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05-19-98 MAY 19, 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, May 19, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Schmidt Mayor Jay Alperin Absent - Commissioner David Randolph Also present were - City Manager David T. Harden and Asst. City Attorney David N. Tolces 2. The opening prayer was delivered by Pastor Buddy Owens with Christ Community Chapel. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Egan moved to approve the agenda as presented, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of May 5, 1998, and the Special Meeting of May 12, 1998, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. National Community Action Month - May 1998. Mayor Alperin presented a proclamation recognizing May, 1998, as National Community Action Month, noting that the Palm Beach County Community Action Program works and continues to be a positive force throughout the community. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 32-98: Approve a resolution vacating and abandoning an unimproved north/south alley lying within Block 129, Town of Delray, located on the south side of N.E. 4th Street, between NoE. 8th Avenue and Palm Trail, based upon positive findings. The caption of Resolution No. 32-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN BLOCK 129, TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AND RESERVING AND RETAINING A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AND RETAINING TO THE CITY ALL INTEREST IN N.E. 9TH AVENUE (PALM TRAIL). (The official copy of Resolution No. 32-98 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 33-98: Approve a resolution amending Resolution No. 88-97, as amended by Resolution No. 10-98, by amending Section 3 pertaining to membership composition to include a representative from the Chamber of Commerce on the Parking Management Advisory Board. The caption of Resolution No. 33-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 10-98, BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO INCLUDE A REPRESENTATIVE FROM THE CHAMBER OF COMMERCE; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 33-98 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 34-98: Approve a resolution requesting that the Florida Department of Transportation address unsafe traffic conditions at the intersection of West Atlantic Avenue and N.W./S.W. 4th Avenue, and encouraging FDOT to favorably consider the installation of a traffic signal and/or alternative traffic modifications to said intersection. The caption of Resolution No. 34-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE 2 05/19/98 CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ADDRESS UNSAFE TRAFFIC CONDITIONS AT THE INTERSECTION OF WEST ATLANTIC AVENUE AND N.W./S.W. 4TH AVENUE, AND ENCOURAGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FAVORABLY CONSIDER THE INSTALLATION OF A TRAFFIC SIGNAL AND/OR ALTERNATIVE TRAFFIC MODIFICATIONS TO SAID INTERSECTION; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 34-98 is on file in the City Clerk's office.) 8.D. FINAL PLAT APPROVAL/BORTON MOTORS: Approve the final boundary plat for Borton Motors, a commercial subdivision located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue. 8.E. FINAL PLAT APPROVAL/CITATION CLUB REPLAT: Approve the final plat for the Citation Club Replat, a replat of the Citation Club plat recorded in Plat Book 76 at Page 181, in order to accommodate a land swap between the Citation Club and Hammock Reserve. The property is located on the east side of Military Trail, south of Linton Boulevard. 8.F. RIGHT OF ENTRY AND LICENSE AGREEMENT FOR SIDEWALK CONSTRUCTION/ OCEAN PLACE CONDOMINIUM: Approve a right of entry and license agreement with Ocean Place Condominium to accommodate the construction of a sidewalk within the State Road A1A right-of-way adjacent to Ocean Place Condominium at 120 South Ocean Boulevard. ACCEPTANCE OF EASEMENT DEED FROM MONNIER FOR UTILITY CONNECTION: Accept an easement deed from Eugene H. Monnier, Jr. and Jean E. Monnier to accommodate construction of utilities as part of the Morikami wellfield development settlement agreement. 8.H. ACCEPTANCE OF EASEMENT DEED AND RIGHT OF ENTRY AND LICENSE AGREEMENT WITH FLANAGAN/BERMUDA GARDENS ROAD: Accept an easement deed for a ten foot utility easement from Dr. Robert Flanagan, and approve a right of entry and license agreement with Dr. Flanagan, 1035 Bermuda Gardens Road, to facilitate completion of the Bermuda Gardens Road water and sewer improvements project. 8.I. AGREEMENT WITH BELL SOUTH FOR PROVISION OF FRAME RELAY SERVICE: Approve an agreement between the City and BellSouth Telecommunications, Inc. for BellSouth to provide and maintain a frame relay service to accommodate a high speed communications link for mobile communications with Police vehicles and internet access for the City computer network. 3 05/19/98 8.J. PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD SUMMER PROGRAM AGREEMENT= Approve a Worksite Agreement for Work Experi- ence with the Palm Beach County Workforce Development Board for the Summer Youth Employment and Training Program, for the period June 22 through August 14, 1998. 8.K. CONTRACT ADDITION/AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS= Approve a contract addition in the amount of $30,000 with Aquifer Maintenance & Performance Systems, Inc. (AMPS) to increase the annual budget amount for well rehabilitation and replacement from $30,000 to $60,000.00, with funding from 442-5178-536-61.82 (R&R - Well Rehabilitation and Replacement). 8.L. Pb-RCHASE APPROVAL/EQUIPMENT REPAIRS AT WATER TREATMENT PLANT= Approve the purchase of parts and labor in the amount of $13,734.40 from Southland Controls Company, sole source provider, for equipment repairs at the Water Treatment Plant, with funding from 441-5122-536-46.20 (Water Treatment & Storage/Equipment Maintenance). 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS= Accept the actions and decisions made by the Land Development Boards for the period May 4th through May 15, 1998. 8.N. AWARD OF BIDS AND CONTRACTS= 1. Purchase award in the amount of $19,326.90 to Martin Fence Company, via Broward County contract, for the installation of additional fencing at Pompey Park, with funding from 334-4172-572-63.03 (General Construction Fund Pompey Park Ballfield). Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA= 9.A. REQUEST FOR MORATORIUM ON THE USE OF IN LIEU OF FEES FOR PARKING EAST OF THE INTRACOASTAL WATERWAY= Consider a request from the Parking Management Advisory Board to impose a moratorium until January 1, 1999, on in lieu of parking fees for property located east of the Intracoastal Waterway. Mr. Egan explained that the Parking Management Advisory Board's recommendation for a moratorium came about due to the fact that the current ordinance on in lieu of parking fees was last revised back in 1993. Circumstances have changed dramatically since that time, as evidenced by the very serious parking problem east of the Intracoastal Waterway. The Parking Board felt that rather than making the parking problem worse by o5/1 / s allowing any more of the in lieu of parking agreements, it would be preferable to impose a moratorium until staff has the opportunity to review the ordinance. Mr. Egan continued, however, that it is his understanding that staff intends to look at this issue right away and have a recommendation in about two to three months. There are three primary areas of concern. The first is the $6,000 dollar amount currently in place as the cost of a parking space. This figure is not realistic for a developer to go out and build a parking space. It costs more than $6,000. There is also a need to look at different areas of the City to see where land costs are more expensive and would drive up the cost of a parking space. The second issue is the financing structure that has been allowed for payment of in lieu of fees (i.e. the number of years allowed for payment), and the third issue is that there can be no 'rubber stamp' approvals for in lieu of parking fees. It can no longer be justified having developers or owners just pay a fee as opposed to providing more parking. The applications need to be looked at with a very critical eye. The use of in lieu of parking fees should only be used in true hardship cases; not where something can be done by a developer to change the size of a building so that more parking can be provided on site. Mr. Egan concluded by stating that since staff is aware of the situation and working on it, he did not feel a moratorium was necessary at this time. Mr. Ellingsworth stated that he fully agreed with Mr. Egan's comments and felt it would be appropriate to deny the request for a moratorium. Mayor Alperin inquired of staff if there are any pending applications or anticipated applications in the next couple of months? Ms. Dominguez replied that the Marriott Hotel is considering moving the restaurant down to the ground floor, although it has only been discussed conceptually. Depending on what they might want to do with the restaurant at the top, the parking may end up being a wash or it may be that they will need some more spaces which they do not have the ability to provide. She stated this is the one possibility she is aware of at this time, but clarified that it is not yet at the application stage. Mayor Alperin felt there would be no harm in imposing the moratorium, especially since the in lieu of parking fee agreements have been approved for the most part and now the City would be saying that they in all likelihood would not be approved. Mr. Egan commented that the ordinance as it is currently written gives the City Commission, as well as the other boards such as Planning and Zoning and Parking Management, the authority to deny or modify applications for in lieu of parking fees. The authority has always been there, it just has not been used. Now the applications just need to be looked at more closely to see if there is an opportunity for the development to -5- 05/19/98 be scaled back so the parking can be provided instead of accepting in lieu of fees for parking shortfalls. Mayor Alperin felt it could be argued by an applicant coming in now that the City would be treating that project differently than one which had been approved for payment in lieu of parking in the past. He felt that having the moratorium in place would be grounds not to even consider an application. Mr. Egan stated that he feels the red flag is up on this issue. The City is well aware of the problem and will be looking at it differently than it has been looked at in the past. Mr. Egan moved to deny the request from the Parking Management Advisory Board to impose a moratorium on in lieu of parking fees for property located east of the Intracoastal Waterway. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 1 vote. 9.B. REPORT ON BFI PERFORMANCE (FEBRUARY 1998 THROUGH APRIL 1998): Consider a report from staff concerning BFI's performance during the 90 day period of February through the end of April, 1998, especially as it relates to garbage and trash collection service by BFI in the northeast area of the City (Seacrest neighborhood). Lula Butler, Director of Community Improvement, stated this is a report concerning BFI's performance during the 90 day period of February through the end of April, 1998. In January, 1998, BFI had requested changes to the contract and City ordinance regulating its pick-up schedules through the City. The Commission approved the changes with the caveat that BFI's performance be monitored and reported back to the City Commission after a 90 day period. Ms. Butler reviewed a report containing data accumulated during the review period and the methodology used to acquire the data. Based on this data and staff observations, it is staff's opinion that BFI has met and performed according to the terms specified in the contract. She further stated that there continues to be problems with early set out by residents and set out at inappropriate times. This is more of an education problem, however, and not BFI's problem. The monitoring was done in a variety of neighborhoods throughout the City and BFI performed consistently on a City-wide basis. Mr. Scott Christensen, President of the Seacrest Homeowners Association, stated that he had received notice of this evaluation only yesterday and did not feel that the Seacrest Association was included in the process to determine if the changes had been successful or not. He stated that the Seacrest residents still feel there is a tremendous problem in the neighborhood, although it is primarily with early set out of trash piles. The problem began when BPI took over the contract 6 05/19/98 and the day for vegetative waste pickup in the Seacrest area was moved