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01-25-97 JANUARY 21, 1997 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, January 21, 1997. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph 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 Pastor Michael McClure, West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda ADDroval. Mr. Egan moved to approve the agenda as submitted, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - 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. Randolph moved to approve the Minutes of the Regular Meeting of January 7, 1997, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve the Minutes of the Special Meeting of January 14, 1997, seconded by Mr. Elling- sworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 67 Proclamations: 6.A. National Kindness Week - February 9-15, 1997 Mayor Alperin read and presented a proclamation in recognition of February 9-15, 1997, as National Kindness Week. Ms. Joan Steigman came forward to accept the proclamation. Mr. Richard Rosenberg read a poem entitled "Make Kindness a Way of Life" in honor of National Kindness Week. 7. Presentations: None. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/VIA MARINA: Approve the final plat for Via Marina, a proposed 8 unit townhouse development to be located on the west side of Venetian Drive, between Bay Street and Nassau Street. 8..B. RESOLUTION NO. 7-97 (BEACH NOURISHMENT FUNDING): Adopt a resolution in support of State House Bill 103 relative to beach nourishment funding. The caption of Resolution No. 7-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF HOUSE BILL 103 IMPOSING A SURCHARGE ON CRUISE SHIP TICKETS FOR THE PURPOSE OF PROVIDING A DEDICATED SOURCE OF FUNDING TO IMPLEMENT A STATEWIDE BEACH MANAGEMENT PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 7-97 is on file in the official Resolution Book) 8.C. EASEMENT AGREEMENT/U.S. ARMY CORPS OF ENGINEERS: Approve an easement agreement with the U.S. Army Corps of Engi- neers for an 8" gravity sewer line on the west side of the Intracoastal Waterway between N.E. 1st Street and 1st Court. 8.D. RESOLUTION NO. 2-97: Adopt a resolution assessing costs for abatement action required to board up an unsafe build- ing at 219 Palm Trail. The caption of Resolution No. 2-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- 2 TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 2-97 is on file in the official Resolution Book) 8.E. RESOLUTION NO. 3-97: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 1026 S.W. 7th Avenue. The caption of Resolution No. 3-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 3-97 is on file in the official Resolution Book) 8.F. RESOLUTION NO. 4-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. The caption of Resolution No. 4-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- -3- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 4-97 is on file in the official Resolution Book) 8.G. RESOLUTION NO. 5-97: Adopt a resolution assessing costs for abatement action required to remove junked vehicles from six properties located within the City. The caption of Resolution No. 5-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 5-97 is on file in the official Resolution Book) 8.H. CHANGE ORDER NO. 2 TO MURRAY LOGAN CONSTRUCTION, INC. & AWARD OF BID TO DATA FLOW SYSTEMS, INC.: Approve Deduct Change Order No. 2 in the amount of $52,553.47 to Murray Logan Construc- tion, Inc. for deleting the telemetry system from the Barrier Island Pump Stations project, and award the system to Data Flow Systems, Inc. for $36,480, with funding from 448-5411-538-62.35. 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic PreServation Board during the period January 6 through January 17, 1997. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Purchase of a John Deere Model 690 LC Excavator from Neff Machinery in the amount of $131,853.74, through a lease purchase agreement with SunTrust, iow bidder, at 5.0767% for 36 months for a total of $142,427.52, with funding from 441-5145-536-64.25. -4- 2. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded to Henry Haywood as follows: $14,432.25 for 128 N.W. 10th Avenue and $17,613.75 for 814 S.W. 4th Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 3. Bid Alternate #2 award (Base Bid and Alternate #1 were approved on 1/7/97) in the amount of $29,933 to Regal Contractors, Inc. for irrigation and landscaping improvements to the 1-95 overpass at Lake Ida Road, with funding from 334-4144-572-63.31 and 334-3162-541-63.12. 4. Purchase award in the amount of $68,211.52 via Florida State Contract #250-040-96-1 to CIC Systems, Inc. for 35 Toshiba laptop computers to implement Department of Justice Bureau of Justice Assistance Block Grant project #97008 at the Police Department, with funding from 112-2172-521-64.11. 5. Purchase award to H.T.E., sole source vendor, in the amount of $63,000 for laptop computer software to implement the Department of Justice Bureau of Justice Assistance Block Grant project #97008 at the Police Department, with funding from 112-2172-521-64.11. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. SPECIAL EVENT REOUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 4-6, 1997. Robert A. Barcinski, Assistant City Manager, stated that this is the annual request for the Delray Affair to grant a temporary use permit for use of City property and rights-of-way, to allow signage to be placed more than one week prior to the event, to provide staff support for such issues as security, trash, barricade set-up, etc., and to split the overtime costs on a 50/50 basis. Staff recommends approval of the request, with the following exceptions: (1) Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property; (2) use of grounds at Old School Square needs to be approved by the Old School Square Board of Directors. Also, the City does not own --5-- the property (lot) south of SunTrust Bank parking lot; (3) grant approval of signs per code requirements, except banners, and deny use of hot-air balloons for advertising; and (4) estimated overtime total for this event is $18,000.00 to be split 50/50. Mr. Ellingsworth moved to approve the special event request for the Delray Affair as recommended by staff, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL EVFA~T REQUEST/3RD ANNUAL DOWNTOWN ART FESTIVAL: Consider a request from Howard Alan and the Joint Venture for special event approval for the 3rd Annual Downtown Art Festival to be held February 8-9, 1997. Robert A. Barcinski, Assistant City Manager, stated that this is a request for the 3rd Annual Downtown Art Festival to grant a temporary use