriff's Contract No. FSA18
VEH-16.0.
Sponsors:Purchasing Department
Agenda Cover Report
FSA18 VEH-16.0 Terms and Conditions
VacCon Quote-Lou Bachrodt Freightliner 1-13-20
Resolution No. 58-20
Attachments:
approved
7. REGULAR AGENDA:
7.A.20-112 RESOLUTION NO. 21-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A
REQUEST TO ESTABLISH A CONDITIONAL USE PURSUANT TO LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,
AND THE COMPREHENSIVE PLAN, TO AUTHORIZE A CONVENIENCE
MART (GASOLINE STATION WITH FOOD SALES), KNOWN AS
“7-ELEVEN AT VIA DELRAY” AT 13555 SOUTH MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
Recommendation:Review and consider Resolution No. 21-20, a request for Conditional Use
approval for a gasoline station for a 7-Eleven located at 13555 South
Military Trail.
Sponsors:Development Services Department
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March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Resolution 21-20 - 7-Eleven Conditional Use (Gasoline Station
w/Convenience Mart)
PZB Staff Report - 7-Eleven Conditional Use
Location Map - 7-Eleven at Via Delray
Legal Review - Res 21-20 - 7-Eleven at Via Delray
Attachments:
Mayor Petrolia read the City of Delray Beach Quasi-Judicial rules into
the record. The Clerk swore in those individuals who wished to give
testimony on items 7.A - 7.F
Mayor Petrolia asked the Commission to disclose their ex-parte
communications for Resolution No. 21-20 and Resolution No. 22-20. There
were none.
Anthea Gianniotes, Development Services Director, read item 7.A.,
Resolution No. 22-20 and item 7.B., Resolution No. 32-20 into the record.
Ms. Gianniotes also read file numbers 2020-005 and 2020-061 into the
record.
Josh Long, Certified Land Use Planner with Gunster Law Firm, 777 S.
Flagler Drive, West Palm Beach, gave a brief presentation about the
redevelopment project.
Anthea Gianniotes, Development Services Director gave a staff report
presentation on the project.
Mayor Petrolia asked the public who were previously sworn in that wished
to discuss this matter to come forward.
Public Comment:
Pauline Moody, Delray Beach, expressed concern that having a
twenty-four-hour convenience store may attract criminal behavior.
Alice Finst, 707 Place Tavant, Delray Beach, stated that even though the
surrounding trees may not be native, they are priceless and shouldn’t be cut
down.
There being no one else who wished to discuss this project, Mayor Petrolia
closed the public comment.
There was no cross examination or rebuttal.
approved
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March 3, 2020City Commission Minutes - Final
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
7.B.20-113 RESOLUTION NO. 22-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A
REQUEST FOR A CONDITIONAL USE PURSUANT TO LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,
AND THE COMPREHENSIVE PLAN, TO AUTHORIZE 24-HOUR
OPERATIONS AT A CONVENIENCE MART (GASOLINE STATION WITH
FOOD SALES), KNOWN AS 7-ELEVEN AT VIA DELRAY, RELATED TO
THE DEVELOPMENT OF A CONVENIENCE MART (GASOLINE
STATION WITH FOOD SALES) AT 13555 SOUTH MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
Recommendation:Review and consider Resolution No. 22-20, a request for Conditional Use
approval for a 24-hour or late night business for a proposed 7-Eleven
located at 13555 South Military Trail.
Sponsors:Development Services Department
Agenda Cover Report
Resolution 22-20 7-Eleven Conditional Use (24-hour)
Location Map - 7-Eleven at Via Delray
PZB Staff Report - 7-Eleven Conditional Uuse (Gas Station & 24-Hour)
Legal Review Resolution 22-20 - 7-Eleven at Via Delray
Attachments:
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
7.C.20-040 RESOLUTION NO. 32-20: A RESOLUTION OF THE CITY COMMISSION
OF THE OF THE CITY OF DELRAY BEACH APPROVING A
TEMPORARY USE PERMIT REQUEST FOR A TEMPORARY PARKING
LOT WITH WAIVERS TO LDR SECTIONS 2.4.6(F)(3)(e)1, 3, 4, 7, AND 8
AT 541-571 W. LINTON BLVD (PCN 12-43-46-20-80-001-0000);
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES
(QUASI-JUDICIAL).
Recommendation:Review and consider Resolution No. 32-20, approving a temporary use
permit for a temporary parking lot with waviers to Sections 2.4.6(F)(3)(e) 1,
3, 4, 7, and 8 of the Land Development Regulations for 541-571 W Linton
Blvd.
