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12-03-96 DECEMBER 3, 1996 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, December 3, 1996. 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 Paul W. Abell, First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin requested that Consent Agenda Item 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (SPRAB's Item (G) as it relates to the Kwik Stop Market), be moved to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved to approve the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes= Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of November 19, 1996, 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= 6.A. "Saddle-Up For St. Jude Hospital Day" - December 8, 1996. Mayor Alperin read and presented a proclamation recog- nizing December 8, 1996 as "Saddle-Up For St. Jude Hospital Day" Elizabeth Van Lennup came forward to accept the proclamation. 7. Presentations: None 8. CONSENT AGENDA: 8.A. FINAL PLAT APPROVAL/GARDEN COURT: Approve the final plat for Garden Court, a proposed four townhouse lot subdivision located on the east side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street. 8.B. RATIFICATION OF BOARD OF DIRECTORS FOR OLD SCHOOL SQUARE, INC.: Ratify the members of the Board of Directors for Old School Square pursuant to the Management Agreement dated August 7, 1990 between the City and Old School Square, Inc. 8.C. SPECIAL EVENT APPROVAL/BUD LIGHT PRO/AM BEACH VOLLEY- BALL TOURNAMENT: Approve a request from Exclusive Sports Market- ing, Inc. for special event approval to allow the Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on April 19-20, 1997. 8.D. SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION: Approve a request from the Eastern Surfing Association to hold a surfing contest at the municipal beach on Saturday, December 14, 1996 from 8:00 a.m. to 5:30 p.m. 8.E. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with the Four Year Performance Monitoring Study of the beach nourishment project at a cost not to exceed $37,286; with funding from the Beach Restoration Fund. The entire cost will be reimbursed from federal, state and county appropriations. 8.F. TATE LAWSUIT/APPEAL: Authorize the filing of an appeal in the referenced matter as recommended by the City Attorney. 8.G. 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 November 18 through November 27, 1996. (As amended by moving SPRAB Item (G) to the regular agenda as Item 9.A.A.) 8.H. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Pifer International, Inc. via the City of Port St. Lucie bid for the purchase of one Ransomes Model 250 mower for the municipal golf course, at a total cost of $24,789 from 445-4761-572-64.90. 2 12-03-96 Mr. Randolph moved to approve the Consent Agenda, as amended, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. (8.G.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS/SITE PLAN REVIEW AND APPEARANCE BOARD/SITE PLAN, LAND- SCAPE PLAN AND ARCHITECTURAL ELEVATION PLAN FOR KWIK STOP MARKET. Consider SPRAB's action regarding the site plan, landscape plan and architectural elevation for Kwik Stop Market, a proposed 2,856 sq.ft, convenience store and laundromat to be located at the northeast corner of N.E. 14th Street and Dixie Highway. Mayor Alperin stated that the reason he requested this item be removed from the Consent Agenda is because there is some concern regarding the layout of the site plan, especially from a community policing standpoint. By appealing this item, the Police Department will have additional time to review the site plan to see if some improvements can be made for the safety of the neighborhood. Mr. Ellingsworth moved to appeal the Site Plan Review and Appearance Board's action regarding the site plan, landscape plan and architectural elevation for the proposed Kwik Stop Market to the regular meeting of January 7, 1997, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.A. 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. 2nd Avenue (Seacrest Boulevard) and N.E. 19th Street and is zoned CF (Community Facilities) District. 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 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, including the Minutes of the Planning and Zoning Board Meeting of November 18, 1996. This is a request to establish a monopole communication tower to -3- 12-03-96 accommodate Sprint Communications service. The tower is proposed to be located on the campus of Plumosa Elementary School, on the east side of the school buildings. The original request was to allow a height of 150 feet. However, during review, staff discovered that at Atlantic High School, approximately 1,100 feet north of Plumosa, a 150' monopole tower was installed without first obtaining conditional use approval. Staff recommends that the request for a tower at Plumosa Elementary School be postponed until the conditional use request for Atlantic High School is considered, with the possibility that both users could co-locate on one tower with the preferred site being Atlantic High School. The high school is a larger campus and the communication tower would blend in with the light poles on the football field. Also, the campus is adjacent to commercial uses on one side as opoosed to the Plumosa site, which is located within 150 ft. of single family homes. The School Board is looking to establish communication towers on as many school sites as possible as there are certain benefits to the School Board. The towers will be installed and maintained by the communication