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03-04-97 MARCH 4, 1997 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, March 4, 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 Nell Hickem, First Baptist Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Alperin noted the following changes to the agenda, by addendum: Remove Item 7.C., Presentation by David Schmidt on the Sister City relationship with Miyazu, Japan, and postpone it to a later date; add Item 9.L., Elimination of State Housing Initiative Housing (SHIP) Training Fund, Item 9.N., March Workshop Meeting, and Item 9.N., Temporary Use Permit for Street Closure/Palm Square, to the Regular Agenda. Mayor Alperin also requested that Item 9.I., Van Pool Program, be moved forward and considered as the first item on the Regular Agenda. 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. Randolph moved to approve the Minutes of the Regular Meeting of February 18, 1997, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None 7. Presentations: 7.A. Sandra Eriksson - 1996 City Golf Championship Awards= Women's Champion - Su Hinton Women's First Flight - Heschmat Neese Men's Champion - Randy Morcroft Men's First Flight - Dave Mihlroth Men's Second Flight - Mayor Jay A1perin Men's Senior - Walter Bowlby Men's Super-Seniors - Don Kirchhoff Sandra Eriksson, Golf Professional at the Municipal Golf Course, recognized the winners of the 1996 City Golf Champi- onship Awards in the respective divisions. Present to accept their awards from Ms. Eriksson were Heschmat Neese, Women's First Flight winner, and Don Kirchhoff, Men's Super-Seniors. Vice-May- or David Randolph presented the Men's Second Flight award to Mayor Jay Alperin. 7.B. Perry Don Francisco - Holiday Toy Drive Committee Presentation. Mr. DonFrancisco noted that the 1996 Holiday Toy Drive marked the program's seventh year. While the success of the program is due to the efforts of many people, he especially recognized Officer Sean Anderson of the Police Department for his contribution. In addition to providing toys and other trimmings for needy families during the holiday season, a program goal has also been to provide the City's after-school program with skill- building toys and materials. Mr. DonFrancisco presented a check in the amount of $3,340.00 to Mr. Joe Dragan, Assistant Director of Parks and Recreation, for this purpose. Mr. Dragon expressed his sincere appreciation to Mr. DonFrancisco and the members of the Holiday Toy Drive Committee on behalf of the City and its after-school program. 7.C. David Schmidt - 20th Anniversary of Sister City rela- tionship with Miyazu, Japan. At Mr. Schmidt's request, this item was postponed to a later meeting. 7.D. Ernst & Young - Annual Financial Report FY 1995-96. Mr. Paul Bremer, Ernst & Young, presented the Compre- hensive Annual Financial Report for the year ended September 30, 1996. He called particular attention to the transmittal letter from the City Manager and the Finance Director which sets forth in summary form a very good history of the City over the last year. Overall, Mr. Bremer reported that the City is in sound financial condition, with no material weaknesses or reportable conditions. In addition, there are management letter comments 2 3/04/97 which are required to be responded to by the City and which will be addressed by the Finance Director. In conclusion, Mr. Bremer stated that the audit was conducted under generally accepted auditing standards, the financial statements are reported under generally accepted accounting principles, and there were no difficulties encountered in conducting the audit. Mr. Bremer complimented the Finance Department staff on their cooperation in preparing for and accommodating the auditors. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION: Approve a request to execute a water service agreement in lieu of annexa- tion for an existing single family residence located in unincor- porated Palm Beach County at 5098 Conklin Drive within the Rockland Park subdivision. 8.B. RESOLUTION NO. 17-97/401A PLAN: Adopt a resolution approving the establishment of a Money Purchase Plan and Trust through the International City Management Association (ICMA) Retirement Corporation for certain eligible employees, and approve the ICMA Prototype Money Purchase Plan & Trust Adoption Agreement #001 for a 40lA Plan. The caption of Resolution No. 17-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ESTABLISHMENT OF A MONEY PURCHASE PLAN AND TRUST THROUGH THE INTERNATIONAL CITY MANAGE- MENT ASSOCIATION RETIREMENT CORPORATION FOR CERTAIN ELIGIBLE EMPLOYEES; PROVIDING A MATCHING PROGRAM, PROVIDING FOR THE CITY TO ACT AS TRUSTEE; PROVIDING FOR ADMINISTRATION OF THE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 17-97 is on file in the offi- cial Resolution Book) 8.C. RESOLUTION NO. 18-97: Adopt a resolution authorizing the City to purchase the S.D. Spady House located at 170 N.W. 5th Avenue and accepting the contract stating the terms and condi- tions for the sale and purchase between the seller and the City. The caption of Resolution No. 18-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 170 N.W. 5TH AVENUE, DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS -3- 3/04/97 FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 18-97 is on file in the offi- cial Resolution Book) 8.D. CLOSE-OUT DEDUCT CHANGE ORDER ~I/SULLIVAN BROTHERS, INC.: Approve close-out/deduct Change Order #1 in the amount of $21,163.50 and final payment in the amount of $48,431.30 to Sullivan Brothers, Inc. for Brandon Drive utility improvements, from 440-5179-536-69.12. 