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01-07-97 JANUARY 7, 1997 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, January 7, 1997. 1. Roll call showed= Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Alperin noted the addition of Item 7.B., Presen- tation by Sandee Strong, Sandee's Restaurant, and Item 9.N., Request For Funding/Palm Beach County Cultural Council, by addendum. The City Attorney stated that she had received a request from the applicant for an indefinite postponement of Item 9.A., the Kwik Stop Market appeal. The Commission concurred to remove Item 9.A. from the agenda. Mayor Alperin asked that Item 8.A., Initiation of Amendment to Land Development Regulations, be moved from the Consent Agenda to substitute Item 9.A. on the regular agenda. The City Manager stated that Item 7.B. (Presentation by Sandee Strong), added by addendum, does not need to be agendaed at this time. Ms. Strong is unable to attend this evening's meeting due to an illness in her family. The item will be rescheduled for a later date. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Egan moved to approve the Minutes of the Regular Meeting of December 3, 1996, with the correction provided, seconded by Mr. Ellingsworth. 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. Egan moved to approve the Minutes of the Regular Meeting of December 10, 1996, seconded by Ms. Kiselewski. 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. Ms. Kiselewski moved to approve the Minutes of the Special Meeting of December 17, 1996, 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. 6. Proclamations: 6.A. Martin Luther King, Jr. Day - January 20, 1997. Mayor Alperin read and presented a proclamation in recognition of Martin Luther King, Jr. Day on January 20, 1997. Ms. Lillie Strange and Mr. Spencer Pompey came forward to accept the proclamation. 6.B. Occupational License Officials Appreciation Week - January 19 through 25, 1997. Mayor Alperin read and presented a proclamation in recognition of Occupational License Officials Appreciation Week. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.C. School Nurse Day - January 29, 1997. Mayor Alperin presented a proclamation in recognition of School Nurse Day on January 29, 1997. 6.D. Burn Awareness Week - February 2-8, 1997. Mayor Alperin read and presented a proclamation in recognition of Burn Awareness Week, encouraging all citizens to support the Shriners Burns Institutes and to take appropriate precautions to protect their families from devastating burn injuries. Mr. Dan Rindner came forward to accept the proclama- tion. 2 1-07-97 7. Presentations= 7.A. RESOLUTION NO. 1-97: A resolution recognizing and commending Richard M. Lincoln for his dedicated service to the City of Delray Beach. The caption of Resolution No. 1-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RICHARD (RICK) M. LINCOLN FOR HAVING SERVED WITH DISTINCTION AND DEDICATION TO THE CITIZENS OF DELRAY BEACH, FLORIDA, SINCE 1973. (Copy of Resolution No. 1-97 is on file in the official Resolution Book) Mayor Alperin read Resolution No. 1-97 in its entirety. Mr. Egan moved for the approval of Resolution No. 1-97, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Rick Lincoln came forward to accept the resolution. He thanked the Mayor and Commissioners for their recognition and expressed his thanks and appreciation to the City and the Police Department for their support during his tenure. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. MOVED TO THE REGULAR AGENDA AS SUBSTITUTE ITEM 9.A. 8.B. FINAL PLAT APPROVAL/NORJAC: Approve the final boundary plat for Norjac, a proposed two lot subdivision located along the westerly right-of-way line of the CSX railway, east of Congress Avenue, accessible to both Dr. Carol Krol Way and N.W. 18th Avenue. 8.C. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD BEAUTIFICATION FUNDING: Approve an interlocal agreement with Palm Beach County wherein the County agrees to reimburse the City for a portion of the costs the City will incur for the landscaping of Lake Ida Road. 8.D. LAKE IDA ROAD IRRIGATION AND LANDSCAPING/REGAL CONTRAC- TORS, INC.: Approve bid award in the amount of $215,461.71 (base bid $208,710.71 and bid alternate #1 $6,751.00) to Regal Contrac- tors, Inc. for irrigation and landscaping improvements to Lake Ida Road between Congress and Swinton Avenues, with funding from 334-4144-572-63.31, 334-3162-541-63.12, and $49,800 fund transfer from Palm Beach County Grant Revenue (Account 334-0000-337- 49.00). -3- 1-07-97 8.E. AMENDMENT TO TATE ACCESS AGREEMENT: Approve an adden- dum to the access agreement with Stanley G. Tate, et al, to clarify the intent of Paragraph 5c of the original access agree- ment. 8.F. CHANGE ORDER ~2 AND FINAL PAYMENT/SUNSHINE PAINTING: Approve deduct Change Order #2 in the amount of $31,390.64 and final payment in the amount of $39,128.39 to CEM Enterprises, Inc. dba Sunshine Painting for filter rehabilitation and media replacement at the Water Treatment Plant, with funding from 442-5178-536-61.46. 8.G. CHANGE ORDER ~4 AND FINAL PAYMENT/O'CONNOR & TAYLOR, INC.: Approve Change Order #4 in the amount of $10,184 and final payment in the amount of $28,423 to O'Connor & Taylor, Inc. for their work on the Municipal Golf Course Clubhouse Addition project, with funding from 445-4763-572-62.10. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept 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 December 9, 1996 through January 3, 1997. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award at an estimated annual premium of $100,777.95 to MetLife Group Insurance Company for City Employees' Group Life and Accidental Death and Disability Insurance, with funding from multiple departmental accounts. 