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City Commission

April 8, 2025 ·5:00 PM Final ·Regular Meeting at 5:00 PM

Delray Beach City Hall or Watch on YouTube: or https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/streams

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 57 items

  1. 1. ROLL CALL
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG
  3. 3. AGENDA APPROVAL approved as amended
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A. "BOOTS ON THE GROUND" - VIDEO CONTEST - LET'S MOVE DANCE COMPETITION 25-456 ▶ jump to 10:08
  7. 4.B. SPECIAL RECOGNITION IN MEMORY OF IRVING ADAMS, JR. 25-422 ▶ jump to 14:29
  8. 4.C. SPECIAL RECOGNITION OF PERRY DONFRANCISCO, DELRAY CITIZENS FOR DELRAY POLICE 25-351
  9. 4.D. PRESENTATION OF RECOMMENDATION BY PUBLIC ART ADVISORY BOARD TO INITIATE A PILOT PROGRAM TO WRAP UTILITY BOXES IN THE DOWNTOWN AREA 25-390 ▶ jump to 26:36
  10. 4.E. PRESENTATION REGARDING OUTREACH PROGRAMS TO ASSIST LOCAL SMALL BUSINESS ENTERPRISES 25-429 ▶ jump to 35:46
  11. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
  12. 5.A. City Manager's response to inquiries and highlights ▶ jump to 62:02
  13. 5.B. From the Public ▶ jump to 62:10
  14. 6. CONSENT AGENDA: City Manager Recommends Approval ▶ jump to 82:53
  15. 6.A. CITY COMMISSION MEETING MINUTES 25-317 approved
  16. 6.B. RESOLUTION NO. 56-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. 25-341 approved
  17. 6.C. RESOLUTION NO. 76-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING LEGISLATION THAT REQUIRES HANDS­FREE PHONE USE WHILE DRIVING; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 25-439 approved ▶ jump to 55:07
  18. 6.D. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF ESTATE OF GARY RUSSELL GERBER 25-357 approved
  19. 6.E. RESOLUTION 62-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SETTLEMENT OF SHOEMAKER VS. THE CITY OF DELRAY BEACH, CASE NUMBER 50-2023-CA-000910-XXXX-MB PENDING IN THE CIRCUIT COURT OF PALM BEACH COUNTY RELATING TO A PORTION OF THE UNIMPROVED DAVIS ROAD RIGHT OF WAY AS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 25-361 approved
  20. 6.F. ACCEPTANCE OF AN EASEMENT AGREEMENT FOR PEDESTRIAN CLEAR ZONE AT 142 AND 152 SE 5TH AVENUE, ALSO KNOWN AS FIFTH AVENUE TOWNHOMES, TOTALING APPROXIMATELY TWO HUNDRED AND FOURTEEN SQUARE FEET (214), AS MORE PARTICULARLY DESCRIBED HEREIN. 25-324 approved
  21. 6.G. ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT FOR THE PROPERTY LOCATED AT 142 AND 152 SE 5TH AVENUE, ALSO KNOWN AS FIFTH AVENUE TOWNHOMES. 25-327 approved
  22. 6.H. RESOLUTION NO. 77-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO OPPOSE PROPOSED STATE LEGISLATION CONTAINED IN SENATE BILL 954 AND HOUSE BILL 1163 REGARDING PREEMPTION OF REGULATIONS FOR RECOVERY RESIDENCES THAT SEEK, IN ALL RESPECTS, TO PREEMPT LOCAL ZONING OF RECOVERY RESIDENCES; PROVIDING FOR DISTRIBUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 25-458 approved
  23. 6.I. APPROVAL FOR ADDITIONAL SPENDING AUTHORITY WITH SYSCO FOOD SERVICES OF SOUTHEAST FLORIDA, LLC. FOR RE-SALE FOOD PRODUCTS AND SUPPLIES AT THE DELRAY BEACH MUNICIPAL GOLF CLUB IN AN AMOUNT NOT TO EXCEED $75,000 25-369 approved
  24. 6.J. APPROVAL FOR ADDITIONAL SPENDING AUTHORITY WITH CHENEY BROTHERS, INC. FOR RE-SALE FOOD PRODUCTS AT THE DELRAY BEACH MUNICIPAL GOLF CLUB IN AN AMOUNT NOT TO EXCEED $70,000 25-368 approved