8.E. APPOINTMENT OF BOARD COUNSEL FOR THE NUISANCE ABATEMENT BOARD: Appoint Steven Rubin, Esq. to serve as board counsel for the Nuisance Abatement Board, as recommended by the City Attor- ney. 8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, the Site Plan Review and Appearance Board and the Historic Preservation Board during the period February 18 through February 28, 1997. 8.G. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Ferguson Enterprises, Inc. via City of Hialeah annual contract for water meter boxes and lids, at an estimated annual cost of $14,820.65 from 442-5178-536- 61.81. 2. Bid award to various vendors through contracts with the State of Florida, Florida Sheriffs Association, Orange County Public Schools, and Broward County School Board for replacement vehicles, in the amount of $526,123 from Account No. 501-3312-591-64.20, and $18,703 from 441-5123-536-64.20 Mr. Egan moved to approve the Consent Agenda, 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. REGULAR AGENDA: Item 9.I., Van Pool Program, was moved forward on the agenda. 9.I. VAN POOL PROGRAM: Provide direction regarding the establishment of a van pool program to provide transportation for City residents employed by the Boca Raton Resort and Club to and from the resort. 4 3/04/97 Mayor Alperin explained that several months ago he met with representatives from the Boca Raton Resort and Club and from Palm Tran concerning the Resort's need to hire more employees. Many of the individuals seeking employment live in Delray Beach, but there is a problem with transportation. The original idea was to isolate a Palm Tran route for this purpose, but after considerable negotiation a proposal was developed whereby a bus would be given to the City by Palm Tran and the City, in turn, would lease it to the Resort which would run it at its expense. By working out an arrangement, Delray Beach citizens have an opportunity for employment. Before proceeding any further, Mayor Alperin felt the concept should come before the entire Commission for consideration. At this point, Mr. Bill Smith, representing the Boca Raton Resort and Club, briefly discussed the benefits of the program and concurred with Mayor Alperin that probably the best method would be to have the County give the vehicle to the City and then the City would enter into a separate agreement with the Resort. The City Attorney noted that a substitute title trans- fer agreement between the County and City had been provided to the Mayor and Commissioners this evening. This substitute agreement contains a change to Section 4 which would permit the City to use the van for any public transportation purpose without having to get prior consent from the County. If we want to use the van for another public purpose which is not transportation- related, prior approval from the County would be necessary. During discussion, Mr. Randolph asked about the provi- sion of backup transportation for the employees in the event the van was to break down or be out of commission for some reason? Mr. Smith felt that this was a good point and one that could be addressed and resolved by the participants. After discussion, it was the consensus of the Commis- sion to conceptually approve the title transfer agreement from the County to the City for a minibus to be used in the van pool program, and a separate agreement with the Boca Raton Resort and Club for the operation of the van in conjunction with the pro- gram. These agreements are to be worked out by the City Attorney with the respective parties and brought back to the City Commis- sion for final approval on March 18, 1997. 9.A. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT ATLANTIC ~IGH SCHOOL: Consider a request for conditional use approval to accommodate an existing communication and transmission facili- ty/tower at Atlantic High School. The subject property is located on the east side of Seacrest Boulevard between N.E. 22nd Street and Gulfstream Boulevard, and is zoned CF (Community Facilities) District. QUASI-JUDICIAL PROCEEDING -5- 3/04/97 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 the project file into the record. She stated that the request is for condi- tional use approval of a 150 ft. telecommunication tower at Atlantic High School. The tower has already been installed and is located toward the rear of the buildings near the auditorium. The provider is PrimeCo and there is a commitment from Sprint PCS to co-locate on this tower instead of pursuing the Plumosa Elementary School site. The Planning and Zoning Board considered this matter at a public hearing on February 24, 1997. Most of the public comment had to do with concerns over the health effects of radio frequency exposure. Ms. Dominguez stressed that health concerns are not one of the factors that can be considered with respect to the application, per the 1996 Telecommunications Act. She reported that the Planning and Zoning Board voted 4 to 1 to recommend approval of the conditional use request based upon positive findings with respect to Chapter 3 (Performance Stan- dards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehen- sive Plan, subject to the following conditions: (1) That the tower be a monopole structure no greater than 150 feet in height; (2) That trees be provided every 25 feet along the east half of the south property line and every thirty feet along the south half of the east property line with the trees to be 14 feet in height