Sponsors:Development Services Department
Page 15City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Res 32-20 541-571 W Linton Blvd
"Exhibit A" survey
Approved_AND_Proposed_TempParking
Justification letter
PropertyDetail
Location Map
Simple Legal Review Approval 32-20
Attachments:
Mayor Petrolia asked the Commission to disclose their ex parte
communications. There were none.
Anthea Gianniotes, Development Services Director, entered file number
2020-072 into the record. This is a request for a temporary use permit for a
temporary parking lot.
Michael Weiner, 6111 Broken Sound Parkway, Boca Raton, on behalf of
Delray Village Shops Inc., gave a brief presentation on the temporary
parking lot request.
Anthea Gianniotes, Development Services Director, gave a staff report
presentation for Resolution No. 32-20.
Mayor Petrolia asked the public who were previously sworn that wished to
discuss this matter to come forward.
Public Comment:
Ingrid Kramer, 760 SE 5th Avenue, Delray Beach, referenced LDR 2.4.7(b)
(5) and expressed her concern for the neighboring area and the use of car
alarms. She requested that the Commission put a limitation on noise
pollution for this site.
There being no one else who wished to discuss this project, Mayor Petrolia
closed the public comment.
Mike Greico, 2001 S. Federal Highway, Delray Beach, offered a rebuttal to
Ms.Kramer’s comments about the car alarms. He stated that there would
be no car alarms sounding that would disturb the neighboring area.
City Attorney Gelin informed the Commission there was a typographical
error on the agenda for Resolution No. 32-20; she stated the corrected
expiration for the temporary use permit is March 2, 2021.
Attorney Gelin stated that if there was a consensus, she would include a
loading and unloading clause, as well as a car alarm clause in the
Page 16City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
amended resolution.
approved as amended
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
7.D.20-046 RESOLUTION NO. 33-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH APPROVING A TEMPORARY USE
PERMIT REQUEST FOR A TEMPORARY PARKING LOT WITH
WAIVERS TO LDR SECTIONS 2.4.6(F)(3)(e)1, 3, 4, 5, 7 AND 8 AT 2419,
2507, 2515, 2519, 2601, 2605 N. FEDERAL HWY (PCN
12-43-46-04-08-000-0310, 12-43-46-04-08-000-0320,
12-43-46-08-000-0330, 12-43-46-08-000-0340,
12-43-46-04-08-000-0352, 12-43-46-04-08-000-0351); PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
Recommendation:Review and consider Resolution No. 33-20, approving a temporary use
permit requires for a temporary parking lot with waivers at 2419,
2507,02515, 2519, 2601, and 2605 N. Federal Hwy.
Sponsors:Development Services Department
Agenda Cover Report
Res. No. 33-20
Survey "Exhibit A"
Approved_AND_Proposed_TempParking
Justification letter
Location Map
Adoodleoo Warrenty Deed
Simple Legal Review Approval 33-20
Attachments:
This item was removed from the agenda per the applicant.
withdrawn
7.E.20-062 RESOLUTION NO. 35-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH GRANTING A WAIVER REQUEST
FOR THE SETBACK REQUIREMENTS OF A MONUMENT SIGN TO
LAND DEVELOPMENT REGULATIONS SECTION 4.6.7(E)(3)(a)
PURSUANT TO LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, AND THE COMPREHENSIVE PLAN, FOR THE
MONUMENT SIGN AT 1660 S. CONGRESS AVENUE (PCN
12-43-46-19-36-001-0000); PROVIDING AN EFFECTIVE DATE AND
FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Recommendation:Review and consider Resolution No. 35-20, granting a waiver to the
setback requirements in Section 4.6.7(E)(3)(a) of the Land Development
Regulations for the monument sign at 1660 S. Congress Avenue.
Sponsors:Development Services Department
Page 17City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Res No. 35-20 1660 S. Congress Ave Sign Waiver
Res No. 35-20 Justification Statement
1660 S Congrss Ave Survey
1660 S Congress Site Plan
Simple Legal Review Res 35-20
Attachments:
Mayor Petrolia asked the Commission to disclose their ex-parte
communications with items 7.E. & 7.F. There were none.
Anthea Gianniotes, Development Services Director, stated that items 7.E.
& 7.F. are inter-related as they both effect 1660 S. Congress Avenue. Ms.
Gianniotes read file number 2020-74 into the record.
Mark Rickards, Kimley-Horn 1615 S. Congress Avenue, Delray Beach,
representing the owner/ applicant, stated that he is present to give a brief
presentation and answer any questions.
