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04-15-97 APRIL 15, 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, April 15, 1997. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt 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 Timothy Woodard, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 9.J., Proposal for a Combined Accessway/Camino Real Hotel and the City's North Parking Lots, to the Regular Agenda by addendum. The City Attorney noted a modification to Item 8.G., Settlement Agreement/M&P Concrete Products, Inc. of the Consent Agenda. In addition to the M&P Settlement, Ms. Ruby stated that this item should be amended to include the Harvel Settlement subject to the documentation which has been provided to the Commission. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - 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, Mayor Alperin announced that Pathways to Recovery, Inc. (Item 10.B.) has requested a thirty (30) day postponement of the second reading to re-evaluate their applica- tion. The public hearing on this item will be continued to a date certain of May 20, 1997. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regular Meeting of April 1, 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; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve the Minutes of the Special Meeting of April 8, 1997, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. OF NOTE: Soroptimist International of the Americas 1997 South- east Regional Conference Days - May 2-3, 1997 Mayor Alperin presented a proclamation recognizing May 2-3, 1997 as Soroptimist International of the Americas 1997 Southeast Regional Conference Days in Delray Beach, Florida. 7. Presentations: 7.A. Donation of tapes from Nostalqia Network (Adelphia Cable) to the Delray Beach Public Library Sid Snyder, Community Relations Coordinator for Adel- phia Cable, commented that the way Adelphia has been received as a cable company coming into Delray has been outstanding. He stated that Adelphia feels a very big part of all the activities that are taking place in Delrayo Mr. Snyder stated that Adelphia has been the media sponsor for downtown when East Atlantic Avenue opened up and they also completed a taping of all the businesses in the area. Further, he reiterated that it is great pleasure for Adelphia to come into Delray. Mark Alfred, General Manager for Adelphia Cable/South County area, echoed Mr. Synder's comments and thanked the Commis- sion for allowing him the opportunity to give this presentation. Lisa Lawson, speaking on behalf of Nostalgia Televi- sion, stated that she is extremely happy to make narrative tapes available to Adelphia Communications and happy to donate the narrative tapes to the Delray Beach Public Library. She ex- plained that these narrative tapes are classic movies that are narrated with unobtrusive narration between the original dialogue of the film giving a visually impaired person an image of what is happening in the movie (scenery, setting, and action). Further, she informed the Commission that Nostalgia Television can be -2- 04/15/97 found on Channel 63 in Delray and thanked the Commission for the opportunity to give this presentation. Harvey Brown, Jr., President of the Board of Directors for the Delray Beach Library Association, accepted the narrative tapes on behalf of the Delray Beach Library and expressed sincere appreciation to Mr. Synder, Mr. Alfred, and Ms. Lawson. He stated how grateful the Delray Beach Public Library is for all the support they have received from the City Commission and emphasized that because of people from Nostalgia and Adelphia, the library is able to provide tapes for a segment of our commu- nity who otherwise would not have them. Ultimately, Mr. Brown stated the goal of the library is to attract as many people as possible and make them feel comfortable along with making them understand that the library has something to offer for everyone. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. IN-LIEU PARKING AGREEMENT/BANKER'S ROW GRILLE: Approve an agreement for payment of $24,000 in-lieu of providing four required parking spaces in conjunction with the Banker's Row Grille project located on the east side of N.E. 1st Avenue, north of Atlantic Avenue. 8.B. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL/AFTER SCHOOL PROGRAM: Authorize staff to submit a grant application to the Children's Services Council for funding in the amount of $90,189 to help fund the 1997/98 After School Program. 8.C. GRANT APPLICATION/WORKPLACE EDUCATION PROGRAM: Author- ize staff to submit a grant application for Federal funding to provide a workplace education program for City employees who need assistance in improving their English language proficiency, in conjunction with the Palm Beach County Literacy Coalition. This is a 75%/25% reimbursement-type grant, with the City's share to be funded from FY 1997/98 budget. 8.D. SPECIAL EVENT REQUEST/USA BEACH VOLLEYBALL: Approve a request from USA Beach Volleyball for special event approval to allow two tournaments on the City's beach, May 31-June 1, and October 11-12, 1997. 8.E. WATER MAIN EASEMENT DEEDS/BLOOD'S HAMMOCK GROVES: Accept two easement deeds from the Blood family for utility easements to allow access for the City to maintain the newly installed water main associated with the Blood's Hammock Groves business. 8.F. ENGINEERING CONSULTANTS CONTINUING SERVICES CONTRACTS: Approve the Selection Committee's list of four engineering firms to be used for continuing services for electrical, mechanical, plumbing and structural engineering, and authorize staff to prepare the appropriate agreements. The firms selected are: -3- 04/15/97 Ralph Hahn and Associates, West Palm Beach Teele & Associates, Boynton Beach O'Donnell, Naccarato & Mignogna, West Palm Beach Thompson Engineering Consultants, Delray Beach 8.G. SETTLEMENT AGREEMENT/M & P CONCRETE PRODUCTS, INC.: Approve settlement agreement for M & P Concrete Products, Inc. v. City of Delray Beach and the Lake Worth Drainage District as recommended by the City Attorney. 