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02-18-97 FEBRUARY 18, 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 18, 1997. 1__. Roll call showed: Present Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Mayor Jay Alperin Absent Commissioner Karen Kiselewski Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Ronald $iegenthaler, Seacrest Boulevard Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 9.H., Resolu- tion No. 16-97 to the Regular Agenda by addendum. The City Attorney requested that Item 8.B., Resolution No. 15-97/Easement Abandonment and Acceptance of Access Easement in Congress Park South, of the Consent Agenda, be approved subject to her review and approval of the idemnification language in the agreement. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 4 to 0 vote. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regular Meeting of February 4, 1997, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 6__. Proclamations: 6.A. Delra¥ Rocks Football Proqr~un Mayor Alperin read and presented a proclamation pro- claiming the Delray Rocks and Cheerleaders to be "Champions Among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida". Bennie Leonard came forward to accept the proclamation. In addition, Mr. Leonard acknowledged Matthew "Bump" Mitchell and thanked the Parks and Recreation Department for its support. 6.B. Callinq for the First Nonpartisan Election on March 11, 1997 Mayor Alperin read and presented a proclamation calling for the First Nonpartisan Election to be held on Tuesday, March 11, 1997, between the hours of 7:00 a.m and 7:00 p.m., with all the precincts and polling places in the City of Delray Beach, as designated by the Supervisor of Elections for Palm Beach County. 7. Presentations: 7.A. Chadda Shelly, Habitat for Humanity Boca/Delra¥ - ColleHiate ChallenHe '97 Chadda Shelly, Collegiate Challenge Coordinator for Habitat for Humanity of Boca/Delray, explained that the goal of Habitat for Humanity is to provide affordable housing for those people who could not otherwise qualify for a mortgage. Ms. Shelly cited the five colleges that will be participating and noted that the program will run for approximately five weeks. She invited all to attend the groundbreaking ceremony to be held next Tuesday, February 25, 1997, at the building sites on S.W. 13th Avenue. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 12-97/ABANDONMENT OF EASEMENTS IN CONGRESS PARK: Approve a resolution vacating and abandoning certain easements within the Congress Park plat in connection with the development of the site for SIRS, Inc., subject to conditions and based upon positive findings. The caption of Resolution No. 12-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS AS SHOWN ON THE PLAT OF CONGRESS PARK, RECORDED IN PLAT BOOK 44, PAGES 194 AND 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO INSTALLATION AND ACCEPTANCE OF REPLACEMENT FACILITIES AND EASEMENTS. (Copy of Resolution No. 12-97 is on file in the offi- cial Resolution Book) 2 2/18/97 8.B. RESOLUTION NO. 15-97/EASEMENT ABANDONMENT AND ACCEP- TANCE OF ACCESS EASEMENT IN CONGRESS PARK SOUTH: Approve a resolution vacating and abandoning a utility easement within the plat of Congress Park South in conjunction with the Levenger warehouse expansion, subject to conditions and based upon pos- itive findings, and accept a Private Access Easement Agreement (subject to the City Attorney's approval of indemnification language). The caption of Resolution No. 15-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT AS SHOWN ON THE REPLAT OF CONGRESS PARK SOUTH RECORDED IN PLAT BOOK 71, PAGES 190 AND 191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF A REPLACEMENT EASEMENT. (Copy of Resolution No. 15-97 is on file in the offi- cial Resolution Book) 8.C. FINAL PLAT APPROVAL/THE CORNICHE REPLAT 1: Approve the final plat for The Corniche Replat 1 to relocate a 24 foot public access easement. The subject property is located on the east side of South Federal Highway, between Harbourside and the Delray Harbor Club. 8.D. ACCEPTANCE OF WATER & SEWER COLLECTION SYSTEM IMPROVE- MENTS AND EASEMENT DEED/LINTON OFFICE PARK: Accept a Bill of Sale and Warranty of Title for water and sewer improvements at Linton Office Park, together with an easement deed to allow for the City to maintain the improvements in the future. 8.E. SECOND AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT: Approve the Second Amendment to the Encroachment License Agreement with the Lake Worth Drainage District which permits the City to maintain its improvements within the E-4 Canal right-of-way at the municipal golf course. The amendment extends the agreement for an additional three year period. 8.F. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify the appointment of Kara Kenney to fill an unexpired term ending April 22, 1998, on the Kids and Cops Committee as the representative from Pine Grove Elementary School, and the reappointment of Yvonne Odom as the Carver Middle School representative. 8.G. RESOLUTION NO. 13-97: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 2605 North Federal Highway. -3- 2/18/97 The caption of Resolution No. 13-97 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. 13-97 is on file in the offi- cial Resolution Book) 8.H. RESOLUTION NO. 14-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 40 properties throughout the City. The caption of Resolution No. 14-97 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- 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. 