permit for the closure and use of S.E. 3rd Avenue from Atlantic Avenue to S.E. 1st Street, to provide staff support for security and barricade set up and take down, and to authorize staff to put up event signage on Atlantic Avenue. The Joint Venture will benefit from some of the proceeds and the promoter, Howard Alan, will provide clean up, dumpsters, port-o-lets, insurance, and pay for staff overtime and barricade rental. Staff recommends approval of the request. On question from Mr. Egan, Mr. Barcinski reported that an agreement had been worked out with the Musician's Exchange regarding the valet parking issue. Mr. Egan moved to approve the special event request for the 3rd Annual Downtown Art Festival as recommended by staff, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY/ISLAM PROPERTY: Consider approval of an interlocal agreement between the City and the CRA related to the CRA's purchase of property at the northeast corner of N.E. 14th Street and Old Dixie Highway (Islam property), and repayment. The City Manager stated that this interlocal agreement was developed in response to a request from the Commission about the possibility of acquiring the property rather than have it be developed inappropriately as a convenience store site that would have been contrary to the draft plan for the North Federal Highway redevelopment area. Also, the neighborhood residents were very concerned about the development proposal. At the City's request, the Community Redevelopment Agency (CRA) contact- -6- ed the owner and eventually arrived at the agreement before the Commission this evening. Mayor Alperin commented that this is one of those instances where the money has to be spent in order to get some- thing that will ultimately help the neighborhood and the communi- ty. Mr. Egan commented that this is a good example of one of the goods things that the Community Redevelopment Agency does. There was a problem and the CRA worked with the City to solve it. On question from Mr. Randolph, the City Manager ex- plained that the CRA is purchasing the property at the request of the City. Hence, there is no interest on the loan. Mr. Ellingsworth moved to approve the Interlocal Agreement between the City and the Community Redevelopment Agency with respect to the purchase of the Islam property located at the northeast corner of Dixie Highway and N.E. 14th Street, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.D. RESOLUTION NO. 8-97/LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY: Consider approval of a resolution author- izing execution and accepting an agreement with Florida East Coast Railway Company for the lease of six (6) Railway properties for parking, roadway, sidewalk and beautification purposes. The City Manager presented Resolution No. 8-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY FOR THE LEASE OF SIX PARCELS OF LAND ON THE RAILWAY'S RIGHT- OF-WAY AND PROPERTY IN DELRAY BEACH, FLORIDA; ACCEPTING THE TERMS AND CONDITIONS OF SAID LEASE AGREEMENT; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 8-97 is on file in the official Resolution Book) The City Manager explained that the City has had this lease agreement with the FEC Railway for many years. Since a part of the FEC's property has been sold to Mouw Plaza, that portion of land that is in the old lease needed to be removed which has been done. That is the only change to the agreement and the lease charge has been reduced accordingly. Mr. Randolph moved to approve Resolution No. 8-97, seconded by Mr. Egan. Upon roll call the Commission voted as -7- follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.E. CHANGE ORDER NO. 3/GOLDEN EAGLE ENGINEERING CONTRAC- TORS, INC.: Consider Change Order No. 3 in the amount of $151,932.49 and an additional 91 calendar days to the contract with Golden Eagle Engineering Contractors, Inc. for the East Atlantic Avenue Beautification project, with funding from 442-5178-536-63.90 and 334-3162-541-61.17. Howard Wight, Construction Manager, explained that there are a few punch list items remaining to be done, FP&L has some utility poles to remove before the brick paver can be finished at those locations. FP&L has not moved as quickly as we would have liked and this has delayed the prime contractor. On question from Mr. Egan as to the date of final completion being shown as January 21, 1997, Mr. Wight explained there is some work left to be done so it is probable that another change order will be necessary to extend the contract term when all of the work is actually done to close out the contract, may be necessary to further extend the number of days in the contract. Mr. Egan commended Mr. Wight for his conduct and his patience in working with the business owners during the course of this project. Mr. Randolph moved to approve Change Order No. 3 to the contract with Golden Eagle Engineering Contractors, Inc. for the East Atlantic Avenue Beautification project, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.F. BID AWARDS FOR AUTOMOTIVE PARTS: Consider approval of bid awards to multiple vendors (iow bidders as well as lowest responsive bidders) for automotive parts, at an estimated annual cost of $22,874, with funding from various departmental operating budgets. Mr. Egan moved to approve the bid awards to multiple vendors for automotive parts, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - 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 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. Concerning the complaints about two different intersec- tions (Swinton Avenue at South 4th Street and N.W. 8th Avenue at Martin Luther King, Jr. Boulevard), the City Manager reported that Public Works is reviewing these locations, getting accident reports from the Police Department, and will schedule traffic counts as well as speed checks. It will probably take another two to three weeks to do the research to determine whether there is justification for adding signals, changing stop signs, or doing other things. Concerning the complaints about the landscaping at the Palm Tran facility on Congress Avenue, the City Manager reported that with the exception of some undersize philodendrum along the berm at the rear of the property, all of the plant materials meet the requirements indicated on the plans presented to the City Commission. The main problem is that many of the plants have lost foliage during planting, which is normal, and need time to flush out new leaf growth. In the northeast corner the landscap- ing intended to screen the overhead doors is so dense that in three to four years it will create maintenance problems since there are three rows of trees in