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04-21-98 APRIL 21, 1998 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, April 21, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay Alperin Absent - None Also present were - City Manager David. T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Commissioner David Randolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin stated that a presentation by Mr. Frank McKinney concerning the All-America City application will be added to the agenda as Item 7.A.1. In view of the large number of people in attendance concerning the item, Mayor A1perin suggested that Item 12.A., First Reading for Ordinance No. 18-98 dealing with the fire sprinklers, be moved up to the beginning of the regular agenda. The rest of the Commission concurred with the Mayor's suggestion. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes= Mr. Schmidt moved to approve the Minutes of the Regular Meeting of April 7, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Schmidt moved to approve the Minutes of the Special Meeting of April 14, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. National Beach Safety Week - April 18-25, 1998 Mayor Alperin read and presented a proclamation in recognition of National Beach Safety Week, urging all residents and visitors to enjoy themselves at the beach this year while taking appropriate measures to protect themselves and their families. Mr. Rich Connell, Beach Supervisor, came forward to accept the proclamation. He thanked the City Commission for their support and invited everyone to attend an Open House at the Beach Patrol Headquarters at Anchor Park on Wednesday, May 20, 1998. Mr. Connell also announced that the City's lifeguards just won the 12th Annual Lifeguard Tournament. 6.B. OF NOTE: National Records and Information Manaqement Week - April 5-11, 1998 Mayor Alperin noted that a proclamation in recognition of National Records and Information Management Week will be forwarded to the appropriate entity. Presentations: 7.A.1. Frank McKinney reported that the City of Delray Beach was selected by the National Civic League as one of the thirty finalists for the All-America City Award. One hundred and twelve (112) cities from throughout the country applied, and Delray Beach was fortunate enough to make the cut to the final short list. To magnify this achievement, Mr. McKinney stated that the All-America City Award is the oldest civic award in the country, turning 50 years old next year. Over 6,000 cities have applied since the award's inception. There are over 1,500 cities in Florida, and 350 times a Florida city has applied for the desig- nation; only five (5) cities in 50 years have won from Florida. There has never been a repeat winner from Florida, so Delray Beach could set a precedent come June. Eight other cities from Florida applied this time around, including West Palm Beach, Deerfield Beach, and Hollywood, which did not make the cut. Mr. McKinney commented that for Delray Beach to have made the cut into the final round twice in five years, and winning in 1993, is quite an achievement. He then explained that the Steering Committee will spend the next two months working on the ten minute presentation that will be made to a jury in Mobile, Alabama, during the All-America City convention June 16-20, 1998. Any residents who want to come are encouraged to do so as it 2 04/21/98 should be a very exciting experience. Information on the trip can be obtained from the Community Improvement Department. Mr. McKinney concluded by stating that the intent is to come home with the award. If the commitment to winning is made in this next phase as it has been made in Delray Beach over the last five years, he guaranteed Delray Beach will win the award. 7.A. Delray Citizens for Delray Police (Perry DonFrancisco) in recognition of the residents of the Del-Aire community for their annual golf tournament to benefit the Police and Fire Departments Perry DonFrancisco stated that the 1998 Delray Citizens for Delray Police/Del-Aire Charity Golf Tournament was nine years old this past February 27th. It is now close to one solid decade that the Del-Aire community has financially supported the Police and Fire Departments. This support has come without solicitation through a proactive fundraising effort held by this community each year, and has been responsible for the purchase of both life saving and crime fighting equipment that could not have otherwise been purchased within the normal budget constraints of the City. Mr. DonFrancisco the following individuals: Mr. Robert Goldberg, President of Del-Aire Country Club; Mr. Dan Kane, President of the Del-Aire Property Owners Association and Co-Chairman of the Charity Golf Tournament; Mr. Walter