with a 6 ft. spread at the time of planting; (3) Submission of a non-impacting site plan modification appli- cation addressing conditions of approval; (4) Verification from the F.A.A. (Federal Aviation Administra- tion) that the location and height of the tower is accept- able and must be provided with the site plan submittal; (5) That any proposal to add microwave dishes be processed as a conditional use modification; (6) That if the tower or antenna becomes obsolete, it shall be removed within 12 months of cessation of use. (The appli- cant shall submit an executed removal agreement to ensure compliance with this requirement); and (7) Subject to the communication tower accommodating at least one other provider. -6- 3/04/97 Speaking on behalf of the applicant was Mr. Jerry Knight, attorney representing PrimeCo Personal Communications, who explained that the tower was installed pursuant to what was understood at the time to be the School Board's ability to allow such construction on school sites. However, once it became clear that the City required conditional use approval under its regula- tions, the application was made albeit after the fact. Mr. Knight stated that all of the conditions recommended for approval have been reviewed and they are acceptable to PrimeCo. Further, he stated that Sprint has indicated a willingness to co-locate on the Atlantic High School monopole. If this request is approved, it is his understanding that the application for a tower at the Plumosa Elementary School site will be withdrawn. Mr. Mark Charfella, representing PrimeCo, gave a brief presentation concerning the landscape proposal for the communica- tion tower at the Atlantic High School site. He also explained how the tower at this particular location fits into the radio frequency pattern needed by the PrimeCo to service its customers. Prior to opening the proceeding to public comment, Mayor Alperin emphasized that the consideration of health related issues with respect to the conditional use application cannot, by law, be made part of the deliberations or used as a basis to deny the request. Speaking in favor of the conditional use request was Mr. Rich McGloin, 2275 North Swinton Avenue, who stated that in general he is not in favor of communication towers in residential areas. However, he felt that Atlantic High School's campus is large enough to accommodate the proposed tower so that it is not offensive to the neighborhood and will not have a detrimental impact on the surrounding area. No one from the audience wished to speak against the proposal. Discussion by the Commission followed. Mayor Alperin expressed his disappointment with the School Board going beyond its rights and allowing the tower to be installed without first having received approval. He also noted that according to the backup material, the old tower at the high school is also going to remain on site. He questioned why the transmissions to the old tower could not also be transferred to the new monopole structure? In response, Ms. Patricia Steinkuehler, Planning Specialist with the School District, stated that the cement pole which houses the ITV equipment must be located near the media center in order to receive the signal from the production center in Boynton Beach. The PrimeCo tower is located in the center of the campus near the athletic facilities where it was felt it would blend in better. Mayor Alperin commented that perhaps the two facilities could have been combined into one tower if the proposal had been done right in the first place. -7- 3/04/97 Mr. Egan moved to approve the conditional use request for the communication tower at Atlantic High School, based upon the findings and subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.B. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL: Consider a request for conditional use approval to allow the installation of a communication tower at Plumosa Elementary School. The subject property is located at the southeast corner of N.E. 19th Street and N.E. 2nd Avenue (Seacrest Boulevard), and is zoned CF (Community Facilities) District. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING) The City Manager stated that a request for a two week postponement had been received from the applicant. On question from Mayor Alperin as to why the application was not being withdrawn, Ms. Patricia Steinkuehler, Planning Specialist for the School District, stated that the request for postponement had been submitted pending Commission action on the tower application at Atlantic High School. Now that that application has been approved, she anticipated a formal withdrawal of the Plumosa application would be forthcoming from the School District. Ms. Kiselewski moved to postpone consideration of the conditional use request for a communication tower at Plumosa Elementary School for two weeks to the March 18, 1997, regular meeting, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce to close Atlantic Avenue at Palm Square versus NE/SE 7th Avenue for the Delray Affair and to split the additional costs 50/50 with the City. Robert A. Barcinski, Assistant City Manager, explained that the request is to extend one block east to Palm Square the boundary for the Delray Affair on Atlantic Avenue. Staff re- viewed the request in terms of traffic control and safety and determined that it is feasible and safe by using additional Police officers and barricades. The estimated additional cost is about $2,800.00 which will be split 50/50. There are some concerns in terms of traffic