a 30 ft. wide area. In time the silver buttonwood hedge planted along Congress Avenue for lower level screening would have developed a six foot height to cover the chain link fence. The tree canopies would take over at this height to provide upper level screening. However, County Commis- sioner McCarty visited the site last week and directed County staff to plant a ficus hedge five to six feet in height at installation to replace the silver buttonwood hedge. It is staff's understanding that the County is planning to have this hedge installed within the week. In response to Mrs. Jacinta Sobczak's wanting to remove a tree and her concern about denial of a tree removal permit, the tree is a healthy slash pine approximately 40 feet in height with a three foot trunk. The Land Development Regulations would permit the removal of the tree under two conditions. First, it could be removed if development were proposed on the subject property so that the permitted use of the property would be restricted if the tree could not be removed. In this instance, this is not the case. The tree is actually located on the adjacent property. The second condition under which a tree could be removed is if it is diseased, in danger of falling or too close to existing or proposed structures, or if it interferes with utility service or creates unsafe vision clearances. Although Mrs. Sobczak is concerned about the proximity of the tree to her child's bedroom, any tree would be within 1S feet of her house given the small lots in the Windy Creek subdivision. The house footprints in this area typically take up the entire envelope inside the building setbacks. In the planned residen- tial development zoning classification that only leaves 7-1/2 feet of land between the house and the property line. The tree -9-- is not likely to be blown over in 60-70 mile per hour winds. Above that is hurricane force winds. While there is always the possibility a tree could be blown over, it is not a high proba- bility. In short, there is no provision under the City code at this time to grant a tree removal permit for this particular tree. 11.B. From the Public. 11.B.1. Gerald DeFoe, board member of P.R.O.D. and Country Manors resident, expressed his thanks to Susan Ruby, City Attor- ney, for her fine handling of the Solid Waste Authority recycling facility case. Mr. DeFoe continued that efforts are underway to have turning signals installed at Market Square and the Publix shop- ping center on West Atlantic Avenue to facilitate left hand turns. The traffic situation is very bad and his organization will be contacting County Commissioner Mary McCarty for her assistance in this regard. 11.B.2. Alice Finst, 707 Place Tavant, expressed her apprecia- tion to County Commissioner McCarty for her assistance in having a ficus hedge planted at the Palm Tran facility on Congress Avenue. However, Mrs. Finst complained that the overhead doors at the bus facility were up the other morning as she was driving by. She thought the agreement was that the doors would stay down and the buses would not be visible from the street, and suggested the County be notified as soon as possible about this situation. Mrs. Finst then stated that the guidelines for recy- cling materials clearly state that corrugated boxes can be placed in, on or beside the bin. In the Chatelaine neighborhood, the bins are being dumped by the hauler, but boxes on the side of the bins are being left. Another problem with garbage and trash that has come up is situations where tenants or people leaving in a hurry have cleaned out their houses and dumped all type of mixed debris out in the front yard. Mrs. Finst asked how this type of situation is going to be handled? 11.B.3. Jean Beer, 945 Tropic Boulevard, stated that the Presidents Council is planning on having a meeting on the garbage situation for all of the homeowners associations in February on the third Wednesday of the month. Hopefully, there will be people from BFI and a good turnout from the homeowners associa- tions. Mrs. Beer stated that the traffic situation at Tropic Boulevard and Federal Highway is at the point where it is almost impossible to get out of Tropic Boulevard. She asked that the situation be checked to see about putting in a traffic signal. Mrs. Beer then stated that the Kawasaki dealership on North Federal Highway recently came to the Planning Department to -10- talk about getting a zoning change from GC to AC (Automotive Commercial). She noted this business has inventory on outside display in violation of the code, and felt it is because they have expanded their business into other areas, and also want to go into boats. She did not feel that a business which cannot control its inventory and which is constantly violating the code should be rewarded by a zoning change. Such a change would be in violation of the Comprehensive Plan where the City wants to get those uses out of the area between the Federal Highway pairs. Mrs. Beer further noted that most of the Planning and Zoning Board members were not enthusiastic about the change, but felt that the owner would not have gone to the time and expense of having plans drawn up if he didn't feel that he would be encour- aged to do this. Next, concerning the proposal to allow motor scooters and pedal cabs on the beach, Mrs. Beer suggested this proposal be reviewed by the Police Department. She felt it would be a very dangerous situation and hoped that before any action was taken that the Police Department be involved to discuss safety issues and potential problems with theft. ll.B.4. Jay Slavin, Rainberry Bay, expressed her thanks and appreciation to City Attorney Susan Ruby for a job well done on the Solid Waste Authority recycling facility case. Concerning the Palm Tran bus facility on Congress Avenue, Ms. Slavin commented that most of the building is painted very quietly. However, the garage doors and one side of the building are painted a garish aquamarine or turquoise color. She felt that the color draws attention to the bus depot and is much too loud. When County Commissioner McCarty recently met with PROD, it was discussed and she agreed that it is very loud. However, Commissioner McCarty asked that she hear from the neighborhood and from the city. In about four weeks, it will be done over. She also promised that there will be six foot bushes along the fence on Congress for better screening. Ms. Slavin asked the Commission to send a letter to Commissioner McCarty in support of these changes to the Palm Tran facility. 