Warheit, Chairman of Del-Aire Golf Committee; and Mr. Bob Smith who for nine years has done an exceptional job putting the tournament together. He is the Chairman of Delray Citizens for Delray Police charity golf tournament. At this point, the Del-Aire representatives presented a check in the amount of $13,500.00 to Chief Rehr of the Fire Department, and a check in the amount of $13,450.00 to Chief Overman of the Police Department. Both Chief Rehr and Chief Overman expressed their thanks and appreciation for the support provided by the Del-Aire community and the Delray Citizens for Delray Police, noting that these funds are used for training and equipment which enhances the ability of both departments to provide higher level service to all residents of Delray Beach. On behalf of the City Commission, Mayor Alperin ex- pressed his sincere appreciation to the Del-Aire community and Delray Citizens for Delray Police for their very generous sup- port. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/SHERWOOD PONTIAC PLAT NO. 1: Approve the final boundary plat for Sherwood Pontiac Plat No. 1 which consists of an existing automobile dealership. The subject property is located south of Linton Boulevard, between Old Dixie Highway and South Federal Highway. -3- 8.B. RESOLUTION NO. 27-98= Approve a resolution in support of pending legislation in the U.S. Congress (HR 2891) which clarifies the overtime exemptions for paramedic/firefighters under the Fair Labor Standards Act. The caption of Resolution No. 27-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF HR 2891, CURRENTLY PENDING IN THE UNITED STATES CONGRESS, RELATING TO THE FAIR LABOR STANDARDS ACT; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THE RESOLUTION TO APPROPRIATE OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 27-98 is on file in the City Clerk's office.) 8.C. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $22,151.00 for an eligible applicant under the Delray Beach Renaissance Program, with funding from State Housing Initiatives Partnership (SHIP) program (118-1924-554-83.01). 8.D. RESOLUTION NO. 29-98= Approve a resolution assessing costs for abatement action required to remove nuisances on 26 properties throughout the City. The caption of Resolution No. 29-98 is as follows: 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 LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 29-98 is on file in the City Clerk's office.) 8.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS= Accept the actions and decisions made by the Land Development Boards for the period April 6th through April 17, 1998. -4- 04/21/98 8.F. AWARD OF BIDS AND CONTRACTS= 1. Contract award in the amount of $59,006.00 to Ledbetter Electric Inc., for emergency electrical repairs for the Miller Park Little League Field #1, with funding from 334-4173-572-63.90 (Miller Park Lighting). 2. Contract award to Ritz Safety Equipment, via Palm Beach County Bid #98003-R, for the purchase of safety shoes for City employees at an estimated annual cost of $30,542; with funding from various departmental budgets (52.22). Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Pursuant to Item 4., Agenda Approval, Item 12.A., First Reading for Ordinance No. 18-98, was moved forward on the agenda. 12. FIRST READINGS= ~2.A. ORDINANCE NO. 18-98= An Ordinance amending Chapter 96, "Fire Safety And Emergency Services", Section 96.16, "Certain Codes Adopted By Reference", of the City Code to provide which edition of the various NFPA Codes are applicable, by repealing Section 96.17, "Amendments", and by amending Section 96.46, "Aboveground Installations" If passed, a public hearing will be scheduled for May 5, 1998. The City Manager presented Ordinance No. 18-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF ~ELRAY BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", TO PROVIDE WHICH EDITION OF THE VARIOUS NFPA CODES ARE APPLICABLE; BY REPEALING SECTION 96.17, "AMENDMENTS"; BY AMENDING SECTION 96.46, "ABOVEGROUND INSTALLATIONS", TO PROVIDE FOR CONDITIONS FOR ABOVEGROUND TANK INSTALLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-98 is on file in the City Clerk's office.) -5- 04/21/98 Mayor Alperin explained to the audience that this item is scheduled as a first reading of the ordinance and does not involve a public hearing. However, in deference to the large number of people in attendance concerning this item, it was the consensus of the City Commission to allow Mr. William H. Latimer, Jr., Chairman of the High Rise Fire Safety Task Team, to speak as their representative. The City Attorney read the caption of the ordinance. At this point, Mr. William Latimer addressed the Commission. He stated that the majority of the members of the High