impact by redirecting traffic on to Palm Square, but staff recommends approving the request on a one-time trial basis to see how it works. By allowing the closure at Palm Square, an additional twenty-five (25) booths can be added which will help alleviate the overwhelming demand for space. -8- 3/04/97 Mr. Ellingsworth moved to approve the request to close Atlantic Avenue at Palm Square on a one-time trial basis and split the overtime and barricade costs for the Delray Affair, 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.D. TRAFFIC STUDY COSTS/CONVERSION OF ONE-WAY PAIRS TO TWO-WAY TRAFFIC: Consider proceeding with a study relative to the conversion of the one-way pairs to two-way traffic. The City Manager noted that staff had gotten some prices from three traffic engineering/planning firms regarding the costs involved in preparing a study of the conversion of the downtown one-way pairs to two-way traffic. Ballpark figures range from $6,500 up to $10,000 and were provided without a written scope of services so they should not be considered final. Support for the study has been expressed from Pineapple Grove Main Street and the Community Redevelopment Agency. Staff's recommendation at this point is to contact FDOT and work with them in preparing a scope of services and to solicit firmer prices on the study. Mr. Tom Fleming, Program Manager for Pineapple Grove Main Street, Inc., reported that the one-way pairs study is supported by the CRA, the Chamber President, the Joint Venture, Atlantic Avenue Association, Pineapple Board Main Street Board, and Mr. Gillie of Old School Square. The Police Chief has also indicated he would like to see the study done. In addition, Mr. Fleming has spoken with Mrs. Beer of PROD and the President's Council about presenting this issue to their membership to be better able to gauge their response. Lastly, letters have been received from the Seacrest Homeowners Association, Lake Ida Property Owners Association, and Woods of Southridge Homeowners Association in support of the study. Mr. Fleming also submitted for the record the signatures of the membership of the Pineapple Grove Main Street Design Education and Technical Assistance group in support of the study. Mr. Fleming encouraged the City Commis- sion to direct the City Manager to proceed with further study on this question in an effort to develop the data that will allow the bigger questions to be addressed. Jean Beer, speaking on her own behalf, stated that she feels very strongly that the CRA, the DDA and Pineapple Grove Main Street should pay for the study rather than the entire City since it will benefit the individual property owners along those streets. She felt the only thing that could be supported at this time is simply the study because there are too many potential ramifications from changing the traffic flow on the one-way pairs. 9 3/04/97 With respect to sharing the cost of the study, Mr. Fleming felt that groups such as the DDA and Pineapple Grove Main Street might be willing to contribute funds to help pay for it. Mr. Randolph suggested that input from the Fire Chief be obtained relative to any public safety issues with respect to emergency vehicles. Mr. Egan stated that he feels the study is not to benefit only the merchants along the pairs, but rather the entire City in view of what is happening on Atlantic Avenue with all of the traffic congestion. It should be viewed as a possible means to alleviate traffic on Atlantic, not just benefit business owners. With respect to the scope of services, he felt strongly that the study should not just address the one-way bypass system but should also incorporate a number of other issues affecting the east/west traffic flow and overall traffic circulation in the downtown, including traffic signals and synchronization of the lights downtown. Mr. Egan felt the Commission should be involved with and comment on any proposed scope of services since this is ultimately an issue for the entire City. Mr. Ellingsworth concurred with Mr. Egan to include other aspects in the study and in the RFP include additional things that might tie in with the overall picture downtown. He also felt it would be highly desirable if there were to be some financial input from the DDA, the CRA and others who might be interested. Mr. Randolph, too, felt that the scope of services ought to include issues beyond the one-way pairs, including any changes which might be necessary for downtown parking. Ms. Kiselewski felt that events have changed signifi- cantly enough since the one-way pairs went in to help motivate the study, but agreed that all of the other issues being dis- cussed with respect to the traffic flow in the downtown also need to be looked at. In summary, the City Manager stated that staff will work on developing the scope of services which will then be brought back to the Commission for consideration before putting it out for proposals. The basic issues are east/west traffic through the downtown area and circulation within the downtown itself. The one-way pairs are only one facet of these issues. At this point, the time being after 7:00 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 11-97 (SECOND READING AND SECOND PUBLIC HEARING) An ordinance amending LDR Section 4.4.27, "Open Space -10- 3/04/97 and Recreation (OSR) District", by adding child care programs as an accessory use to the principal uses of parks and recreational facilities. 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. 