8.H. AGREEMENT AND GENERAL RELEASE FOR BEACH ACCESS/FAU HUMAN POWERED SUBMARINE TEAM: Approve an agreement and general release with Florida Atlantic University to allow the FAU Human Powered Submarine Team to use the City beach access at Casuarina Street for practice purposes. 8.I. PURCHASE OF HTE BUILDING PERMITS VOICE RESPONSE SYSTEM: Approve a supplement to the Software License Agreement between the City and HTE, authorizing the purchase of, and payment schedule of the Building Permits Voice Response System (DIRECT TALK), in the amount of $30,588 for the Building and Inspections Divisions of the Community Improvement Department. Funding is available from 001-2721-524-64.11. 8.J. RESOLUTION NO. 30-97: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 304 S.W. 7th Street. City Manager recommends approval. The caption of Resolution No. 30-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 30-97 is on file in the offi- cial Resolution Book) -4- 04/1S/97 8.K. RESOLUTION NO. 31-97: Adopt a resolution assessing costs for emergency abatement action required to board up an unsafe building at 317 S.W. 15th Terrace. City Manager recom- mends approval. The caption of Resolution No. 31-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OP THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 31-97 is on file in the offi- cial Resolution Book) 8.L. RESOLUTION NO. 32-97: Adopt a resolution assessing costs for abatement action required to remove junked vehicles on four properties located within the City. The caption of Resolution No. 32-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 32-97 is on file in the offi- cial Resolution Book) -5- 8.M. RESOLUTION NO. 33-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 31 properties throughout the City. The caption of Resolution No. 33-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OR NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 33-97 is on file in the offi- cial Resolution Book) 8.N. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE: Ratify the appointment of Jennifer Buce, representing the Parks and Recreation Department, Jeffrey Messer, representing the Police Benevolent Association, and the reappointment of Edward Smith, representing the Police Department, to the Kids and Cops Committee, all for two year terms ending April 22, 1999. 8.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period March 31 through April 11, 1997. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Complete Property Services for landscape maintenance for George Bush Boulevard and West Atlantic Avenue between Swinton Avenue and 1-95, in the amount of $21,986 from 119-4144-572-46.40. Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: -6- 04/15/97 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI- SION= Consider an appeal of SPRAB action with respect to the site plan for the Public Beach Parking lot located on the west side of A1A, north of Atlantic Avenue. QUASI-JUDICIAL PROCEEDINH The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Alperin declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This appeal concerns a site plan for the relocation of the City parking lot which is being necessitated by the expansion of the Camino Real Hotel. The site plan for the City lot was considered by SPRAB on March 19, 1997. At that meeting, members of the public spoke and expressed concerns that the use of the lot during the evening hours would be disruptive to the residen- tial development to the north. The Board voted 5-0 to approve the site plan for the parking lot, subject to a condition that a gate be provided in front of the lot to be opened or closed, pursuant to the City Commission's discretion regarding the hours of operation of the parking lot. This action was appealed by the City Commission at its meeting of April 1, 1997. The following individuals spoke in opposition of the appeal: Doak Campbell, representing Manor House Condominium, urged the Commission to restore the option of putting the gate in the site plan as it was approved by SPRAB. He stated it is important to have consideration of what the residential communi- ties in that area feel about the issue and feels that they should have full input regarding this issue. He feels having a non-gat- ed parking lot abutting so close to a residential development would not only pose problems to the people at the Manor House Condominium, but it could set a bad precedent for possible changes in other locations in the beach area. Joan Baccari, Beach Property Owners Association, stated that there should be no appeal as all beach parking lots in the City are gated. She stated that this property in particular which abuts residential property (The Manor House) needs the control that the gates will bring. In addition, Ms. Baccari expressed concern over parking. She urged the Commission to protect the surrounding neighborhood. ? 