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City Commission

March 5, 2024 ·5:00 PM Final ·Regular Meeting at 5:00 PM

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

Agenda PDF 📹 Watch video Official record ↗

Agenda — 67 items

  1. 1. ROLL CALL ▶ jump to 0:14
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG ▶ jump to 0:36
  3. 3. AGENDA APPROVAL approved Pass ▶ jump to 1:40
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A. None
  7. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
  8. 5.A. City Manager's response to prior public comments and inquiries
  9. 5.A.1. UPDATE REGARDING MARINE WAY GENERATOR PLACEMENT 24-197 ▶ jump to 2:58
  10. 5.B. From the Public ▶ jump to 11:13
  11. 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Pass
  12. 6.A. CITY COMMISSION MEETING MINUTES 24-293 approved
  13. 6.B. APPROVAL OF THE BOARD BYLAWS ESTABLISHING THE RULES OF PROCEDURE 24-300 approved
  14. 6.C. MOTION TO ACCEPT THE 2023 DELRAY BEACH CONGRESS AVENUE STRATEGIES STUDY PREPARED BY STREETSENSE AND CBRE 24-366 approved
  15. 6.D. ACCEPTANCE OF A PEDESTRIAN CLEAR ZONE EASEMENT FOR THE PROPERTY LOCATED AT 235 SE 5TH AVENUE. 24-323 approved
  16. 6.E. RESOLUTION NO. 56-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A SERIES OF BONDS IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $20,000,000 AND DESIGNATED CITY OF DELRAY BEACH, FLORIDA, GENERAL OBLIGATION BONDS, SERIES 2024 (PARKS PROJECTS) (THE “BONDS”) TO FINANCE ALL OR A PORTION OF IMPROVEMENTS TO THE CATHERINE STRONG PARK, MILLER PARK AND OTHER CITY OWNED PARKS DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PUBLIC SALE OF THE BONDS BY COMPETITIVE BID SUBJECT TO CERTAIN PARAMETERS SET FORTH IN THIS RESOLUTION; APPROVING THE FORMS OF AN OFFICIAL NOTICE OF SALE AND AUTHORIZING THE PUBLICATION OF A SUMMARY THEREOF; APPROVING THE FORM AND ELECTRONIC DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND ELECTRONIC DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE CHIEF FINANCIAL OFFICER AND/OR OTHER CITY OFFICIALS TO MAKE CERTAIN DETERMINATIONS WITH RESPECT TO THE BONDS SUBJECT TO THE PARAMETERS SET FORTH IN THIS RESOLUTION; APPOINTING A PAYING AGENT AND REGISTRAR; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A REGISTRAR/PAYING AGENT AGREEMENT; AUTHORIZING THE REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY ONLY SYSTEM; PROVIDING FOR THE UNDERTAKING BY THE CITY REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 24-241 approved
  17. 6.F. RESOLUTION NO. 47-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE SCHEDULE OF FEES FOR FIRE SAFETY INSPECTIONS, UPDATING FEES FOR FIRE SAFETY INSPECTIONS, PURSUANT TO SECTION 96.02, “INSPECTIONS REQUIRED”; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 24-284 approved
  18. 6.G. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND FLORIDA ATLANTIC UNIVERSITY FOR AN EMS FELLOWSHIP PROGRAM HOSTED BY THE FIRE RESCUE DEPARTMENT. 24-369 approved
  19. 6.H. APPROVAL OF ADDITIONAL SPENDING ON CS2020-004 WITH OPERATIVE IQ, FOR SOFTWARE AS A SERVICE IN THE AMOUNT OF $57,000 FOR A REVISED TOTAL OF $107,000. 24-363 approved