11.B.5. Kathy Stokes, 1220 Southways Street, stated that she wished to address the Commission concerning the second portion of her memorandum to the Mayor and Commissioners dated January 14, 1997, related to the viability of the Interlocal Agreement dated July 25, 1995, with Palm Beach County, specifically the City's agreement to add at least 30 new parking spaces to the Ingraham parking lot and incorporate one lane of Ingraham Avenue into the parking lot if necessary. A copy of Ms. Stokes' memorandum is attached hereto and made a part of these minutes. She expressed concern that as a part of the agreement, the City agrees to approve a site plan when the site plan cannot meet and ignores the applicable development standards of the Land Development Regulations. Ms. Stokes' also expressed concern that no forum had been provided for public input concerning the site plan, nor -11- had sufficient notification been provided in an effort to make people aware of the contemplated site plan. 11.B.6. Lynn Stokes, 1220 Southways Street, addressed the issue of the site plan for the Ingraham parking lot from the perspec- tive of the Comprehensive Plan. He felt the interlocal agreement with the County for the Sandoway House and the site plan that is a part of it violate the existing Comprehensive Plan on several grounds. He urged the City Commission to entertain as part of the next Comprehensive Plan amendment cycle some policies that establish clearly that residential metered parking on residential side streets is fundamentally a bad idea regardless of what part of the City it might be in. It goes against the long time efforts of the City to protect neighborhoods. Through the Comprehensive Plan there should be protection from things that impact the integrity of neighborhoods and disrupt the lives of the people who live in them. 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. 59-96: An ordinance enacting Chapter 135, "Abatement of Nuisances", of the City Code to provide for the establishment of a Nuisance Abatement Board. 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. 59-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW CHAPTER 135, "ABATEMENT OF NUISANCES"; PROVIDING FOR THE ESTABLISHMENT OF A NUISANCE ABATEMENT BOARD PURSUANT TO FLORIDA STATUTE SECTION 893.138; PROVIDING FOR NOTICE, HEARING, AND OPERATION PROCEDURES; APPOINT- MENT AND REMOVAL PROCEDURES FOR BOARD MEM- BERS; ENFORCEMENT AUTHORITY; JUDICIAL REVIEW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 59-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. -12- Norma Bannoura, 4130 N.W. 10th Street, felt the pro- posed ordinance is dangerous because it gives a board of appoint- ed persons the power to take someone's property, but it does not give that person the power to elect who is going to sit on the board. She stated that she is involved in the redevelopment efforts for West Atlantic Avenue and has watched the trust grow between the residents, the City, and the CRA. She felt that if a Nuisance Abatement Board is established at this time, the trust will be destroyed and the City will be set back a long way. George English, 909 West Atlantic Avenue, concurred with Ms. Bannoura's comments. He felt there is such a tremendous drug problem on West Atlantic Avenue, it will not do the City any good to establish a Nuisance Abatement Board. Lieutenant Rancour, Delray Beach Police Department, stated he has been a part of what has been happening in Delray with the community policing unit. He feels a lot of people have been misinformed in that the purpose of a Nuisance Abatement Board is not to seize property. As he understands the responsi- bility of the Nuisance Abatement Board, it will be another tool to be used in working with absentee landlords and others who seem to not care about the community. The board is necessary to inform these people what is happening on their properties and to communicate that it will not be tolerated. Alfrede Enqlish, 909 West Atlantic Avenue, expressed concern over the establishment of a Nuisance Abatement Board and feels that as a business owner, she has taken all the necessary measures to change the image of the Paradise Club. She is willing to continue to keep working with the Police by hiring them Monday through Thursday as well as the weekend if necessary. However, Ms. English stated she will not tolerate the City sending undercover Police officers into her business to purchase drugs from her customers. Nasser Bannoura, 4130 N.W. 10th Street, feels that from a business owner's standpoint, this law is unconstitutional. He stated that if there are problems on West Atlantic Avenue, there are many other solutions to the problems rather than confiscating property. Mayor Alperin declared the public hearing closed. Mr. Randolph stated he has expressed his concerns regarding the West Atlantic Avenue corridor at previous meetings and feels that the community policing effort has not worked in this area. Prior to community policing, Mr. Randolph stated there were a lot of things going on along West Atlantic Avenue, but the sale of hard core drugs like it is today was not one of them. He stated he does not feel this is the solution and he is strongly opposed to establishing a Nuisance Abatement Board. -13 - Mr. Egan felt that the Board is really designed to go after the absentee landlords who do not care and do not respond to the efforts made by the Police department, Code Enforcement, or the City. He agreed with Mr. Randolph that that the community policing effort in this area has not done everything the City had hoped, but it was a start and perhaps the nuisance abatement board will help. Mr. Egan moved to adopt Ordinance No. 59-96 on Second and FINAL Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said motion passed with a 4 to 1 vote. At this point, Mr. Randolph left the meeting. 10.B. ORDINANCE NO. 3-97: An ordinance amending City Code Chapter 71 Parking Regulations, Section 71.060 Parking Meter Permits, to remove Ingraham Avenue parking lot as a "resident only parking permit" lot, to comply with the interlocal agreement and lease agreement with Palm Beach County for the Sandoway House dated July 25, 1995. 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. 