04/15/97 William Gray, resident at the Manor House Condominium, is in favor of installing a gate at the Fire Station #2 beach parking lot immediately north of the Camino Real Hotel. Nicholas "Ned" Cucci, resident at the Manor House Condominium, is strongly opposed to the appeal and urged the Commission to have the parking lot gated. Carol Britman, resident at the Manor House Condominium, urged the Commission to not let the parking lot become a commer- cial venue. Alice Finst, 707 Place Tavant, is strongly opposed to the appeal and believes that by leaving the gate in place the City is showing that this is a City piece of land paid for by City taxpayers for the use of residents who will be using the beach. She urged the Commission to install the gate and put a lock on it. Mayor Alperin closed the public hearing. Mr. Ellingsworth feels that the gate should be left in place and recommended that the Commission make a determination at a later date as to what hours it is used, etc. Mr. Randolph agreed with Mr. Ellingsworth to leave the gate where it is and readdress this issue at a later date. Mr. Schmidt agreed with Commissioner Ellingsworth and Commissioner Randolph's comments about leaving the gate on the site plan and then deal with the issue of accessway at a later date. Mr. Egan concurs with the other members of the Commis- sion to leave the gate as is and address the issue of accessway later. However, he feels that people need to be careful with giving up an opportunity for parking for the people who have businesses. In addition, he commented on extending the time limit because he feels this lot has been used for more than beach parking over the years. For clarification, Mayor Alperin inquired as to whether or not there is any history of problems in the parking lot. In response, the City Manager stated that he is not aware of any problems but like any other City property, drinking on the property would be a violation of City code unless there had been a waiver granted. Further, the City Manager stated that people could be arrested for drinking there. Mr. Egan moved to approve the appeal of the Site Plan Review and Appearance Board, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion failed with a 3 to 2 vote. 8 04/15/97 9.B. CONDITIONAL USE REQUEST/BOWLING ALLEY: Consider a Conditional Use request to allow the establishment of a bowling center within the Delray Square Phase II Shopping Center (former Ames/Zayre bay) located on the east side of Military Trail, north of Atlantic Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This is a conditional use request to establish a bowling center within the remaining portion of the commercial bay previously occupied by Zayres, and subsequently Ames discount store at the Delray Square Phase II Shopping Center. The pro- posed bowling center would occupy 50,000 square feet of the 80,000 square foot bay. The center will consist of 42 bowling lanes, snack bar, lounge, pro shop, and a video game and billiard area. Proposed hours of operation will be 8 a.m. to 1:00 a.m. Sunday through Thursday, and 8 a.m. to 2:00 a.m. Friday and Saturday. At its meeting of March 17, 1997, the Planning and Zoning Board voted 5-0 to recommend that the conditional use request be approved subject to the condition that the Site Plan Review and Appearance Board review and approve all exterior modifications. Mayor Alperin declared the public hearing open. Charles Moosa, owner/applicant of the Delray Square II Shopping Center, briefly explained why he feels there is a need for a bowling center in this area and urged the Commission to approve this conditional use request. Gerald Defoe, speaking on behalf of Progressive Resi- dents of Delray (PROD), fully supports this conditional use request to allow for the establishment of a bowling center. Mr. Randolph expressed concern as to whether or not there will be adequate parking available in the plaza if the bowling center is approved. Ms. Dominguez, Planning Director, stated that most of the uses in the plaza are closed in the evening and assured Mr. Randolph that she does not foresee a problem with the parking. Mr. Randolph moved to approve the conditional use request to allow the establishment of a bowling center within the Delray Square Phase II Shopping Center (former Ames/Zayre bay), subject to the condition that all exterior modifications be reviewed and approved by the Site Plan Review and Appearance Board (SPRAB), seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. RESOLUTION NO. 35-97/MID-YEAR BUDGET ADJUSTMENT: Consider a resolution making mid-year adjustments to the adopted budget for FY 1996/97. The City Manager presented Resolution No. 35-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-96 ADOPTED SEPTEMBER 17, 1996, AND RESOLUTION NO. 87-96 ADOPTED DECEMBER 10, 1996, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDI- TURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1996/97, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1996/97; TO REPEAL ALL RESOLU- TIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 35-97 is on file in the offi- cial Resolution Book) The City Manager stated that Resolution No. 35-97 amends the budget at mid-year for fiscal year 1996/97 and ex- plained that documentation is provided in the agenda back-up material regarding the revenues and expenditures. Mr. Egan moved to approve Resolution No. 35-97, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.D. RESOLUTION NO. 34-97: Consider a resolution objecting to special act legislation to permit the abolishment of a munici- pal government without study, consent or concurrence of the municipality. The City Manager presented Resolution No. 34-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OBJECTING TO SPECIAL ACT LEGISLATION TO PERMIT THE ABOL- ISHMENT OF A MUNICIPAL GOVERNMENT WITHOUT -10- 04/15/97 STUDY, CONSENT OR CONCURRENCE OF THE MUNICI- PALITY. (Copy of Resolution No. 34-97 is on file in the offi- cial Resolution Book) The City Manager stated that the City of Port Richey has asked the City of Delray Beach to consider a resolution objecting to special act legislation to permit the abolishment of a municipal government without study, consent or concurrence of the municipality. Effective January 1, 1998, if approved by a referendum of voters in the two cities, Senate bill 1852 in the legislature would call for a referendum to merge the City of Port Richey and New Port Richey. That was done without the City government of those cities giving their consent. Therefore, the City of Port Richey has asked cities around the State to communi- cate to the legislature that such action should not be taken without involving the government affected. Mr. Randolph moved to adopt Resolution #34-97, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. 