Loading...
02-04-97 FEBRUARY 4. 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., Tuesday, February 4, 1997. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Karen Kiselewski 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 Dr. Warren Langer, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Ellingsworth moved to approve the Agenda as submit- ted, seconded by Mr. Egan. 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. 5. Approval of Minutes= Mr. Egan moved to approve the Minutes of the Regular Meeting of January 21, 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. 6. Proclamations= None 7. Presentations= The Commission reversed the order of presentations in order to accommodate Alberto Melis who had not yet arrived at the meeting. 7.B. David Schmidt - 20th Anniversary of Sister City rela- tionship with Miyazu, Japan. Mr. Schmidt stated that the 20th Anniversary of Sister City relationship with Miyazu happens to coincide with the 20th Anniversary of the Morikami Museum. He noted that the museum has a number of activities which are ongoing throughout the year. The 20th Anniversary of Sister City Miyazu, Japan will be cele- brated during the month of May, 1997 when Mayor Toshio Tokuta will be bringing a delegation of approximately 25 persons to Delray Beach in celebration of both anniversaries. The City has been informed that Delray Beach will receive a gift from Miyazu to commemorate the 20th Anniversary of the Sister City relation- ship. Mr. Schmidt pointed out that a rendering of the gift (a 6 ft. sculpture) was received from Miyazu (copy of which was provided for each Commissioner). Old School Square has agreed to display the sculpture in their sculpture garden. The Sister Cities Committee feels that the City should reciprocate with a gift. Mr. Schmidt stated that the committee's budget is presently focusing on student exchanges and that he was here this evening to ask conceptual approval for a return gift to Miyazu0 He further stated that several local artists have volunteered their assistance in designing a sculpture. This sculpture will provide a history of the relationship between the City of Miyazu and Delray Beach. Mr. Schmidt stated that in 1994 he had the opportunity to travel to Miyazu, Japan with former mayor Tom Lynch. At that time Miyazu dedicated a new plaza near their civic center to Delray Beach and he was hopeful that they might display our gift on the plaza. Mr. Schmidt further stated that he was here this evening to request the City's assistance to help pay for the expense of shipping the sculpture to Japan and there may be the possibility for sending the artist(s) to Miyazu to install this sculpture. Mr. Schmidt noted that he will return to the Commis- sion with more information and a sketch of the sculpture at the March 4, 1997 Commission meeting. Mr. Schmidt announced that the Sister Cities Committee, through their fund raising efforts, will be able to initiate an exchange program so that some students from Atlantic High School will be able to travel to Miyazu, Japan. The Commission granted conceptual approval in an amount not to exceed $5,000.00. At this point, Mr. Schmidt also announced that the Sister Cities Committee will be sponsoring a young artists contest in conjunction with the International Sister Cities Young Artists Contest. This art work will be on display at City Hall February 11 thru 24, 1997 and a reception will be held at 5:00 p.m., Tuesday, February 11, 1997. 7.A. RESOLUTION NO. 9-97: A resolution recognizing and commending Alberto Melis for his dedicated service to the City of Delray Beach. -2- 2/04/97 The caption of Resolution No. 9-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ALBERTO (AL) M. MELIS FOR HAVING SERVED WITH DISTINCTION AND DEDICATION TO THE CITIZENS OF DELRAY BEACH, FLORIDA, SINCE 1973. (Copy of Resolution No. 9-97 is on file in the official Resolution Book) Mayor Alperin read and presented Resolution No. 9-97 in its entirety. Mr. Randolph moved to approve Resolution No. 9-97. seconded by Mr. Ellingsworth. 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. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Supervisor of Elections to handle and canvass absentee ballots for the March 11, 1997, municipal election, and represent the City at the requisite logic and accuracy tests. 8.B. APPROVAL OF POLL WORKERS FOR MUNICIPAL ELECTION: Approve the list of poll workers secured for the March 11, 1997, municipal election. 8.C. WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION: Approve a request to execute a water service agreement in lieu of annexa- tion for a proposed planned residential development (Winterplace) on the Bennett property located at the southeast corner of Military Trail and the L-30 canal. 8.D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES: Ratify various expenditures approved by the SCRWTD Board at its meeting of January 15, 1997. 8.E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various contracts and agreements approved by the SCRWTD Board at its meeting of January 15, 1997. 8.F. AWARD OF BIDS AND CONTRACTS: 1. Bid award through the Community Development Block Grant Program to Craftman Plus, Inc. for a housing -3- 2/04/97 rehabilitation project at 516 S.W. 6th Avenue, in the amount of $8,583.75 from 118-1963-554-49.19. 2. Grant award through the SHIP and HOME programs to Craftman Plus, Inc. for a housing rehabilitation project at 239 N.W. 6th Avenue, in the amount of $14,537.25 from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 3. Bid award to Contract Connection, Inc. under the Palm Beach County School Board bid for a 20' x 40' storage shelter for maintenance equipment at the Municipal Golf Course, in the amount of $42,289 from 445-4761-572-62.10 through budget transfer from 445-4711-572-99.01. 4. Contract renewal to Vulcan Chemical Technologies, Inc. (formerly Vulcan Peroxidation, then Rio Linda Chemical Co.) for Hydrogen Peroxide used in odor control in the City wastewater system. They are proposing a contract decrease from $4.00/gal to $3.74/gal, for an estimated annual amount of $130,986.02 from 441-5144-536-52.21. 