3-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.060, "PARKING METER PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REMOVING THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION ON THE INGRAHAM AVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Kathy Stokes, 1220 Southways, requested that the Commission consider approving a new ordinance that leaves "resi- dent only" beach parking permits available for a certain number of "resident only" parking spaces located in one of the other beach lots. -14 - Alice Finst, 707 Place Tavant, was strongly opposed to the proposed ordinance and stated she does not see this parcel as a piece of land that the City can trade with the County. She feels this land belongs to the residents and the rights of this parcel should not be given away. Jean Beer, 945 Tropic Boulevard, expressed concern as to why this was not made to clear to the public when this agree- ment was reached, and feels it is dreadful that residents of Delray cannot have a parking lot for residents. Mayor Alperin declared the public hearing closed. The City Manager stated that people with beach parking stickers can park in any of the metered lots and are not required to put money in the meter. This could be made a "permit only" parking lot and not install meters in it. Although this lot could not be restricted to residents, it could be restricted to permit holders only. The City Attorney stated that further research would have to be looked into regarding the beach lots and what, if any, restrictions might be imposed. Mr. Ellingsworth moved to postpone and readvertise Ordinance No. 3-97 as amended, and include the research for other options, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 4-97: An ordinance amending City Code Chapter 73 Parking Schedules, Schedule I (A) (2), (B), (D) Two- Hour/Four- Hour Parking Zones; and Schedule II Parking Meter Zones, to change certain off-street parking areas in the downtown area to 2-hour and 8-hour zones year-round versus 4 hours during the season only, and to include the Ingraham Avenue lot as a lot in which parking meters are allowed. 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. 4-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO REVISE PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA, AND AMENDING SCHEDULE II., "PARKING METER ZONES", BY ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -15- (Copy of Ordinance No. 4-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Roy Simon, 201 N.W. llth Street, feels that the hours of parking should not be limited to 2-hours because it will only penalize the shoppers who bring much of the revenue to the downtown area. Chris Brown, Executive Director of the CRA, stated that the logic behind the 2-hour time schedule is to begin to try and create a hierarchy of different time limits within the downtown area. He stated that many cities have gone to this as a parking management system where there is heavy turnaround on the short term parking. Mr. Brown reiterated that the logic of this recommendation is to create a convenience to the shoppers so that the shoppers benefit by getting the best spaces. Mayor Alperin declared the public hearing closed. Mr. Ellingsworth stated that whenever there is a change of this type, the City may lose some good shoppers in the down- town area unless the City educates them. Should this ordinance pass, Mr. Ellingsworth suggested that the City start issuing a courtesy ticket of some sort (possibly a windshield insert) explaining the reduced time limits. These courtesy tickets could be issued for a period of time before ticketing people actually begins. In addition, the City Manager suggested that these courtesy tickets could include maps or sketches indicating where the longer term parking spaces are located. Mr. Egan moved to adopt Ordinance No. 4-97 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - No; Mr. Egan - Yes. Said motion passed with a 3 to 1 vote. 10.D. ORDINANCE NO. 1-97: An ordinance rezoning a 2.55 acre parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District for Borton Volkswagen. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, immedi- ately north of Borton Volvo. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a quasi-judicial public hearing has been scheduled to be held at this time. -16- The City Manager presented Ordinance No. 1-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 1,500 FEET NORTH OF ALLEN AVENUE, IMMEDIATELY NORTH OF BORTON VOLVO, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 1-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 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. Paul Dorling, Principal Planner, entered Development File #97-20 into the record. He stated that the proposal in- volves a rezoning from GC (General Commercial) to AC (Automotive Commercial) for a 2.55 acre lot parcel located immediately north of the Borton Volvo site. The request is to allow construction of a new, full service automobile dealership for Borton Volkswa- gen. This dealership is currently co-located at the Borton Volvo site. Positive findings with respect to LDR Sections 3.1.1, 3.3.2 and 2.4.5(D) (5) are made in the staff report. In addi- tion, the proposed rezoning of the development site as a full service automobile dealership is consistent with the automobile dealership policies and the redevelopment policies for the North Federal Highway corridor contained in the Comprehensive Plan. The Planning and Zoning Board considered the proposed rezoning at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval. Mark Marsh, Architect representing the applicant, presented a brief overview of the development proposal and stated he would be happy to answer any questions. The following individual spoke in favor of the project: -17- Jean Beer, 945 Tropic Boulevard, spoke in support of the rezoning based upon the quality of the existing Borton Volvo dealership. The owner has been a good neighbor, has complied with the City's regulations concerning automobile dealerships, and she felt the proposed development would be a great improve- ment to the area. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 1-97 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 2-97: An ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District for Gold Coast Medical Center. The subject property is located at the northeast corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a quasi-judicial public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 2-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 2-97 on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 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. -18- Paul Dorling, Principal Planner, entered Development File #97-21 into the record. He stated that this item involves the rezoning of a 0.60 acre parcel from AC (Automotive Commer- cial) to GC (General Commercial) District. The property is located at the northwest corner of southbound Federal Highway and SoE. 10th Street. The site has been used as a vehicular storage lot in association with the Wallace car dealership. The rezoning is to accommodate a proposed medical office building for a walk-in medical clinic. Positive findings with respect to LDR Sections 3.1.1, 3.3.2 and 2.4.5(D) (5) are made in the staff report. Further, the project is consistent with the Comprehen- sive Plan policies related to the development of vacant lots. Development under the GC zoning classification is more appropri- ate given the property's size and vicinity with respect to residential uses. The Planning and Zoning Board considered this item at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval. The following individual spoke in favor of the project: Jean Beer, 945 Tropic Boulevard, stated that she is in favor of the rezoning because it conforms to the intent of the Comprehensive Plan with respect to taking these smaller non-con- forming uses that impact residential areas and turn them into uses that would not do so. The proposed zoning is preferable and the proposed use is appropriate for the site. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 2-97 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: None. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager In response to Mayor Alperin's comments about the landscaping along Lake Ida Road between Congress Avenue and Military Trail, the City Manager stated that the landscaping was installed at the request of adjacent homeowners associations with the understanding that they would be responsible for maintenance. This arrangement has not worked out very well. Some of the subdivisions such as Rainberry Lake and Rainberry Bay have done an excellent job while others have been remiss in their mainte- nance obligations. He felt there are three options: (1) the City can remove and replace the plants that are either dead or dying and continue to work with adjacent property owners to -19- maintain them; (2) remove them and not replace them; or (3) take on the maintenance responsibility ourselves. In response to the Mayor's inquiry about barbed wire, the City Manager stated that barbed wire is permitted in non-res- idential zoning districts. Two feet of barbed wire on top of a 6 foot or higher fence is permissible. With respect to the display of jet skis on North Federal Highway, the City Manager reported that Delray Kawasaki has an outstanding Code Enforcement Board order from the meeting of July 9, 1996, which found the business in violation of outdoor display of boat rentals, trailers and the like in their approved parking area. The Code Enforcement Board granted them 60 days at that time to submit expansion plans to the city. If the plans were not submitted, the board wanted the case brought back to them. On December 10, 1996, the board gave the owner another 30 day extension to submit their plans. In the interim, the outdoor display continues. It was the consensus of the Commission to have the City Manager draft a letter for the Mayor's signature conveying to the Code Enforcement Board the City Commission's tremendous disap- pointment with the extensions granted in this situation. 13.B. City Attorney The City Attorney expressed her thanks and appreciation for all of the kindnesses she has received with respect to the recent Solid Waste Authority case. Ms. Ruby then informed the Commission that her office has a legal extern (third year law student from Nova University) working with them at no charge through a program at the universi- ty. 13.C. City Commission Mr. Egan asked about the status of the newsrack ordi- nance and its implementation? In response, David Tolces, Assistant City Attorney, stated that the newsracks had been ordered by the newspaper companies in November, 1996. He will contact the newspapers to find out if the newsracks have come in so that the City can then make plans to install them. Mr. Tolces indicated he would coordinate the matter. Mr. Egan commented on a recent newspaper article where West Palm Beach is looking at ways to slow the traffic down and make the streets more user-friendly° He thought it was interest- ing that they are now looking at things that Delray Beach did some time ago. -20 - Ms. Kiselewski had no comments. Mr. Ellingsworth stated that at the last Metropolitan Planning Organization (MPO) meeting there was considerable discussion about the high speed rail system. The County Commis- sion has passed a resolution opposing it as have several munici- palities in Palm Beach County. Mr. Ellingsworth asked if there was interest on the Commission's part to have the City Manager get a copy of the County's resolution for review and considera- tion? The Commission concurred to have the City Manager obtain a copy of the resolution for informational purposes. Mayor Alperin commented that the blue warehouse build- ing on Lake Ida Road has all kinds of items being stored outside. Unless they are allowed to have outside storage, the business should be cited immediately. Mayor Alperin asked if the Commission was interested in directing the Planning and Zoning Board to look at removing recycling facilities from the Land Development Regulations as an allowable conditional use? He further stated that he feels conditional uses in general need to be redefined in some way so that not only do they have to meet all of the conditions which may be imposed, but also must demonstrate that the use will be an added benefit to the city and improve the quality of life. He asked that staff look into ways that the City might have greater control over conditional uses. Mr. Ellingsworth suggested that all of the conditional uses currently allowed under the zoning code be reviewed for desirability and appropriateness. It was the consensus of the Commission to direct this matter to the Planning and Zoning Board and the City Attorney for consideration. Mayor Alperin commented on the letter received from the Department of Community Affairs expressing appreciation to John Walker for the discussion paper he prepared for a recent workshop on the Evaluation and Appraisal Report (EAR) process. Mayor Alperin commented on an agreement between the City, Palm Tran and the Boca Hotel about providing a transporta- tion service for employees from economically disadvantaged areas to get to work. It is a unique agreement and the Mayor felt it would help to provide employment for a number of Delray resi- dents. Further, he felt it commendable that City staff did alot to make the program happen. The City Manager expressed concern that there was some discussion about the City subsidizing the program. Mayor Alperin stated that was not a part of the discus- sions. The Boca Hotel is to subsidize the program. All the City -21- was going to do was provide a channel through which the bus could be acquired. He would not support the