2. Bid award in the amount of $67,000 to Almazan Brothers Trucking, Inc. for sidewalk improvements at various locations throughout the City, in the amount of $67,000 from 118-1965-554-63.11. Mr. Randolph moved to approve the Consent Agenda as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. REMOVED FROM THE AGENDA. SUBSTITUTE ITEM 9.A. (ITEM 8.A.) INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS: Initiate an amendment to Section 4.4.27 of the Land Development Regulations to add child care services such as after-school programs and Head Start as a permitted use in the Open Space and Recreation (OSR) zoning district. -4- 1-07-97 Mayor Alperin stated that he moved this item from the consent agenda not because he disagrees with the concept, but because the Sherwood Park Golf Course is included as one of the properties that could conceivably be affected by this amendment. The golf course is privately owned and he felt at some point in the future there could be an opportunity for the property to be developed. Under the OSR zoning there is not too much that could be done with it, but this amendment would allow it to be devel- oped for a child care center. Mayor Alperin asked that this aspect be looked at as the amendment moves through the process. Diane Dominguez, Director of Planning and Zoning, stated that the Mayor's comment would be considered as the amendment is developed. However, on the off chance that a child care facility were to be considered for the site at some point in the future, Ms. Dominguez did not feel that such a use in this location would have a terribly detrimental impact on the neigh- borhood. Mr. Ellingsworth moved to initiate an amendment to Section 4.4.27 of the Land Development Regulations to add child care services such as after-school programs and Head Start as a permitted use in the Open Space and Recreation (OSR) zoning district, with the consideration of Mayor Alperin's comments; 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. 9.B. LICENSE AGREEMENT/32 EAST: Consider approval of a license agreement with 32 East restaurant for use of right-of-way adjacent to its business at 32 East Atlantic Avenue to provide valet parking for customers. Ron Hoggard, Senior Planner, explained that the valet parking queue for 32 East will be located at the extreme eastern end of the block. The parking attendants will make an immediate right turn onto S.E. 1st Avenue followed by another right turn into the alley and then travel 1/2 block west to the private parking lot located on an adjacent parcel at 8 East Atlantic Avenue. From the parking lot, the attendants will travel west, then make a right turn onto Swinton Avenue followed by another right turn onto East Atlantic Avenue and then travel east back to the valet station. Stacking at the valet station will be mini- mized since this is a very short route with only right turns. Mr. Hoggard continued that the Parking Management Team will be having a workshop, probably on January 15th, to discuss options for a unified valet parking program in the downtown, including the issue of various restaurants sharing the same valet spaces. As part of the subject license agreement, 32 East acknowledges that the City is developing a uniform policy and procedure for the use of public parking spaces for valet parking services. When that policy is adopted, the license agreement -5- 1-07-97 will become null and void and 32 East will comply with the adopted policy for use of public parking spaces. The City Attorney requested that the last sentence of paragraph 12. concerning indemnification, on page 3 of the license agreement, be corrected to read as follows: "In the event the City shall be made a party to any litigation commenced against 32 East or by 32 East against any third party, then ~ Z~ 32 East shall protect and hold the City harmless and pay all costs and attorney's fees incurred by the City in connection with such litigation, and any appeals thereof." Mr. Egan moved to approve the license agreement with 32 East, subject to the correction noted by the City Attorney; 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. 9.C. GREEN MARKET/LIABILITY INSURANCE FOR BANNERS: Consider a request from the Delray Beach Green Market for the City to assume the liability insurance and cost for hanging banners on FPL poles from Swinton Avenue to 1-95. Robert A. Barcinski, Assistant City Manager, explained that prior to approving the hanging of Green Market banners on their light poles, Florida Power & Light is requiring general liability insurance. The Green Market has requested that the City assume this responsibility and cost and to forward proof of insurance to FP&L. The insurance can be added to the City's existing policy for the banners on Federal Highway at a cost of $330.00 per year. This cost will be deducted from the $5,000.00 Commission approved to support the Green Market. By assuming the liability, the City will be required to submit for the FDOT permit. On question from Mr. Randolph, Mr. Barcinski stated that the intent is to put the banners on all of the poles between Swinton and 1-95 and to leave them up for the duration of the market. There is a conflict with the Flag-hanging for the Presidents' Day holiday, at which time some of the Green Market banners will be left up interspersed with the flags. Mr. Ellingsworth moved to approve the request from the Green Market for the City to provide the necessary insurance required by Florida Power & Light Company for hanging banners on their light poles between Swinton Avenue and 1-95 on Atlantic Avenue and authorize staff to prepare the FDOT permit, 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. -6- 1-07-97 9.D. SPECIAL EVENT REQUEST/8~H ANNUAL DOWNTOWN ART FESTIVAL= Consider a request from Howard Alan Events, Ltd. for special event approval for the 8th Annual Downtown Art Festival to be held January 11-12, 1997. Mr. Barcinski, Assistant City Manager, stated that the Commission is being asked to endorse the 8th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd., grant a temporary use permit for the closure of Atlantic Avenue from Venetian Drive east to A1A, and authorize staff to apply for the FDOT street closure permit. In addition, Mr. Alan has requested security service from the Police Department and Public Works assistance to barricade the street, and