5. Bid award to Shannon Chemical Corporation for Poly Phosphate for the Water Treatment Plant, in the estimated annual amount of $52,836 from 441-5122-536-52.21. Mr. Egan moved to approve the Consent Agenda as submit- ted, 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. REGULAR AGENDA: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a waiver to the perimeter landscape requirement at the Ingraham Avenue parking lot, and accept the balance of the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period January 20-31, 1997. The City Manager stated that a letter opposing the appeal was received from Kathy Stokes dated February 4, 1997 (copy is attached hereto and made part of the Minutes). Mr. Egan moved to appeal the Site Plan Review and Appearance Board's Item %1 relative to the Ingraham Avenue parking lot, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski -4- 2/04/97 - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Ms. Kiselewski moved to file and receive the balance of the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preserva- tion Board during the period January 20-31, 1997, seconded by Mr. Randolph. 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. 9.B. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT BROWN- ING-FERRIS INDUSTRIES, INC.: Consider a request for conditional use approval to allow the installation of a communication tower on the Browning-Ferris Industries property at 1475 S.W. 4th Avenue within the I (Industrial) zone district. The proposed location is on the northeast corner of the site. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING) The City Attorney stated this item will be conducted as a continuation of a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The public hearing was opened. Diane Dominguez, Planning Director, stated that the consultant had made a presentation on communication technology at the City Commission Workshop on January 14, 1997, after which time staff was given direction to begin the process of developing a master plan. After contacting two of the three consultants which were referred, Ms. Dominguez stated that neither consultant was supportive of a master plan approach. She pointed out that other municipalities are regulating these ordinances by specify- ing which zoning districts these towers will be allowed; maximum height; distances from residential areas; and, other perimeters rather than the master plan approach. Since the moratorium expires in March, 1997, staff is working on a more traditional ordinance that will provide standards and regulations so that we can have better perimeters to review these applications and take action on them. Ms. Dominquez stated that she has a copy of Palm Beach County's proposed ordinance which is very similar to what other cities prepared. At this point, the City Attorney stated that the Commission may ask questions of the applicant or staff. Mr. Ellingsworth felt that the Industrial zone would be the most appropriate district. -5- 2/04/97 Mr. Randolph concurred with Mr. Ellingsworth and supported the proposed location. Ms. Kiselewski also concurred. Since BFI also has a telecommunication tower perhaps they could co-locate and the existing tower could be removed. Ron Mastriana, Attorney for Sprint Communication, stated that they have a planned co-location with Nextel and PrimeCo Communications and would be happy to discuss the matter with BFI. Mr. Egan noted that the purpose of going to the 150' communication tower is because of the planned co-location. The public hearing was closed. Mr. Ellingsworth moved to approve the conditional use request for a communication tower at Browning-Ferris Industries, Inc., based on the findings and recommendations of the Planning and Zoning Board, seconded by Mr. Randolph. 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 recommended that staff review Palm Beach County's draft ordinance before it is finalized so that we can see how it might impact Delray Beach. 9.C. CONDITIONAL USE REOUEST/COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL: Consider a request for conditional use approval to allow the installation of a communication tower at Plumosa Elementary School. The subject property is located at the southeast corner of N.E. 19th Street and N.E. 2nd Avenue (Seacrest Boulevard), and is zoned CF (Community Facilities) District. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING) The City Attorney stated this item will be conducted as the continuation of a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Diane Dominguez, Planning Director, stated that this item was first before the Commission on December 3, 1996, at which time it was postponed until the conditional use request for Atlantic High School is considered. She reported that the provider has agreed to co-locate on the Atlantic High School communication tower which is already in place. This particular tower is on a larger site and is further away from the residen- tial area than the proposed tower at the Plumosa Elementary School. Ron Mastriana, Attorney for Sprint Communication, stated that his company has been working with the Palm Beach 6 2/04/97 County School Board to locate on their properties. He pointed out that the School Board may still desire to proceed with a monopole tower on this site even though the Commission may desire that they co-locate with the tower at Atlantic High School. Ms. Randolph moved to continue the conditional use request for a communication tower at Plumosa Elementary School to March 4, 1997, seconded by Mr. Egan. Upon roll call the Commis- sion 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. 9.D. REQUEST FOR CHANGE OF GARBAGE SERVICE/WOODLAKE: Consider a request from the Woodlake Homeowner's Association, Inc. for a change in their garbage and trash service. Joe Safford, Finance Director, stated that the Woodlake Homeowners' Association requests that their garbage and trash service be changed from curbside rollout cart service to side door service. He noted that senior citizens have trouble with the rollout carts and they feel that the containers left at the curb while they are away during the day presents a security risk. Mr. Safford stated that this subdivision was surveyed and that 91 residents had responded to the survey requesting rollout service with 84 residents requesting curbside service. Therefore, based on that survey, they were categorized as a curbside rollout service. Mr. Safford noted that one of the issues which needs to be addressed is that the City has already paid for the 95 gallon and 32 gallon carts. Should the Commission decide to allow these residents to go to side door service and they return the carts, then there would be no method of getting repaid for those carts. He pointed out that BFI is very receptive and informed him that they have a reserve capacity; thus, they can take on this neighborhood by providing side/rear door service. However, if they