Anthea Gianniotes, Development Services Director, gave a presentation
on the two parts of the project, one being a waiver request for a sign
setback and the other a temporary use permit for a temporary parking lot.
Mayor Petrolia asked the public who were previously sworn that wished to
discuss this matter to come forward.
There being no one who wished to speak on this item, Mayor Petrolia
closed the public comment. There was no cross examination or rebuttal.
Vice Mayor Johnson left the dais.
approved
Yes:Mayor Petrolia, Commissioner Frankel, Deputy Vice Mayor Bathurst, and
Vice-Mayor Boylston
4 -
Recused:Deputy Vice Mayor Ervin Johnson1 -
7.F.20-059 RESOLUTION NO. 36-20: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA GRANTING A WAIVER
REQUEST FOR TO LAND DEVELOPMENT REGULATIONS 4.3.4(H)(6)
(B)(4) AND (5) PURSUANT TO LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, AND THE COMPREHENSIVE PLAN,
FOR THE SPECIAL LANDSCAPE SETBACK ALONG LINTON
BOULEVARD AND CONGRESS AVENUE AT 1660 S. CONGRESS
AVENUE (PCN 12-43-46-19-36-001-0000); PROVIDING AN EFFECTIVE
Page 18City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
DATE AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
Recommendation:Review and consider Resolution No. 36-20, granting a waiver to the
Special Landscape Setback at 1660 S. Congress Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Res 36-20 1660 S Congress Ave Landscape Resolution Final
2019 12 23 Justification Statement
Survey
Site Plan
Landscaape Plan
Simple Legal Review Res 36-20
Attachments:
Vice Mayor Johnson left the dais.
approved
Yes:Mayor Petrolia, Commissioner Frankel, Deputy Vice Mayor Bathurst, and
Vice-Mayor Boylston
4 -
Recused:Deputy Vice Mayor Ervin Johnson1 -
7.G.20-094 RECOMMENDATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD
Recommendation:Motion to recommend for appointment one (1) regular member to serve on
the Delray Beach Housing Authority Board for an unexpired term ending
July 14, 2021.
Sponsors:City Clerk Department
Agenda Cover Report
Delray Beach Housing Authority
Exhibit A
1. Abramson
2. Harold
3. McGinnis
4. Rainey
5. Townsend
Attachments:
Vice Mayor Johnson left the dais.
approved
Yes:Mayor Petrolia, Commissioner Frankel, Deputy Vice Mayor Bathurst, and
Vice-Mayor Boylston
4 -
Recused:Deputy Vice Mayor Ervin Johnson1 -
7.H.20-122 NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT
Page 19City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Recommendation:Motion to approve nomination for appointment of one (1) alternate member
to serve an unexpired term ending August 31, 2021.
Sponsors:City Clerk Department
Agenda Cover Report
Board of Adjustment
Exhibit A
1. Cullinan
2. Evans
Attachments:
Commissioner Boylston deferred his appointment for the Board of
Adjustment to the next meeting.
7.I.20-174 CITY ATTORNEY'S MERIT INCREASE
Recommendation:Motion to consider the City Attorney's salary review.
Sponsors:Human Resources Department
Agenda Cover ReportAttachments:
Commissioner Frankel requested that this item be heard first on the
Regular Agenda. It became Item 7.A.A.
Duane D’ Andrea, Human Resource Director, addressed the Commission
about the City Attorney’s merit increase. He stated that City Attorney Gelin
would be receiving a 4.8 % merit increase based upon her performance
evaluations conducted by the Mayor and City Commissioners for this past
year.
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
8. PUBLIC HEARINGS:
8.A.20-157 ORDINANCE NO. 18-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE V,
“ELECTIONS,” SECTION 5.02, “TYPES OF ELECTIONS,” OF THE CITY
OF DELRAY BEACH CHARTER PURSUANT TO SECTION 100.3605,
FLORIDA STATUTES, TO AMEND THE DATE ON WHICH ELECTIONS
FOR MUNICIPAL NONPARTISAN ELECTIONS MAY BE HELD FOR THE
CITY OF DELRAY BEACH; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF ARTICLE V SHALL REMAIN
IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
Page 20City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
OTHER PURPOSES. (SECOND READING)
Recommendation:Motion to approve Ordinance No. 18-20.
Sponsors:City Clerk Department
Agenda Cover Report
Ord 18-20 Elections
Attachments:
City Attorney Gelin read Ordinance No. 18-20 into the record.