11-97: 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 ~ND 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. Kathy Stokes, 1220 Southways, stated that while she supports the proposed text amendment, she felt the language should be clarified to make it clear that child care programs and any facilities that may be built to house them will be allowed in the OSR district as an accessory use to (B) (1) and {2) only if they are operated by or under an agreement with the City of Delray Beach. There being no one else who wished to address the Commission, the public hearing was closed. After discussion, it was the consensus of the Commis- sion that the ordinance as drafted contains the necessary safe- guards to protect against the misuse of OSR zoned land for child care programs and facilities. Mr. Egan moved to approve Ordinance No. 11-97 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; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. -ii- 3/04/97 11.A. City Manaqer's response to prior public comments and inquiries. There were no comments or inquiries at the last meeting which required a response. ll.B. From the Public. 11.B.1. Jean Beer, 945 Tropic Boulevard, requested that consid- eration be given to amending the City's street closure ordinance. She felt that when a street is closed for public safety reasons, the City should pay the cost and neighborhood associations should not be double-taxed to pay for the closure. Mrs. Beer also felt there is probably a less expensive way to do this and suggested trenches could be dug and then planted with bougainvillea hedges. 11.B.2. Albert Heller, 3130 N.W. 10th Street, spoke concerning the Palm Tran bus depot on Congress Avenue. He felt that the representatives for Palm Tran had broken their promise to install berming and landscaping around the entire perimeter of the site. He urged the City to seek assurance that the facility is properly screened so that the property will be hidden from all points, including the introduction of additional landscaping. 11.B.3. Jay Slavin, resident of Rainberry Bay, stated that the residents of Delray Beach were repeatedly assured by Palm Tran representatives that the bus depot on Congress Avenue would not be visible from the street. She commented that the overhead doors which face Congress Avenue are always open, the lighting is very bright, and the final product is a complete contradiction of what was originally proposed and promised. Ms. Slavin felt that the facility is detrimental to the residents living west of 1-95 and will adversely affect future development in the area. She urged the Commission to do something about these concerns. 11.B.4. Alice Finst, 707 Place Tavant, spoke on behalf of the Chatalaine Board of Directors of the Homeowners League to oppose any effort to widen Lake Ida Road between Congress Avenue and Military Trail. She stated that since the early 1980s, residents in the area have asked that nothing be done to the road other than repairs and maintenance. Insofar as the residents of Country Manors having difficulty accessing Lake Ida Road due to the traffic, Mrs. Finst suggested that they either install a traffic signal or reopen a closed access to Barwick Road. She urged the Commission not to pursue the widening of this segment of Lake Ida Road as it would be a great disadvantage to all of the residents living along the roadway. 11.B.5. Joe Kamarata, 764 Avocet Road, made the following suggestions: 1) rather than using the standard speed limit signs on the side of the roads, consider painting the speed limit/miles per hour in bold letters on the roads themselves; 2) suggested holding a chili cook-off at the tennis center to be headed up by the Parks and Recreation Department; and 3) rather than using -12- 3/04/97 barricades to close off a street, use culvert pipe sections filled with dirt and planted with bougainvillea. 12. FIRST READINGS: 12.A. ORDINANCE NO. 12-97: An ordinance amending Article 4.6, "Supplemental District Regulations", of the Land Development Regulations by enacting a new Section 4.6.21, "Security Bars", and a related provision to Appendix A (Definitions). If passed, public hearing on March 18, 1997. The City Manager presented Ordinance No. 12-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 4.6.21, "SECURITY BAR", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS ON STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN INDUSTRIAL ZONING DISTRICTS; AMENDING APPENDIX A, "DEFINITIONS" OF THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF DELRAY BEACH, TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR BARS"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEAL- ER CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 12-97 is on file in the official Ordinance Book) Mr. Randolph commented that there is a need for securi- ty bars; however, those individuals who view security bars as being unsightly, etc., would have a different outlook if they operated those businesses. He emphasized that this is a very serious issue, and the persons who are endorsing this amendment would feel differently if it were their businesses which would be affected by burglaries. He pointed out that originally, the businesses on West Atlantic Avenue had painted their security bars the same color of their building which might have had some adverse affect. Mr. Randolph stated that knowing this corridor as well as he does, he could not support the ordinance at this time. Mr. Egan stated that being a former business owner at the corner of Swinton and Atlantic Avenue, his business had