14-97 is on file in the offi- cial Resolution Book) 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 February 3 through February 14, 1997. 8.J. AWARD OF BIDS AND CONTRACTS: -4- 2/18/97 l. Contract renewal to U.S. Filter/Davis Process for renewal of the annual maintenance contract for wet scrubbers located at Lift Stations 1, 4, 11 & 80, at the rate of $650 per month per site for a total of $31,200, from 441-5144-536-46.20. 2. Grant awards through the SHIP and HOME programs for the rehabilitation of three single family housing units, to be awarded as follows: $14,642.25 to Tommy Preston for 501 S.W. 9th Street, $12,757.50 to South Florida Construction for 311 S.W. 4th Street, and $15,227.50 to Abisset Construction for 314 S.W. 9th Street, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. Mr. Randolph moved to approve the Consent Agenda as amended with respect to Item 8.B. that the Private Access Ease- ment Agreement be approved subject to the City Attorney's approv- al of the indemnification language. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Prior to the vote, Mayor Alperin stated that with respect to Item 8.I., Review of Appealable Land Development Board Actions, specifically the Site Plan Review and Appearance Board's approval of an eighteen month extension of the site plan approval for the Holiday Inn/Camino Real, he wanted it on the record and clearly understood by the developer that the City wants to talk to them about their plans for expansion of the hotel. 9. REGULAR AGENDA: 9.A. INTERLOCAL AGREEMENT WITH HIGHLAND BEACH FOR BULK WATER PURCHASE FROM DELRAY BEACH: Consider approval of an interlocal agreement with the Town of Highland Beach for the sale and purchase of City-treated, potable water to the Town for a con- tract period of 25 years. The City Manager explained that Highland Beach has need of an additional supply of water and also for backup in case of salt water intrusion in their wellfield. The City has adequate capacity to meet those needs as recommended in Mr. Hasko's memo. The City Manager recommends approval of the 25 year agreement, and noted that Highland Beach will be paying the out-of-city rate for non-residential customers. Mr. Ellingsworth moved to approve the Interlocal Agreement with Highland Beach for bulk water purchase from Delray Beach, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Elling- sworth Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -5- 2/18/97 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD AC- TION/INGRAHAM AVENUE PARKING LOT: Consider an appeal of the Site Plan Review and Appearance Board's action of January 22, 1997 to deny a waiver to the perimeter landscape requirement associated with additional parking spaces at the Ingraham Avenue parking lot. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding 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. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file #97-057SPI for this project. This site plan modification involved was adding 12 additional parking spaces to an existing 49-space public parking lot on Ingraham Avenue. The spaces were being added to the north side of the lot; eight of the spaces were to be parallel parking spaces. In order to accommodate those spaces it was necessary to reduce the perimeter landscaping from the existing ten feet to 1.5 feet only for the area adjacent to the parking spaces. The City's landscape code does require a 5 foot buffer so in order to install these spaces, a waiver was required. At its meeting of January 22, 1997, the Site Plan Review and Appearance Board reviewed the landscape waiver request for Ingraham Park. There were five members of the public who spoke in opposition to the waiver, and no testimony was provided supporting the request. The Board felt that additional parking should be provided at Sandoway Park to the north. Essentially, the Board felt the waiver would impact the adjacent residences, and felt it not appropriate for the City to be granted itself a landscape waiver. After lengthy discussion, SPRAB voted 5-0 (Pakradooni and Little absent) to deny the request for a land- scape waiver. At this point, Dan Beatty, City Engineer, gave an overhead presentation in which he reviewed several alternate plans which had been developed by staff. Mr. Beatty presented the initial proposal for addition- al parking at Ingraham Avenue which is the subject of the appeal under consideration. This design provides parallel parking spaces on the north side of Ingraham Avenue, with one-way west- bound traffic. Two handicap stalls, two regular parking stalls and a total of eight parallel parking spaces on the north side of the Ingraham parking lot which required the waiver to reduce the landscape buffer. 6 2/18/97 Alternate 1 provides for one-way circulation through the parking lot exiting out onto Ingraham Avenue and circling back to the west to Gleason Street. It provides angled parking stalls on the south side of the lot and parallel parking spaces on the north side. This design does provide the adequate land- scape requirement so a waiver would not be required. The config- uration on Ingraham Avenue is basically the same as the original design, with one-way westbound traffic and parallel parking spaces on the north side. Alternate 2 would completely eliminate Ingraham Avenue and incorporate parking with a two-way thru-way from Gleason Street east to A-1-A. Parking would be provided on both the north and south sides, with a sidewalk on the south side. This design, incorporating the Ingraham Avenue right-of-way with the parking lot, would not require any