find that this type of request becomes a trend, then sometime in the future they will have to get another truck, another crew, etc., and there may be escalating rates citywide. Another consideration is that it takes more time to do a side/rear door service versus curbside service. If this trend continues, then BFI will have to do some rerouting in order to absorb the additional time. Mr. Safford expressed concern that the Woodlake Home- owners' Association's survey did not properly inform residents of the fact that the rates for side door services are significantly higher than curbside rates. This might catch the residents by surprise and he was unsure if they would be willing to pay the higher rates. Another concern is that the rate structure will increase $.90 for the cart rental. He explained that the overall purpose of the rollout cart system was to provide for a standard- ized, efficient and automated pickup system, resulting in lower -7- 2/04/97 costs; and if other neighborhoods request changes, then it might impact the overall City rates and charges. Sally Eckerle, representing the Woodlake Homeowners Association, stated that residents' complaints were included in a letter written by the president of the association to the City Manager. Also, at the association's annual meeting, a poll was taken and unfortunately, when the petition came out the residents inadvertently thought it was a duplicate and did not respond. Sometimes the garbage is lifted out of the containers, the bags rip open and garbage spills back into the container. Often this results in spillage of debris onto the streets. Ms. Eckerle noted that many of the residents of Woodlake use the 32 gallon carts. She also pointed out that the subdivision has grass swells and many of the senior residents have difficulty moving these containers over these swells. It was pointed out by Mr. Safford that the 32 gallon carts can be used for either curbside or rear door service. Mayor Alperin expressed his concerns about setting a precedent in this development and the possibility of other associations coming to the Commission and also requesting chang- es. Mr. Randolph stated that BFI is understaffing their vehicles which results in a slow operation. Also, BFI's level of service does not meet the high standards of the former vendor. Mr. Stafford preferred that if any changes need to be made, they occur only once a year; are effective as of a certain date; and, that all the neighborhoods be addressed at one time. At this point lengthy discussion ensued. Mr. Safford suggested a possible alternative to this situation. Woodlake could use the curbside bags so that nothing remains once the trash is picked up. Usually senior citizens have very little refuse and the bags will be much easier to handle. Further, by using the bags, nothing remains, and it would be better for the security situation. Further, Mr. Safford will ask if BFI would be receptive to change their route for morning pick up in this particular neighborhood. It was the consensus of the Commission to have the Finance Director proceed with finding a solution. 9.E. REOUEST FROM PINEAPPLE GROVE MAIN STREET/CONVERSION OF THE ONE-WAY PAIR: Consider a request from Pineapple Grove Main Street, Inc. concerning the conversion of the one-way pair (N.E. and S.E. 1st Streets, between Swinton Avenue and northbound Federal Highway) back to two-way streets. 8 2/04/97 The City Manager stated that he had received a letter from Pineapple Grove Main Street asking for the conversion of the one-way pairs back to two-way streets again. This will involve quite a bit of staff time, including some costs for consultants and a traffic engineer to evaluate the traffic impact. Mr. Randolph expressed concern with respect to what will happen to Atlantic Avenue should the conversion take place. Mayor Alperin wondered if any businesses outside of this area would like to see the streets changed; and questioned what benefit it would be to revert the streets back to two-way. Tom Fleminq, Program Manager for Pineapple Grove, Inc., stated that the request for the conversion is very important to the merchants in the downtown area and will assist in their efforts to increase economic benefits. The indirect benefits to surrounding businesses in the community as a whole are the same as the indirect benefits that is derived from the improvements which have been made on Atlantic Avenue. As trade and commerce improves there is a natural market initiative to expand business- es to fill undeveloped properties (i.e. rents go up taxes in- crease, utility fees increase and properties increase in value, etc.). Mayor Alperin felt that more information is needed, including public opinion. We need input from the Chamber of Commerce, the Merchants Association, Homeowners Associations, PROD and the Police Department. Also, we would need to have justification to hire another traffic engineer to study this situation. After continued discussion, it was the consensus of the Commission to postpone the request to the Commission Regular Meeting of March 4, 1997, when additional information is avail- able. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS 10.A. RESOLUTION NO. 11-97: A resolution authorizing the City to purchase property at 76 S.E. 5th Avenue adjacent to the Chamber of Commerce and accepting the contract for purchase and sale; and authorizing the City to lease the property through approval of an amended and restated lease between the City and the Chamber. Prior to consideration of passage of this resolu- tion on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 11-97: -9- 2/04/97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 76 S.E. 5TH AVENUE, DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA, AND AUTHORIZING THE CITY TO LEASE THE PROPERTY PURSUANT TO THE LEASE INCORPORATED HEREIN. (Copy of Resolution No. 10-97 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated that the resolution will authorize the purchase of property adjacent to the Chamber of Commerce; and, would also amend the lease with the Chamber of Commerce. She noted that if the Commission approves the resolu- tion, the closing date is set for April 7, 1997 or sooner. Alice Finst, 707 Place Tavent, objected to the use of public funding for the purchase of the property for the Chamber of Commerce. Bill Wood, President of the Chamber of Commerce, clarified that the purchase is not directly for the Chamber of Commerce. The land that the Chamber currently occupies is owned by the City. We built the building that is on the property but when the lease runs out the City gets the building and the Chamber gets nothing. The building which is being purchased requires an investment of approximately $200,000.00 for renova- tions and the Chamber of Commerce will be making a payment to the City of $65,000.00. The reality is that the City has a true asset and it certainly justifies the public expenditure. The City Manager asked if public parking will be acquired as part of this transaction? In response, Mr. Wood stated that the Chamber of Commerce has agreed that the area behind the new building will be used for public parking. Mike Costin, resident, stated that he was curious as to the amount of the purchase price of the building. Mayor Alperin responded that the market value amount for the building is $130,000.00. -10- 2/04/97 The public hearing was closed. Mr. Ellingsworth moved to adopt Resolution No. 10-97, 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. 