9.E. SERVICE AUTHORIZATION ~2/HAZEN AND SAWYER: Consider Service Authorization #2 to Hazen and Sawyer for preparation of a City-wide water main upgrade program, in the amount of $15,000 from 441-5111-536-31.90. The City Manager stated that in older parts of the City there are small two inch water lines and this service authoriza- tion would allow Hazen and Sawyer to prepare a City-wide water main upgrade program. The scope of services includes review of the City's potable water distribution system to identify areas requiring upgrades for enhancement of pressures, provision of fire protection and looping of systems to eliminate dead end line, and updating of the system model. Mr. Randolph commented that he feels this is a very worthwhile study which should be completed as soon as possible. Richard C. Hasko, Acting Director of Environmental Services, stated that in the very near future he may be coming before the Commission with a similar proposal which establishes a specific rehabilitation program with prioritized projects and costs for the sanitary sewer rehabilitation as well. Mr. Randolph moved to approve Service Authorization No. 2 to Hazen and Sawyer for preparation of the water main upgrade program in the amount of $15,000, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -11- 04/15/97 At this point, the time being 7:05 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. Discussion on the wideninq of Lake Ida Road from Conqress Avenue to Military Trail. The City Manager read a few paragraphs from the Plan- ning and Zoning Department memorandum to help provide general information to introduce the subject. Gerald Defoe, 142 Mockingbird Lane and liaison for Country Manors, thanked the City Commission for placing this item on the agenda for a public hearing. He encouraged the Commission to approve the widening of Lake Ida Road from Congress Avenue to Military Trail. Bernie Burkoff, resident of Rainberry Lakes, stated that he will not support this unless a left turn signal is installed. Gerri Hudson, Chairperson of the Delray Shores Neigh- borhood Association, distributed a letter to the City Commission (a copy of which is attached hereto and incorporated herein as an official part of the minutes). Mrs. Logan, resident of Delray Shores (lives on the corner of Lake Ida and Lawrence Road), is strongly opposed to seeing the road being taken away. If the Commission decides to take it away, she would like to see a wall erected at the foot of the bridge on Lake Ida Road to buffer some of the noise from the front of her bedroom window. She stated if Lake Ida Road is widened, the cars will be directly at her master bedroom. She urged the Commission not to widen Lake Ida Road. Sanford Fisher, former Board member of Rainberry Bay, is strongly opposed to the Lake Ida widening from Congress Avenue to Military Trail. He stated that everything needs to be studied more thoroughly and urged the Commission to reconsider this proposal. Cliff Durden, Vice President of the Homeowners Associa- tion for Chatelaine, thanked the Commission for the opportunity to speak on this issue and feels this is not the right time to widen Lake Ida Road. He stated the traffic problem will only increase and reiterated that at this time he is strongly opposed to the widening. Jay Slavin, resident of Rainberry Bay, stated that at a Rainberry Bay Homeowner's Association meeting, there was an overwhelming consensus of the owners not to widen Lake Ida Road. -12- 04/15/97 Alice Finst, 707 Place Tavant, representing the Board of Directors of the Homeowner's League of Chatelaine, is strongly opposed to the widening of Lake Ida Road. Eileen Cooper, stated that it is extremely difficult to make left hand turns along Lake Ida Road. She stated that even though many people are opposed to this widening, she feels that improvements to the road is a natural and inevitable process. Mayor Alperin closed the public hearing. Discussion by the Commission ensued. Mayor Alperin clarified that the County is proposing this widening of Lake Ida Road, not the City. Mr. Egan stated that a problem does exist in this area now and feels the City should explore the opportunity of the three lane or the left turn lane option with the County. He feels the City should see what type of widening the County is actually proposing. Mr. Schmidt inquired about the County's plan for the widening of Lake Ida Road and asked if the widening is from Congress Avenue to Barwick Road or Congress Avenue to Military Trail? In response, Mayor Alperin stated the County is asking the City to approve the entire portion from Congress to Military. Although some people feel the widening should not occur now, Mr. Randolph stated that eventually there will be a need for the widening. Mr. Randolph stated that his basic concern is what will happen to the kids riding bicycles and the kids walking that attend the schools in this area. Mr. Randolph stated that he does not have a clear understanding as to what the residents want for Lake Ida Road and feels if the City turns down the County's offer, there may be no way of telling when the City will get sufficient money to widen the corridor. For clarification purposes, Mayor Alperin asked when the County does these kind of roads, are curbing and sidewalks usually installed? In response, the City Manager stated that this is what he would expect. Mr. Ellingsworth stated that he agrees with Mr. Egan's suggestion about exploring the opportunity of a three lane or left turn lane option with the County. At that point, Mr. Ellingsworth stated the County could come back to the Commission with a recommendation. Mayor Alperin stated that the timing is not right now for the widening and feels the City should wait until the west is developed. Once the west is developed, he feels it would be a more appropriate time to consider widening Lake Ida Road from Congress Avenue to Military Trail. -13- 04/15/97 Mr. Randolph moved to request that the County continue honoring the City's former request not to widen Lake Ida Road (from Congress Avenue to Military Trail) at this time, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - No; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 10.B. ORDINANCE NO. 17-97: An ordinance annexing a 3.58 acre parcel of land located on the east side of Barwick Road, approxi- mately 250 feet north of Sabal Lakes Road; providing for a Small Scale Future Land Use Map amendment from County MR-5 (Medium Density Residential - 5 Dwelling Units/Acre) to City Medium Density Residential 5-12 Dwelling Units/Acre, and establishing initial zoning of RM-8 (Medium Density Residential - 8 Dwelling Units/ Acre). 