waivers. Alternate 3 provides for one-way westbound traffic on Ingraham Avenue with parallel parking on the north side. It provides for the entrance off of Gleason Street into the existing parking lot with two-way traffic in the parking lot and the conversion of parking stalls at the west end from standard stalls to compact stalls. It also includes closing an entrance to the lot to accommodate additional stalls. No waivers would be required for this design. Alternate 4 is similar to the original proposal in that it would still require the landscape waiver. It incorporates closing an entrance, adding additional stalls and an additional parallel stall. This would allow the elimination of certain parallel parking spaces on Ingraham Avenue and provide for two-way traffic on Ingraham from the east parking lot entrance over to A-1-A. Traffic would remain one-way westbound on Ingra- ham Avenue from the entrance west to Gleason Street. Mr. Beatty continued that other alternatives were looked at to try to provide parking elsewhere on the beach. However, the City would have to go back to the County for a modification to the interlocal agreement on the Sandoway House. Using Alternate 3, he proceeded to described a possible alterna- tive involving the Sandoway Park parking lot. Currently, the plan for the Sandoway House has an entrance road coming in off of A-1-A. The handicap parking could be located on the north side of that entrance drive which would actually be on the Sandoway Park property. The area could then be expanded and an additional five compact parking spaces could be provided. If the goal is to eliminate the parking spaces on Ingraham Avenue, there is the possibility of further reconfiguring the Sandoway Park parking lot to accommodate the additional parking spaces. Mr. Beatty noted that additional pavement would have to be added on the south side and a landscape waiver would be necessary since the driveway which serves the houses on the south side encroaches onto City property. The five foot setback can be met, but it -7- 2/18/97 would be less than five feet away from the driveway because it is two or three feet over on City property. At this point, the hearing was opened to the public. Speaking from the audience were the following: Kathy Stokes, 1220 Southways, stated that she supports the City Manager's ideas with respect to modifying the plan for Alternate 3 to take the parking spaces off of Ingraham Avenue and incorporating them into the Sandoway site. She felt that a satisfactory compromise could be reached and urged the Commission to proceed along these lines. Bob Dell, owner of condominium on Ingraham Avenue, stated his opposition to the proposal to put parking on the north side of Ingraham Avenue. Joan Baccari, Beach Property Owners Association, expressed her support for the City Manager's ideas using Alter- nate 3. One, she feels this will work with putting this on- street parking in the Sandoway lot which becomes much more compatible with the existing neighborhood. Second, it provides for heavy landscaping which is important not only to the immedi- ate neighbors but it is also important to the area as a whole. Third, it addresses the security problem. Ms. Baccari concluded by stating that at no time will the Beach Property Owners Associ- ation support public parking on a residential street. Charlie Retmer, 200 South Ocean Boulevard (resident of Jardin Del Mar), read a brief statement on behalf of the Jardin Del Mar Condominium Complex. On behalf of the residents of Jardin Del Mar, he stated that they are not opposed to the concept of the Sandoway House and have no objections to the expansion of the Ingraham parking lot within its existing con- fines as long as the entrance and exits stay gated and hours of use remain as they are now (8:00 a.m. until dusk). The residents of Jardin Del Mar oppose any changes to Ingraham Avenue that would change it from its present use. Todd Henderson, resident of Jardin Del Mar at 200 South Ocean Boulevard, expressed his opposition to any expansion of the Ingraham Avenue parking lot citing safety and noise concerns. Lynn Stokes, 1220 Southways, stated that on-street parking in a residential neighborhood violates both the letter and the spirit of the City's Comprehensive Plan. Catherine Deeson, resident of Jardin Del Mar, stated she is strongly opposed to any on-street parking on Ingraham Avenue. Carolyn Patton, 1020 Tamarind Road and President of The Friends of Sandoway House Nature Center, thanked the neighbors and residents for their support of the Sandoway House project. 8 2/18/97 She noted that the Alternate 3 plan seems to have the consensus support and stated that it is acceptable as well to the Sandoway House. She asked, however, that consideration be given to keeping the Sandoway House's two handicap parking at the ramped area. Don McHugh, resident of Jardin Del Mar, spoke to the land use and zoning considerations which had been cited by members of the City Commission at the time the purchase of the Sandoway House property was being discussed. Mr. McHugh stated that while the financial concerns may have been addressed, the land use and zoning issues remain valid. He felt it would be totally disruptive to have a residential community burdened with on-street parking when there are other alternatives available. Douglas Schooley, 1015 Ingraham Avenue, stated that he felt a disastrous traffic situation would be created on Ingraham between Gleason and Venetian Drive if the proposed expansion were to be approved. He also felt that it could negatively impact property