10.B. RESOLUTION NO. 6-97: A resolution authorizing the Community Redevelopment Agency to issue Redevelopment Revenue Refunding and Improvement Bonds in the principal amount not to exceed $7,900,000. The City Manager presented Resolution No. 6-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH TO ISSUE REDEVELOPMENT REVENUE REFUNDING AND IMPROVEMENT BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED SEVEN MILLION NINE HUNDRED THOUSAND DOLLARS ($7,900,000.00) UPON TERMS HEREINAFTER DESCRIBED; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 6-97 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Kiselewski moved to adopt Resolution No. 6-97, 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 - No. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately following Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager stated that several inquiries have been received regarding the Ingraham Park parking lot. He reported that the site plan is still undecided and the City's commitment to the County is only to add a certain number of parking spaces. At this time the location of those spaces has not been specified. The site plan which was brought to the City Commission had been previously reviewed and approved by the -11- 2/04/97 Sandoway House Board and changes which they had recommended were incorporated into the plan originally approved by staff. At one point, staff had contacted the adjacent condominium owners to the south on various proposals for doing different things with the street. Parking meters are proposed for the lot and there will be no meters on the street. He noted that there is at least one other street (one-way), which has a similar situation as parking is allowed on one side of the street for the first block from A-1-A going west. With respect to the request for a traffic light at Tropic Boulevard, the City Manager reported that the City has sent a letter to FDOT requesting that they again review the traffic at this location for the installation of a traffic light. In response to a complaint regarding the overhead doors being opened at the Palm Tran bus facility on Congress Avenue, the City Manager stated that the placement of the overhead doors was discussed by the Site Plan Review and Appearance Board after a review of the site plan. Staff had wanted the building placed on the site so that the overhead doors would not face the right- of-way; however, this was not possible because of the way the buses have to move in and out of the facility. SPRAB required additional landscaping as a condition of approval, which has been provided; however, there was no agreement to keep the overhead doors closed. The City Manager responded to a previous comment about Delray Kawasaki's request for a zoning change from GC (General Commercial) to AC (Automobile Commercial). The dealership is an existing nonconforming use. Delray Kawasaki owns the building they are currently occupying, as well as the building and parking lot on the south side of N.E. 5th Street between North and South Federal Highways. The sale of personal water craft items, such as jet skis, are allowed as a conditional use within the GC zone. He noted that the architect had prepared plans for two new buildings on the southern site in anticipation of applying for a conditional use approval to move their jet skis sales and service operation. During discussions between the property owner and Planning staff, it became apparent that what they really wanted to do is to move all their operation, (including motorcycle sales and repair) out of the existing location onto the southern parcel. Delray Kawasaki would then lease their northern building to a conforming business. The only way this can be done is to establish motorcycle sales on the southern parcel in order to change the zoning to AC. Staff has informed the owner that there will be numerous difficulties with the rezoning to AC and were not sure if staff would support the change. The City Manager noted there are some positive aspects of the proposal, especially if the use could be moved completely out of the building (which is too small and not properly zoned). The owner attended the Planning and Zoning Board Workshop of January 13, 1997 at which time the pros and cons of the rezoning were discussed. The Board had a mixed reaction, but overall they were not very supportive -12- 2/04/97 about changing the rezoning. The owner still has the option of applying for a conditional use approval for the jet ski sales but no application has been received as of this date. The City Manager stated that there were also several concerns expressed with respect to the colors of the Palm Tran facility. After discussing the matter with the architect, he has agreed to change the colors; however, they would like to wait a couple of months to get a better feel for people's reaction to the current colors. The proposed new color scheme would change the canopy and columns from aqua to a light gray, the overhead doors would remain the aqua color. The result would be four main colors: white, aqua, peach and gray (as opposed to the current white, aqua and peach arrangement which matches the colors of the buses). The City Manager noted that the existing color scheme was approved by SPRAB and the architect is aware that the new color change will also have to be approved by SPRAB. He pointed out there doesn't seem to be a great degree of opposition to the color and once the landscaping grows, the facility will be less noticeable. The City Manager stated that Palm Beach County would appreciate any comments the City Commission might have regarding the color scheme. Regarding complaints about BFI not picking up corrugat- ed cardboard, the City Manager reported that staff has contacted BFI about this matter. The cardboard will be picked up as long as the cardboard is placed next to the recycling bins. He noted that the City's Recycling Coordinator has been asked to periodi- cally review this situation and Code Enforcement will continue with educational and enforcement efforts. BFI has been more cooperative in sifting through trash piles and removing items. The City has the option of issuing a citation; however, a cita- tion will not get the trash off the streets. Through educational efforts, there has been a reduction of inappropriate loose and mixed trash piles. If not too large, the piles have been sepa- rated and bagged by neighborhood technicians when it is appropri- ate. ll.B. From the Public. 