Mayor Petrolia opened up public comment and asked if anyone from the
public wished to speak on Ordinance No. 18-20 to come forward.
Public Comment:
None.
approved
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
9. FIRST READINGS:
9.A.20-106 ORDINANCE NO. 07-20: 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 FOUR, “ZONING
REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION
4.4.13, “CENTRAL BUSINESS DISTRICT (CBD)”, BY AMENDING
SUBSECTION 4.4.13(B)(4), “REGULATING PLANS”, “LIMITED HEIGHT
AREAS”; AND, AMENDING FIGURE 4.4.13-A-2, “WEST ATLANTIC
NEIGHBORHOOD SUB-DISTRICT REGULATING PLAN”, TO LIMIT THE
HEIGHT OF PROPERTIES REZONED TO CENTRAL BUSINESS
DISTRICT (CBD) FROM SINGLE-FAMILY RESIDENTIAL (R-1-A) WITHIN
THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO
CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Recommendation:Review and consider Ordinance No. 07-20 on First Reading, amendments
to the Land Development Regulations Section 4.4.13, Central Business
District (CBD), to establish a Limited Height Area and require lower height
for properties that are rezoned to Central Business District (CBD) from
Single-family Residential (R-1-A) within the West Atlantic Neighborhood
Sub-district.
Sponsors:Development Services Department
Page 21City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Agenda Cover Report
Ord No 07-20 WAN Limited Height Area
Ord No 07-20 PZB Staff Report
Legal Review Ord 07-20.docx
Attachments:
City Attorney Gelin read Ordinance No. 07-20 into the record.
Anthea Gianniotes, Development Services Director, gave a presentation
regarding the Central Business District. It was City initiated and is a text
amendment.
approved on first reading
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
9.B.20-104 ORDINANCE NO. 08-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL
SCALE FUTURE LAND USE MAP AMENDMENT RE-DESIGNATING
LAND APPROXIMATELY 0.752± ACRES IN SIZE FROM LOW DENSITY
(LD) TO COMMERCIAL CORE (CC), PURSUANT TO SECTION
163.3187, FLORIDA STATUTES, FOR THE PROPERTIES LOCATED AT
26 NORTHWEST 6TH AVENUE, 32 NORTHWEST 6TH AVENUE, 34
NORTHWEST 6TH AVENUE, 27 NORTHWEST 7TH AVENUE, AND 31
NORTHWEST 7TH AVENUE, 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. 08-20 on First Reading, a Future
Land Use Map amendment to redesignate approximately 0.752 acres of
land from Low Density to Commercial Core, for the properties located at
26 NW 6th Avenue, 32 NW 6th Avenue, 34 NW 6th Avenue, 27 NW 7th
Avenue, and 31 NW 7th Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Ordinance 08-20 600 Block W Atlantic Ave FLUM
Ord No. 08-20 PZB Staff Report
Ord No. 08-20 Location Map
Ord No. 08-20 FLUM Maps (Existing & Proposed)
Ord No. 08-20 Applicant Justification Statement
Legal Review Ord 08-20 FLUM Amendment
Attachments:
Attorney Gelin read items 9.B.(Ordinance No. 08-20) and 9.C.(Ordinance
No.09-20) into the record.
Page 22City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Anthea Gianniotes read files 2019-264 and file 2019-265 into the record.
Tara Toto, Redevelopment Manager with the Delray Beach Community
Redevelopment Agency was present and gave a presentation on the Land
Use and Zoning Amendment outlined in these ordinances.
approved on first reading
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
9.C.20-105 ORDINANCE NO. 09-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY
REZONING AND RE-DESIGNATING LAND APPROXIMATELY 0.752±
ACRES IN SIZE PRESENTLY ZONED SINGLE-FAMILY RESIDENTIAL
(R-1-A) TO CENTRAL BUSINESS DISTRICT (CBD), WITHIN THE WEST
ATLANTIC NEIGHBORHOOD SUB-DISTRICT; FOR THE PROPERTIES
LOCATED AT 26 NORTHWEST 6TH AVENUE, 32 NORTHWEST 6TH
AVENUE, 34 NORTHWEST 6TH AVENUE, 27 NORTHWEST 7TH
AVENUE, AND 31 NORTHWEST 7TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "CITY OF DELRAY
BEACH, ZONING MAP, JUNE 29, 2017" AND FURTHER AMENDING
FIGURE 4.4.13-6, “WEST ATLANTIC NEIGHBORHOOD 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. (FIRST
READING)
Recommendation:Review and consider Ordinance No. 09-20 on First Reading, to change the
zoning designation of approximately 0.752 acres of land from Single-family
Residential (R-1-A) to Central Business District (CBD), for the properties
located at 26 NW 6th Avenue, 32 NW 6th Avenue, 34 NW 6th Avenue, 27
NW 7th Avenue, and 31 NW 7th Avenue.