permission for an event sign to be put up on Atlantic Avenue just east of 1-95 one week prior to the event. Mr. Alan will pay for all staff assistance costs as well as provide for trash and clean-up and porta-lets. Mr. Ellingsworth commented that every year this event has been held, balloons have been flown. He does not object to the use of balloons, but does object to this event being allowed to use them while they are not allowed for any other events. He recognizes the City has an ordinance against the use of balloons, but every year this event uses them anyway. Mr. Barcinski stated staff would insure there are no balloons. Mr. Egan moved to approve the special event request for the 8th Annual Downtown Art Festival, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/FOTOFUSION '97~ Consider a request for special event approval from Palm Beach Photographic for "FotoPusion '97", to be held January 28 through February 1, 1997. Mr. Barcinski, Assistant City Manager, stated that this is a request for the Commission to endorse FotoFusion '97, to waive rental fees for use of City facilities, to authorize staff to make and install event signs and directional signs, to waive any costs associated in making and installing the signs, and provide staff assistance in hanging banners. The estimated rental charges for City facilities would be approximately $400.00, while the costs associated with the signage will be about $100.00. Mr. Egan moved to approve the special event request for FotoFusion '97, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes. Said motion passed with a 5 to 0 vote. 9.F. PROMOTER AGREEMENT WITH BJCE, INC./USTA TOURNAMENTS= Consider approval of an agreement with BJCE, Inc. relative to the 7 1-07-97 three USTA tennis tournaments scheduled for the municipal tennis center during 1997. Mr. Randolph moved to approve the Promoter Agreement with BJCE, Inc. for the three USTA tennis tournaments scheduled for the municipal tennis center during 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.G. BID AWARDS TO VARIOUS VENDORS/FIRE DEPARTMENT MEDICAL AND DRUG SUPPLIES. Consider approval of multiple awards for medical and drug supplies for the Fire Department EMS, in the estimated annual amount of $121,963.21 from 001-2315-526-52.20; rejection of all bids for Items 149-152, 154 and Group X; award of Items 149-152 to Aero Products via a Metro-Dade bid; award of Group X to Sure-Loc, Inc. via a Palm Beach County bid; and rebidding of Item 154. Ms. Kiselewski moved to approve the multiple awards for the EMS medical and drug supplies and rebidding of Item 154 as recommended by staff and as set forth in the agenda, 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. BID AWARD/HEALTH INSURANCE FOR CITY EMPLOYEES: Consid- er approval of a bid award to United Healthcare for City employee health insurance, at an estimated annual premium of $1,965,281.52, with funding from multiple departmental accounts. Joe Safford, Finance Director, gave an overview of the RFP and review process used in arriving at the recommended bid award to United Healthcare. Mr. Safford noted that the primary reasons for selecting United Healthcare are (1) the entire benefit structure is either equal to or better than the present plan; (2) roughly $345,000 worth of savings over present plan costs; (3) the offering of either a Point of Service plan or an HMO plan; and (4) the fact that United has the strongest network of health care providers in the area. Mr. Egan moved to approve the bid award to United Healthcare for City employee health insurance at an estimated annual premium of $1,965,281.52, 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.I. TERMINATION OF CONTRACT WITH KEVLEX, INC. FOR SCHOOL BUS SERVICE: Consider terminating the contract with Kevlex, Inc. for bus transportation service for various Parks and Recreation -8- 1-07-97 programs, and authorize the continued use of Quality Transport for service until a new bus contract is awarded. The City Attorney stated that the City has received a letter from Kevlex, Inc. indicating that they are cancelling the contract. In light of the fact that Kevlex has cancelled the contract, the Commission does not need to take action concerning its termination. However, Ms. Ruby asked that the Commission take action to authorize the continued use of Quality Transport until a new bus contract can be bid. Mr. Egan moved to authorize the continued use of Quality Transport for interim service until a new bus contract is awarded, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.J. THIS ITEM WAS REMOVED. 9.K. APPOINTMENTS TO THE LARGE HOME TASK TEAM: Appoint the membership of the Large Home Task Team pursuant to Resolution No. 84-96 adopted December 10, 1996. Mayor Alperin noted that, as previously agreed, the members would be appointed through a ranking process by all of the Commissioners as opposed to the rotation schedule. He asked each member of the Commission to list their top three choices for each category by signed ballot. The City Manager and City Attorney would then tally the rankings and announce the results. The Commission agreed to do one category at a time in the order set forth in the enacting resolution. The results of the voting process for each category were as follows: Builder/developer (2 members): Frank McKinney Richard Mouw Architect (1 member): David Martin Realtor (1 member): Daniel Hrabko Beach/Intracoastal area homeowner (3 members): Joan Baccari Fred Devitt, Jr. S. Lynn Stokes At-larqe homeowner (2 members}: -9- 1-07-97 Thomas Mook Robert Barron Mr. Ellingsworth moved to approve the appointment of the above named members to the Large Home Task Team, as well as the ratification of the appointments of Gary Eliopoulos (Planning and Zoning Board representative) and Thuy Shutt (Site Plan Review and Appearance Board representative), seconded by Mr. Egan. 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 time being 7:00 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 54-96: (SECOND READING AND SECOND PUBLIC HEARING) An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District", of the Land Development Regulations by adding the sale of new utility trailers as a permitted use within the district. 