from Monday to Thursday. The problem has been continual and despite the best efforts of City staff, the neighborhood has not responded to the change. There are still too many piles of vegetative waste and bulk trash scattered throughout the area. Richard Bauer, Code Enforcement Administrator, responded by stating that over the last three months, BFI has performed in accordance with the contract. The company has worked cooperatively with staff and has responded to individual complaints brought to their attention. At this point, BFI is not the issue. The early set outs are the remaining problem and this is being worked on through an education process. At this point, Mr. Schmidt commented that he is a resident of the Seacrest neighborhood and he agrees the problem is one of compliance. He is convinced that if the Seacrest area went back to Monday bulk pickup and some other neighborhood went from Monday to Thursday, that neighborhood would have the same problem. He further stated it is his understanding from talking to Joe Safford, Finance Director, that there has been discussion with BFI and there will be a proposal in the budget for next year for a roving truck that would be available to pick up piles that are set out early, and that the Seacrest area would be the Monday designated area for the truck. Nonetheless, he felt that education was the biggest problem and suggested that the City send out notice of garbage pickup changes along with water bills so that residents are more likely to see and read them. Another thing he would like staff to take a look at is, if the roving truck is approved in the next budget year, that residents have the ability to call for a special pickup even if they have to pay a nominal charge for that service. At the conclusion of the discussion, it was the consensus of the City Commission that there has been a satisfactory response from BFI in terms of meeting and performing the terms and conditions specified in their contract with the City. 9.C. CONDITIONAL USE REQUEST/SELF-SERVICE STORAGE FACILITY: Consider a request for conditional use approval to allow the establishment of a self-service storage facility (Storage Ameri- ca). The subject property is located on the north side of S.W. 10th Street, between S.W. 14th and 15th Avenues, and is zoned LI (Light Industrial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. -7- 05/19/98 Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record along with a listing of pertinent documents. She stated the subject property occupies an entire city block (3.36 acres) at the northwest corner of S.W. 10th Street and S.W. 14th Avenue, approximately 450 feet east of 1-95 within the Light Industrial (LI) zone district. The property is currently vacant, and is bordered by warehouse and industrial uses and other vacant land. The development proposal is to allow the construction of a 54,800 sq.ft, self-service storage facility, a 1,000 sq.ft. associated manager's apartment, truck rental, with associated parking, landscaping and drainage. The truck rental component is to be located in the interior of the compound and is to be limited to five (5) vehicles. In terms of required findings, the project meets concurrency requirements. There is a potential issue with drainage which will need to be addressed as part of the site plan process. As to compatibility, while the land is zoned industrial, there is a residential area a few blocks away. It is felt the proposed use will be much more compatible compared to some of the other industrial uses allowed in the zoning district. Ms. Dominguez stated that the Planning and Zoning Board considered the application at a public hearing on May 18, 1998. There was an objection from the Community Redevelopment Agency inasmuch as they feel this kind of use is not an economic generator and not the kind of use which should be promoted in the industrial area. While this may be true to a certain extent, these kinds of facilities are needed and this particular property is located within a wellfield zone #1. It is very difficult to design an industrial use that would be permitted here and the proposed use is one which could work very well. The Planning and Zoning Board unanimously recommended approval of the conditional use request, subject to the following conditions: (1) Submission of a full site plan application to be processed pursuant to Section 2.4.5(F) of the Land Development Regulations, which addresses the technical comments and concerns identified during the conditional use process; (2) Submission of a subdivision plat application to be processed pursuant to Section 2.4.5(J) of the Land Development Regulations; (3) In addition to required landscape improvements pursuant to Section 4.6.16, create a landscape berm system around the perimeter of the subject property in order to lessen the visual impact of the project on the surrounding area; (4) Incorporate architectural features and variations in the facade to provide relief from the building mass and to provide a more interesting building elevation; (5) Compliance with all elements of LDR Section 4.3.3(A) - Special Requirements for Self-Service Storage Facilities; 8 05/19/98 (6) Parking in front of bay doors of individual storage units is to be temporary, for purposes of loading and unloading. At no time should these vehicles be left unattended. This also applies to the striped loading areas adjacent to the "indoor storage" building. Signage shall be provided throughout the complex clearly addressing this issue; (7) Rental trucks may not be parked in the exterior parking lot; and (8) Final project design should attempt to relocate truck rental parking further to the interior of the compound, and relocate access to S.W. 15th Avenue. Ken Thorne, applicant, briefly commented on the efforts that have been made and will be made to ensure the proposed facility meets the City's architectural and design standards. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Schmidt commented on the potential for problems with the truck rental component of the proposal, and stated he could not support allowing this use in conjunction with a self-service storage facility. Ms. Dominguez suggested adding a clear limitation to the conditions of approval that no more than five (5) rental trucks be allowed on the property at one time. This could be accomplished by modifying condition (7) above to read, "Rental trucks are limited to five vehicles at any one time and may not be parked in the exterior parking lot" It was the majority consensus of the City Commission to so amend condition (7). Mr. Egan moved to approve the conditional use request to establish a self-service storage facility based upon positive findings and subject to the conditions of approval recommended by the Planning and Zoning Board, including the additional limit on the number of rental trucks allowed on the site at any one time. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 3 to 1 vote. (Note: Mr. Schmidt stepped down for the following item. 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 9.D. REOUEST FOR RELEASE OF LIEN FROM HABITAT FOR HUMANITY: Consider a request from Habitat for Humanity to release a nui- sance abatement lien on vacant property addressed as 216 S.W. 13th Avenue. -9- 05/19/98 Lula Butler, Director of Community Improvement, stated that Habitat for Humanity is in the process of acquiring this vacant lot on S.W. 13th Avenue, and there is an existing lien which has accumulated to a little over $400.00 at this time. The City's actual out-of-pocket expense is $223.78. Staff recommends release of the lien amount over and above the City's out-of-pocket expenditure. This would be consistent with previous actions by the City Commission in support of affordable housing to waive the accumulated interest and administrative charges. Mr. Ellingsworth moved to approve release of the lien amount above the City's actual out-of-pocket expense of $223.78 as recommended by staff. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9.E. RENEWAL OF WATER SERVICE AGREEMENT WITH THE TOWN OF GULF STREAM: Consider approval of a water service agreement between the City and the Town of Gulf Stream for the City to supply water to Gulf Stream. The City Manager stated that the Town of Gulf Stream had approached the City about a new water service agreement. The current agreement between the City and Gulf Stream has about another two to three years to run, but Gulf Stream wanted to be sure, if there needed to be a change, they would have ample time to do that. The new agreement has been negotiated and approval is recommended. There are significant changes in the way the rate is calculated. Under the old agreement, Gulf Stream was charged the residential rate plus ten percent. This was rather complicated because the City's residential rate has a base charge per unit, so it was necessary for us to keep track of the number of dwelling units in the Town of Gulf Stream in order to calculate the rate. The new agreement charges at the commercial rate plus twenty-five percent (25%), which at this time will actually reduce Gulf Stream's annual charges by a little over $9,000.00 per year. Nevertheless, the Town of Gulf Stream was concerned that our City Commission in the future might be less reluctant to raise commercial rates than residential rates and there was some apprehension that they might get inordinate rate increases. The way the agreement is written is that we will charge them the commercial rate, but the rate we charge will not exceed the old rate of residential plus ten percent. Mr. Ellingsworth moved to approve the water service agreement between the City and the Town of Gulf Stream, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. -10- 05/19/98 9.F. UPDATE ON MODULAR NEWSRACK PROGRAM: Consider a report on the current status of the modular newsrack program for free publications and provide direction regarding the future of the program within the City. Assistant City Attorney Tolces stated various issues have arisen as outlined in his memorandum to the City Commission regarding the modular newsracks which have been placed in the downtown area. Staff is looking for direction from the Commission on how to proceed. Mayor Alperin stated he had asked this item be placed on the agenda because he has heard some complaints recently and feels that the Commission's intent at the time the newsrack ordinance was adopted has changed. His belief is that the Commission wanted the newspapers to create their own group and provide the modular newsracks to City standards themselves. Apparently, now they are being charged by a third party {Mr. Tom Trento of City Solutions) for the use of that space. Several publishers have complained about the rent charged and now refuse to place their publications in these newsracks. The Mayor further stated it is his understanding there is a coalition of the newspapers right now that is willing to put up their own newsracks and meet City standards. They will take care of their own expenses and there will no longer be a third party. The City Manager stated he and the Assistant City Attorney have discussed the possibility of putting out an RFP (Request for Proposal). By so doing, the new group could respond, Mr. Trento could respond, and anyone else who might be interested, and then a selection could be made. The City Manager recommended two objectives. One, the City does not want to have two sets of modular racks in the downtown area. Secondly, there are some ten to twelve other locations around the City with large numbers of newsracks and the City could be made to look a lot better if we could expand these modular racks to those locations as well. However, the current problem has to be solved first. After discussion, it was the consensus of the City Commission to request that City Solutions take its modular newsracks out since there was never any approval given for the charging of rental fees, and deal directly with the group of newspaper publishers on their plan to put in their own modular newsracks. As for the RFP suggestion, it may be appropriate to consider it in developing a future plan for the entire city. 9.G. PROPOSED SETTLEMENT/CITY OF DELRAY BEACH V. LEONARD DAVIS: Consider approval of a settlement proposal in the fore- closure lawsuit against property owned by Leonard Davis on N.W. 5th Avenue (South 30 feet of Lot 6, Block 28). Mr. Egan moved to reject the settlement proposal and proceed with the foreclosure, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. -11- 05/19/98 Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.H. RESOLUTION NO. 35-98: Consider approval of a resolu- tion requesting support from the Palm Beach County Legislative Delegation, the Florida League of Cities and the Palm Beach