11.B.1. Jerry Marshall, resident of Woodlake, stated that during the past several months, THE PALM BEACH POST has been publishing adversary articles against the School Board. He felt the newspaper is blaming School Superintendent Kowal for all the ills taking place by the School Board. Although Ms. Kowal has not even been in this position for a year, they feel she is responsible for issues which happened prior to her tenure. Mr. Marshall felt the newspaper is purposely making the School Board look bad so that the 1 cent sales tax would be impossible to pass. He also felt that there are many good things happening within the system which are being overlooked. Mr. Marshall urged citizens to write to THE PALM BEACH POST requesting that the newspaper look at both sides of an issue and not to continue publishing just the negative issues. -13- 2/04/97 ll.B.2. Mike Cost£n stated that there are many property owners in the north corridor of the City who do not want to make im- provements to their properties. He felt that the Arrow Trailer Park should be closed by the City and strict codes should be enforced to require residents to clean up their property. He expressed concern of the fact that owners of apartment buildings are adding units without receiving permits. Mr. Costin suggested that this type of activity, particularly on North Lake Avenue, be investigated and codes strictly enforced. ll.B.3. Albert Heller, 3130 N.W. 10th Street, also voiced concern of the Palm Tran facility on Congress Avenue. He pointed out that the representatives of Palm Tran had displayed render- ings of the facility which showed berming surrounding the perime- ter of the property which would help to shield the bus depot. Mr. Heller felt that a Certificate of Occupancy should not have been issued because they did not comply with the plans which were submitted and approved. Mayor Alperin informed Mr. Heller that the City Manager will provide a written response addressing his concern. ll.B.4. Jean Beer, 945 Tropic Boulevard, asked about the status of the Delray Kawasaki dealership on North Federal Highway since they had received a board order approximately seven months ago. The City Manager stated that Kawasaki had been granted a 30 day extension. ll.B.5. Charles Rattler stated that he resides at the Jardin DelMar complex located at 200 South Ocean Boulevard and that 22 of the units abut the Ingraham Park parking lot. Mr. Rattler urged the Commission to consider alternatives to the Ingraham parking lot since it adversely impacts the neighboring residents. He stated that as president of the Jardin DelMar Association, he had not been notified of the proposal. He voiced his opposition to reducing Ingraham Avenue to one lane and creating one-way traffic flow into the neighborhood. ll.B.6. Kathy Stokes, 1220 Southways, felt that the Commission should not seek an appeal of SPRAB's action of January 22, 1997 and to deny a waiver associated with 8 additional parking spaces at the Ingraham Avenue parking lot. She felt that the 30 addi- tional parking spaces proposed for the Ingraham parking lot simply will not work. Mrs. Stokes pointed out that the Interlo- cal Agreement with Palm Beach County, in connection with the County purchasing the Sandoway House, clearly states that the 30 spaces are to be used for beach access and not for parking at the Sandoway House. She had no objection to the four spaces at the east end of the parking lot; however, they are only 18 inches from the privacy wall which provides no room to maneuver. She expressed concern with respect to security because the parking -14- 2/04/97 lot will not be locked. Mrs. Stokes urged the Commission to look for a plan of "action" and not just a site plan. 11.B.7. Doug Hay, 1108 Coconut Row, stated that his mother's house abuts the Ingraham parking lot and is just four houses away from the Sandoway House. He objected to the proposed four parking spaces proposed on the east end as they are only 18" from his mother's back patio. Mr. Hague pointed out that this small space does not even allow sufficient room to open a vehicle door; and, there are no other parking lots which have parking spaces within 18 inches of a residential home. 11.B.8. Alice Finst, 707 Place Tavant, felt that this whole issue is getting confusing as originally the additional parking was for the Sandoway House, which is why we were going to get rid of citizens parking only. Now, it turns out that the additional parking is not for the Sandoway House but just for general beach parking. She pointed out that there is plenty of space north of the Sandoway House and suggested that the whole issue should be revisited. 11.B.9. Nancy Hiebert, Secretary for the Jardin DelMar Condo- minium Association, congratulated the City on its many accom- plishments during the past 12 years. She pointed out that all 30 parking spaces do not necessarily have to be located at Ingraham Park. Also, that the 18 parallel parking spaces could be elimi- nated. (A copy of Ms. Hiebert's letter dated February 4, 1997 is attached hereto and made part of the record). 11.B.10 Lynn Stokes, 1220 Southways, was also opposed to the 30 additional parking spaces at the Ingraham Park parking lot. He emphasized that a policy of Housing Element of the Comprehensive Plan encourages preservation of the stability of residential neighborhoods. 11.B.11. Douglas Schooley, 1015 Ingraham Avenue, stated that he is very much aware of the traffic congestion at Gleason Street and Venetian Drive. He felt that it will be a total disaster if Ingraham Avenue from Ocean Boulevard is made a one-way street. 