Rise Fire Safety Task Team do not, nor have they ever, agree with the language that is contained in the proposed ordinance. When this issue was discussed at the April 14th workshop, there apparently was some confusion as to what was decided and differ- ent people came away from that meeting with different thoughts. The main area of contention has to do with what is referred to as "an engineered life safety system." While this has been proposed by the Fire Department as an alternative to the fire sprinklers, Mr. Latimer stated that while it may be called something differ- ent, it still means fire sprinklers. He continued that the Fire Safety Task Team, by a vote of 10 to 3, stated that sprinklers were not necessary and outlined why they are not necessary in great detail in their report at the workshop. Mr. Latimer urged the City Commission to accept the task team's recommendation and adopt the Life Safety Code, but do not include "engineered life safety system" and do not adopt Section 19-3.5.6. In conclusion, Mr. Latimer submitted for the record a petition containing some 800 signatures from residents of every affected condominium opposing the proposed change in the Fire Code as it applies to retroactive installation of fire sprinklers and requesting the City Commission to reject that portion of the Fire Code contain- ing that provision. A lengthy discussion ensued concerning the direction the Commission had given staff at the workshop meeting (i.e. that there was to be no requirement for fire sprinklers in the indi- vidual units), the ordinance as drafted, and Mr. Latimer's contention that the inclusion of "engineered life safety system" within the proposed ordinance is tantamount to requiring fire sprinklers in the individual buildings, albeit not each unit. After discussion with the Fire Chief as to the defini- tion of "engineered life safety system" and where fire sprinklers might be required within the buildings as part of this option, it became apparent there were a few gray areas where a sprinkler might need to be installed within an individual dwelling unit which is contrary to the direction given by the City Commission at the workshop. Mr. Latimer then clarified that the residents of the affected buildings would be willing to install additional safety measures as deemed necessary by the Fire Code; however, they are 6 04/21/98 opposed to any requirement that fire sprinklers would have to be installed anywhere in the buildings as the residents do not feel they are necessary. Upon further discussion, it was the consensus of the Commission to remand the issue to the High Rise Fire Safety Task Team so that the concerns that have been raised can be worked out. Mayor Alperin, however, emphasized that the task team must provide a viable alternative to the fire sprinkler requirement, not just that the residents do not feel it is necessary. A solution to the problem must be provided. Mr. Ellingsworth asked that along with the task team's report, staff provide a compari- son of what exists in the Fire Code now versus what is being asked for in the updated code. It was the further consensus of the City Commission that the issue be brought back to the May 12, 1998, workshop for consideration of the task team's report. Mr. Ellingsworth moved to DENY Ordinance No. 18-98 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion PASSED with a 5 to 0 vote. At this point, the City Manager stated that those people who are concerned about this particular issue need to be paying attention to what is going in the State Legislature and and in Congress because there is a bill in the legislature to adopt one, single state-wide building code. There is also an effort to adopt a national building code that has a good chance of coming to fruition within the next five or six years. What has been talked about at the state level is to adopt a state code with no local exceptions; that is, there would no longer be the ability for the City Commission to make this decision. It would be made by the Legislature in Tallahassee or by the State Insur- ance Commissioner. At this point, the time being 7:00 p.m., Mayor Alperin declared a brief recess to allow the Chambers to clear. The meeting was reconvened at 7:03 p.m., at which time the Commission moved to the du~y advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 17-98 (FIRST READING/FIRST PUBLIC HEAR- ING)= An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, to allow private beach clubs with attendant recreational, dining and related accessory facilities within that portion of the RM zoning district located south of Atlantic Dunes Park and east of State Road A1A, as a conditional 7 04/21/98 use. If passed, a second public hearing will be scheduled for May 5, 