values in the area. Dick Wade, resident of Jardin Del Mar, spoke in support of expanding the Sandoway parking lot to accommodate the addi- tional spaces. Alice Finst, 707 Place Tavant, stated that the thirty additional spaces required by the County as part of the interlo- cal agreement could be provided at locations other than at Ingraham Avenue. There being no one else who wished to address the Commission, the public comment portion of the hearing was closed. Discussion by the Commission followed. In response to question from Mr. Randolph, the City Manager stated that there has not yet been any dialogue with Palm Beach County concerning the matter of the thirty additional parking spaces. Mr. Randolph suggested that we go ahead and do this to find out what, if any, options may be open to us from the County's point of view. It was the consensus of the Commission to support Mr. Randolph's suggestion. Upon further review and discussion, it was the consen- sus of the Commission to direct staff to pursue a modification of Alternate 3, consisting of internal modifications to the Ingraham parking lot, but taking the on-street parking off of Ingraham Avenue and relocating it to the Sandoway Park parking lot as that location may best be reconfigured by staff to accommodate the additional spaces. Mr. Egan moved to deny the appeal with direction to staff to request the County to allow some of the parking spaces to be put at the Sandoway lot instead of having to put all of 9 2/18/97 them at the Ingraham location, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.C. REQUEST FOR RELEASE OF LIEN/THE HOUSE OF GOD CHURCH: Consider a request from The House of God Church for release of a lien against property located at 48-1/2 N.W. 3rd Avenue (Lot 11, Block 36, Town of Delray). The City Manager explained that the City had demolished a building on the property at an out-of-pocket cost of $2,172.00. With administrative charges and interest, the current amount of the lien is $2,854.86. The lien was filed prior to the date the church closed on the property, but whoever handled the closing for the church failed to find the lien and the church is now asking that the lien be released. The City Manager stated that if the Commission is inclined to do so, he would recommend that only a partial release be considered so that the City can at least recover our out-of-pocket costs for the actual demolition. After discussion, it was the consensus of the Commis- sion to suggest to the applicant that relief be sought from the party who handled the closing transaction since that is where the mistake was made. Mr. Ellingsworth moved to deny the request from The House of God Church for release of a lien against property located at 18-1/2 N.W. 3rd Avenue (Lot 11, Block 36, Town of Delray), seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion to deny passed with a 4 to 0 vote. 9.D. SPECIAL EVENT APPROVAL/3RD ANNUAL S.O.S. "TASTE OF THE GROVE": Consider a request from Pineapple Grove Main Street, Inc. for special event approval in support of the 3rd Annual S.O.S. "Taste of the Grove" to be held on March 23, 1997. Mr. Egan moved to approve the special event request for the 3rd Annual S.O.S. "Taste of the Grove" to be held on March 23, 1997, as recommended by staff, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 9.E. PROPOSED PEDI-CAB SERVICE: Provide direction regarding a proposal by a private business to establish a pedi-cab or bicycle taxi transportation service in the downtown and beach area of the City. Diane Dominguez, Planning Director, stated she is seeking direction on a request from a private business to estab- lish a pedi-cab or bicycle taxi transportation service in the -10- 2/18/97 downtown and beach areas of the City. The taxis are operated by a driver who may either pedal manually or who may be assisted mechanically with a small moped motor. The pedi-cab taxi service will be available seven (7) days a week from 9:00 a.m. to 11:00 p.m. (possibly as late as 2:00 a.m. on Friday and Saturday nights to take the bar patrons home). She reported that staff had done some research and found that in other places where this service is available, the comments overall were favorable. Since the City does not currently have an ordinance which deals with non-motorized transportation, the City would have to establish an ordinance and have a license agreement with the company. Before getting into that, staff wanted to bring it to the Commission to see if there is interest in pursuing it. Mr. Egan commented that with the resurgence of the downtown area, alot of things have happened very quickly and there are alot of issues to be dealt with. Instead of just outright saying no to this particular use, he recommended that it be put on hold for a period of time until some decisions are reached about a number of other issues affecting the downtown, such as valet parking, lighting concerns, traffic signals and flow, and noise concerns. On question from Mayor Alperin, the City Attorney stated her position is that the contemplated pedi-cab service is a use not permitted at this point within the City and which is not allowed to use the City's rights-of-way. Mr. Randolph expressed concern about any liability the City may be held responsible for due to any accidents which may occur with the pedi-cabs on City streets. He felt it imperative that if and when an ordinance is created, it must be very clear that the City is not to be and will not be held liable for these types of things. Mayor Alperin stated that he has some reservations about the moped motor, and expressed concern about the potential for such a use to further inhibit traffic flow in the downtown. In addition, the use would have to be considered on a temporary basis and there would need to be a limitation on how many pedi- cabs and operators would be allowed. It was the consensus of the Commission to defer any action regarding this item until other issues currently pending with respect to the downtown have been dealt with. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 3-97: An ordinance amending Section 71.060, "Parking Meter Permits", of the City Code by amending the -11- 2/18/97 section heading to delete the word 'meter', and by removing the 'residents only permit' parking restriction; amending Section 71.058, "Cost of Parking or Standing Vehicle in Certain Metered Spaces", by adding the Ingraham Avenue parking lot. 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 AMENDING THE SECTION HEADING TO DELETE THE WORD 'METER', AND BY REMOVING THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION; AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES", BY ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AND 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. Don McHugh, 200 South Ocean Boulevard/Jardin Del Mar, stated that in view of what the Commission decided on Item 9.B., he felt it would be appropriate for the Commission to defer action on this ordinance until the City talks to the County. Joan Baccari, speaking on behalf of the Beach Property Owners Association, expressed concern over the way this ordinance is written and feels there are two concerns which need to be ad- dressed. One is that the ordinance does not state which parking lots will have the permit parking spaces, nor does it state how many total parking spaces will be for permit parking. The parking spaces required by the County can be provided elsewhere so permit parking could remain at the Ingraham lot. Kathy Stokes, 1220 Southways, submitted for the record her letter to City Attorney Susan A. Ruby dated February 13, 1997, regarding resident only parking. She stated that she does not have a problem with making a compromise to go from resident only permit parking to general permit parking. However, she -12- 2/18/97 asked that the ordinance be clarified to clearly reflect what lots and how many spaces will be available for permit parking. Alice F.inst, 707 Place Tavant, stated that she feels the simplest thing to do is to leave the resident only parking only at Ingraham Avenue. There is no reason to change something that everybody has gotten used to. There being no one else who wished to speak on this ordinance, Mayor Alperin declared the public hearing closed. Discussion by the Commission followed. The City Manager stated that the permits can be used in any of the beach parking lots because you can park in a metered space with a permit. The only question that needs to be resolved is where will 'permit only' be allowed; in other words, spaces without meters where you will only be allowed to park if you have a permit. Staff had envisioned they would remain at Ingraham, but if spaces were added at Ingraham that the additional spaces would be metered. There has been discussion about the under-uti- lization of those 49 spaces at Ingraham parking lot. After discussion, Mr. Egan moved to adopt Ordinance No. 3-97 as written on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth moved to direct that 49 parking spaces in the Ingraham Park parking lot shall be maintained as permit only parking spaces, with the understanding that the number of permit only parking spaces shall be reevaluated in one year's time subject to a survey of the parking utilization by staff, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 6-97: An ordinance establishing the West Settlers Historic District and designating it to the Local Register of Historic Places. 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. 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" -13- 2/18/97 TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 6-97 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. Mrs. Essie Robinson, 317 N.W. 1st Street, expressed her support for the Spady House to be turned into a museum as she feels it is important for people to know about where they came from and understand their heritage. Vera Farrinqton, 310 N.W. 2nd Avenue, stated she strongly supports the establishment of the West Settlers Historic District so that people may develop a sense of pride as the heirs of these pioneer citizens of Delray Beach. Alice McCray, resident of Delray Beach, spoke in support of the historic district and urged the Commission to adopt the ordinance. Anthony Sloan stated that he feels it is very important to have such a museum in Delray Beach. Not only will it be good for the people who live here, but it could also serve as a magnet to bring people into the community. Spencer Pompey, resident of Delray, urged the Commis- sion to support the West Settlers Historic District because it represents the first permanent settlement in the community. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 6-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 11-97 (FIRST READING AND FIRST PUBLIC BEARING) An ordinance amending LDR Section 4.4.27, "Open Space and Recreation (OSR) District", by adding child care programs as an accessory use to the principal uses of parks and recreational facilities. If passed, a second public hearing will be scheduled for March 4, 1997. The City Manager presented Ordinance No. 11-97: -14- 2/18/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT" SUBSECTION 4.4.27(C), , "ACCESSORY USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING CHILD CARE PRO- GRAMS AS AN ACCESSORY USE TO THE PRINCIPAL USES OF PARKS AND RECREATIONAL FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 11-97 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 public hearing was closed. Mr. Randolph moved to approve Ordinance No. 11-97 on First Reading and First Public Hearing, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.D. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM)/EVANS: Consider approval of the Contract for Sale and Purchase between the City and Genella Evans for property located at 303 S.W. 2nd Avenue through the HOPE 3 Program. Mayor Alperin declared the public hearing open. There being no one who wished to speak, the public hearing was closed. Mr. Egan moved to approve the Contract for Sale and Purchase between the City and Genella Evans for property located at 303 S.W. 2nd Avenue through the HOPE 3 Program, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.E. 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. Prior to consideration of passage of this ordinance on Second and PINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-97: -15- 2/18/97 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, "INITIATION OF ENFORCEMENT PROCEDURES" SUBSECTION (E), TO PROVIDE THAT THE COD~ 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) 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. Alice Finst, 707 Place Tavant, stated that she feels the problem with changing names on the title to the house or transferring the title between family members while the same people are occupying the property needs to be addressed. This is just a means to drag out enforcement efforts because, technical- ly, the owner of the property keeps changing and the whole process has to be gone through for each owner. Gerald Defoe, resident of Country Manors and member of PROD, asked for clarification that the intent of this ordinance is simply to bring the City Code into conformance with State law. The City Attorney responded in the affirmative. Lula Butler, Director of Community Improvement, ex- plained that the Notices to Appear (NTA's) are not intended to replace the normal due process procedure for code enforcement activities, but will only be used for severe repeat violators. There being no one else who wished to address the Commission, the public hearing was closed. -16- 2/18/97 Mr. Ellingsworth moved to adopt Ordinance No. 5-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 7-97: An ordinance amending LDR Section 4.6.5, "Walls, Fences and Hedges" relating to screening and reducing the maximum height of fences in areas which create sight obstructions. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 7-97: 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 SCREENING REQUIREMENTS FOR MASONRY WALLS; 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) 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. David Henninger, 602 Sunshine Drive, stated that he feels the ordinance for the most part is a good one. However, he felt that the City might want to consider a slightly different, less stringent criteria rather than strict adherence to FDOT sight distance requirements for residential neighborhoods with less traffic flow and no access to major roads. The public hearing was closed. Discussion followed with respect to the appropriate authority for determining whether or not a situation is problem- atic. -17- 2/18/97 Mr. Egan moved to adopt Ordinance No. 7-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 8-97: An ordinance amending the LDRs revising the procedures for processing abandonments of rights- of-way. 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. 8-97: 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 OF RIGHTS-OF- WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO REVISE THE PROCEDURE BY Wq4ICH 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 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 public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 8-97 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.H. 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. 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. 9-97: 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 -18- 2/18/97 2.4.2(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) 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 public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 9-97 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.I. 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. 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. 10-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING PROVISIONS OF THE CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH PERTAINING TO WATER AND SEWER FEES, INCLUDING SECTION 52.39, "OTHER FEES", OF THE CODE OF ORDINANCES TO PROVIDE FOR THE DELE- TION OF THE PROJECT PLAN REVIEW FEE; TO PROVIDE FOR A DECREASE IN THE PROJECT INSPEC- TION FEE; TO PROVIDE FOR RE-LETTERING THE SECTION; AMENDING SUB-SECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR THE DELETION OF THE WATER SYSTEM IMPACT FEE; DELETING SECTION 5.3.3(G), "IMPACT FEE REQUIRED" OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING REFERENCES TO THE CITY -19- 2/18/97 CODE OF ORDINANCES FOR WATER SYSTEM CONNEC- TION FEES, METER INSTALLATION FEES AND SEWER SYSTEM CONNECTION FEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 10-97 