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06-02-98 JUNE 2, 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, June 2, 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 the Reverend Nancy Norman, Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda ADproval. Mr. Schmidt moved to approve the agenda as submitted, 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 May 19, 1998, 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. 6. Proclamations: 6.A. Code Enforcement Officers Appreciation Week - June 15-19, 1998. Mayor Alperin read and presented a proclamation in recognition of Code Enforcement Officers Appreciation Week to be observed June 15-19, 1998. Mr. Jerry Sanzone, Chief Building Official, came forward to accept the proclamation on behalf of the City's Code Enforcement Division. 6.B. Reco~nizinq and commending Tommie L. Osborn for his achievements while representinq the City of Delray Beach at the Firefi~hter Olympics and the Police and Firefighter Games. Mayor A1perin read and presented a proclamation recog- nizing and commending Firefighter Tommie L. Osborn for his exemplary representation of the City of Delray Beach and congrat- ulating him on his superior achievements. Mr. Osborn came forward to accept the proclamation and thanked the Commission for the recognition. 6.C. Recognizing and commendinq Paul Smith, Police Depart- ment Volunteer, selected as a winner of the 1998 JC Penney Golden Rule Award for his outstanding contributions in the area of volunteerism. Mayor A1perin read and presented a proclamation recog- nizing and commending Paul Smith on his selection as a winner of the 1998 JC Penney Golden Rule award for his outstanding contri- butions in the area of volunteerism and for his dedication and devotion to the success of the Delray Beach Police Volunteer Program, particularly in the area of the Marine Patrol Unit. Mr. Smith came forward to accept the proclamation. He expressed his pride and appreciation for having received it and thanked the City Commission for the recognition. He also thanked Police Chief Overman and other members of the department, espe- cially Officer Skip Brown for being his mentor. He then inquired as to the status of the City's request to the State for "No Wake" signs to be posted along the Intracoastal Waterway from the south end of town to north of Veterans Park? Mr. Smith stated this is something that is urgently needed and should be followed up on. 7. Presentations= 7.A. Brahm Dubin - Conceptual Proposal for Chris Evert Pro/Celebrity Tennis Tournament. Mr. Dubin presented an overview of the Chris Evert Pro/Celebrity Tennis Classic which is proposed to be held at the Delray Beach Tennis Center on October 24-25, 1998, with related festivities being held at the Boca Raton Resort & Club. The Tennis Classic draws about 4,000 people per day, or roughly 8,000 for the two day event. It will be nationally televised on ESPN in a one hour highlight show, and is under the direction of IMG, the world's oldest and largest sports marketing organization. As part of contract negotiations, Mr. Dubin suggested the City move its annual donation to the Drug Abuse Foundation over to the Tennis Classic (in the amount of $25,000). With the State matching funds, it becomes $50,000 for the Drug Abuse Foundation. In the contract, the City would provide the PA system, the restrooms, signage and parking, with IMG to run the tournament. The benefits to the City would be recognition as the host site, 2 6/02/98 City logo and name on all print, radio and TV media, City name in all press releases, a page in the official Classic program, mentions on TV telecast, and complimentary tickets to various events. Mr. Dubin asked for the Commission's conceptual approval and the OK to proceed with negotiating a contract through the City Attorney's office. Once finalized, the contract will be brought back to the City Commission for formal approval. It was the consensus of the City Commission to support the proposal, with direction to proceed with contract negotia- tions. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 36-98: Approve a resolution vacating and abandoning N.W. 3rd Court lying between NoW. 5th Avenue and N.W. 6th Avenue, based upon positive findings and subject to acceptance of a replacement easement. The caption of Resolution No. 36-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE RIGHT-OF-WAY FOR N.W. 3RD COURT LYING SOUTH OF AND ADJA- CENT TO LOT 6 AND LOT 21, RE-SUBDIVISION OF BLOCK 17, DELRAY BEACH, FLORIDA, RECORDED IN PLAT BOOK 21 AT PAGE 90 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. (The official copy of Resolution No. 36-98 is on file in the City Clerk's office.) 8.B. ACCEPTANCE OF EASEMENT DEED ASSOCIATED WITH RESOLUTION N0.36-98= Accept an easement deed granting a replacement ease- ment 10 feet in width for utilities purposes lying within the right-of-way for N.W. 3rd Court proposed for abandonment via Resolution No. 36-98. 