11.B.12. Jerome Miller, 200 South Ocean Boulevard, stated that his particular unit fronts the easterly gate of the Ingraham parking lot. His concerns are primarily that of security and disturbance of the peace. Mr. Miller pointed out that at least 25 times during the evening, a car will pull in making a right turn heading south on A-1-A to make a U-Turn at the gate which is closed at sundown. When these vehicles make this U-Turn, their headlights beam right into his living room. Mr. Miller com- plained that every morning he picks up beer bottles and trash which people have tossed out of their cars. 11.B.13. John Swinford, 200 South Ocean Boulevard, stated that the street is already too narrow and heavily congested; and -15- 2/04/97 making Ingraham a one-way street will only add to a potentially dangerous situation. Mayor Alperin emphasized that the Commission has no intent of imposing a neighborhood problem and suggested other alternatives be checked to see what other accomplishments can be made. 12. FIRST READINGS: 12.A. ORDINANCE NO. 6-97: An ordinance establishing the West Settlers Historic District and designating it to the Local Register of Historic Places. If passed, public hearing February 18, 1997. The City Manager presented Ordinance No. 6-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE WEST SETTLERS HISTORIC DISTRICT AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; DESIGNATING THE WEST SETTLERS HISTORIC DISTRICT TO THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 6-97 is on file in the official Ordinance Book) Although this was not a public hearing item, the following individual was allowed to address the Commission on this issue: Vera Farrington, President of E.P.O.C.H., urged the Commission to support the request to designate this area the West Settlers Historic District. Mr. Ellingsworth moved to approve Ordinance No. 6-97 on FIRST Reading, seconded by Mr. Randolph. 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. 12.B. ORDINANCE NO. 5-97: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the Code of Ordinances to allow code officers to issue Notices to Appear in County Court for code violations; and authorizing the Code Enforcement Board to assess enforcement fees upon violators even if the repeat violation is corrected prior to the scheduled hearing. If passed, public hearing February 18, 1997. -16- 2/04/97 The City Manager presented Ordinance No. 5-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR A DEFINITION FOR NOTICE TO APPEAR; AMENDING SECTION 37.36, SUBSECTION (E), TO PROVIDE THAT THE CODE ENFORCEMENT BOARD RETAINS THE RIGHT TO SCHEDULE A HEARING AND IMPOSE REASONABLE PAYMENT OF ENFORCEMENT FEES UPON REPEAT VIOLATIONS EVEN IF THE REPEATED VIOLATION IS CORRECTED PRIOR TO THE SCHEDULED HEARING, AND BY ENACTING NEW SUBSECTIONS (F) AND (G) TO PROVIDE CODE ENFORCEMENT OFFICERS WITH THE AUTHORITY TO ISSUE NOTICES TO APPEAR IN COUNTY COURT FOR CODE VIOLATIONS AND PROVID- ING PROCEDURES FOR THE ISSUANCE OF NOTICES TO APPEAR BY CODE ENFORCEMENT OFFICERS; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 5-97 is on file in the official Ordinance Book) Mayor Alperin opened the floor for public comment. The following individuals address the Commission on this issue. Jean Beer, 945 Tropic Boulevard, stated that she strongly supports the amendment and has been following this item for over eight years, since the time she served on the Code Enforcement Board. She urged the Commission to please follow up on the repeat violators, even after their violations are correct- ed. Joe Kamarata, 764 Avocet Road, also supported the amendment and felt that the regulations should be strictly enforced. Mr. Egan moved to approve Ordinance No. 5-97 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion 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. 12.C. ORDINANCE NO. 7-97: An ordinance amending the LDRs Section 4.6.5 "Walls, Fences and Hedges" relating to screening and reducing the maximum height of fences in areas which create sight obstructions. If passed, public hearing February 18, 1997. The City Manager presented Ordinance No. 7-97: -17- 2/04/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5, "WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WHERE THEY ARE DEEMED TO CREATE A SIGHT OBSTRUCTION; PROVIDING A MEASUREMENT METHOD FOR HEIGHT; RESTRICTING THE USE OF CERTAIN FENCE TYPES IN FRONT AND STREET SIDE YARDS UNLESS SCREENED BY HEDGING; PROVIDING FOR SETBACKS AND LANDSCAPING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 7-97 is on file in the official Ordinance Book) Mayor Alperin expressed concern that individuals who have small picket fences on their property might be affected by this ordinance. Diane Dominguez, Planning Director, stated that these small fences would not be affected by the change. Mr. Randolph moved to approve Ordinance No. 7-97 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion 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. 12.D. ORDINANCE NO. 8-97: An ordinance amending the LDRs revising the procedures for processing abandonments of rights- of-way. If passed, public hearing February 18, 1997. The caption of Ordinance No. 8-97 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", AND SECTION 2.4.6(0), "ABANDONMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO REVISE THE PROCEDURE BY WHICH PUBLIC RIGHTS-OF-WAY MAY BE ABANDONED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 8-97 is on file in the official Ordinance Book) The following individual addressed the Commission on this issue. -18- 2/04/97 Betty Goodman, 930 S.W. llth Terrace, stated that she has a problem as she lives on a corner lot with a large amount of land on each side of her residence. She pointed out that her property runs into the right-of-way on S.W. 10th Avenue and people toss litter onto her property. Further, that trash often blows off the BFI's trucks onto her property and she cannot afford to hire help to clear this debris. Mayor Alperin explained to Ms. Goodman that this ordinance does not really address her concern as the intent of the ordinance primarily applies to the alleyways to be abandoned so that the property owner can gain more control. Mr. Egan moved to approve Ordinance No. 8-97 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 9-97: An ordinance amending various sections of the Land Development Regulations relative to traffic statements and studies to conform with the requirements of the adopted Palm Beach County Traffic Performance Standards Ordi- nance. If passed, public hearing February 18, 1997. The caption of Ordinance No. 9-97 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3.