Sponsors:Development Services Department
Agenda Cover Report
Ordinance 09-20 NW 600 Block Redevelopment Rezoning
Ord No. 09-20 Location Map
Ord No. 09-20 PZB Staff Report
Ord No. 09-20 Justification Statements
Ord No. 09-20 Zoning Maps (Existing & Proposed)
Legal Review Ord 09-20 Zoning Classification Amendment
Attachments:
approved on first reading
Page 23City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
9.D.20-123 ORDINANCE NO. 16-20: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE
OF ORDINANCES, BY AMENDING CHAPTER 57. RIGHT-OF-WAY
APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES BY
AMENDING SUB-SECTION Q OF SECTION 57.05; UPDATING SECTION
57.02 DEFINITIONS; AMENDING SECTION 57.12 CONSTRUCTION
BOND; REPEALING SECTION 57.13 SECURITY FUND; AND
AMENDING THE CODE OF ORDINANCES BY ADOPTING AN
ENTIRELY NEW CHAPTER 58. TO BE ENTITLED “RIGHT-OF-WAY
APPLICATION PROCESS FOR SMALL WIRELESS FACILITIES” TO
IMPLEMENT REGULATIONS SET FORTH IN THE “ADVANCED
WIRELESS INFRASTRUCTURE DEPLOYMENT ACT”, CODIFIED AT
SECTION 337.401(7), FLORIDA STATUTES; PROVIDING FOR A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (FIRST READING)
Recommendation:Review and consider Ordinance No. 16-20 on First Reading.
Sponsors:Development Services Department
Agenda Cover Report
Delray Beach Ord 16-20 Final Regarding Wireless Facilities in RoW
Legal Review Ord 16-20 Small Cell Towers
Attachments:
City Attorney Gelin read Ordinance 16-20 into the record.
Assistant City Attorney William Bennett gave a brief summary on some
amendments that happened within state statutes in 2017 pertaining to the
broad discretion that local municipalities had to regulate the small wireless
towers. This ordinance will further regulate this process with the
amendments.
approved on first reading
Yes:Mayor Petrolia, Deputy Vice Mayor Ervin Johnson, Commissioner Frankel, Deputy
Vice Mayor Bathurst, and Vice-Mayor Boylston
5 -
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
None.
B. City Attorney
Mural ordinance is complete and will be presented to the Commission
Page 24City of Delray Beach Printed on 6/14/2020
March 3, 2020City Commission Minutes - Final
soon.
C. City Commission
Commissioner Boylston made the following comments:
·Inquired about the Overlay Project District.
·Update from FDOT regarding Swinton 4th-10th project. It will be
done this week.
Vice Mayor Johnson made the following comments:
·Congratulated the City’s management and Police Department
for providing safety for the City’s employees during the Delray
Open.
·Handed out information to the Commission on “General
Obligation Bonds”.
Deputy Vice Mayor Bathurst made the following comments:
·Stated that he was going to bring up the Swinton Project too.
·Tonight’s consent agenda extended the valet parking by six
months.
·Looking at a tree overlay for the Palm Trail area.
·Comp plan was passed.
Attorney Gelin stated there is a meeting scheduled for April 21st, 2020
regarding the Comprehensive Plan and that the Tree Fund Canopy
could be added to that meeting as well.
Mayor Petrolia made the following comments:
·Asked for a consensus in doing something for Ernie Simon,
possibly at the Playhouse.
·Also asked for a consensus in honor of the passing of Jeanne
Dubin (Chris Everett’s sister), to name the upstairs clubhouse of
the Tennis Center after her, alongside her husband’s name.
·Inquired on early voting.
·Discussed Angie Gray’s comments about naming Pompey Park
after Coco Gauff.
·Stated that there was a misconception that she didn’t support on
the Dune Management Program.
·Catching up on the Commission minutes.
With no further business to discuss, Mayor Petrolia adjourned the
meeting at 6:28 p.m.
Page 25City of Delray Beach Printed on 6/14/2020
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the March 3, 2020 Regular City
Commission Meeting held on March 3, 2020, which Minutes were formally
approved and adopted by the City Commission on May 5, 2020.
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above.