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. 54-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SALE OF NEW UTILITY TRAILERS AS A PERMITTED USE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 54-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Speaking from the audience were the following: Jerry Marshall, resident of Woodlake, stated that he was opposed to the proposed amendment to allow the sale of utility trailers in the AC district, particularly at the location on Federal Highway. -10- 1-07-97 Jean Beer, 945 Tropic Boulevard, stated that she was opposed to the request since it would be a change to the Land Development Regulations in order to accommodate a single individ- ual. She questioned if the use is critical to the growth and development of the city and is it the quality development that everyone would like to see in the city? Helen Coopersmith, 1222 South Drive Way, asked that the Commission not approve the proposed amendment as she felt it would open up too many locations to the sale of trailers where the use would not be appropriate. Michael Weiner, attorney representing the applicant, stated that in this particular situation there is no reason for barring utility trailers. They do not detract from the public health, safety or welfare in any way within the Automotive Commercial zoning district. Mr. Weiner called attention to the existing permitted uses in the AC district and contended that the proposed use is both appropriate and acceptable. Mike Lago, owner of the business requesting the amend- ment, stated that the dealerships for the trailers are very limited and he has the only dealership in the area, so the use is not likely to surface at another location. There are no traffic problems associated with the use and there is a need for the use in the city. Art Taylor, owner of O.C. Taylor Motors and owner of the property to be affected by the proposed amendment, noted that the request was passed on first reading and he was not aware of any good reason why it should not be passed at this point. There being no one else who wished to address the Commission, the public hearing was closed. Discussion by the Commission followed. Ms. Kiselewski stated that while she did not object to the use in the AC district, she felt that the sale of trailers should be subject to the 1.5 acre site size requirement that applies to the sale of automobiles, boats, etc. On question from Mr. Ellingsworth, Diane Dominguez, Director of Planning and Zoning, stated that the use would have to comply with the landscaping requirements for the AC district. On further question from Mr. Ellingsworth, Ms. Dominguez stated that the Planning and Zoning Board did not feel that the trailers should be subject to the minimum site size of 1.5 acres. The way the proposed text amendment is written, the use would not be required to meet the minimum lot size. But again, when the amendment was put to a vote, the P&Z Board voted 3 to 2 not to pass the amendment. -11- 1-07-97 Mr. Randolph stated that he feels there is a need for the proposed use and he would vote in favor of the amendment. Mr. Egan stated that he did not feel the use would be objectionable, especially with the required landscaping. It is much less offensive than some of the other uses that are already allowed in the district, and he would vote in favor of it. Mayor Alperin expressed the concern that by allowing this use to come in at all, it is opening the door to potential future abuses. He also was opposed to allowing the use for a single individual when it will affect all properties zoned Automotive Commercial throughout the city. Mr. Randolph moved to approve Ordinance No. 54-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kise- lewski - No. Said motion passed with a 3 to 2 vote. 10.B. ORDINANCE NO. 60-96 (SECOND READING & SECOND PUBLIC HEARING): An ordinance imposing a moratorium on the acceptance or consideration of applications for conditional use approvals for certain personal wireless service towers and tower facili- ties, and providing for the treatment of outstanding applica- tions. 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. 60-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES; PROVIDING FOR THE TREATMENT OF OUTSTANDING APPLICATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 60-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Speaking from the audience were the following: Richard C. Boqatin, MJA Communications Corp., clarified that applications pending as of December 17, 1996, are exempt -12- 1-07-97 from the moratorium ordinance. He thanked the Commission for imposing a relatively short moratorium period of 90 days and stated that he looked forward to working with staff in an effort to address the various issues. Helen Coopersmith, 1222 South Drive Way, emphasized the need for this issue to be looked at very carefully so that communication towers can be adequately planned for in the city. Alice Finst, 707 Place Tavant, stated she was in favor of the moratorium. She felt it very important that someone investigate further to find out why other communities do not permit communication towers on school properties, aside from the aesthetic issues. There being no one else who wished to address the Commission, the public hearing was closed. As clarification, Mayor Alperin stated that by Federal mandate the City has no right or authority to discuss health issues with respect to this item. Mr. Ellingsworth moved to approve Ordinance No. 60-96 on Second and FINAL Reading, seconded by Mr. Egan. 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. 10.C. ORDINANCE NO. 59-96: An ordinance enacting Chapter 135, "Abatement of Nuisances", of the City Code to provide for the establishment of a Nuisance Abatement Board. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 59-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW CHAPTER 135, "ABATEMENT OF NUISANCES"; PROVIDING FOR THE ESTABLISHMENT OF A NUISANCE ABATEMENT BOARD PURSUANT TO FLORIDA STATUTE SECTION 893.138; PROVIDING FOR OPERATION PROCEDURES, ENFORCEMENT AUTHORITY, AND JUDICIAL REVIEW; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 59-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the -13- 1-07-97 City of Delray Beach, Florida. Speaking from the audience were the following: Dr. Semmie Taylor, 4096 N.W. 2nd Lane, stated that the intent of the ordinance is not clear to him. He asked for an explanation in layman's terms of how the board will function and what its purpose will be. In response, Eric Hightower, Police Legal Advisor, explained that the goal of the nuisance abatement board is to bring about cooperation from people who own businesses and rental properties where there have been issues with prostitution, gang and/or drug activity. If a property is identified as a nuisance within the parameters of the ordinance, Mr. Hightower would determine who the owner and/or the property manager is. That person would then be sent a letter notifying of the activity that is occurring along with copies of the Police reports. The letter would serve as notice that there is a problem and would ask the owner or manager to contact the Police Department to work with the department to curb the undesirable activity. That is the main goal, to gain the owner's or manager's cooperation in resolving the problem. If it turns out that the person just does not want to cooperate and work with the Police department and the activity continues, at that point the matter would be brought to the nuisance abatement board following proper notice. At the hearing, evidence would be presented and the board would be able to hear both sides about what is going on at the property. Once the board hears all the evidence, a determination would then be made as to whether the activity is in fact occurring and if it constitutes a nuisance. If it is determined to be a nuisance, the board will issue an order as to corrective action and the Police Department will assist the board in carrying out the order. Mr. Hightower stressed that the intent is to bring about cooperation. If an owner or manager does not want to cooperate, then the abatement board can be used in an effort to bring about that cooperation. George English, 909 West Atlantic Avenue, explained why he does not feel a nuisance abatement board would be effective. He felt community policing efforts would do much more to solve the problems. Mr. English stated the Paradise Club will cooper- ate and work with any decision made by the Commission. Mary Randolph, 105 N.W. llth Avenue, asked if some of the Police volunteers could be used to help out in the community where some of these problems exist. She also noted that it is very hard and very expensive to get people out of properties once they are in, and asked if the abatement board would be able to help with these situations? Willie Ports, Jr., 634 Angler Drive, asked how the members of the abatement board would be appointed? He did not feel the board would be effective and suggested that the idea be put on hold until more research can be done. -14- 1-07-97 There being no one else who wished to address the Commission, the public hearing was closed. Discussion by the Commission followed. Mayor Alperin noted that one of the questions raised had to do with helping people who have a nuisance identified on their property, what powers will the nuisance abatement board have to help them remove the nuisance? In response, Police Chief Richard Overman explained that while the Police are held respon- sible for what goes on in neighborhoods with respect to the issues of drug dealing, prostitution and other violations of the law, the problem is there are very few tools to work with. Community policing is a very important aspect, but community policing needs more tools than writing reports and making ar- rests. There is a need for some kind of mechanism that helps the Police get compliance from people who really do not care about the community such as absentee landlords. The nuisance abatement board would basically be the final step in trying to get coopera- tion from property owners to overcome situations that detract from the quality of life in neighborhoods. Mr. Ellingsworth stated that while he supports the concept, he is concerned that if the wrong people are appointed there could be some real problems. Mr. Ellingsworth noted that in the rules for the board which had been submitted to the Commission for review, it indicated that the City Commission would have the authority to abolish the board without cause at any time or could remove anybody from the board at any time without cause. This does not appear in the ordinance and he did not feel he could support the ordinance unless such a provision was included. Mr. Randolph stated that he appreciates the problems the Police Department has with these nuisance situations, as well as the problems of business owners and landlords. However, he is very concerned about who will serve on this board and the control these people will have. People who may be appointed to serve on the board may not understand the problems. He felt that if you do not live in the area where the problems occur, you just don't understand the problem. Mr. Randolph felt there could be too much chance that innocent people, including business owners who simply can't control what goes on on their property, could be hurt. He does not want to see a board that does not understand the problem be the final authority to put somebody out of their home or their business. Since he does not know who the right people are to put on the board, the proposed ordinance scares him. Mr. EHan commented that the community policing effort may not be the answer to everything, but it has done a great deal of good. He felt the nuisance abatement board would be another tool to be used by the Police Department to help get the job done. -15- 1-07-97 Ms. Kiselewski commented that while she agrees with Mr. Egan about