1998. The City Manager presented Ordinance No. 17-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDI- TIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELP~AY BEACH, TO ALLOW PRIVATE BEACH CLUBS WITH ATTENDANT RECREATIONAL, DINING AND RELATED ACCESSORY FACILITIES WITHIN THAT PORTION OF THE RM ZONING DISTRICT LOCATED SOUTH OF ATLANTIC DUNES PARK AND EAST OF STATE ROAD A1A, AS A CONDITIONAL USE; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Diane Dominguez, Director of Planning and Zoning, stated that the proposed amendment to add private beach clubs as a conditional use in the RM zoning district was requested by the Delray Beach Club. The Club wants to make certain modifications to its building and are prohibited from doing so under current regulations as the use is non-conforming. As drafted, the use would be allowed as a conditional use within that portion of the RM zoning district located south of Atlantic Dunes Park and east of State Road A1A. The Planning and Zoning Board considered the text amendment at a public hearing on March 16, 1998, and voted unanimously to recommend that it be approved. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to address the City Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 17-98 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 15-98 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.4.9, "General Commer- cial (GC) District", and Section 4.4.13, "Central Business (CBD) District", of the Land Development Regulations to include the 8 04/21/98 rental of sporting goods and equipment as a permitted use, subject to certain restrictions. Prior to consideration of passage of this ordinance on Second Reading, a Second Public Hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 15-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW THE RENTAL OF SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE; AMENDING SECTION 4.4.9(H), "SPECIAL REGULATIONS", TO PROVIDE RESTRICTIONS ON THE OUTDOOR DISPLAY OF SPORTING GOODS AND EQUIPMENT FOR RENT; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO ALLOW THE RENTAL OF SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE; AMENDING SECTION 4.4.13(H), "SPECIAL REGULATIONS", TO PROVIDE LOCATIONAL AND OUTDOOR DISPLAY RESTRICTIONS FOR SAID USE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 15-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 28-98 (STATE HOUSING INITIATIVES PART- NERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting the Local Housing Assistance Plan for Fiscal Years 1998/99, 1999/2000 and 2000/01 pursuant to the State Housing Initiatives Partnership (SHIP) Program. The City Manager presented Resolution No. 28-98: -9- 04/21/98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORA- TION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. (The official copy of Resolution No. 28-98 is on file in the City Clerk's office.) Lula Butler, Director of Community Improvement, stated that Resolution No. 28-98 adopts the City's housing assistance plan covering the use of allocated SHIP dollars over the next three fiscal years. The City began participating in the SHIP program some three years ago with the adoption of Ordinance No. 2-93. During this next three year cycle, the City anticipates receiving about $328,242 per year under the SHIP program, with the funds to be used for new construction purchase assistance, existing unit purchase assistance, and rehabilitation assistance for owner occupied units. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one from the audience who wished to address the City Commission on this item, the public hearing was closed. Mr. Ellingsworth moved to approve Resolution No. 28-98, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 16-98: An ordinance amending Chapter 112, "Alarm Systems", Section '112.06, "Exemptions", of the City Code by enacting a new subsection 112.06(C) to provide an exemp- tion from the provisions of Chapter 112 for school facilities owned by the Palm Beach County School District. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 16-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", SECTION 112.06, -10- 04/21/98 "EXEMPTIONS", BY ENACTING A NEW SUBSECTION 112.06(C) TO PROVIDE AN EXEMPTION FROM CHAPTER 112 FOR SCHOOL FACILITIES OWNED BY THE PALM BEACH COUNTY SCHOOL DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to address the City Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 16-98 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no responses to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Jean Beer, 945 Tropic Boulevard, congratulated everyone who has been involved with the All-America City application for the success thus far, and especially recognized Mr. Richard Eckerle