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. QUASI-JUDICIAL BEARING The City Manager presented Ordinance No. 17-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 17-97 is on file in the official Ordinance Book) Mr. Ellingsworth moved for a continuance of Ordinance No. 17-97 to a date certain of May 20, 1997, at 7:00 p.m., seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. -14- 04/15/97 10.C. ORDINANCE NO. 18-97: An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial for the Paton/Levy property located at the northeast corner of South Federal Highway and Avenue "G" 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. 18-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE SAME IS MORE PARTICULAR- LY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 18-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Roger Saberson, attorney representing the applicant, stated that he would like to incorporate into the record the Planning and Zoning Staff Report dated March 17, 1997, which was presented to the Planning and Zoning Board at their public hearing. At that meeting, the Planning and Zoning Board voted 5 to 0 (Schwartz and McCarthy absent) to recommend approval. In addition, Mr. Saberson stated that he would like to have this incorporation by reference of the staff comments applied to Ordinance No. 19-97. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 18-97 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; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 19-97: An ordinance rezoning the Pa- ton/Levy property from POD (Professional and Office District) and -15- 04/15/97 RM (Medium Density Residential) to SAD (Special Activities District) for Fronrath vehicle sales, rental and leasing facili- ty. The subject property is located at the northeast corner of South Federal Highway and Avenue "G" 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. QUASI-JUDI- CIAL HEARING The City Manager presented Ordinance No. 19-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSION- AL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRE- LY INTO AN S.A.D. (SPECIAL ACTIVITIES DIS- TRICT) ZONING CLASSIFICATION; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY (U.S.1) AND WEST OF FREDERICK BOULEVARD AND, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 19-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Alperin declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file for this rezon- ing and for the Small Scale Future Land Use Map amendment. Ms. Dominguez explained that this ordinance rezones the Paton/Levy property from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District). The land is proposed to be combined with the Levy property as one facility for Fronrath vehicle sales, rental and leasing, with no service component. The Planning and Zoning Board considered this item at a public hearing on March 17, 1997, and voted 5 to 0 (Schwartz and -16- 04/15/97 McCarthy absent) to recommend that the rezoning to SAD and attendant site plan be approved based upon positive findings with respect to Chapter 3 (Performance Standards), Sections 2.4.5(D) (5) (b) and (c) (Rezoning Findings), and Section 2.4.5(F) (5) Site Plan Findings) of the Land Development Regula- tions, and policies of the Comprehensive Plan, subject to the site plan conditions as listed in the agenda backup. Roger Saberson, attorney representing the applicant, stated that he would like to incorporate into the record the Planning and Zoning Staff Report dated March 17, 1997, which was presented to the Planning and Zoning Board at their public hearing. At that meeting, the Planning and Zoning Board voted 5 to 0 (Schwartz and McCarthy absent) to recommend approval. The public hearing was closed. Mr. Egan moved to adopt Ordinance No. 19-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 21-97: (FIRST READING/FIRST PUBLIC HEARING) An ordinance amending Section 4.4.9, "General Commer- cial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.20, "Industrial (I) District", Section 4.4.21, "Community Facilities (CF) District", Section 4.4.26, "Light Industrial (LI) District", Section 4.4.27, "Open Space and Recreation (OSR) District", Section 4.3.3, "Special Requirements for Specific Uses", and Appendix A, "Definitions", of the Land Development Regulations to provide for the regulation of telecom- munication towers and antennas. If passed, a second public hearing will be scheduled for May 6, 1997. The City Manager presented Ordinance No. 21-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 4.4.9(D) (7), 4.4.13 (D)(6), 4.4.20(D) (3), 4.4.21(D) (5), 4.4.26(D) {2), AND 4.4.27 (D) , "CONDITIONAL USES AND STRUCTURES ALLOWED", OF LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COMMUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS (CBD) DISTRICT, INDUSTRIAL (I), COMMUNITY FACILITIES (CF), LIGHT INDUSTRIAL (LI), AND OPEN SPACE AND RECREATION (OSR) ZONING DISTRICTS; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(S), "TELECOMMUNICATION TOWERS AND ANTENNAS", TO PROVIDE FOR REGULA- -17- 04/15/97 TIONS ESTABLISHING FREESTANDING TELECOMMUNI- CATION TOWERS AS A PERMITTED USE IN THE PLANNED COMMERCIAL (PC), PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNI- TY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS }lAVING A MAXIMUM HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITE- RIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIREMENTS, USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AND APPROVAL PROCESS, AND WAIVERS TO LOCATION, HEIGHT, AND CO-LOCATION REQUIRE- MENTS BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO PROVIDE FOR REGULATIONS GOVERNING EXISTING TOWERS, ABANDONED TOWERS AND ANTENNAS NOT LOCATED ON TELECOMMUNICATION TOWERS; AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS "ANTEN- NA'', "GUYED TOWER", "MONOPOLE TOWER", "PANEL ANTENNA", SELF-SUPPORT/LATTICE TOWER", "STEALTH FACILITY", "TELECOMMUNICATION TOWER", AND "WHIP ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 21-97 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. At this point, Mayor Alperin emphasized that the Commission is not allowed to make any considerations for health issues when considering ordinance. Therefore, Mayor Alperin stated he will not be willing to listen to any individual who wishes to use this as a forum to express those concerns. Diane Dominguez, Planning Director, stated that this ordinance amends the Land Development Regulations by adopting regulations and requirements pertaining to the installation, siting and design of telecommunication towers and antennas. 04/15/97 The Planning and Zoning Board considered this matter at some length at both their regular and workshop meetings. On March 17, 1997, the Board held a public hearing on the ordinance and recommended unanimously that it be approved. Mayor Alperin opened the floor for public comment. Janna P. Lhota, speaking on behalf of PrimeCo Personal Communications Limited Partnership, addressed a few concerns about the wording in the ordinance. First, Ms. Lhota referred to Section 4.3.3(S) (2) (A) which deals with the monopole towers that are less than 64 feet as a permitted use in certain districts. She suggested that the height restriction be increased to 75 feet with the main reason being that this is a more common height in the industry and a more reasonable height from an Engineering perspective. Second, she referred to Section 4.3.3(S) (2) (B) which allows monopole towers having a maximum height greater than 64 feet (she would like to see it increased to 75 feet) may be permitted as a conditional use in the following zoning districts. Additionally, with respect to allowance of the monopole towers for conditional use, PrimeCo would like to add to the Planned Commercial (PC) district as well as certain residential dis- tricts. The reason is that by not allowing this as a conditional use, Ms. Lhota stated that it may prohibit the entry of certain telecommunication providers into the market in violation of the Telecommunications Act of 1996. Thirdly, Ms. Lhota referred to Section 4.3.3(S) (2) (e) which relates to the requirement that in order for a tower to exceed 125 feet in height you must first obtain City Commission approval. She is requesting that this height limit be increased to 150 feet with the main reason being that it would allow better co-location and 150 feet would allow that without the need to continually come to the City Commission for approval. Lastly, Ms. Lhota stated the next section which relates to setbacks is Section 4.3.3(S) (2) (e) (2) and the main concern is that the minimum distance requirements may prohibit certain telecommunication providers from entering the market because in order for them to meet certain grid patterns they would be forced to locate within on thousand (1,000) feet of any existing monopole, lattice, or guyed telecommunication tower. Secondarily, there may be particular districts that would be particularly appropriate for telecommunication facilities and the one thousand (1,000) feet distance separation requirement may prohibit that if co-location was not possible the location of multiple towers together in an area where everyone might think that would be the best place to locate the towers. Lastly, she referred to Section 4.3.3(S) (2) (f) and stated they are uncertain as to whether or not that information is necessary for a condi- tional approval application or simply for a building permit application approval. Diane Dominguez, Planning Director, addressed all the concerns expressed by Ms. Lhota. Discussion by the Commission followed. -19- 04/15/97 Mr. Schmidt commented on the 125 feet versus the 150 feet. There was much debate on this issue at the Planning and Zoning Board meeting, and they felt that the 125 feet versus the 150 feet would give these companies some incentive to co-location and that is why the limit was set at 125 feet. They can get another service provider to come in and go the extra 25 feet. By getting two service companies on one tower is going to reduce the number of towers in town. Ms. Dominguez stated that the next waiver is that you can go up to 150 feet if it is for co-location and companies can actually go higher than 150 feet only if it is to meet public safety needs. Mr. Egan commended staff for the great job they did with putting this together considering all the restrictions as set by the Telecommunications Act. He stated staff accomplished what the Commission was looking for which was keeping these towers as far away from residential areas as possible and that they accept promoting co-location. After discussion, Mr. Egan moved to approve Ordinance No. 21-97 on First Reading and First Public Hearing, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 20-97: An ordinance amending Section 132.09, "Skateboarding and the Like Prohibited", of the City Code to provide for a prohibition on the use of skateboards and the like in Veteran's Park. 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. 