the board being another tool, she also feels Mr. Ellingsworth's concern about the need to have members serve at the pleasure of the Commission is a valid one. She felt it will be difficult to find the right kind of people to serve on the board, but it could be an effective and useful tool to help some of the neighborhoods. Mayor Alperin stated that if the board is established, the Commission then has the responsibility to make sure those who get appointed to it are going to be very sensitive to the commu- nity. The members must be people who truly care about the quality of life in the neighborhoods and respect everybody else's rights. Mayor Alperin indicated he would support the ordinance, although as amended as suggested by Mr. Ellingsworth. The City Attorney advised that this would constitute a substantive change to the ordinance, and it would need to be readvertised as amended. Mr. Ellingsworth moved to continue the public hearing for Ordinance No. 59-96 to allow the City Attorney to amend the ordinance as discussed and provide for readvertising of the amended ordinance, seconded by Ms. Kiselewski. 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. 10.D. ORDINANCE NO. 58-96: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to revise the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1997. 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. 58-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCOR- DANCE WITH THE INFLATION INDEX CHARGE FOR 1997; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 58-96 is on file in the official Ordinance Book) -16- 1-07-97 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. No one from the audience wished to address the Commission. The public hearing was closed. Ms. Kiselewski moved to approve Ordinance No. 58-96 on Second and FINAL 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. None 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, expressed her concern about the appearance of the Palm Tran bus terminal on Congress Avenue. When presentations were made about the appearance of that property, the City was shown plans with thick hedging and dense vegetation to dissipate the appearance of the facility. What was presented to the Commission has apparently been ignored because what exists at the site now is the absolute minimum amount of landscaping required to be installed. The hedging is not up against the fence nor is there adequate fence screening. Mrs. Finst asked how and why this was allowed to happen and what will be done to see that it does not happen again? 11.B.2. Gerald DeFoe, 142 Mockingbird Lane in Country Manors, spoke concerning the financing of public schools in Palm Beach County. In view of the mishandling of the previous school bond issue, Mr. DeFoe urged the Commission to diligently monitor the situation to help ensure that any and all funds that might become available from any source are earmarked for school construction only and that there be at least a quarterly report to the public on how the money is being used for the sake of accountability. 11.B.3. Jacinta Sobczak, 111 N.W. 40th Terrace in Windy Creek, explained that she had submitted an application for removal of a tree located about 15 feet from her house on her neighbor's property. Her neighbor also wants the tree removed, but it is too expensive, so Ms. Sobczak agreed to pay for it. The tree removal permit was declined by Nancy Davila, City Horticulturist. Ms. Sobczak then spoke with Lula Butler who indicated she would look into the matter, but felt that Ms. Davila's assessment was probably correct. In view of this, Ms. Sobczak asked the Commis- sion if there was any possibility that Ms. Davila and Ms. Butler could be overruled. The tree is very big and she is concerned -17- 1-07-97 about its proximity to her child's bedroom as well as to a screened enclosure she plans to add to her home. ll.B.4. Richard Eckerle, Woodlake resident, echoed Mrs. Finst's comments concerning the Palm Tran bus facility on Congress Avenue. The City was promised that the terminal would be heavily screened with dense landscaping. Also, the County got an excep- tion for the overhead doors to face Congress Avenue because they told the Commission there would be such heavy landscaping the doors would not be visible from cars driving along Congress Avenue. What has been provided is not what was promised, and the City should look into having the County correct the situation. ll.B.5. Gloria Elliott, 345 South Swinton Avenue, stated that the intersection at S.E./S.W. 4th Street and South Swinton Avenue is an extremely dangerous one which needs to be looked at by the City. The traffic is especially bad in the early morning and late afternoon. The intersection is poorly configured and there are visibility/line of sight problems, especially on the west side of Swinton Avenue. Ms. Elliott asked that the City review the situation to see if anything can be done to help make the intersection safer. ll.B.6. Clifford Wriqht, 3930 Lowson Boulevard, stated there is also a very dangerous traffic situation at Martin Luther King, Jr. Boulevard (N.W. 2nd Street) and N.W. 8th Avenue. There used to be a traffic signal at this location, but it was taken down for some reason and now there is a lot of through traffic and speeding. Mr. Wright asked that the City look into this situa- tion before somebody gets hurt. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-97: An ordinance rezoning a 2.55 acre parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District for Borton Volkswagen. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, immedi- ately north of Borton Volvo. If passed, a quasi-judicial/public hearing will be held January 21, 1997. The City Manager presented Ordinance No. 1-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 1,500 FEET NORTH OF ALLEN AVENUE, IMMEDIATELY NORTH OF BORTON VOLVO, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; -18- 1-07-97 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 1-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 1-97 on FIRST Reading, seconded by Mr. Egan. 