  25. 6.K. APPROVAL OF AN ADDITIONAL SPENDING REQUEST TO RFQ 2019-007 WITH CDM SMITH INC. FOR ADDITIONAL OWNER’S REPRESENTATIVE SERVICES FOR FOR THE REPLACEMENT OF FIRE STATION NO. 113 PROJECT IN THE AMOUNT OF $101,300 FOR A REVISED TOTAL OF $962,425.00 25-387 approved
  26. 6.L. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 217 KING LYNN. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 318 NE 8TH AVE. ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 326 SW 5TH AVE. ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 317 SW 5TH AVE. ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 802 N. SWINTON AVE. ITEM(S) B1 - GRANTING OF AN UNDERGROUND EASEMENT BY CITY OF DELRAY BEACH. 25-339 approved
  27. 6.M. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB) ACTIONS. 25-308 approved
  28. 6.N. PROCLAMATIONS:
  29. 6.N.1. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION 25-374 approved ▶ jump to 51:35
  30. 6.N.2. NATIONAL COMMUNITY DEVELOPMENT WEEK 25-395 approved
  31. 6.N.3. ADMINISTRATIVE PROFESSIONALS WEEK - APRIL 21, 2025 - APRIL 27, 2025 25-396 approved
  32. 6.N.4. PROCLAMATION TO DESIGNATE THE MONTH OF APRIL AS AUTISM ACCEPTANCE MONTH 25-393 approved
  33. 6.N.5. PROCLAMATION TO DESIGNATE APRIL 2025 AS EARTH MONTH 25-381 approved
  34. 6.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
  35. 6.O.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM MARCH 10, 2025 THROUGH MARCH 28, 2025. 25-353 approved
  36. 6.P. AWARD OF BIDS AND CONTRACTS:
  37. 6.P.1. None
  38. 7. REGULAR AGENDA:
  39. 7.A. RESOLUTION NO. 65-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION APPLICATION FOR A FINAL PLAT FOR A PROPOSED SUBDIVISION KNOWN AS “1201 GEORGE BUSH BLVD” TO REPLAT LOT 6 AND THE SOUTHERLY 54.5 FEET OF LOT 7, BLUE SEAS, RECORDED IN PLAT BOOK 23, PAGE 185, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) 25-373 approved ▶ jump to 90:08
  40. 7.B. CERTIFICATION OF A FINAL PLAT FOR A MAJOR SUBDIVISION PLAT, “FIFTH AVENUE TOWNHOMES”, A REPLAT OF PORTIONS OF LOTS 15 AND 16, BLOCK 102, TOWN OF LINTON, TO ESTABLISH FIVE FEE-SIMPLE LOTS AFFILIATED WITH A PREVIOUSLY APPROVED RESIDENTIAL TOWNHOME DEVELOPMENT AT 142 AND 152 SE 5TH AVENUE. 25-366 approved ▶ jump to 100:50
  41. 7.C. AUTHORIZATION OF AN AMENDMENT TO THE CITY'S SPECIAL EVENT POLICY, SPECIFICALLY THE REMOVAL OF PRIDE FESTIVAL AND CONCERT FROM THE LIST OF CITY EVENTS CONTAINED IN SECTION 4.C. OF SAID POLICY. 25-459 ▶ jump to 105:24
  42. 8. PUBLIC HEARINGS/SECOND READINGS:
  43. 8.A. None
  44. 9. FIRST READINGS:
  45. 9.A. ORDINANCE NO. 05-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT BY AMENDING POLICY NDC 1.4.7 OF THE NEIGHBORHOODS, DISTRICTS, AND CORRIDORS ELEMENT OF THE ALWAYS DELRAY COMPREHENSIVE PLAN TO ALLOW FOR THE COMMERCE LAND USE DESIGNATION ALONG CONGRESS AVENUE SOUTH OF WEST ATLANTIC AVENUE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (FIRST READING) 25-337 approved on first reading ▶ jump to 126:21
  46. 9.B. ORDINANCE NO. 06-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” SUBSECTION (AA), “ADULT ENTERTAINMENT ESTABLISHMENTS,” TO PROHIBIT ADULT ENTERTAINMENT ESTABLISHMENTS SOUTH OF ATLANTIC AVENUE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE.(FIRST READING) 25-336 approved on first reading
  47. 9.C. ORDINANCE NO. 02-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING A PARCEL OF LAND MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CONGRESS AVENUE MIXED USE TO COMMERCE 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. (FIRST READING) 25-356 approved on first reading