been broken into and he thoroughly understood has how it feels to be a victim of crime. He pointed out that this area of town is changing for the better because of community policing, etc., and that the City should move forward. The CRA is very interested in encouraging redevelopment on West Atlantic Avenue and they have -13- 3/04/97 put forward their efforts to assist any business owner by paying 50% of the costs to replace some of the security bars with newer technology. Ms. Kiselewski stated that recently she had driven through the City of Miami and noticed the abundance of security bars. She pointed out that her first reaction was not of aes- thetics but of fear; that there was crime in the vicinity and she should be careful. Because of this factor she did not want the entrance to our city to have this kind of perception and that we should move forward. Mayor Alperin stated that security awnings were in- stalled at his office building which simply pulled across the windows like hurricane shutters; however, they are open during the daytime hours. He felt that the presence of the existing security bars provides a negative image and will actually hinder redevelopment. Mayor Alperin noted there are other alternatives which can be considered for means of protection. It was pointed out by Mr. Randolph that many business owners along West Atlantic Avenue have financial problems and have enough problems just trying to stay in business. He empha- sized that the area of town that has different problems than businesses on East Atlantic Avenue. These businesses depend on pedestrian traffic in this area. Mr. Randolph expressed concern that these business owners may be forced out of business because of lack of security protection. Motion by Mr. Egan to approve Ordinance No. 12-97 on First Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. At this point, the Commission returned to Item 9.E. on the Regular Agenda. 9.E. DRUG TASK FORCE LEGISLATIVE ISSUES. Mayor Alperin explained that the Drug Task Force's treatment goals have identified that there is a significant gap in available services in the South County, especially concerning women (and women with dependent children) services, adolescent services, and detox services. Since the south half of the County has 50% of the population, there is an acute need for additional services. The Drug Task Force is seeking the Commission's permission to have the Mayor lobby our legislators for funding for these items while he is in Tallahassee on March 12, 1997. It was the consensus of the City Commission to support the Drug Task Force's request for the Mayor to lobby for addi- tional services in the South County. -14- 3/04/97 9.F. RENEWAL AGREEMENT FOR AUDITING SERVICES/ERNST & YOUNG= Approve a renewal agreement with Ernst & Young LLP to audit and report on the general purpose financial statements of the City for the years ending September 30, 1998, 1999 and 2000. Mr. Egan moved to approve the renewal agreement for auditing services with Ernst & Young, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. AMENDMENT TO LETTER AGREEMENT/SEA TURTLE CONSERVATION PROGRAM: Consider approval of an amendment to the letter agree- ment with Dr. John Fletemeyer for the Sea Turtle Conservation Program to include additional pre-season work in 1997, extend the agreement through the year 2000, expand the monitoring period by six weeks and increase the annual contract amount. The City Manager commented that our contractor, Dr. Fletemeyer, has agreed to do the additional work to extend the monitoring to begin on March 1st as opposed to April 15th al- though he indicates that he feels it is a waste of taxpayers' money since we have not observed nesting in Delray Beach during the expanded time frame. However, the Florida Department of Environmental Protection insists that the monitoring start on the earlier date or we will have to cease our beach cleaning opera- tion. He suggested that the City may want to pursue some type of appeal through the administrative hearing process or some other means, but in the meantime he recommended that the Commission go ahead and accept the amendment to the letter agreement with Dr. Fletemeyer. After discussion, Ms. Kiselewski moved to approve the amendments to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation program, with the caveat that if the City is successful in appealing the start date that the appropri- ate adjustment will also be made to the letter agreement; second- ed by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 9.H. SPECIAL LOBBYISTS FOR BEACH RENOURISHMENT DEDICATED FUNDING SOURCE: Consider a request from the Florida Shore and Beach Preservation Association (FSBPA) for a contribution to hire two special lobbyists who will support House Bill 103 and its Senate companion for creation of an annual stable funding source for beach renourishment. Mr. Randolph moved to approve the Florida Shore and Beach Preservation Association's request for support of the special lobbyists for a beach renourishment dedicated funding source, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. -15- 3/04/97 Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.J. WORKSHOP WITH CODE ENFORCEMENT BOARD: Consider sched- uling a joint work session with the Code Enforcement Board. It was the consensus of the Commission to schedule a joint session with the Code Enforcement Board for the regular workshop meeting in April (April 8, 1997). It was further suggested that this item be scheduled as the first item on the agenda and that the discussion be kept focused, possibly through the use of an agenda. 