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 public hearing was closed. Mr. Egan moved to adopt Ordinance No. 10-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. With respect to a prior concern regarding the berm around the Palm Tran facility on Congress Avenue, the City Manager stated that the berm was only required along the west side. The plans showed a berm at an elevation of 18 feet above mean sea level. The City has received a survey of the property which indicates that the berm is approximately six inches lower than the approved elevation. The berm is currently sodded and planted with 45 mahogany trees and 1,225 philodendron shrubs. It is anticipated that in about one year the landscaping will begin to infill along the top of the berm creating an element barrier along the west property line. The City Manager felt that part of the perception problem is the parking lot surface itself ended up being built higher than was originally anticipated so the difference between the parking lot surface and the top of the berm is less than what you would have thought from looking at the plans at an earlier stage. He continued that staff feels a six inch difference does not warrant requiring the County's contractor to tear all of the landscaping out and redo it. Regarding prior concerns about code enforcement activities in the North Federal Highway area, the City Manager reported that Code Enforcement has done a great deal to clean up the Arrow Trailer Park. Numerous condemned trailers were removed, the building was demolished, and an abandoned junk trailer was towed. Code Enforcement has been in contact with Mr. Costin, the complainant, about alleged illegal units. He reported one property which was checked several years ago, but which will be checked again if the owner will allow staff on the -20- 2/18/97 property. Mr. Costin provided the addresses of additional properties which he felt had no landlord permits on file. Staff checked each one of them and found that there are indeed landlord permits on file for those properties. In addition, Mr. Costin complained about cottages in the rear of some properties. However, all of the properties referred to were annexed into the City with the cottages just as they are today. In response to the complaint about numerous people having not connected to water and sewer lines, the City Manager stated that research indicates there are only two properties where there is no record of hookup. This includes Eastview Avenue, Allen Avenue and Bond Way (46 properties in all). Concerning the complaint about Delray Kawasaki, the City Manager reported that a non-compliance hearing before the Code Enforcement Board has been scheduled for March 11, 1997. Assuming there is service of process, the case will be heard for possible fine assessment on that date. The compliance date after an extension was granted was February 6, 1997. ll.B. From the Public. 11.B.1. Albert D. Heller, P.E. 3130 N.W. 10th Street, questioned the City Manager's response to his previous inquiry regarding the berm at the Palm Tran facility. He questioned the dimension above sea level that was given in the answer. Mr. Heller's estimated that the grade for sea level at that location on Congress Avenue is approximately 10 1/2 12 feet. Therefore, a berm of 18 feet above sea level would be approximately between 6 to 7 feet. He further stated that Nancy Davila, City Horticulturist, had informed him that the engineering drawings demanded a four foot concrete interior as a base for that berm. A 4 foot concrete support wall is above grade and does not exist on the site. Mr. Heller asked for further explanation as to why a certificate of occupancy was issued, why the property is still in use and why nothing has been done concerning the demand that the County meet the requirements. 11.B.2. Gerald DeFoe, Country Manors liaison and Immediate Past President of PROD, reported that the County Commission had held an open hearing as to the widening of Lake Ida Road so that everyone who lives along Lake Ida Road and would be impacted would have the opportunity to present their thoughts and ideas. Mr. DeFoe commented that some time ago the Delray Beach City Commission sent a resolution to the County Commission asking that Lake Ida Road not be widened. That resolution is still on file and the County Commission will not consider anything else until the City Commission sends another resolution asking for renewed discussion about the road widening. Mr. DeFoe urged the Commission to strongly consider this since the traffic situation on Lake Ida Road between Congress Avenue and Military Trail is becoming intolerable. -21- 2/18/97 ll.B.3. Steve Wheeler, resident of Lake Ida Manor, stated his concerns about what he feels are the negative effects of the widening of Lake Ida Road. Noise levels have increased significantly to the point where it is almost unbearable sometimes. With the grade of the sidewalk next to Lake Ida Road being raised, lack of privacy has become an issue. When someone is on the sidewalk now, the existing barrier wall only comes to waist level. Further, there are safety concerns. The barrier wall was not designed to withstand the impact from a vehicle. If a vehicle comes across the sidewalk, it will go through the wall and into somebody's backyard. There is a constant increase in traffic along Lake Ida Road and this is leading to increased pollution. Mr. Wheeler expressed concern about the potential liability of the homeowners with respect to the raised sidewalk and the wall. Finally, Mr. Wheeler stated that since the completion of