8.C. FINAL PLAT APPROVAL/FOUNTAINS AT DELRAY BEACH= Approve the final boundary plat for Fountains at Delray Beach, a proposed mixed use (multi-family residential and commercial) subdivision. The subject property is located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. 8.D. FINAL PLAT APPROVAL/ATLANTIC CENTER= Approve the final boundary plat for Atlantic Center, a proposed industrial subdivi- sion, being a replat of Tract "G" of Delray Park of Commerce. The subject property is located at the northeast corner of Lake Ida Road and Congress Avenue. -3- 6/02/98 8.E. DIGITAL BASE MAPS FOR BARRIER ISLAND/JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER: Approve a joint venture with the Palm Beach County Property Appraiser and authorize the Mayor to sign an agreement with ADR, Inc. for digital photogram- metric base maps of the barrier island; with funding in the amount of $16,802.73 (City's share) from 448-5411-538- 63.90 (Stormwater/Other Improvements) and 441-5161-536-63.90 (Water & Sewer/Other Improvements). 8.F. CLOSE-OUT CHANGE ORDER AND REQUEST FOR FINAL PAYMENT FROM EAGLE TANK/ELEVATED TANK REHABILITATION PROJECT: Approve Change Order #2 (Final) in the amount of $2,406.38 and final payment in the amount of $19,716.39 to Eagle Tank for completion of the .5 MG Elevated Tank Rehabilitation project, with funding from 442-5178-536-61.79 (Renewal & Replacement/Elevated Tank Rehabilitation). 8.G. CHANGE ORDER TO ORIGINAL PURCHASE ORDER WITH AST INSPECTION SERVICES/ELEVATED TANK REHABILITATION PROJECT: Approve a change order in the amount of $9,244.00 to the original purchase order with AST Inspection Services for additional inspection services associated with the .5 MG Elevated Tank Rehabilitation project, with funding from 442-5178-536-61.79 (Renewal & Replacement/Elevated Tank Rehabilitation). 8.H. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $14,000.00 for an eligible applicant under the Delray Beach Renaissance Program, with funding in the amount of $4,000.00 from 118-1924-554-83.01 (SHIP) and $10,000.00 from 118-1923-554-83.01 (HOME). 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 18th through May 29, 1998. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to CSR Rinker Materials for the purchase and delivery of Ready Mix Concrete at an estimated annual cost of $27,850; with funding from 001-3113-541-53.90 (Street Maintenance/Other Road Materials) and various Capital Project accounts. 2. Contract award in the amount of $23,150 to S&F Construction, via Palm Beach County School Dis- trict contract, for installation and construction of a pavilion at Miller Park; with funding from 334-4173-572-63.90 (General Construction Fund - Miller Park Improvements). Mr. Egan moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; 4 6/02/98 Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR SIDE- WALK ON LAKE IDA ROAD: Consider approval of an interlocal agreement with Palm Beach County for the construction of a sidewalk segment on the south side of Lake Ida Road from Coral Way to Davis Road, and funding of up to $8,225.50 from 334-3162-541- 63.11 (General Construction Fund - R&R Swales/Sidewalks). Robert A. Barcinski, Assistant City Manager, explained that the Commission had approved a similar agreement in August of 1997. After approval of that basic agreement which was in the amount of $6,250.00, questions arose concerning the estimated costs, the need for curbing based on FDOT regulations, and maintenance responsibilities. These issues have been resolved to staff's satisfaction and the new agreement is before the Commis- sion for approval. The County will pay up to $8,225.50 which is roughly half the cost of the project. The City's cost share is $8,225.50. The curbing is not required, and the County will maintain the sidewalk once it is constructed. The City will provide the engineering and the actual construction. Mr. Barcin- ski stated he will try to move up the schedule on this project and get it installed by August, 1998, so that it will be ready for the school year. Mayor Alperin requested that on page 4, paragraph 12, of the proposed interlocal agreement that the City's liability be limited to the construction period only since the sidewalk segment will be turned over to the County for maintenance once it is installed. Mr. Egan moved to approve the Interlocal Agreement with Palm Beach County for a pedestrian sidewalk along the south side of Lake Ida Road from Coral Way to Davis Road, subject to clari- fication of the City's limit on liability to the construction period only. The motion was 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. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. BID AWARD FOR SUMMER FOOD PROGRAM: Consider approval of a bid award in the amount of $42,365.70 to Tomasso Enterpris- es, Inc., second Iow bidder, for the Parks and Recreation summer food program, with funding from 115-4924-572-49.90 through reimbursement from the Florida Department of Education Summer Food Program. Mr. Egan moved to approve the bid award for the Parks and Recreation summer food program to Tomasso Enterprises, Inc., second low bidder, in the amount of $42,365.70. The motion was -5- 6/02/98 seconded by Mr. Schmidt. 