  48. 9.D. ORDINANCE NO. 01-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM MIXED RESIDENTIAL, OFFICE, AND COMMERCIAL TO MIXED INDUSTRIAL AND COMMERCIAL; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL/FIRST READING) 25-365 approved on first reading ▶ jump to 131:37
  49. 9.E. ORDINANCE NO. 09-25: 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 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.19, “MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT,” SUBSECTION (H), “SPECIAL REGULATIONS,” MODIFYING THE PROHIBITION OF OVERHEAD DOORS FROM FACING A PUBLIC RIGHT-OF-WAY TO PROHIBIT OVERHEAD DOORS FROM FACING A MINOR ARTERIAL RIGHT-OF-WAY, RESIDENTIAL ZONING DISTRICT, OR RESIDENTIAL USE; AMENDING SECTION 4.4.20, “INDUSTRIAL (I) DISTRICT,” SUBSECTION (H), “SPECIAL REGULATIONS,” MODIFYING THE PROHIBITION OF OVERHEAD DOORS FROM FACING THE PUBLIC RIGHT-OF-WAY OF AN ARTERIAL OR COLLECTOR STREET TO PROHIBIT OVERHEAD DOORS FROM FACING A MINOR ARTERIAL RIGHT-OF-WAY, RESIDENTIAL ZONING DISTRICT, OR RESIDENTIAL USE; AND SECTION 4.4.26, “LIGHT INDUSTRIAL (LI) DISTRICT,” SUBSECTION (H), “SPECIAL REGULATIONS,” MODIFYING THE PROHIBITION OF OVERHEAD DOORS FROM FACING A PUBLIC RIGHT-OF-WAY TO PROHIBIT OVERHEAD DOORS FROM FACING A MINOR ARTERIAL RIGHT-OF-WAY, RESIDENTIAL ZONING DISTRICT, OR RESIDENTIAL USE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 25-335 approved on first reading
  50. 9.F. ORDINANCE NO. 15-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING TITLE 5, "PUBLIC WORKS," CHAPTER 52, "WATER," SECTION 52.34, "WATER RATES," TO INCREASE THE RATES FOR WATER FURNISHED BY THE CITY; AND AMENDING CHAPTER 53, "SANITARY SEWERS," SECTION 53,1.30, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE, TO INCREASE THE SANITARY SEWER RATES FOR SERVICES PROVIDED BY THE CITY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 25-359 approved on first reading ▶ jump to 134:06
  51. 9.G. ORDINANCE NO. 14-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE 5, “PUBLIC WORKS,” CHAPTER 56, “STORMWATER,” “SECTION 56.02, “SCOPE AND PURPOSE,” TO CLARIFY THE REFERENCE TO THE SYSTEM; AMENDING SECTION 56.04, “DEFINITIONS,” AMENDING THE DEFINITIONS FOR COMMON ELEMENT, NONASSESSED PROPERTY, STORMWATER MANAGEMENT ASSESSMENT, AND UNIMPROVED LAND, AND ADOPTING DEFINITIONS FOR CONDOMINIUM PROPERTY, CONDOMINIUM UNIT, AND COOPERATIVE, TO EXPAND DEFINITIONS AND CLARIFY ASSESSMENT METHOD, TO ESTABLISH A STANDARIZED RATE FOR UNIMPROVED LAND, TO ALIGN WITH THE FLORIDA STATUTES FOR NON-AD VALOREM ASSESSMENTS FOR COMMON ELEMENTS; AMENDING SECTION 56.15, “IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT, CLASSIFICATION AND CRITERIA,” TO ADD CONDOMINIUM PROPERTY AS AN ADDITIONAL CLASSIFICATION; AND AMENDING SECTION 56.16, “ESTABLISHMENT OF RATE FOR STORMWATER MANAGEMENT ASSESSMENTS” TO CLARIFY HOW COMMON ELEMENTS ARE ASSESSED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 25-388 approved on first reading ▶ jump to 134:36
  52. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  53. A. City Manager ▶ jump to 134:53
  54. B. City Attorney ▶ jump to 134:57
  55. C. City Commission ▶ jump to 144:48
  56. 11. ADJOURNMENT
  57. 57 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the Human Resources Department at (561) 243-7125 at least 24 hours prior to the program or activity for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.