the Lake Ida Road widening, his neighborhood has had a documented 40% increase in crime. While he recognizes that all of that increase cannot be attributed to the road widening, a significant amount of it has been directly correlated to the ease of access and the visibility of the residences. Mr. Wheeler stated that he wants the City Commission to be aware of this problem. ll.B.4. Alice Finst, 707 Place Tavant, representing the Board of Directors of the Homeowners League of Chatelaine, stated she was not aware that the issue of the Lake Ida Road widening was going to be discussed this evening. She requested that before the Commission has any discussion or makes any proposal on Lake Ida Road, that formal notification be provided to all persons living on Lake Ida Road so they may be permitted to comment on this issue. Secondly, Ms. Finst expressed concern over the delay in the code process as it relates to the switching of ownership and the changing of people in a residence. 12. FIRST READINGS: None. 9.F. EDUCATION BOARD RECOMMENDATIONS: Consider endorsing Education Board recommendations with respect to magnet program funding and the School Board's Seven Year Capital Improvement Program funding for Delray Beach schools, and authorize the Mayor to send letters to the School Board Chairperson. Robert Barcinski, Assistant City Manager, stated that the Education Board requested that the following items go on record: 1. Recommend to the School Board not to indiscriminately cut existing magnet programs in particular the I.B. Program at Atlantic High School and the Montessori Program at S.D. Spady Elementary School in order to fund new magnet programs. -22- 2/18/97 2. Recommend to the School Board that they not cut or move back in their seven (7) year Capital Improvement Program funding for Delray Beach schools. It was the consensus of the Commission to endorse the Education Board's recommendations and authorize the Mayor to send a letter to the Chair of the Palm Beach County School Board. 9.G. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1998. Appointment by Commissioner Ellingsworth (Seat #3). Mr. Ellingsworth moved to appoint Robert Reardon as a member to the Education Board to fill an unexpired term ending July 31, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 9.H. RESOLUTION NO. 16-97: Consider adoption of a resolution providing for the City's intent to purchase the S.D. Spady House located at 170 N.W. 5th Avenue for use as a museum site. Mr. Ellingsworth moved to approve Resolution No. 16-97, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager With respect to Mayor Alperin's inquiry regarding the blue building on Lake Ida Road at N.W. 10th Avenue, the City Manager stated that the barbed wire and building permit issues will be heard by the Code Enforcement Board on March 24, 1997. The non-conforming use issue will be scheduled either for March 25th or April 8th depending on the service of process. Secondly, regarding the telecommunication tower at the FP&L facility, the City's records indicate that there has been a radio antenna and tower at this location since at least the 1950's. It is not a new one. 13.B. City Attorney The City Attorney informed the Commission that the request by the County for a rehearing on the Solid Waste Authority's recycling facility was denied by the Court. 13.C. City Commission -23- 2/18/97 13.C.1. Mr. Egan Mr. Egan had no comments or inquiries. 13.C.2. Mr. Ellinqsworth Mr. Ellingsworth stated that prior to receiving a letter from the Mayfair Animal Hospital, he had an inquiry concerning how the Animal Control Officer handles the pick up of animals. After discussion with the City Manager, Mr. Ellingsworth stated that it is his understanding the Animal Control Officer and the County only pick up domesticated animals such as dogs and cats, not racoons or opossums. He feels there should be a better system for answering inquiries from residents if they feel there is a problem with a wild animal. Secondly, Mr. Ellingsworth commented on the two-way streets in Delray. He understands that the Chamber of Commerce or the Atlantic Avenue Association is going to be doing a survey of all the businesses affected. Mr. Ellingsworth stated he spoke with the City Manager and he indicated that he did not feel that FDOT had consummated the contract giving them ownership of the two roads. However, Mr. Ellingsworth strongly feels there should be some contact with FDOT to see if they are even willing to consider survey findings or engineering proposals before the City spends any money. Lastly, Mr. Ellingsworth commented on the Ocean Properties expansion plans and asked the City Manager to check with their principals to see if something can be worked out during the site plan approval process whereby the City would be able to obtain some additional parking spaces. 13.C.3. Mr. Randolph Mr. Randolph had no comments or inquiries. 13.C.4. Mayor Alperin Mayor Alperin announced that the Children's Services Council will be having a community project called the State of the Child of Palm Beach County on February 26th at 10:00 a.m. Mayor Alperin asked if anyone would be interested in going since he will not be able to attend this meeting. There being no further business, Mayor Alperin declared the meeting adjourned at 8:45 p.m. .... / Ci~y~l'erk -- / ATTEST: -24- 2/18/97 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 18, 1997, which minutes were formally approved and adopted by the City Commission on 9~_~ 1997 / - C~ty-Cl~rk 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. -25- 2/18/97