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. At this point, the Commission moved to the First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 22-98: An ordinance annexing a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue (commonly known as the Carusillo and Evans North property); providing for a small scale Future Land Use Map amendment from County HR-8 (High Density Residential - 8 dwelling units/acre) to City Medium Density Residential (5-12 dwelling units/acre); and establishing initial zoning of RM-8 (Medium Density Residential - 8 units per acre). If passed, a quasi-judicial public hearing will be scheduled for June 16, 1998. The City Manager presented Ordinance No. 22-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS MORE PARTICULAR- LY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She then stated that staff will be meeting with County staff tomorrow regarding the annexation portion of this application. 6 6/02/98 Paul Dorling, Principal Planner, stated the County has raised a concern that the proposed annexation will, in their opinion, create an enclave. The City's position is that it is decreasing an enclave, but will meet with County staff in an effort to address their concerns. Mayor Alperin then asked what will happen to the two billboards currently on the site? Mr. Dorling responded that staff will ask for their removal and it is his understanding the applicant does not have a problem with their removal. Mike Corelli, Caulfield & Wheeler, representing the DroDert¥ owner and the contract purchaser, stated that the applicant agrees to remove the billboards when the project goes to construction. Mr. Schmidt inquired why the suffix of 8 was attached to the initial zoning instead of just going with RM zoning? Mr. Dorling responded that the applicant requested the suffix be applied at this time in order to make the request more palatable. The RM-8 zoning is consistent with the suffix that was applied to the property south of the subject property which was annexed about a year and a half ago and is under the same ownership. He further clarified that 8 units/acre is the maximum and that performance standards will have to be met in order to exceed the base density of the RM zoning district. Mr. Egan moved to approve Ordinance No. 22-98 on FIRST Reading, seconded by Mr. Schmidt. 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. 12.B. ORDINANCE NO. 23-98: An ordinance amending Section 5.3.1(D), "Right-of-Way Dimensions", of the Land Development Regulations to provide that requests for a reduction of right- of-way width required for streets shall be under the administra- tive authority of the City Engineer. If passed, a public hearing will be scheduled for June 16, 1998. The City Manager presented Ordinance No. 23-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY)", SUBSECTION 5.3.1(D), "RIGHT-OF-WAY DIMENSIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE THAT REQUESTS FOR A REDUCTION OF RIGHT- OF-WAY WIDTH REQUIRED FOR STREETS SHALL BE UNDER THE ADMINISTRATIVE AUTHORITY OF THE CITY ENGINEER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 7 6/02/98 (The official copy of Ordinance No. 23-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt commented that when he was a member of the Planning and Zoning Board, it was not uncommon for a project applicant to request a reduction in the right-of-way width within the project so that, basically, more units could be squeezed into the development. He stated that he has a problem delegating the authority to make this kind of decision to the City Engineer. He felt that since the City Commission is the final approving body for final plats, that the authority for granting reductions in right-of-way width should be retained as well. On question from Mayor Alperin, the City Manager stated that under the proposed ordinance the City Commission would not have the power to appeal a reduction in right-of-way that might come through on a final plat. Paul Dorling, Principal Planner, stated that the text amendment was primarily written to address those situations where facilities can be accommodated in a smaller right-of-way in a manner that will not endanger public safety, largely for in-fill type projects on mostly built-out streets and projects in areas where the street pattern is established with 50 ft. rights-of- way. The Land Development Regulations call for 60 feet of right-of-way while most of the streets within the already devel- oped residential street network in the City are at 50 feet and would require an additional dedication. Mr. Dorling further stated that the board which acts on the site plan now has the