  20. 6.I. RESOLUTION NO. 66-24: STATE HOUSING INITIATIVES PARTNERSHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FY2022-2025 TECHNICAL REVISION 1 24-325 approved
  21. 6.J. APPROVAL OF UNDERGROUND UTILITY EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT FOR PROPERTY LOCATED AT 148 S. OCEAN BLVD., DELRAY BEACH, FL 33483 24-309 approved
  22. 6.K. APPROVAL OF THE LICENSE PLATE RECOGNITION CAMERA PROGRAM LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND AUTO COMPANY XXVII, INC. 24-312 approved
  23. 6.L. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE CITY OF DELRAY BEACH 24-332 approved
  24. 6.M. APPROVAL OF THE HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND DELRAY TRIO, LLC. 24-361 approved
  25. 6.N. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 1227 CRESTWOOD DR. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 530 N. SWINTON AVE. ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 319 ANDREWS AVE. ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 502 RYE LN. ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 235 SE 5TH AVE. ITEM(S) B1 - ACCEPTANCE OF A GENERAL UTILITY EASEMENT BY 319 ANDREWS AVE. ITEM(S) C1 - ACCEPTANCE OF AN UNDERGROUND EASEMENT BY 80 DEPOT AVE. 24-228 approved
  26. 6.O. ITEM(S) A1, MAINTENANCE OF TRAFFIC PLAN/ ROAD CLOSURE PLAN FOR NE 4th AVE/NE 1st ST 24-235 approved
  27. 6.P. APPROVAL FOR ADDITIONAL SPENDING ON SOLE SOURCE NO. SS2023-018 WITH TEN-8 FIRE & SAFETY, LLC FOR ORIGINAL EQUIPMENT MANUFACTURER PARTS AND RELATED SERVICE IN THE AMOUNT OF $20,000 PER YEAR, FOR A REVISED TOTAL VALUE OF $96,000. 24-268 approved
  28. 6.Q. PROCLAMATIONS:
  29. 6.Q.1. VIETNAM VETERANS' DAY PROCLAMATION 24-295 approved
  30. 6.Q.2. ALL PEOPLE'S DAY PROCLAMATION 24-301 approved
  31. 6.Q.3. PROCUREMENT MONTH PROCLAMATION 24-283 approved
  32. 6.Q.4. PROCLAMATION DESIGNATING THE MONTH OF MARCH AS FLORIDA BIKE MONTH IN DELRAY BEACH. 24-303 approved
  33. 6.Q.5. PROCLAMATION TO DESIGNATE APRIL 2024 AS EARTH MONTH 24-306 approved
  34. 6.Q.6. NATIONAL COMMUNITY DEVELOPMENT WEEK 24-281 approved
  35. 6.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
  36. 6.R.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM FEBRUARY 1, 2024, THROUGH FEBRUARY 23, 2024. 24-190 approved
  37. 6.S. AWARD OF BIDS AND CONTRACTS:
  38. 6.S.1. APPROVAL OF RESOLUTION NO. 68-24 TO APPROVE A BID WAIVER AGREEMENT WITH BJCE, INC. FOR GOLF CLUB MANAGEMENT SERVICES FOR THE DELRAY BEACH MUNICIPAL GOLF COURSE AND LAKEVIEW GOLF COURSE FOR A TERM OF ONE YEAR IN THE AMOUNT OF $140,000 24-263 approved
  39. 6.S.2. APPROVAL OF RESOLUTION NO. 44-24 TO AWARD AN AGREEMENT TO T2 SYSTEMS, INC. FOR PARKING MANAGEMENT SYSTEMS AND RELATED EQUIPMENT, SUPPLIES, AND SERVICES UTILIZING A CITY STANDARD APPROVAL IN THE AMOUNT OF $625,575; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; AND FOR OTHER PURPOSES. 24-286 approved Pass ▶ jump to 47:56
  40. 6.S.3. APPROVAL OF RESOLUTION NO. 45-24 TO AWARD AN AGREEMENT TO RANGER CONSTRUCTION INDUSTRIES, INC. FOR CONSTRUCTION SERVICES FOR THE CATHERINE DRIVE ROADWAY IMPROVEMENTS PROJECT, PURSUANT TO INVITATION TO BID CONSTRUCTION (ITBC) 2023-049 IN THE AMOUNT OF $604,686.30. 24-282 approved Pass ▶ jump to 49:25