9.K. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1997. Appointment by Mayor Alperin (Seat %5). Mayor Alperin stated that he wished to appoint Anthony Damiano to the Historic Preservation Board to fill an unexpired term ending August 31, 1997. Mr. Ellingsworth so moved, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.L. ELIMINATION OF STATE HOUSING INITIATIVE HOUSING (SHIP) TRAINING FUND (ADDENDUM): Consider authorizing the Mayor to send letters on behalf of the City Commission strongly urging State Legislators not to cut the Department of Community Affair's current State Housing Trust Fund budget spending authority for the Catalyst Program or eliminate a funding source for the out-sourcing of the Catalyst Program's technical assistance. The City Manager stated that the City has used the training that is provided through this funding source, it has been beneficial for staff, and he would recommend that the Mayor, on behalf of the City Commission, send the appropriate letters on this issue. It was the consensus of the Commission to authorize the Mayor to send the appropriate letters on behalf of the City Commission. 9.M. MARCH WORKSHOP MEETING (ADDENDUM): Consider cancelling the workshop session currently scheduled for Wednesday, March 12, 1997. Mayor Alperin stated that he will be out of town on March 12th. The City Manager stated that there are two items on the Special Meeting agenda. One of the items is to canvass the -16- 3/04/97 returns and declare the results of the March 11, 1997, municipal election. The City Manager stated that the other item that he wished the Commission to consider is the approval of an agreement with Omnicom, Inc. for consulting services relative to the design and implementation of a Tri-City 800 MHz Trunked Simulcast Radio System. However, the contract was just received today and it will have to be placed on a future agenda. The City Manager pointed out that this radio system is being considered to serve the cites of Delray Beach, Boynton Beach and Boca Raton. Staff estimates that Delray Beach could be included in this system with an estimated cost of $1.5 million; otherwise, it will cost $4.5 million to have our own system. Eventually, the Federal Communications System will force us to go into this 800 MHz system. The City of Boca Raton is moving ahead with their plans and they need to know if we would be willing to commit or not. Also, we need to have at least the first phase study done in order to quantify our needs and to know what our costs will be. The City Manager noted that direction is needed con- cerning participation of the annual Town Hall meeting. This year several new groups had asked to be placed on the agenda. He noted that this leads to a rather lengthy meeting. Direction is needed as to who should be included in the program and allowed to make presentations. Another item which was to be considered was the City's procedures regarding street closures. The City Manager suggested that the Commission hold only the Special Meeting and cancel the workshop. After brief discussion, it was the consensus of the Commission to hold only the Special Meeting on March 12, 1997. 9.N. TEMPORARY USE PERMIT FOR STREET CLOSURE/PALM SQUARE (ADDENDUM): Consider a request from the Blue Anchor restaurant for a temporary use permit to close Palm Square (from Atlantic Avenue to the parking lot entrance at Busch's) on Saturday, March 15, 1997, from approximately 1:30 p.m. to 7:00 p.m. The City Manager stated that the request was just received today from the Blue Anchor restaurant to close Palm Square from Atlantic Avenue to the Busch's parking lot entrance. He noted that the Blue Anchor restaurant is bringing a band from Ireland; thus, the urgency for the request. Staff recommends that the owner be required to hire and pay for the services of one police officer at time and a half for crowd control; and, to pay for the replacement and removal of the barricades from the street. The City Manager noted that request for a waiver for alcohol consumption waiver in the closure area can be handled administratively. Mr. Ellingsworth moved to approve the temporary use permit to close Palm Square from Atlantic Avenue to the parking lot entrance at Busch's restaurant and the use of a public street -17- 3/04/97 annexed into the City. At the time it was built, the County allowed the concrete streets in the subdivision to be built to such a standard that the County would not accept them for mainte- nance. When the property was annexed, it was with the under- standing that although the streets are public the City did not accept them for maintenance. The homeowners are now interested in having the City take over street maintenance, and staff is concerned about the long term health of this area as a residen- tial community if the street problem is not addressed. For this reason, staff feels that some City participation is warranted and has proposed to the homeowners that the City contribute one-third of the cost for rebuilding the streets with the homeowners paying the remaining two-thirds. The City Manager stated that he received a letter from the Woods of Southridge dated February 26, 1997, which states that they are willing to move forward on this basis. If the Commission is interested in pursuing the matter, staff estimates the total project cost to be about $300,000.00 with the City's share at $100,000.00. Staff would do the design and set it up as an assessment project. It was the consensus of the Commission to support the proposal, with direction to staff to initiate the process for a special assessment district. 