authority to waive those dedications if it is agreeable to the City Engineer. The Site Plan Review and Appearance Board readily waives 60 foot streets in favor of 50 foot streets where it is the prevailing development pattern. Mr. Schmidt stated he would not support taking the authority away from the boards. The City Engineer would still make a recommendation one way or the other. He was concerned, at least from what he saw with the larger developments, that the City Engineer almost always went along with the request from the developer toward a reduction in the right-of-way width because technically it was acceptable, but not necessarily looking at it in terms of the density issue which is something that should be looked at by the boards and City Commission. Upon further discussion, it was the consensus of the Commission to redraft the proposed ordinance to reflect that requests for a reduction in right-of-way width associated with the development of new and larger projects continue to be re- viewed by the appropriate board whereas requests for a reduction of right-of-way width for in-fill housing or where the streets are already established could be delegated to the City Engineer. 8 6/02/98 Mr. Randolph moved to DENY Ordinance No. 23-98 on First Reading, with direction to staff to redraft the ordinance to reflect the Commission's consensus. The motion was seconded by Mr. Schmidt. 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. At this point, the Commission moved to Item 11 on the agenda. 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. In response to the questions raised at the last meeting about the parking meters and the gate at the City's parking lot adjacent to the Marriott, the City Manager reported that the meters have now been installed and the gate is scheduled for installation the latter part of next week. In response to the inquiry about the status of 1000 Lake Ida Road (the blue building), the City Manager stated that on April 28, 1998, the Code Enforcement Board assessed a fine of $1,715.00 for non-compliance with permit requirements and the City filed a lien against the property for this amount. The parking issue was presented to the Code Enforcement Board on May 22, 1998, for non-compliance. The Board gave the property owner a 90 day extension to comply, held an accrued fine of $2,700 and a daily fine in abeyance until the expiration of the 90 day extension period. The property owner has met with Planning and Zoning and Community Improvement several times about the parking, but has not yet submitted a site plan modification. 11.B. From the Public. 11.B.1. Jerry Marshall, resident of The Environment, stated he is presently a member on the City's Education Board and his term will be expiring in the near future. He will be out of town at the time the appointments will be made and asked that he be considered for reappointment. 11.B.2. Shirley Johnson, 701 N.W. 4th Street and President of the Paradise Heights Homeowners Association, stated that back at the Town Hall meeting in February she indicated she was going to work with the City in order to form a homeowners association in her neighborhood. Ms. Johnson proudly announced that the Para- dise Heights Homeowners Association has been formed, and thanked Jennifer Hofmeister for her assistance. She stated that the homeowners association has a long list of items to be worked on, foremost of which is paving and improving the City streets. She hoped that the City's work program for improving the streets in -9- 6/02/98 her neighborhood could be expedited somewhat since it is long overdue. Secondly, Ms. Johnson urged the City Commission and the relevant City boards to work hard to ensure that West Atlantic Avenue does not become a strip commercial type of corridor, but rather an extension of the redevelopment which has occurred along East Atlantic Avenue. Mayor Alperin suggested to Ms. Johnson that she might want to talk more with Clay Wideman of the Delray Merchants Association as well as sit in on some Community Redevelopment Agency meetings to get information about the type of redevelop- ment being considered for West Atlantic Avenue. 11.B.3. Jean Beer, 945 Tropic Boulevard, speaking for herself as well as Progressive Residents of Delray (PROD), addressed the City Commission with respect to funding for street reconstruction and repaving (a copy of her statement is attached hereto and made a part of these minutes). Mrs. Beer distributed maps in support of her statement to the Mayor and Commissioners. 11.B.4. Gerald DeFoe, resident of Country Manors, spoke in support of Mrs. Beer's comments and the need for good, comprehen- sive planning and follow through. He stated he had just returned from a trip to Wilmington, North Carolina, and cited it as an area where there is no apparent comprehensive planning. Having been there reemphasized to him the need to take care of areas which have not been taken care of in the past and to follow through with keeping Delray Beach up to the standard that has been set for this city. 11.B.5. Alice Finst, 707 Place Tavant, thanked the City Commis- sion for the consensus that was reached about plans for Lake Ida Road. She asked that a running progress report be provided on what is happening and the expectations for Lake Ida Road as they become known. 