20-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SKATEBOARDS AND THE LIKE IN VETERAN'S PARK; RELETTERING SUBSEC- TION (B) TO SUBSECTION (C); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 20-97 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- -20- 04/15/97 ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Alexandra Hyler, speaking on behalf of the Delray Beach Youth Council, strongly urged the Commission to vote against this ordinance which would ban in-line skating and skateboarding in Veteran's Park. She stated that the Delray Beach Youth Council does not support the destruction of private or public property and suggested that the Commission look at other alternatives such as citizens on patrol or police on patrol to help stop a few kids who may be causing the damage to Veteran's Park. Further, she stated that the youth of Delray have every right to enjoy the public facilities as those who are trying to restrict them and urged the Commission to work with the Youth Council at coming up with a better solution. The public hearing was closed. Discussion by the Commission followed. Mr. Egan stated that he is not against the skateboard- ing or the rollerblading. However, he is ultimately concerned with the vandalism and the destruction that is going on in Veteran's Park and agreed that maybe the City could come up with a better solution to this problem instead of restricting the youth from skateboard and rollerblading. Mr. Randolph stated that if there are only a few kids causing the problems in Veteran's Park, then those individuals need to be reprimanded instead of restricting all youth. He is pleased to hear that the majority of the youth do not support the destruction of property and agreed that there may be other alternatives or solutions the Commission could look into instead of prohibiting all youth from the use of skateboards and the like. Mr. Ellingsworth complimented the Delray Beach Youth Council for expressing their view. He feels this helps people view the situation from a different perspective. Mayor Alperin expressed specific concerns regarding the skateboarding and feels that this is what is doing the most damage. He explained of an incident at Veteran's Park where he witnessed kids damaging the property. Mayor Alperin approached the kids about how they were damaging public property but the kids were extremely defiant. On the other hand, he is willing to hear other alternatives and feels there may be another solution to this problem. Mayor Alperin suggested that the Delray Beach Youth Council meet with Joe Weldon, Director of Parks and Recreation, and the City Manager to discuss alternatives. 04/ 5/97 Mr. Randolph suggested that Captain Dane Mark of the Ramblin' Rose also be included in any discussions. Mr. Egan moved to deny Ordinance No. 20-97 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion to deny passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to a prior concern regarding the need to revise the RM zoning regulations, the City Manager stated that staff is reviewing the zoning regulations to tie in performance standards so that increases in density above six units per acre would be tied to various standards such as larger unit sizes and more recreational amenities and open space. Regarding a prior concern expressed about requiring landscape compliance under the minimum landscape code (in particular properties in the area of West Atlantic Avenue west of 1-95), the City Manager stated that one particular business located west of the CSX railroad was mentioned. The property in question is owned by JP Callaway and houses his welding business. Mr. Callaway was issued a violation notice under the minimum landscape requirements in January, 1996. Staff has provided technical assistance to this owner with the development of his plans to come into compliance. The Planning and Zoning Board approved a non-impacting site plan modification on February 6, 1997, that provides for a new perimeter fence and associated landscaping. At this time, the project is under construction and improvements are expected to be completed within the next 2-3 weeks. Ail other properties within the West Atlantic Avenue corridor have been inspected and/or are either in compliance or have an active case requiring compliance to the minimum landscape code. With regard to the sound system in the Commission Chambers, the City Manager stated that there have been problems with the sound system in the past but no more than normal. However, this particular time the amplifier blew out. The City Clerk's office has arranged for repair and in the mean time a loaner is being used until the amplifier is repaired. Lastly, the City Manager stated that there was a recommendation about painting speed limits on the street instead of using signs. The City Manager stated this is allowable under the manual and uniform traffic control devices. However, a single speed limit sign installed would cost the City $55.10 and a signal lane thermal plastic pavement marking with the same -22- 04/15/97 speed limit message would cost the City $233.72. The City Manager stated that the City prefers to keep using the signs unless there is a special reason to use the marking on the street. ll.B. From the Public. 11.B.1. Bernie Burkoff, speaking on behalf of the residents of Rainberry Lakes, distributed a memo to the Commission regarding the Palm Tran facility on Congress Avenue. He stated that he really likes the facility but expressed concern over the promise made by Palm Tran to build a berm in front of the facility which has not yet been done. Mr. Burkoff feels that the City should hold the Palm Tran facility responsible for their promise to build the berm. 11.B.2. Joan Baccari, Beach Property Owners Association, questioned how and why benches are appearing east of the Intracoastal in the residential neighborhoods north and south of the Intracoastal. She inquired as to whether or not the benches were part of the F.I.N.D. contract when the contract was originally presented. 