(E), "TRAFFIC STATEMENTS AND STUDIES", SECTION 2.4.6(K), "ACCEPTANCE OF TRAFFIC STATEMENTS AND STUDIES", AND SECTION 2o4.2(C), "NOTICE TO EXTERNAL AGENCIES AND CITIZEN GROUPS", SUBSECTION 2.4.2(C) (2) (d), "PALM BEACH COUNTY TRAFFIC DIVISION", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO BE CONSISTENT WITH THE REQUIREMENTS OF THE ADOPTED PALM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE RELATING TO TRAFFIC STATEMENTS AND STUDIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 9-97 is on file in the official Ordinance Book) Mayor Alperin asked for clarification as to the intent of this ordinance. He asked if action on this ordinance would change or adopt the standards of Palm Beach County Traffic Performance Standards Ordinance. He expressed concern that the change affecting a proposed project which has a traffic genera- tion of 500/200 trips would make it easier for an applicant to be granted approval without a traffic study. -19- 2/04/97 Diane Dominguez, Planning Director, stated that the change would be the reverse, as the regulations will become stringent. She explained that previously, a developer would be allowed 500 trips without the need for a traffic analysis and it would be required with a generation of 200 trips. Mr. Ellingsworth moved to approve Ordinance No. 9-97 on FIRST Readings, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselews- ki - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 10-97: An ordinance amending Section 52.39 of the City Code by decreasing the project inspection fee for water and sewer improvements, and amending Sections 2.4.3(K) (4) (d), (e) & (f), 2.4.3(K) (5) (c) and 5.3.3(G) of the Land Development Regulations to correct inconsistencies between the LDRS and Chapter 52 of the Code of Ordinances relating to water and sewer impact, connection and user fees. If passed, public hearing February 18, 1997. The caption of Ordinance No. 10-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-97 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 10-97 on FIRST Reading, seconded by Mr. Randolph. 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. At this point, the Commission returned to the Regular portion of the Agenda. 9.F. BID AWARD/O'CONNOR & TAYLOR, INC.: Consider approval of a bid award in the amount of $1,923,399.00 and 270 calendar days to O'Connor & Taylor, Inc. as lowest responsive bidder (second low bidder) for the City Hall Envelope and Thermal Energy Project, with funding in the amount of $1,551,996 from 334-3431-519- 62.10 through budget transfer from 31.30, and $371,433 through line of credit agreement authorized by Resolu- tion on 11-5-96. The City Manager stated that the City received four bids on the City Hall Envelope and Thermal Energy Project. He pointed out that one thing about this particular bid was that the bidders were requested to submit an analysis of their con- -20- 2/04/97 struction schedules along with costs. After meeting with the low bidder, it was discovered that that it would be impossible to complete the required scope of work within the time frame as outlined in their bid and they agreed. Mr. Egan moved to approve the bid award in the amount of $1,923,399.00 and 270 calendar days to O'Connor & Taylor, Inc. as lowest responsive bidder for the City Hall Envelope and Thermal Energy Project, with funding in the amount of $1,551,996.00, seconded by Mr. Randolph. 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. Prior to roll call, Mayor Alperin inquired as to how close this project cost will be to the original estimated amount. Jose Aguila, Construction Manager, stated that origi- nally the project had been estimated from $1.5 million to $1,750,000.00; however, that was prior to adding the Finance Department which resulted in an additional cost of $105,000.00. Mr. Aguila thought that the project will be very close to what was originally estimated but warned that there may be some unknown conditions in the future before the project is completed. 9.G. FEDERAL PARTICIPATION IN BEACH RENOURISHMENT PROGRAMS: Consider authorizing the sending of letters to Florida's Congres- sional delegation in support of U.S. Representative Clay Shaw's efforts to maintain federal participation in beach renourishment and shore protection projects in Palm Beach, Broward and Dade Counties. Mr. Ellingsworth moved to authorize the sending of letters to Florida's Congressional delegation in support of U.S. Representative Clay Shaw's efforts to maintain federal participa- tion in beach renourishment and shore protection projects in Palm Beach, Broward and Dade Counties, seconded by Mr. Randolph. 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. 9.H. CONTRACT AMENDMENTS/AUBURN TRACE: Consider approval of amendments to the City's agreements under the Urban Development Assistant Grant (UDAG) with respect to Auburn Trace. Joe Safford, Finance Director, stated that Auburn Trace is refinancing their first mortgage and in concert with that, they are substituting other partners for the current general partners. There is a $300,000.00 payment to the general partners who are getting out. Because they need our approval, this allowed us to do some negotiating with Auburn Trace relative to our three outstanding notes. -21- 2/04/97 He noted that with the original refinancing, the two notes had a 50 year amortization; however, with this negotiation, they agreed to move the amortization back to a 25 year amortization on both notes, addition there was some terminology in the previous note (UDAG) which basically stated that the City would defer principal and interest for the first five years, with the deferred amount to be paid at the end as a balloon. We feel the agreement states that this deferred amount will earn interest for every year up to the payoff. The language was modified in order to make that clarification; however, Auburn Trace did not intend to accrue interest during that period of time. In order to continue negotiations, all parties compromised and came up with an acceptable agreement. Mr. Safford stated that subsequent to the Commission's action, the contract amendment will have to be approved by HUD; however, the City does not anticipate any problems. Mr. Egan moved to approve the contract amendments to the City's agreements under the Urban Development Assistant Grant (UDAG) with respect to Auburn Trace, seconded by Mr. Randolph. 