11.B.6. Winston Hudson, 201 S.W. 9th Street, asked how the residents in his neighborhood might become more involved with the redevelopment plans being considered for West Atlantic Avenue. He has a family member who owns property in an area where the Community Redevelopment Agency (CRA) has mentioned it may take the property by eminent domain, but the family member is elderly and does not want to move. Other people in the area don't know who or what the CRA is, and there is some feeling that the CRA is trying to push people around. Mr. Hudson felt it would be helpful to get accurate information to the people and asked that he be given some assistance in how to go about doing this. 11.B.7. Alex Speer, President of the North Palm Trail Homeown- ers Association, addressed the City Commission concerning the traffic problems in her neighborhood. One of the reasons the homeowners association was formed was to address the unruly drivers speeding through the area, throwing garbage on lawns, and causing property damage. Traffic calming devices have been -10- 6/02/98 requested, but to date nothing has been done. Ms. Speer stated that the City paid professional planners $25,000 to address issues on North Federal Highway. These professionals highlighted the traffic problems on Bond Way and suggested traffic calming devices with an illustration of how it should look. The resi- dents want the needed improvements, but now the City wants to spend even more money on a traffic count in July or August to get a true picture of the situation before anything will be done. Ms. Speer stated that professionals have already looked at the situation and suggested a solution, and the residents have signed a petition in favor of speed humps. She felt their installation should be made a top priority as all of Delray's residents deserve to have safe streets in front of their homes. At this point, the Commission moved to Item 13 on the agenda. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. In response to the inquiry about some homeless people in the Hurricane Pines scrub parcel on the south side of S.E. 10th Street, the City Manager reported that the Police Department did check the area and they were no longer there, although there was some evidence that people had been there. The Police patrol that is responsible for this part of the city will be periodical- ly checking to try to keep the problem from reoccurring and get in touch with these people to get them in touch with family members or social agencies that might be able to help them with their situation. The City Manager then stated that at this point there is only one item for the workshop meeting scheduled for next Tuesday, June 9th. That item is a report from Planning and Zoning staff and Urban Design Studios on the large home issue. There is a rehearsal for the All-America City presentation that same evening which should begin about 6:00 p.m. and which the Mayor especially needs to attend. The City Manager suggested the work session for next week be cancelled and the report on the large home issue be delayed until the July workshop. It was the consensus of the City Commission to accept the City Manager's suggestion and cancel the June 9th workshop meeting. 13.B. City Attorney. The City Attorney stated that Assistant City Attorney David Tolces will be leaving the City to take another position. His last day of work will be June 12, 1998. Ms. Ruby publicly thanked Mr. Tolces for all he has done to support her and for the excellent work he has done for the City. -11- 6/02/98 Mr. Tolces stated he has enjoyed his time with the City immensely and thanked the City Attorney for everything she has done for him. 13.C. City Commission. 13.C.1. Commissioner Eqan had no comments or inquiries. 13.C.2. Commissioner Schmidt stated he had been contacted by one of the merchants in the Ocean City Lumber complex about a sandwich-board sign they had been placing out on Atlantic Avenue and they had been informed that it had to be removed by a certain date. They wanted to know if there was some way they could get an extension of time to leave the sign up, especially pending the Commission's approval of the sign code waiver to allow the off-premises directional sign for the whole development. It was the consensus of the Commission not to be in favor of this request. 13.C.3. Commissioner Ellinqsworth had no comments or inquiries. 13.C.4. Commissioner Randolph expressed his thanks and appreci- ation to everyone for the outpouring of good wishes extended to him during his recent illness. 