  41. 6.S.4. APPROVAL OF RESOLUTION NO. 46-24 TO AWARD AN AGREEMENT WITH EISMAN & RUSSO, INC. FOR CONSTRUCTION ENGINEERING, AND INSPECTION SERVICES FOR THE LINDELL BOULEVARD BICYCLE & PEDESTRIAN IMPROVEMENTS AND THE BARWICK ROAD BICYCLE & PEDESTRIAN IMPROVEMENTS PROJECTS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2023-040 IN THE AMOUNT OF $2,175,464.66 24-298 approved
  42. 6.S.5. APPROVAL OF RESOLUTION NO. 55-24 TO AWARD AN AGREEMENT TO ROSSO SITE DEVELOPMENT, INC FOR CONSTRUCTION SERVICES FOR THE BARWICK ROAD BICYCLE AND PEDESTRIAN IMPROVEMENTS PROJECT PURSUANT TO INVITATION TO BID CONSTRUCTION (ITBC) 2024-009 IN THE AMOUNT OF $7,764,375.44 24-299 approved
  43. 6.S.6. APPROVAL OF RESOLUTION NO. 24-24 TO APPROVE AN AGREEMENT WITH M & M ASPHALT MAINTENANCE, INC., D/B/A ALL COUNTY PAVING, INC. FOR ROAD RESTORATION SERVICES, UTILIZING THE CITY OF BOYNTON BEACH INVITATION TO BID (ITB) NO. PWE22-08 ASPHALT AND SIDEWALK REHABILITATION IN A TOTAL AMOUNT NOT TO EXCEED $475,000. approved
  44. 7. REGULAR AGENDA:
  45. 7.A. RESOLUTION NO. 19-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION APPLICATION FOR A PLAT FOR A PROPOSED SUBDIVISION KNOWN AS “MAGNOLIA PLACE” TO REPLAT THE SOUTH HALF OF LOT 13 AND ALL OF LOTS 14 THROUGH 19 INCLUDING THE AMENDED PLAT OF SUNDY AND THE CROMER'S SUBDIVISION OF BLOCK 70 RECORDED IN PLAT BOOK 6, PAGE 17, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-164 approved Pass ▶ jump to 50:51
  46. 7.A.1. RESOLUTION NO. 49-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, DEMOLITION, WAIVER, AND VARIANCES BY THE HISTORIC PRESERVATION BOARD AND APPROVING SAME FOR THE CONSTRUCTION OF A TWO-STORY DUPLEX ON A PORTION OF THE PROPERTY LOCATED AT 19 SE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) 24-169 approved Pass
  47. 7.A.2. RESOLUTION NO. 50-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, DEMOLITION, WAIVER, AND VARIANCES BY THE HISTORIC PRESERVATION BOARD AND APPROVING SAME FOR THE CONSTRUCTION OF A TWO-STORY DUPLEX LOCATED ON A PORTION OF THE PROPERTIES LOCATED AT 19 SE 2ND STREET AND 148 SE 1ST AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) 24-203 approved Pass ▶ jump to 130:55
  48. 7.A.3. RESOLUTION NO. 51-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, DEMOLITION, WAIVER, AND VARIANCES BY THE HISTORIC PRESERVATION BOARD AND APPROVING SAME FOR THE CONSTRUCTION OF A TWO-STORY DUPLEX ON A PORTION OF THE PROPERTIES LOCATED AT 134 AND 148 SE 1ST AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) 24-204 approved Pass ▶ jump to 131:09
  49. 7.A.4. RESOLUTION 52-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, WAIVER, AND VARIANCES BY THE HISTORIC PRESERVATION BOARD AND APPROVING SAME FOR THE CONSTRUCTION OF A TWO-STORY DUPLEX ON A PORTION OF THE PROPERTIES LOCATED AT 130 AND 134 SE 1ST AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) 24-205 approved Pass ▶ jump to 131:20