program if the City was being asked to subsidize it. Mayor Alperin asked about the list of cases to be dismissed as shown on a recent Code Enforcement Board agenda. He felt the only reason cases ought to be dismissed is if there has been compliance within a reasonable amount of time. The City Attorney responded that when there is a dismissal, it is her experience that there has been compliance within the time set forth in the notice of violation or before the first hearing taking place, or a notice problem where renoticing is necessary. Mayor Alperin commented that the situation at the stone cutting site (Keystone Creations) has gotten incredibly bad. Stones and rubbish are piled on both sides of the road, with some rocks blocking part of the public right-of-way. There being no further business, Mayor Alperin declared the meeting adjourned at 8:20 p.m. City Cgerk -- 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 January 21, 1997, which minutes were formally approved and adopted by the City Commission on ~,~,~/~/j ~ /997 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. -22 - and the City Commissioners of Delray Beach FROM: Kathy Stokesg'~1220 Southways) RE: Second Reading of Proposed Ordinance 3-97 - The viability of the Interlocal Agreement dated July 25, 1995 DATE: January 14, 1997 I originally went to look into a parks and recreation issue o resident-only beach parking. What I found were problems that go to the viability of the City's Interlocal Agreement with Palm Beach County dated July 25, 1995. Before the City Commission casts its final vote on the proposed ordinances to eliminate resident-only beach parking and install parking meters in the Ingraham parking lot, I hope it will straighten out these problems in order to avoid future challenges to the Inteflocal Agreements. Resident-Only Parking Permits and the Ingraham Parking Lot The first problem with the terms of the agreement is that it contractually obligates the City Commission to ignore any public input and vote to adopt the proposed Ordinance 3-97 in the public heating on January 21, 1997. While it is simply untenable to believe that a city can use its contracting powers to dictate local legislative changes, clearly that is what has happened in this instance. As part of the inducement to the County to acquire the property for the Sandoway House on behalf of the City, the City contractually agreed to change City Code Section 71.060 in Agreement//5, page 1 of the Interlocal Agreement. When the City entered into this agreement, City Code Section 71.060 provided that the Ingraham lot was a residents-only parking lot. However, when the City contractually agreed that the Ingraham lot "shall be available for use by the general public on the same basis as residents of the City of Delray Beach," it obligated the City Commission to eliminate resident-only beach parking in the Ingraham lot from City Code Section 71.060, "Parking Meter Permits." This approach ignores the fact that the adoption of any proposed amendment to the City Code requires two public readings and a public hearing. Any arguments that the notice and procedure requirements for changing City Code Section 71.060 were met by the City Commission's deliberations held prior to entering into the Interlocal Agreement and Land Lease Agreement in July 1995 are also untenable because: (1) The City's actions in conducting two public readings and a public hearing to adopt proposed Ordinance 3-97 eighteen months after the contract was signed demonstrate that the City does not believe that the notice and procedure requirements for changing City Code 71.060 were met in July 1995. (2) The log in the City Clerk's Office indicates that the City Commission did not workshop the Interlocal Agreement. The Agreement was placed on the Regular Agenda on July 11, 1995, and the minutes show that the City Attorney's presentation did not include the issue of eliminating non-resident beach parking from the Ingraham lot. (3) If effective notice of the City's intent to eliminate resident-only beach parking had been provided in July 1995, residents who had resident-only parking permits and citizens such as myself who are concemed about maintaining beach access for city residents would have raised their objections at that time. (4) The Open Space and Recreation (OSR) section of the Evaluation and Assessment Report (EAR) which the City adopted in July 1996 (12 months after the agreement was signed) contains a list of anticipated plan amendments required to meet the needs identified through the report and the list specifically includes an amendment for "[r]etention of existing parking in the beach area" which arose after a general discussion of the importance of beach parking. As a co-chair of the OSR task team in 1989 and a member of the citizen group working on the EAR' in 1996, I can tell you that the elimination of resident-only beach parking never came to the attention of the citizen's group working on the OSR portion of the EAR. I firmly believe that John Walker of the Planning and Zoning Department supplied us with all the available pertinent material we needed for the OSR portion of the EAR. However, the Interlocal Agreement of July 25, 1995 was never brought to our attention, and it may simply be that the P&Z staff was unaware of the provisions of the agreement. The elimination of resident-only beach parking did not come to my attention until the first reading held on January 7, 1997. In addition, the Inteflocal Agreement should be considered void on its face because the City agreed to a use for this parking lot which was in conflict with a provision of the City Code in effect at the time the agreement was entered into. The City should never have entered into an agreement that the Ingraham lot "shall be available for use by the general public on the same basis as residents of the City of Delray Beach" until the City Commission had successfully enacted an ordinance to change City Code Section 71.060. This is particularly true since, based on the public input, the outcome of a vote at that time might well been to defeat such an ordinance change and retain resident-only beach parking in the Ingraham lot. As shown above, I think the viability of the Interlocal Agreement can be challenged on several grounds and that certain groups of citizens may have standing to make such a challenge. While I have done no research on this topic, it appears that, at a minimum, the residents who have parking permits have standing. In addition, there may be other affected residents who may challenge the proposed ordinance under "9J-5" since the EAR provision cited above pre-dates