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.B. ORDINANCE NO. 2-97: An ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District for Gold Coast Medical Center. The subject property is located at the northeast corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. If passed, a quasi-judicial/public hearing will be held January 21, 1997. The City Manager presented Ordinance No. 2-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 2-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 2-97 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 3-97: An ordinance amending City Code Chapter 71 Parking Regulations, Section 71.060 Parking Meter Permits, to remove Ingraham Avenue parking lot as a "resident only parking permit" lot for the Sandoway House, to comply with the interlocal agreement and lease agreement with Palm Beach County dated July 25, 1995. If passed, public hearing January 21, 1997. -19- 1-07-97 The City Manager presented Ordinance No. 3-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.060, "PARKING METER PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REMOVING THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION ON THE INGRA/4AM AVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mayor Alperin opened the floor for public comment. Speaking from the audience were the following: Joam Saks, resident of Pelican Harbor, stated that she has a resident beach parking permit, but was unable to find a parking space at the Ingraham parking lot last weekend since most of the spaces were filled by cars without parking permits. She complained to a Police officer, but was told that nothing would be done at that time. Ms. Saks objected to having paid $53.00 for a beach parking permit if the spaces that are supposed to be reserved for permit holders are open to anybody and nothing is done by the Police. Richard Theriault, 2850 S.W. 13th Street, reiterated Ms. Saks' comments about the beach parking permits. He ques- tioned why resident permits were sold in the first place when the City knew the lot would have to be opened up to County residents as well. Mr. Theriault asked if the City intends to give a refund to people who purchased resident permits if the privilege of parking at the Ingraham lot no longer exists? Alice Finst, 707 Place Tavant, stated that she is opposed to removing the Ingraham Avenue parking lot as a resi- dents only lot. The tax-paying residents of Delray Beach should be entitled to a little something for themselves and that is why the Ingraham lot was set aside for residents only. In response, the City Manager explained that when the City accepted the grant from Palm Beach County for the acquisi- tion of the Sandoway House, a condition of the grant was that the Ingraham parking lot be equally accessible to County residents. Unfortunately, staff took the 'resident parking only' sign down but did not get the 'permit parking only' sign up which has caused a problem with non-permit holders parking in the lot. The signs indicating that the lot is for parking by permit only should be up by tomorrow. However, to keep the Ingraham lot as 'residents only' parking would violate a condition of the grant -20- 1-07-97 and the County would have the right to take the Sandoway House back as their property instead of continuing with the lease with the City. The City Manager continued that if some of the people who have bought parking permits feel that it is not worth it since other people can have access to these spaces, he felt a refund for the balance of the year would be appropriate. The Commission concurred with the City Manager. Mr. Egan moved to approve Ordinance No. 3-97 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion 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. 12.D. ORDINANCE NO. 4-97: An ordinance amending City Code Chapter 73 Parking Schedules, Schedule I (A) (2), (B), (D) Two- Hour/Four-Hour Parking Zones; and Schedule II Parking Meter Zones, to change certain off-street parking areas in the downtown area to 2-hour and 8-hour zones year-round versus 4 hours, and to include the Ingraham Avenue lot as a lot in which parking meters are allowed. If passed, public hearing January 21, 1997. The City Manager presented Ordinance No. 4-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I, TO REVISE PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA, AND AMENDING SCHEDULE II., "PARKING METER ZONES" BY ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 4-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 4-97 on FIRST Reading, seconded by Mr. Ellingsworth. 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. At this point the Commission returned to Item 9.L. on the Regular Agenda. 9.L. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an unexpired term ending March 6, 1998. The appointment will be made by Mayor Alperin. -21- 1-07-97 Mayor Alperin stated that he wished to appoint Richard Eckerle to the Delray Beach Housing Authority to fill an unex- pired term ending March 6, 1998. Mr. Ellingsworth so moved, seconded by Mr. Egan. 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.M. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members to the Code Enforcement Board for three year terms ending January 14, 2000. The appointments will be made by Mayor Alperin (general contractor), Commissioner Kise- lewski (realtor), and Commissioner Egan (subcontractor). Mayor Alperin stated that he wished to reappoint James Griffis to the Code Enforcement Board (general contractor) for a three year term ending January 14, 2000. Mr. Egan so moved, 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. Ms. Kiselewski moved to reappoint John Goodman as a regular member (realtor) to the Code Enforcement Board for a three year term ending January 14, 2000, seconded by Mr. Ran- dolph. 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. Mr. Egan moved to appoint Chris Stray as a regular member (subcontractor) to the Code Enforcement Board for a three year term ending January 14, 2000, seconded by Mr. Ellingsworth. 