13.B. City Attorney. The City Attorney had no inquiries or comments. 13.C. City Commission. 13.C.1. Ms. Kiselewski provided an update on the Municipal League meeting held February 26, 1997. As to concurrency, the League feels that right now the School Board and Palm Beach County are supposed to be working together on this issue and will be coming back to the League. Also, there was a request that if anybody from the City is going up to Tallahassee on March 12th and is able to spend some time with the League Director while there, it would be appreciated. Finally, with respect to the telecommunications issue, Ms. Kiselewski reported that a Gover- nor's task force had been put together to look at this issue but it was highly slanted toward the industry in terms of membership. The task force came up with a recommendation to eliminate the taxes that currently exist and use one uniform fee statewide that would then be distributed back to the counties and local govern- ments. The concern with this is that it may be sold as a way to get money for education. She felt this was a concern and urged the Commission to keep an eye on this issue. Another part of the task force is that they want to remove the cable television and telecommunications franchise fee and replace it with what they call a "privilege fee" Ms. Kiselewski suggested that once the report is finalized, the City should review the report and evaluate how this might impact the City. Ms. Kiselewski conclud- ed by reporting that supposedly the School Board will be dropping -19- 3/04/97 for this purpose, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. The City Manager reported that he has been invited to participate in Leadership Florida and that he is interested in doing so. There is a participation fee of $1,000.00 plus travel and associated costs to attend four or five meetings over the course of the year. He asked if the Commission felt this would be beneficial to the City and would be willing to have the City pay the costs for his participation. It was the consensus of the Commission to grant the City Manager permission to pursue this matter. The City Manager reported that an issue of the magazine Florida Builder recently published an article entitled "Historic Preservation: What Price and Who Pays?", which contained more than a page about Old School Square. It reflected a very pos- itive attitude about the City's experience with historic preser- vation. In response to Mr. Ellingsworth's previous inquiry about trapping wildlife, the City Manager stated that there are a number of problems associated with this issue. State regulations require trapped wildlife to be subsequently transported from the site where they are trapped and released on property that has been approved for that purpose by a State biologist. The only piece of property that we know of in our general vicinity is somewhere in Broward County, and it would be impractical for the City's Animal Control Officer to transport wildlife that far. Since the City does not have the facilities to care for or feed anything other than domestic animals, we would have to transport animals immediately after capturing them so the Animal Control Officer would be out of the City for extended periods. The animal can be humanely put to sleep, but we do not feel that is a viable option. The City does advise residents to obtain the services of a private trapper for wildlife and our Animal Control Officer explains preventative measures that people can take to help solve wildlife problems. We do have specific literature on raccoons since that is what most of the complaints are about. With respect to the matter of rabid raccoons, the City is inves- tigating this matter also. The City Manager reported that staff has been working with the residents of the Woods of Southridge for some months now and has developed a tentative proposal concerning the streets in that subdivision for the Commission's consideration. Originally, the Woods of Southridge was built in the County and subsequently -18- 3/04/97 their legislative push to avoid local review of their sites for communication towers. 13.C.2. Mr. Randolph requested a joint meeting between the City Commission, the Community Redevelopment Agency and whatever other agencies might be appropriate for a frank discussion concerning West Atlantic Avenue. He feels there is a need for dialogue as to the direction for this corridor and it is time to take action on this issue. Mr. Randolph asked that this meeting be held sometime during the month of April or at the latest in early May, 1997. At this point, the City Manager mentioned that the City Commission should also be thinking about some dates for another goal-setting session. He suggested the use of an outside facili- tator this time, with the date to be set after the new Commis- sioner comes on board. 13.C.3. Mayor Alperin commented that he had been given a recent copy of The New York Times which contains almost a full page ad about the grand opening of ABC Carpet on Congress Avenue in Delray Beach. There being no further business, Mayor Alperin declared the meeting adjourned at 8:30 p.m. ~ity'f~k / 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 March 4, 1997 which minutes were formally approved and adopted by the City Commission on ~~ /8 7997 - City Cl~r~ 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. -20- 3/04/97