County Municipal League to aid the Town of Lake Park in the initial case to defend its rights to enact and enforce local codes regulating the location of pay telephones. The City Manager presented Resolution No. 35-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING SUPPORT FROM THE PALM BEACH COUNTY LEGISLA- TIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE TO AID THE TOWN OF LAKE PARK IN THE INITIAL CASE TO DEFEND ITS RIGHTS TO ENACT AND ENFORCE LOCAL CODES REGULATING THE LOCATION OF PAY TELEPHONES; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 35-98 is on file in the City Clerk's office.) The City Manager clarified that all the resolution actually does is requests the Florida League of Cities and the Palm Beach County Municipal League to assist Lake Park from a legal standpoint in defending the initial case. Lake Park is a very small city and is concerned that, alone, they may not have the resources to see the case through without outside assistance to maintain their right under their zoning ordinance to regulate the location of pay telephones. Mr. Egan moved to approve Resolution No. 35-98, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to the First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-98: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the City Code by amend- ing Section 96.16, "Certain Codes Adopted by Reference", adopting various editions of the National Fire Protection Association (NFPA) codes and deleting Section 19-3.5.6 of Chapter 19 of NFPA 101 and adopting a substitute therefore; by repealing Section 96.17, "Amendments"; by amending Section 96.46, "Aboveground Installations", to provide for conditions for aboveground tank -12- 05/19/98 installations. If passed, a public hearing will be scheduled for June 2, 1998. The City Manager presented Ordinance No. 20-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C~APTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", ADOPTING VARIOUS EDITIONS OF THE NFPA CODES AND DELETING SECTION 19-3.5.6 OF CHAPTER 19 OF NFPA 101 AND ADOPTING A SUBSTITUTE THERE- FORE; BY REPEALING SECTION 96.17, "AMEND- MENTS''; BY AMENDING SECTION 96.46, "ABOVE- GROUND INSTALLATIONS", TO PROVIDE FOR CONDI- TIONS FOR ABOVEGROUND TANK INSTALLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-98 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 20-98 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 21-98: An ordinance amending Chapter 52, "Water", Section 52.31, "Connection Charges", and Section 52.34(B), "Monthly Rates", and Chapter 53, "Sanitary Sewers", Subsection 53.130(D) (2) , "Nonresidential Commercial Units", of the City Code to provide for inclusion of water and sewer charges for eight inch and ten inch water meter service. If passed, a public hearing will be scheduled for June 2, 1998. The City Manager presented Ordinance No. 21-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 52.31, "CONNECTION CHARGES", SECTION 52 . 34 (B) , "MONTHLY RATES" , AND SUBSECTION 53 . 130 (D) (2) , "NONRESIDENTIAL COMMERCIAL UNITS" OF THE CODE OF ORDINANCES OF THE CITY OF DEL~AY BEACH, TO PROVIDE FOR INCLUSION OF WATER AND SEWER C~ARGES FOR EIGHT INCH AND TEN INCH WATER AND SEWER LINE SERVICE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -13- 05/19/98 (Copy of Ordinance No. 21-98 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 21-98 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. WIDENING OF LAKE IDA ROAD: A public hearing for the purpose of receiving public input on the widening of Lake Ida Road between Congress Avenue and Military Trail. The City Manager read into the record the following letter dated May 19, 1998, received from the Palm Beach County Engineer's office concerning additional capacity on Lake Ida Road: "George Webb asked me to write to you regarding the additional capacity of a 2-lane roadway versus a 3-lane roadway. Traffic Performance Standards defines Level of Service D for a 2-lane roadway as 14,300. It defines Level of Service D for a 3-lane roadway as 15,000. This is a 5% increase. Much of Lake Ida Road functions as a 3-lane roadway now, where there are turn lanes provided at major developments and no other driveways without turn lanes. Given the existing volume on Lake Ida Road (20,184), a 3-lane cross section would not be sufficient for the existing volume." Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Mr. Bernie Burkoff, President of Rainberry Lakes Homeowners Association, spoke in favor of widening Lake Ida Road to four lanes. With all of the additional traffic coming on to the road from new developments both inside and outside the City, the traffic situation has become extremely congested. Mr. Burkoff asked that the Commission request Palm Beach County to put the widening of Lake Ida Road back on the five year plan. Mr. Thomas Mook, President of the Sudan Homeowners Association, stated that the residents of the Sudan subdivision have generally not felt that the amount of traffic on Lake Ida Road is extreme to the point of frustration at this time. However, they would like to see a traffic light activated by need at the Davis Road intersection. -14- 05/19/98 Mr. Gerald DeFoe, Countr~ Manors, stated that all of the traffic on Lake Ida Road has become a very dangerous situation and he feels it is absolutely imperative that the road be widened to four lanes as soon as possible in the interest of public safety. Mr. Gerald Filippi, Vice-President, Board of Directors, High Point Section 4, who spoke in support of the widening of Lake Ida Road from Congress Avenue to Military Trail. The traffic has increased tremendously since the road was extended west to Hagen Ranch Road and can no longer be handled safely on only two lanes. Mr. Donald Allgrove, Rainberr¥ Lakes, spoke in support of the widening of Lake Ida Road and likened the situation to that of an hourglass. He noted there is a severe problem with exiting left out of the Rainberry Lakes development and felt that the road widening might provide some relief. Mrs. Bina Solowa¥, Rainberr~ Bay, stated her bedroom window is only 25 feet away from where a traffic lane would be if the road is widened and asked if a sound barrier wall would be constructed? On the other hand, there is already a problem with noise from illegal businesses on Lake Ida Road late at night and if the road widening will get rid of this problem, she supports it. Mrs. Florina