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.I. PALM BEACH COUNTY HIGH SPEED RAIL RESOLUTION: Consider Palm Beach County Resolution No. 97-127 objecting to the Florida Department of Transportation's plans to build a High Speed Rail (Bullet) Train in South Florida. The City Manager stated that this item is before the Commission for informational purposes only. He questioned some of the reasons placed by the County, as they are talking about high priorities, such as education. He pointed out that trans- portation dollars generally cannot be spent to fund education. This would result in a major law changes. The City Manager felt that the issue was a little premature and that much more informa- tion is needed. Mayor Alperin expressed concern of additional expendi- tures for a study which has proven to be a major loser. That they have not shown evidence that we are spending money intelli- gently; and, that he would prefer to see them drop the study and save the taxpayers monies. It was the consensus of the Commission to take no action at this time and did not wish to pursue the resolution. 9.J. SETTLEMENT/ANN FINNEY-LUCAS V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. The City Attorney reported that this claim can be settled upon payment of $75,000.00 to the plaintiff. The settle- ment will indicate that there is no admission of liability by the -22- 2/04/97 City but that the suit is being settled to avoid the uncertainty of trail and costs of litigation. Mr. Egan moved to approve the settlement of Ann Kinney- Lucas versus City of Delray Beach in the amount of $75,000.00 and subject to the appropriate releases, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (real estate position) to the Code Enforcement Board to fill an unexpired term ending January 14, 1998. The appointment will be made by Commissioner Ellingsworth (Seat #3). Mr. Ellingsworth moved to appoint Lynn Gardner as an alternate member (real estate position) to the Code Enforcement Board to fill an unexpired term ending January 14, 1998, seconded by Mr. Randolph. 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. 9.L. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 10-97): Appoint two members to the Afford- able Housing Affordable Committee to fill unexpired terms ending March 31, 1997, and March 31, 1998, respectively, and adopt Resolution No. 10-97. The appointments will be made by Commis- sioner Randolph (Seat #4) and Mayor Alperin (Seat #5). The caption of Resolution No. 10-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 10-97 is on file in the offi- cial Resolution Book) Mr. Randolph moved to appoint Sherry Johnson (Represen- tative of those engaged in home building) to fill an unexpired term ending March 31, 1997, 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; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that he wished to appoint Edward Aptaker (Citizen-at-Large) to fill an unexpired term ending March 31, 1998. Mr. Egan so moved, seconded by Mr. Randolph. 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. -23- 2/04/97 Mr. Randolph moved to approve Resolution No. 10-97 to include the names of Sherry Johnson and Edward Aptaker. 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. 13.A. City Manaqer. The City Manager stated that previously Ms. Kiselewski had asked for a description of the Code Enforcement process and a copy was provided for each Commissioner. In response to Mayor Alperin's inquiry regarding the commercial building at 1000 Lake Ida Road, the City Manager stated that the property owner has been cited for expanding a nonconforming use for the outside storage of tractors, construc- tion and other materials. They were also cited for an unimproved parking lot and inappropriate use of barbed wire. 13.B. City Attorney. The City Attorney had no comments. 13.C. City Commission. 13.C.1. Ms. Kiselewski stated that she has become very much aware of telecommunication towers and noticed a tower at the FP&L site on S.W. 10th Street. She asked that staff check to see if the tower meets compliance. 13.C.2. Mr. Eqan reported that the Parking Management Team held a workshop meeting on January 29, 1997 at which time the issue of valet parking on Atlantic Avenue was discussed. He pointed out the City now have three restaurants which have approved valet parking: Peter's Stone Crabs; 32 East; and, the Musicians Exchange. Even though two spaces have been designated for valet parking, the traffic is so heavy that these two spaces are filled and the valets cannot keep up with the demand; thus, there is stacking along the street. The P.M.T. recommended that staff work with the Police Department in this regard. The most criti- cal situation is at 32 East where traffic is backing up at the Swinton/Atlantic Avenue intersection. He noted that a suggestion was made to work with Ocean Properties and piggyback on their plans for a parking garage; or, perhaps the City could construct a parking garage at the Pierce Tire site. Mr. Egan suggested that if a study is prepared on this issue, it should include such issues as time limitation and funding. 13.C.3. Mayor Alperin stated that the Palm Beach County Inter- governmental Coordinating Program will be meeting on February 10, 1997 and that Commissioner Ellingsworth will be an alternate in case he is unable to attend. -24- 2/04/97 Mayor Alperin informed the Commission that he received a request for a proclamation or resolution for the purpose of creating a National Single Parents' Day and making it a legal holiday. The Commission did not look favorably upon this request and that it not be pursued. Mayor Alperin stated that he had received a letter from Mayor Hansen of Boca Raton requesting that local mayors get together in order to discuss the issue of the telecommunication legislation. The Commission was not favorable to have another committee for this purpose. He reminded the Commission that the Annual City Picnic will be held on February 22, 1997 and asked if the Commission would be interested in playing competitive softball (the Commis- sion declined the suggestion to play ball). Lastly, Mayor Alperin noted that February 9 through 15, 1997 is Kindness Week and urged everyone to be kind to one another. There being no further business, Mayor Alperin declared the meeting adjourned at 8:40 p.m. City- ~erk - ' 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 February 4, 1997 which minute~ were formally approved and adopted by the City Commission on ~J~J~/Z~/ /F / ~ 7 - / City-~erk - / -25- 2/04/97 NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -26- 2/04/97