11.B.3. Gerri Hudson, Chairperson of the Delray Shores Neighborhood Association, expressed concern over the safety of the sidewalk along Lake Ida Road between Davis Road and the Rainberry Lakes intersection area. She stated there is a break in the sidewalk and the children are confused about walking through someone's yard. She urged the Commission to look into having the sidewalk connected so that the safety of children will not be in danger. 11.B.4. Kathy Stokes, 1220 Southways, stated that she recently completed extensive research regarding the F.I.N.D. contract and the benches. She informed the City Manager that she will be sending him a letter explaining what she has discovered regarding this issue. Secondly, Mrs. Stokes commented on the parking lot at the corner of Andrews Avenue and Atlantic Avenue across from the Prudential Realty office. She stated that she never realized that this area is for public parking. She suggested that there be something added to the sign or a new sign be erected stating that this area is for public parking along with a minimum number of hours allowed for parking. 11.B.5. Alice Finst, 707 Place Tavant, appreciated hearing the comments at the last workshop meeting and feels it was a very productive meeting. However, Ms. Finst expressed concern over the Code Enforcement Board schedule and the speed in which things are being processed. 11.B.6. Mary McCarty, Palm Beach County Commissioner, stated that regarding the Palm Tran facility, the County will do -23- 04/15/97 whatever is necessary to complete the promise regarding the berm. Ms. McCarty is confident that the County has submitted a site plan to the City and that the site plan required some landscaping and berms, if any. Further, she stated that the City would not have issued a Certificate of Occupancy (CO) if it did not meet the requirements that were in the site plan. If for some reason the City has overlooked this, Ms. McCarty stated the County will be happy to correct it. 12. FIRST READINGS: None. 9.F. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1997. The appointment will be made by Commissioner Schmidt (Seat #1). Mr. Schmidt moved to appoint Patricia L. Archer as a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1997, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint a member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 1998. The appointment will be made by Commissioner Ellingsworth (Seat #3). Mr. Ellingsworth suggested that at a future workshop meeting the Commission discuss what criteria will be used for an excused absence. With the policy that is currently in place, Mr. Ellingsworth stated that it would be improper to reappoint Mrs. Miller-Andrews due to her three consecutive absences. He apologized to Mrs. Miller-Andrews for the City not having a policy currently in place explaining what is considered an excused absence and what is not considered an unexcused absence. Mr. Ellingsworth moved to appoint Arnold B. Smith as a member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 1998, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a member to the Police and Fire Board of Trustees for a two year term ending April 22, 1999. The appointment will be made by Commissioner Ellingsworth (Seat #3). Mr. Ellingsworth moved to reappoint John L. Frysinger (incumbent) as a member to the Police and Fire Board of Trustees for a two year term ending April 22, 1999, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. -24- 04/15/97 Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 36-97): Appoint a member to the Affordable Housing Advisory Committee for a two year term ending March 31, 1999, and adopt Resolution No. 36-97. The appointment will be made by Commissioner Randolph (Seat #4). The City Manager presented Resolution No. 36-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING A MEMBER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 36-97 is on file in the offi- cial Resolution Book) Mr. Randolph moved to appoint Renee Dillon as a member to the Affordable Housing Advisory Committee for a two year term ending March 31, 1999, and adopt Resolution No. 36-97, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.J. PROPOSAL FOR A COMBINED ACCESSWAY/CAMINO REAL HOTEL AND THE CITY'S NORTH PARKING LOTS: Consider authorizing Camino Real Hotel to file an application for a modification to their expan- sion plans which proposes a joint accessway to the City's and the hotel's parking lots. The City Manager feels this is certainly of value and stated that the City should receive some consideration if they allow the use of this driveway by the hotel. The City Manager stated that while discussing this with the CRA director the City figured approximately $75,000 (would include maintenance of the entire lot). However, this is subject to further discussion and negotiation. If this were to be done, then the City's parking spaces in the lot would continue as metered spaces. Mr. Ellingsworth moved to authorize the filing of the application that affects the City's portion of the property, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager -25- 04/15/97 The City Manager had no comments or inquiries. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. Eqan Mr. Egan had no comments or inquiries. 13.C.2. Mr. Ellingsworth Mr. Ellingsworth had no comments or inquiries. 13.C.3. Mr. Randolph Mr. Randolph had no comments or inquiries. 13.C.4. Mr. Schmidt Mr. Schmidt had no comments or inquiries. 13.C.5. Mayor Alperin Mayor Alperin had no comments or inquiries. There being no further business, Mayor Alperin declared the meeting adjourned at 8:35 P.M. ' /City Clerk ATTEST.-.~ ~ _ TheWundersigned 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 April 15, 1997, which minutes were formally approved and adopted by the City Commission on May 6, 1997. J city ~lgrk ' NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -26- 04/15/97