for his outstanding representation on the steering committee and his efforts on behalf of the City of Delray Beach. With respect to the proposed design of the 1-95 inter- changes, Mrs. Beer noted that everyone is unhappy with it and strongly urged the City Commission to put the pressure on our state legislators to have the interchanges designed so they will alleviate some of the problems, not exacerbate them. Mrs. Beer stated she would be meeting with Palm Beach County Commissioner Mary McCarty in an effort to get something going on a joint meeting about the rest of the problems on Linton Boulevard. Mrs. Beer then asked if the City could look into what is taking so long for the traffic light at Whatley Road on Atlantic Avenue to be moved to in front of the Publix shopping center? She is aware that inquiries have been made to FDOT and that various excuses and conflicting information have been the result. She urged the Commission, as well as County Commissioner McCarty and State Representative Andrews, to look into this to find out what is going on since there are lives at stake and the project has been delayed by FDOT for too long. 11.B.2. Bernie Burkoff, President of Rainberry Lakes Homeowners Association, asked that the City Commission reconsider the widening of Lake Ida Road between Congress Avenue and Military Trail. Over the past year there has been a dramatic increase in traffic on Lake Ida Road, and with the new rental housing project on the south side of Lake Ida Road opening up soon, it is almost impossible for the residents of Rainberry Lakes to make a left hand turn coming out of their development. Mr. Burkoff urged the City Commission to try to have this road widening project includ- ed on the County's project list as soon as possible since it will probably be years before it can actually be scheduled. 11.B.3. Gerald DeFoe, resident of Country Manors and P.R.O.D. board member, reiterated Mrs. Beer's comments about the outstand- ing job done by Richard Eckerle and the efforts he has put forth for the City. Mr. DeFoe concurred with the comments made about the need to widen Lake Ida Road. He stated that all of the residents on the north side of Lake Ida Road have extreme difficulties, particularly in the season, with making a left hand turn and just getting out of their respective developments. This is exclusive of Rainberry Bay which has a traffic light that was installed at the residents' expense. Mr. DeFoe continued that the only reason Lake Ida Road has not been widened is because the City Commission is on record with the County as not wanting it done. However, the traffic situation on the road has now become so bad and the new developments coming on line will make it even worse, Mr. DeFoe felt it imperative that the City Commission notify the County that the City would support the road widening project. 11.B.4. Alice Finst, 707 Place Tavant, stated that the speaker system is not working in the first floor conference room or in the back room off of the Commission Chambers, and asked that this be corrected. Concerning the problem of traffic on Lake Ida Road, Mrs. Finst stated that the Chatelaine Board of Directors is opposed to any widening of the road. First, this would put the traffic closer to the backyards and, second, the wider the road the more traffic it will hold. Mrs. Finst stated the area between Congress and Military on Lake Ida Road is residential and needs residential street controls through traffic calming meth- ods. She felt that instead of widening the road to accommodate -12- 04/21/98 more traffic, steps should be taken to slow down the traffic through this residential neighborhood. 11.B.5. Robert Spector, 2450 Riviera Drive in Rainberry Bay, presented to the City Commission his suggestion for a parking garage in the downtown area in the vicinity of the SunTrust parking lot on the south side of Atlantic Avenue between the F.E.C. railway and S.E. 3rd Avenue and the vacant property immediately south of it. Mr. Spector asked that the appropriate City staff look into this location to determine its viability for a parking garage. At this point, the Commission returned to the Regular Agenda. 