Logan, 3111 Lake Ida Road, stated that any road widening would bring the road right up to her master bedroom window and some tyge of wall would have to be built to block out the noise and fumes from the traffic. Mrs. Leslie Strickland, Treasurer of the Villas of Rainberr¥ Lake Homeowners Association, spoke in support of the widening of the Lake Ida Road. With the road opened up to the west and all of the development that is going on and will go on in the future, Lake Ida Road is a major east/west artery and needs to be recognized as such because there are tremendous traffic problems. Mrs. Ruth Silverman, Villas of Rainberr¥ Lake, stressed the problem of getting out of her development, particularly when turning left to go east. She suggested that along with the widening, a traffic light at Davis Road would also be very helpful. Mr. Clifford Durden, President of Chatelaine Homeowners Association, spoke against the widening of Lake Ida Road at this particular time. While it may be inevitable at some point in the future, right now it is not in the best interests of the people who live along the road. At the present time the County has indicated that it does not have enough money to do the whole segment and he felt it would only compound the problem to only do -15- 05/19/98 a part and leave the rest instead of waiting until enough money is available to do the whole thing° Mr. Richard Handel, Rainberry Bay, spoke in support of the road widening, principally to eliminate the bottleneck. He, too, felt that the intersection at Davis Road should be looked at to see if something can be done there as well. Mrs. Lucille Steiner, Rainberry Bay, stated she is in favor of the road widening for the entire segment of Lake Ida Road from Congress Avenue to Military Trail. Mr. Cesar Gomez, Rainberr¥ Lake, stated that the Commission needs to act now to ask the County to put the Lake Ida Road widening back into the five year plan because by the time the project is programmed and funded, the traffic situation will have deteriorated to where residents cannot get in and out of their homes and developments. Mrs. Alice Finst, 707 Place Tavant, stated she is not in favor of the proposed road widening. Some things need to be done now to fix some of the problems, such as traffic signals and traffic calming measures such as have been installed on Lake Ida Road west of Military Trail. Once these things are done, then it will be easier to see if the four lanes are really needed. Ms. Ilyne Cooper, Rainberry Bay, stated that the traffic on the road is only going to become heavier with future development and she felt that something needs to be done now to address the problem. The project needs to go back on the County's five year plan so that the work can be scheduled and get done. Mrs. Norma Bannoura, 4130 N.W. 10th Street, spoke against the proposed road widening. This stretch of Lake Ida Road is surrounded by residential communities and to widen the road would only create a freeway through the neighborhood. She felt that widening the road would not ease the traffic, but would only encourage more people to use the road and increase the traffic. Mrs. Bannoura felt the road should be treated as a residential street by slowing down the traffic to 35 mph and enforce the speed limit. This would discourage people from using it as a cut-through and would leave the residential community intact. Mr. Jason Brewster, 2712 Lake Ida Road, stated that the homes which front on Lake Ida Road are already close to the road and have to put up with all of the traffic and noise. To widen the road would make those homes unliveable since it won't help ease the traffic, but only increase it. He urged the Commission to work on slowing down the traffic on Lake Ida Road and use traffic calming measures. -16- 05/19/98 There being no one else who wished to address the City Commission, Mayor Alperin declared the public hearing closed. Discussion by the Commission followed. Mayor Alperin stated that he does not feel widening this segment of Lake Ida Road is in the best long term interests of the City. When the roads east are widened to increase capacity, this will open up a lot of land to the west to development and there will be all that many more people on the road. Four-laning is not the long term solution to the problem. It may help for a few years, but not for very long. Mayor Alperin felt it would be preferable to try to solve the problem with traffic lights and traffic calming measures. Mr. Ellingsworth commented that some options other than four-laning have been raised as possible solutions to the problems that exist on Lake Ida Road. He felt the City should ask the County to look at these alternatives very closely to see if they would be the better approach to addressing this segment of Lake Ida Road. Mr. Egan concurred with Mayor Alperin in that widening the road might be the 'quick fix' solution to the problem for a couple of years, but ultimately it will just open the doors to developers and a few years after that we will be in the same situation. There is a problem and it needs to be addressed, but he would prefer to have alternatives other than four-laning looked into by the County. Mr. Schmidt stated that he, too, felt that alternatives other than widening need to be looked at because if this road is turned into a County collector all the way through, there will be a boom in the west that will make the problems now pale. At this point, Mr. Georqe Webb, County Engineer, stated his office would be glad to take a look at some alternatives such as a traffic light at Rainberry Lake and whatever else might be appropriate. Depending on what the City would like the County to do, they will consider suggestions and look at other options to try to help solve the problem. Mr. Ellingsworth moved to ask the County to investigate alternatives other than four-laning Lake Ida Road in an effort to address some of the problems that have been presented at this public hearing. 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. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.B. REOUEST FOR SIGN CODE WAIVER/OCEAN CITY LUMBER COMPANY: Consider a request from Ocean City Lumber Company for a waiver to the provisions of LDR Sections 4.6.7(C) (1) and (E) (7) to allow a free standing directional sign that exceeds the maximum size -17- 05/19/98 permitted by code and to allow the sign to be erected off premis- es. Lula Butler, Director of Community Improvement, briefly reviewed the waiver request with the Commission. She stated that the sign request was formally reviewed by the Site Plan Review and Appearance Board on April 29, 1998, at which time the Board voted to support the waivers to the applicable sections of the code with the condition that the proposed sign be reduced from 121 sq.ft, to 80 sq.ft, and be issued as a temporary sign, allowed to be up for a maximum of 18 months (must come down by January 1, 2000), with any extension of time to require a new application. Janet Onnen, President, Ocean City Properties, addressed the City Commission concerning the basis for the waiver request, noting that the complex is unique to the area and its survival is directly related to the consumer's awareness that there is more to downtown than Atlantic Avenue. It is essential that tenants have exposure to the foot and vehicular traffic of Atlantic Avenue. The complex was originally thought to draw larger tenants using 5,000 to 12,000 square feet of space. However, the market demand for smaller spaces of 600 to 1,200 square feet has brought in the unique small shops primarily dependent on walk-in traffic. Ms. Onnen stated that as the Pineapple Grove Main Street plan is implemented and directional signage for the entire downtown corridor is developed, the need for off-premises signs will diminish. However, the tenants need the exposure now; hence, the waiver request. Ms. Onnen then presented a rendering of the proposed 80 sq.ft, sign for Commission review. Mr. Egan commented that staff is now in the process of reviewing and recommending changes to the current sign code. Assuming that the new sign program is completed within the 18 month time frame or sooner, he asked Ms. Onnen if she would be willing to bring the sign into conformance with the new regulations? Ms. Onnen stated she would be willing to bring the sign into compliance with the sign program as it is developed. At this point, Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Dan Carter, Chairman of the Site Plan Review and Appearance Board, stated that SPRAB fully supported the waiver request and did address the precedent-setting aspect by including a time certain for the disposition of the sign. Helen Coopersmith, resident of Hiqh Point, stated that the Ocean City development is something unique and different in the City and the rules sometimes need to be bent a little bit in order to help new things work out and realize their potential. She encouraged the Commission to support the waiver request. -18- 05/ 9/98 Bill Wood, President of the Chamber of Commerce, addressed the Commission in support of the proposed sign code waiver. He felt it to be wholly justified and of tremendous benefit to the people who have invested in this project who are trying to get through the initial phase of becoming established businesses in the City. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Ellingsworth moved to approve the sign code waiver, based on positive findings and subject to the recommendation of the Site Plan Review and Appearance Board, and with the caveat that if staff is ready with new sign regulations before the 18 month time period is up then the sign would be reviewed again in accordance with those regulations. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 19-98: An ordinance amending the Laver's North SAD (Special Activities District) by re-establishing the total approved unit count at 610 residential dwelling units, through the transfer of four residual units from The Vinings development to the southwest corner of the Layer's North SAD to accommodate a proposed 64 unit apartment building to be known as St. Tropez at Delray Beach. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 19-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80, AND AS SUBSEQUENTLY AMENDED BY ORDINANCE NO. 21-95 AND ORDINANCE NO. 34-96, BY RE-ESTAB- LISHING THE TOTAL UNIT COUNT APPROVED FOR THE LAVER'S NORTH SAD AT 610 RESIDENTIAL DWELLING UNITS THROUGH THE TRANSFER OF FOUR DWELLING UNITS FROM THAT PORTION OF THE SITE PLATTED AS 'THE VININGS AT DELRAY BEACH' TO THE VACANT PARCEL OF LAND AT THE SOUTHWEST CORNER OF THE LAVER'S NORTH SAD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-98 is on file in the City Clerk's office.) The Assistant City Attorney read the caption of the ordinance. He stated this item would be conducted as a quasi-judicial public hearing which allows for presentations by -19- 05/19/98 all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. She stated that the Planning and Zoning Board considered this matter at a public hearing on April 20, 1998, and voted 5 to 0 to recommend approval, based upon positive findings and subject to the conditions set forth in Ordinance No. 19-98. Doak Campbell, attorney representinq the applicant, stated that the subject application represents the final residential component of the Laver's North Special Activities District. With its development, the property will be built out including proper landscaping and maintenance. There is no increase in the density anticipated by the original approval, and consequently no increase in any of the impacts associated with the completion of this project. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 19-98 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. Prior to roll call, Mayor Alperin clarified that a condition of approval contained in the ordinance is that improvements to the fountain be made either through repair of the fountain or replacing the fountain with landscaping, and that this will be completed prior to the issuance of any building permits for the apartment project. He further stated that he wished to make it part of the record that the four residual units from The Vinings are being moved to this project only and will not be allowed to be used anywhere else on the property. There will be no future reconsideration of the maximum number of units approved and allowed on the site. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. In response to the inquiry at the May 5th meeting regarding landscaping requirements for property on N.E. 22nd Street, the City Manager stated that the property owner was noticed on March 23, 1993, for non-compliance under the minimum landscape code, and received a formal violation notice in -20- 05/19/98 December, 1993. A formal hearing was scheduled before the Code Enforcement Board in June of 1997, from which the property owner requested a time extension. He submitted plans in December, 1997, for a site plan modification for the construction of a paved parking lot with landscaping and drainage. Apparently, this is where part of his concern arose because the minimum landscaping requirements for an existing building are different than they are if you change your site which is what he triggered with the parking lot construction. His confusion may have been related to the fact that his original notice from the City was regarding landscaping, but the construction of the parking lot triggered a site plan modification. In reviewing the situation, staff does not believe that conflicting information has been provided, but rather the confusion has resulted because of the difference in requirements for the two different circumstances. In response to the inquiry about the unsightly appearance of properties along the north side of Old Germantown Road, the City Manager reported that staff inspected the area and noted two properties that require maintenance. Both Fine Realty and Crosswinds were cited for overgrowth along the right-of-way. In the past, staff has contacted Crosswinds relative to maintaining the right-of-way area and they have been cooperative. The Fine property also has been maintained in the past, but does require maintenance as of this date. Staff will follow up on both violations to insure that they are corrected. In response to the property owner on N.W. 12th Street where the City is narrowing the road and he has a paver block driveway, the City Manager stated that under the requirements in the Land Development Regulations the City will pay whatever we would have paid to put in an asphalt driveway. The difference in cost between that and the paver blocks would be the property owner's responsibility. The City Manager then stated that Palm Beach County contacted us last week concerning the results of a study about protected left turn movements at the intersection of Swinton Avenue and Lake Ida Road. The County indicated that the protected left turn arrows are warranted and that the work of installing them should be completed in approximately three months. 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, requested a progress report on what is happening with the appearance of the Marine Way (blue) building on Lake Ida Road. Mrs. Finst then expressed concern about the City parking lot on the north side of the Marriott hotel located at the northwest corner of A1A and Atlantic Avenue. She commented that it appeared to her that hotel guests were using the public parking and asked if we have some kind of agreement where we are -21- 05/19/98 charging the hotel for the use of a City parking lot? She stated that neither the gate nor parking meters have been installed and there is nothing to control who is using that parking lot. She felt that the City should be getting some revenue out of it since it is supposed to be a public parking lot even though that does not seem to be the actual use. In response, the City Manager stated that the gate has been ordered and is being fabricated; the meters have also been ordered and are expected to be installed in the near future. As for the Marine Way building, the Manager commented that it is in the code enforcement process although he would get an update on it and report back on the status. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Egan had no comments or inquiries. 13.C.2. Commissioner Schmidt stated he had received a call from the President of Delray Place Condominium Association which is located on the south side of S.E. 10th Street, between Dixie Highway and Federal Highway, directly adjacent to the property with the Hurricane Pines scrub parcel. It seems there is a group of vagrants or squatters who have set up camp in the scrub parcel. The Delray Place residents say they have reported it to the Police and Code Enforcement, but apparently the vagrants are starting to harass the residents of the condominium, including throwing rocks at their vehicles as they go in and out of the development. Mr. Schmidt asked the City Manager to have something done about rectifying the situation. Mr. Schmidt then stated that he was contacted by the head of the Fire Department Union last week who expressed frustration at the Commission's vote to not meet, either individually or collectively, with Union members. They are taking the position that Commission members are free to talk to them up until the time that the Special Master might rule, and asked that this be brought to the Commission's attention to see if the Commission might want to rethink its position on this matter. Mr. Schmidt stated that if the statute does, in fact, not prohibit the Commission from discussing issues with the Union, he personally would have no objection to it. -22- 05/19/98 The City Manager commented the problem is that frequently if Commissioners do that, management is undermined and the Union, instead of negotiating with management, will end run management all the time and negotiate with the Commission. He further stated that legally the Union may be correct, although he does not consider it legally appropriate because of the fact that after the Special Master process, the Commission has to make the ultimate decision. It was the majority consensus of the City Commission not to change its position to not discuss issues directly with the Union. 13.C.3. Commissioner Ellinqsworth had no comments or inquiries. 13.C.4. Mayor Alperin stated it was his understanding there was considerable discussion at a Site Plan Review and Appearance Board meeting about the red color at the Wolfie's restaurant which is getting ready to open at the old Checker's location on Linton Boulevard. He commented that he did not remember seeing anything come past the Commission concerning Wolfie's or the change in color, and asked the City Manager to check on when the restaurant received approval. There being no further business, Mayor Alperin declared the meeting adjourned at 8:10 p.m. /City Cl~rk' ' ' The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of May 19, 1998, which minutes were formally approved and adopted by the City Commission on Ot~gt~ /ggF , 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. -23- 05/19/98