  50. 7.A.5. RESOLUTION 53-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, DEMOLITION, WAIVER, AND VARIANCES BY THE HISTORIC PRESERVATION BOARD AND APPROVING SAME FOR A TWO-STORY DUPLEX ON A PORTION OF THE PROPERTY LOCATED AT 130 SE 1ST AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) 24-206 approved Pass ▶ jump to 131:30
  51. 7.B. RESOLUTION NO. 69-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE VACATION OF TRACT “P” FROM THE ATLANTIC GROVE PLAT NO. 2, RECORDED IN PLAT BOOK 133, PAGES 44 THROUGH 46, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-297 ▶ jump to 132:00
  52. 7.C. A DISCUSSION OF PROPOSED RESOLUTION NO. 71-24. 24-342 consensus ▶ jump to 140:08
  53. 7.D. APPROVAL OF RESOLUTION NO. 74-24 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CDM CONSTRUCTORS, INC., FOR PHASE ONE (1) OF THE CITY OF DELRAY BEACH WATER TREATMENT PLANT PROGRESSIVE DESIGN BUILD PROJECT PURSUANT TO RFQ 2023-066, IN AN AMOUNT OF $14,982,309.00. 24-333 approved Pass ▶ jump to 148:59
  54. 7.E. APPROVAL OF AMENDMENT NO. 1 TO THE PARKING SPACE AGREEMENT AND COVENANT WITH CDR DELRAY FEC, LLC 24-374 approved Pass ▶ jump to 161:12
  55. 7.F. RESOLUTION 63-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE EASTER SUNRISE SERVICE TO BE HELD MARCH 31, 2024; AUTHORIZING THE CLOSURE OF A1A BETWEEN ATLANTIC AVE AND MIRAMAR DRIVE AS MORE SPECIFICALLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 24-291 approved Pass ▶ jump to 166:36
  56. 8. PUBLIC HEARINGS/SECOND READINGS:
  57. 8.A. ORDINANCE 03-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY OF DELRAY BEACH CODE OF ORDINANCES, CHAPTER 37, “DELRAY BEACH CODE ENFORCEMENT”, TO CREATE A NEW SECTION 37.37 THROUGH 37.39 TO ESTABLISH A CIVIL CITATION PROCEDURE PURSUANT TO FLORIDA STATUTE 162, PART II, AS AN ALTERNATIVE CODE ENFORCEMENT METHOD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING) 24-290 approved Pass ▶ jump to 168:01
  58. 8.B. ORDINANCE NO. 06-24: 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, APPENDIX A, “DEFINITIONS,” BY UPDATING THE DEFINITION OF “TREE TRUST FUND” TO INCLUDE A PROVISION FOR USE OF IN-LIEU FUNDS TO OFFSET MAINTENANCE COSTS FOR TREES AND PALMS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 24-243 approved Pass ▶ jump to 174:03
  59. 8.C. ORDINANCE NO. 08-24: 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 4.4.3, “SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS,” SECTION 4.4.5, “LOW DENSITY RESIDENTIAL (RL) DISTRICT,” AND SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT,” TO ADOPT FLOOR AREA RATIO AND BUILDING ARTICULATION REGULATIONS FOR RESIDENTIAL DEVELOPMENT EAST OF THE INTRACOASTAL WATERWAY; AMENDING APPENDIX A, “DEFINITIONS,” TO ADOPT DEFINITIONS FOR HORIZONTAL ARTICULATION AND STEP-BACK; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 24-207 approved Pass ▶ jump to 193:47
  60. 9. FIRST READINGS:
  61. 9.A. None
  62. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  63. A. City Manager
  64. 10.A.1. UPDATE AND STATUS REPORT REGARDING PENDING PROJECTS 24-326 ▶ jump to 220:24
  65. B. City Attorney ▶ jump to 228:54
  66. C. City Commission ▶ jump to 228:58
  67. 11. ADJOURNMENT