9. REGULAR AGENDA: 9.A. SPECIAL EVENT REQUEST/1ST ANNUAL SEAFOOD FESTIVAL ("DEL RAGIN' SUMMER SPLASH"): Consider a request from Paragon Events for special event approval to hold the Del Ragin' Summer Splash on June 6-7, 1998, including a temporary use permit for the use of N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street, and Railroad Way from N.E. 1st Street south to the east-west alley, a sign code waiver request and City staff support, with the event sponsor to pay for all overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. He stated that staff recommends approval of the event, the temporary use permit, the sign code waiver, and City staff support as requested, with the event sponsor paying for all overtime costs which are estimated at about $4,000.00. Mr. Egan moved to approve the special event request for the Del Ragin' Summer Splash subject to staff's recommendation, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. FUNDING REQUEST/PROJECT GRADUATION (OLYMPIC HEIGHTS): Consider a request for funding from Olympic Heights Community High School in support of Project Graduation 1998. Mr. Egan moved to approve funding in the amount of $200.00 for Project Graduation at Olympic Heights Community High School as recommended by the City Manager. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. CRA APPLICATION FOR ISTEA FUNDING FOR WEST ATLANTIC AVENUE: Consider a request from the Community Redevelopment -13- 04/21/98 Agency for the City's participation and assistance with the CRA's application to the Metropolitan Planning Organization (MPO) for ISTEA (Intermodal Surfaces Transportation Efficiency Act) funding for enhancement or beautification activities on West Atlantic Avenue. Shelley Treadwell, Economic Development Manager with the Community Redevelopment Agency, presented more specific information about the proposed project. If the grant is success- ful, the funds will be used to complete improvements to the 100 through 400 blocks of West Atlantic Avenue. The City is being asked to serve as the project sponsor and sign the application, commit to the maintenance of the project post-installation, and sign the grant agreement should the grant be awarded. The application is for $500,000 in ISTEA funds, with the CRA to provide the funding match of $118,705.36. Mr. Ellingsworth moved to approve the City's participa- tion as requested by the CRA for the application for ISTEA funding for West Atlantic Avenue. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. The City Attorney clarified that the funding match for the project will be provided by the Community Redevelopment Agency. She suggested that a letter agreement between the City and the CRA to this effect be brought back for formal approval by the City Commission at the next regular meeting. 9.D. CITY APPLICATION FOR ISTEA FUNDING FOR SIDEWALK IM- PROVEMENTS: Consider a request to approve and authorize the Mayor to submit an application to Metropolitan Planning Organiza- tion (MPO) for ISTEA Enhancement Funds for sidewalk improvements. Mr. Ellingsworth reported that the Metropolitan Plan- ning Organization (MPO) has available an additional $340,000 for enhancement fund projects. The City's sidewalk project was ranked sixth and the West Atlantic Avenue project was ranked fourth. The West Atlantic Avenue project is funded in the FDOT's budget for 2001/02. Because of the $500,000 limit per governmen- tal entity, the sidewalk project could not be funded. With these new found funds, however, it might be that they are not consid- ered as part of the 1997 process and they might be available. Mr. Ellingsworth urged that a letter be sent to the MPO right away stating that the City's sidewalk project is next on the priority list and we would like to get the $340,000 that is available for this purpose. As for the request before the Commission this evening to approve an application for $170,000, Mr. Ellingsworth noted that it is based on the assumption the City will get the $340,000, and so would only ask for $170,000 in 1998 funds to complete the $500,000 originally asked for. However, he will not find out if the $500,000 limit applies to the newly available $340,000 until the next MPO meeting on May -14- 04/21/98 21, 1998. Since the ISTEA funding application is due by May 1st, Mr. Ellingsworth recommended that the City go ahead and submit the same application for the sidewalk project as last year in the same amount of $500,000. That way, if we claim priority for the $340,000 in available funds and that money does not count toward the 1998 funding maximum, the City has an application in for the full $500,000. If it turns out that we get the $340,000 and it does count toward the $500,000 limit, then we can adjust our 1998 funding application accordingly. Mr. Egan moved to accept Mr. Ellingsworth's recommenda- tion that (1) a letter be sent to the Metropolitan Planning Organization claiming priority for the newly available $340,000 enhancement funds, and (2) that the City's application for 1998 ISTEA funding for sidewalk improvements be submitted for the amount of $500,000 instead of $170,000. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.E. TRAFFIC SIGNAL MODIFICATION/EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT: Consider approval of payment to Palm Beach County in the amount of $21,647.87 for traffic signal modifications for the East Atlantic Avenue Beautification project. Richard Hasko, Director of Environmental Services, stated this is a request for payment to Palm Beach County for some work done by their Traffic Division on the East Atlantic Avenue project. The work was approved by the City Manager given the time constraints on the project. Mr. Hasko clarified that the work needed to be done because of the adjustments that were made to the actual road, not because of any damage which occurred during construction. Mr. Schmidt moved to approve payment in the amount of $21,647.87 to Palm Beach County, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 30-98 (MID-YEAR BUDGET ADJUSTMENT}: Consider a resolution making mid-year adjustments to the adopted budget for FY 1997/98. The City Manager presented Resolution No. 30-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 75-97 ADOPTED SEPTEMBER 23, 1997, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL -15- 04/21/98 YEAR 1997/98, BY SETTING FORTH THE ANTICIPAT- ED REVENUES AND EXPENDITURES FOR THE OPERAT- ING FUNDS OF THE CITY FOR THE FISCAL YEAR 1997/98; TO REPEAL ALL RESOLUTIONS INCONSIS- TENT HEREWITH. (The official copy of Resolution No. 30-98 is on file in the City Clerk's office.) The City Manager stated that the total adjustment proposed is $1,022,~560. With the increase in revenue, the net increase in the Operating Budget is about $400,000. The City Manager then requested direction on the Library's request for an additional $50,000 for their library materials budget. Mr. Harden stated he would be more comfortable with $20,000 so that the contingency amount could be kept at about $400,000. There is a dispute with the CSX Railroad over a bill for $77,000, some problems with the roof on the Community Center and other poten- tial needs which he felt warranted keeping the higher level contingency. The City Manager noted that the exhibit to the mid-year budget resolution is currently drafted to reflect the full $50,000 requested by the Library. On question from the Commission as to the City's undesignated fund balance, the City Manager stated the current amount is about $4.5 million which is right around ten percent (10%). However, as mentioned at the town hall meeting, in looking at the experience of other communities that have been hit by major storms (in both south Dade County and up in the Panhan- dle), they have seen their ad valorem roll drop 30 to 35% in the ensuing year. The City Manager stated he felt it would be prudent for the City, over the long term, to try to build our surplus up to the 20 to 25% level. After discussion, Mr. Schmidt stated he would be more comfortable following the City Manager's recommendation, with the idea that at the end of the year if the other items don't come up, perhaps another adjustment could be made for the Library at that time. Mr. Schmidt moved to approve Resolution No. 30-98 with Exhibit "A" amended to reflect an additional $20,000 allocation to the Library (as opposed to $50,000), with the caveat that this issue be revisited at the end of the fiscal year based on funds which may be available at that time. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. -16- 04/21/98 The City Manager reported that he had been in Phoenix over this past weekend for the International City Management Association's 'Best Practices' symposium. He felt it was very worthwhile and hoped that it would be continued in the future. The major presenters were Phoenix, Arizona, Tacoma, Washington, San Jose, California, and Orange County, Florida. The City Manager stated he was quite proud to find that there are not a whole lot of things these cities are doing (that are supposed to be some of the most innovative in the country), that Delray Beach is not doing or has not thought about doing. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Ellingsworth complimented City staff on the excellent cleanup job done by them following the Delray Affair. 13.C.2. Commissioner Eqan, too, echoed Mr. Ellingsworth's comments and commended staff on a job well done. 13.C.3. Commissioner Schmidt had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. There being no further business, Mayor Alperin declared the meeting adjourned at 7:50 p.m. - City -Cl~k - ATTEST: .~ ~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the City Commission Regular Meeting held on April 21, 1998, which Minutes were formally approved and adopted by the Delray Beach City Commission on ~n~l.~ /q~ - 'Cit~- ClErk ! NOTE TO READER: If the Minutes you have received are not com- pleted as indicated above, this means they are not the official -iv- 04/21/98 Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions. -18- 04/21/98