13.C.5. Mayor Alperin had no comments or inquiries. 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. 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 installations. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 20-98: 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 DELRAY BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", -12- 6/02/98 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 INSTALLATION; 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 City Attorney read the caption of the ordinance. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to address the Commis- sion, the public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 20-98 on Second and FINAL Reading, 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. 10.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. 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. 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~Y 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. (The official copy of Ordinance No. 21-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -13- 6/02/98 Mayor Alperin declared the public hearing open. There being no one from the audience who wished to address the Commis- sion, the public hearing was closed° Mr. Egan moved to adopt Ordinance No. 21-98 on Second and FINAL Reading, seconded by Mr. Schmidt. ~on 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. There being no further business, Mayor Alperin declared the meeting adjourned at 7:05 p.m. ~City-C~rk ATTEST: 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 June 2, 1998, which minutes were formally approved and adopted by the City Commission ~Citf C~erk - NOTE TO RE~ER: If the minutes you have received are not com- pleted 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. -14- 6/02/98 Funding for Street Reconstruction and Repaying Road reconstruction and repair has been severely unfunded for over thirty years. When we did the Decade of Excellence Bond Issue some of us insisted that we must do something to rectify the situation. The total money expended by the bond issue money for street reconstruction was $3,879, 691. The first phase consisted of approximately two million dollars and of that money according to the best information I have been able to obtain three fifths of the money was spent on areas outside of the C.R.A. and two fifths of it was spent in the C.R.A. I have not been able to obtain a list of the streets that were completed in the second phase of the bond issue which was $1,725,687. In 1995, the Comprehensive Plan listed $6,970,900 in unmet needs for street reconstruction. Since that time I have not been able to get a more current assessment of the unmet needs for street reconstruction. Of this $5,688,500 was for shell rock roads and $1,231,000 was for the reconstruction of existing roads. None of this work has been done. You may consider shell rock roads are to be developed by developers, however there are some that will never be done where development akeady exists. It's time to take another look at them. As for the million two amount that does not begin to cover the needed reconstruction. There are eight streets and intersections that are in need of total reconstruction and over thirty that have moderately excessive defects and over sixty five that have moderate defects. It is interesting that we make developers meet standards that we ourselves do not maintain. Please take these maps home and they will tall you the story in detail. It would be helpful if we could have more than a map to determine the total cost of bringing all our streets up to the level of no or minimal defects at the very minimum have a target date for doing so. I do not see this in our long range capital plan. The five year capital improvement budget sets aside $300,000 a year until the year 2002.. This is supposed to cover both resurfacing and reconstruction. We have 191 miles of streets in this city. $300,000 from my calculations will repave approximately 3 miles of city streets. Does this mean that our streets will be resurfaced every sixty years? I am told that many of our streets are in such good condition that they can go at least twenty years without being repaved, but in my opinion no matter how you figure it, we are not allocating sufficient funds to take care of just maintaining the streets that are properly constructed. I was told by the city engineer that there was road reconstruction money in the stormwater sewer and water and sewer budge but I could only find five city streets in those plans. Good streets are not "goody" items that everyone can point to and take bows for but they are an essential ingredient in the development of better neighborhoods. Neighborhoods should have in- formation available to them as to when they can expect improvements in their area. Read into the record by Jean Beer at the June 2, 1998, City Commission regular meeting (attached to the official minutes and made a part thereof).