proposed Ordinance 3-97. In order for the City to leave the Interlocal Agreement in place and honor its obligation to eliminate resident-only parking in the Ingraham lot while avoiding a challenge to the agreement's viability, I think that the City Commission should approve an ordinance that leaves resident-only parking permits available but designates a certain number of resident-only parking permit spaces in one of the other four beach parking lots. The City Also Agreed to Add at Least 30 New Parking Spaces to the Ingraham Lot and Incorporate One Lane of Ingraham Avenue Into the Parking Lot if Necessary This Inteflocal Agreement has an even more egregious consequence. While the public heating on eliminating resident-only beach parking may not be an appropriate forum for bringing this second problem to your attention, I feel it must be raised at this time since both problems arise out of the terms of the Interlocal Agreement. The background of this issue is as follows. As a further inducement to the County to enter into the Land Lease Agreement, the City agreed (in Agreement #5 of the Interlocal Agreement) to add at least 30 new parking spaces to the Ingraham parking lot and acknowledged that this may require the modification of its existing parking lot and the incorporation of one lane of Ingraham Avenue into its parking lot. In March 1996, the County requested a site plan or a letter explaining how the 30 parking spaces would be provided. The attached site plan prepared by City's Environmental Services Department on July 11, 1996, was presented at a City Commission workshop on July 16, 1996. Consequently, as part of the Interlocal Agreement, the City entered into a contractual obligation to modify the existing Ingraham lot to add at least 30 parking spaces. In effect, this forces the Site Plan Review and Appearance Board (SPRAB), the Board of Adjustment, and the City Commission to approve a development order that cannot not meet the applicable development standards of the LDRs regardless of any public input they may receive. Prior to entering into the contract, a site plan should have been prepared and submitted to the Site Plan Review and Appearance Board (SPRAB) for review. This would have given City residents, particularly those who live within 500 feet of the parking lot, and those such as myself who are concerned about City parks an opportunity to comment. If a plan had come before SPRAB either for formal review or for informal comment, issues such as the following could have been raised: (a) traffic flow and the amount of traffic in the neighborhood if Ingraham Avenue is made a one lane, one way street westbound, (b) potential for metered parking on Ingraham, a small residential side street, (c) landscape buffering, (d) quality of the site plan compared with the other beach parking lots located within residential neighborhoods, (e) the variances that would be required to approve the plan, and (f) the notice and procedure that would be required to close a lane of a small residential side street. Instead, no plan was ever submitted in 1995 to illustrate the terms of the agreement, and I believe that there was insufficient public notification in 1995 regarding the contents of the Interlocal Agreement (and specifically Agreement//5) because the agreement was never discussed at a City Commission workshop and it was placed on the Regular Agenda. Many residents would have appeared in 1995 to testify during the City Comlnission's deliberations prior to entering into this contract if the residents of Delray Beach had aware that: (1) at least 30 parking spaces would be shoehorned into the Ingraham lot; (2) the City was contractually obligated to incorporate one lane of Ingraham Avenue into the lot if necessary to accommodate the modification of the existing parking lot; and (3) a site plan had been prepared by the City to show the terms of the agreement, including the possibility of 20 parallel metered parking spaces on Ingraham Avenue and the encroachment of 10 new parking spaces into the southern portion of the front yard (and maybe the front porch) of the Sandoway House. Finally, I believe that further evidence of the lack of sufficient notification or even awareness of the agreement to add 30 spaces and the City site plan is provided by the fact that the lease entered into in July 1996 between the City as lessor and the Friends of Sandoway House as lessee does not even include a provision to allow the City to encroach, if necessary, into the "Sandoway lot" for the ten parking spaces in the site plan subsequently prepared for the County in connection with the Interlocal Agreement. It must also be kept in mind that the Ingraham lot, according to the language of the Inteflocal Agreement, represents beach parking and not parking for the Sandoway House. In short, this Inteflocal Agreement contractually forces the City to approve a development order that requires a residential neighborhood to accept an enlargement of a public parking lot in their neighborhood no matter what it takes to accomplish its modification. Recourse for neighborhood residents and for those persons such as myself who are concerned about proper notice and adherence to the City's development standards as well as the policies established by the Comprehensive Plan and the EAR remains to be determined. It must be acknowledged that it is virtually impossible to return City residents to the same position they were prior to the Interlocal Agreement without simply abrogating the agreement. As a strong advocate for parks in the City and one of those people concerned about proper notice and adherence to the City's development standards as well as the policies established by the Comprehensive Plan and the EAR, I may be able to support a site plan for the Ingraham lot which includes a sidewalk, heavy landscaping, a wall and all the metered parking contained within the lot so it could be closed off at night the same as the other beach parking lots. However, this solution may not be acceptable to the residents who live within 500 feet of the property. It does not address the issues of one-way traffic flow into the neighborhood, reduction to one lane for Ingraham Avenue, the loss of the trees which currently buffer the existing lot, and that fact that the neighborhood residents did not receive sufficient notice of this agreement in order to be afforded an opportunity to testify before the City Commission in 1995. Attachment cc: David T. Harden, City Manager (with attachment) Susan A. Ruby, Esq., City Attorney (with attachment) Joan Baccari, Executive Director, Beach Property Owners' Association (with attachment)