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 by a 5 to 0 vote. 9.N. REQUEST FOR FUNDING/PALM BEACH COUNTY CULTURAL COUNCIL: (BY ADDENDUM) Consider a request from the Palm Beach County Cultural Council for a grant in the amount of $2,500 toward the cost of an add-on element to the comprehensive cultural plan for Palm Beach County to determine the feasibility of a concert hall for South County. Mr. Egan moved to approve a grant in the amount of $2,500 as requested by the Palm Beach County Cultural Council to be funded from the projected General Fund surplus, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -22- 1-07-97 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer The City Manager informed the Commission that the Board of Adjustment granted an ongoing noise variance for the outdoor entertainment area behind the Dakotah restaurant on East Atlantic Avenue, and the City is being deluged with complaints every weekend about the noise. This is definitely a problem, but at this point he does not know what to do about it. He wanted to let the Commissioners know about the situation and that it is a problem staff is concerned about. Also, with the success of the downtown area, the number of people, people parking and so forth, we're looking at the impact on the Police Department and our deployment. There are some needs there that will have to be addressed. On question, the City Manager stated that the Board of Adjustment gave a variance of up to 110 decibels which is quite loud. Staff has measured the decibel level a number of times and it has never exceeded the 110 decibel limit. Mayor Alperin suggested working with the owners of the business. The City Manager agreed, noting that this is something that will have to be worked out in view of the success of the downtown area as an entertainment center. 13.B. City Attorney. The City Attorney informed the Commission that argu- ments were held on Monday, January 6th, concerning the Solid Waste Authority recycling center. She will let the Commission know when the Judge makes a decision. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth reiterated his request that the Howard Alan Art Festival be checked for the use of balloons over the weekend. He does not have a problem with the use of balloons, but if one event is allowed to use them, they should not be denied for other events. The City Manager clarified that the event is not allowed to use balloons, and a staff person will be there to make sure the balloons are taken down if they go up. Secondly, Mr. Ellingsworth commented that the USTA tennis tournaments recently approved by the Commission for the tennis center seem to be money well spent. The current tourna- ment has brought many women tennis players to town, who are staying at the hotels, eating at local restaurants and generally bringing money into the community. He noted that there is also some very good tennis being played. 13.C.2. Mr. Egan had no comments. -23- 1-07-97 13.C.3. Mr. Randolph stated that he had asked the City Attor- ney's office to provide him with information on the contract with BFI for the City's garbage and trash collection. He is extremely displeased with the trash pickup service being provided by the contractor, particularly throughout the community between Swinton Avenue and 1-95. It looks like a dump. He understands that BFI is not supposed to pick up co-mingled piles, but feels that something is drastically wrong with the service. When the bid was awarded, the Commission specifically asked BFI representa- tives if the level of service the City received from Waste Management would likewise be provided by BFI. They promised that it would be the same level of service, but this has not been the case. The level of service is not there, and he feels that BFI should have given the citizens in this area at least six months of educative procedures before doing what they are doing now, and that is simply not picking up trash piles. Mr. Randolph asked that the Commission sit down with BFI representatives at the January 14th workshop to discuss the situation as it has become a very serious problem. The Commission concurred to place this item on the January 14, 1997, workshop agenda. 13.C.4. Ms. Kiselewski had no comments. 13.C.5. Mayor Alperin asked that he be provided with informa- tion concerning the City's ordinances relative to the use of barbed wire. Mayor Alperin asked who is responsible for maintenance of the entryways to 1-957 The City Manager stated that the City maintains the entrys to a point, but beyond that it is the State's responsibility. Mayor Alperin commented that some of these areas look pretty bad. He has noticed that interchanges in other cities don't look nearly as bad and asked if something could be done to help Delray's look more attractive. Mayor Alperin commented that there has been an outdoor display of jet skis at a business on Federal Highway and asked that it be checked on to determine if there is a code violation. Mayor Alperin commented that the lighting at the new Plaza at Delray (formerly the Delray Mall) is phenomenal. People are very comfortable going in and out of the stores at night. He suggested the lighting standards used at this development be looked at for use throughout the city for any kind of shopping area that is open at night. Lastly, Mayor Alperin commented that on Lake Ida Road, between Congress and Military, the landscape beautification that was put in is not doing too well. He asked staff to look at what is being done in terms of maintenance and evaluate it to see if something else needs to be done because it is not up to the standards in other parts of the city. -24- 1-07-97 There being no further business, Mayor Alperin declared the meeting adjourned at 9:10 p.m. ~ity'Cl~rk ' ATTEST: .~ ~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of January 7, 1997, which minutes were formally approved and adopted by the city commission on ~~ ~ ~7 · ! City C 1 e~rk NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -25- 1-07-97