companies at no expense to the schools, and the schools can use these towers for their own communication equipment. The schools receive a fee for the use of the property, and these fees are then applied to improvements for the schools. Ms. Dominguez pointed out that since most schools are located within residential areas, there is a concern about the visual impact of the towers. The Planning and Zoning Board considered this item, along with two other cellular tower requests, at their meeting of November 18, 1996. At the meeting there was considerable discussion as why a tower was needed at Plumosa and why it was necessary to have the tower at a height of 150 ft. At that meeting, the School Board gave a lengthy presentation as to the benefits of these facilities. Although their arguments were compelling, they really were not relevant to the findings which need to be made for a conditional use, such as if the use will have a detrimental impact on the stability of the neighborhood, or will it hinder the development or redevelopment of nearby properties. At the meeting there was some testimony from a number of residents opposing the tower being located at this particular location. The Planning and Zoning Board voted 3-2 to recommend approval but recommended that the communication tower be limited to a maximum height of 125 feet and subject to a number of conditions. Also, should the Commission approve the conditional use request, staff recommends an additional condition be added which states that any communica- tion towers on the site that become unused or obsolete be removed with 12 months of cessation of use. Ms. Dominguez further stated that the Planning and Zoning Board had a discussion regarding the number of applica- tions for telecommunication towers being submitted to various municipalities, including Palm Beach County. The Board recom- mended that existing applications continue on in the process, but that consideration be given to the imposition of a moratorium until such time that the code can be reviewed and amended to -4- 12-03-96 place more definitive requirements on these towers in terms of location, height, distance from residential areas, etc. Au~stin Hernandez, representing the Palm Beach County School Board, gave a lengthy presentation in which he discussed the benefits to the school with having the tower on the site, the proposed site plan and landscape treatment for the structure, and his belief that the tower would have minimal impact on the surrounding residential areas. Mr. Hernandez further stated that the School Board was not aware of the requirement for conditional use approval when the tower at Atlantic High School was in- stalled. Having been informed of the requirement, an application for the requisite approval has been submitted to the City for consideration. The following individuals spoke in favor: Eula Mason-Berry, Principal of Plumosa Elementary School, noted that various committees, staff members and parents at Plumosa have been involved in this process and feel that the communication tower will be an excellent way to provide addition- al revenue for the school. Pat Stenhuler, Planning Specialist with the Palm Beach County School Board, stated that Plumosa Elementary School has undertaken a great deal of construction projects with four new buildings. The monopole communication tower will provide the school with an opportunity to replace an old cement structure with a new monopole which the school could not afford to buy by itself. The following individuals spoke in opposition: Charles Owen felt that the tower should be placed on the vacant lot on N.E. 3rd Avenue, which is City-owned property where the old water tank used to be. It was his understanding that the school had already received revenue prior to approval. Helen Coopersmith was not opposed to anything which would be of assistance to local schools; however, she had reser- vations regarding the height of the communication tower and its proximity to the residential area. She pointed out there is more to this proposal than the schools because the tower will also be used for cellular phones, radio and television uses. Ms. Coopersmith expressed concern that should this request be ap- proved, it would set a precedent for similar requests. Rich McGloin, 2275 North Swinton Avenue, urged the Commission to deny the request for the tower. He pointed out that one of the reasons for the great demand for these locations is good zoning which prevents private industry from installing towers wherever they want. Mr. McGloin stated that he feels the School Board has sold out their property to commercial ventures. -5- 12-03-96 He sympathized with the Principal of the Plumosa; however, approving this request is not the answer to solving the problems. Scott Christenson felt the tower was inappropriate in a residential neighborhood and that the use was not justifiable. He noted that the tower at Plumosa Elementary School will be substantially higher than anything else in the neighborhood. He pointed out that the tower is not a singular pole, as the top has a triangular unit consisting of three towers, and each side is 12 1/2 ft. Mr. Christenson urged everyone to personally look at the top of a tower and judge for themselves if it is appropriate within a residential area. Debb£e Shersty stated that she lives only three houses away from Atlantic High School and today was th~ first time she noticed the tower and that was only because someone brought it to her attention. Steve Butera, President of the Seacrest Homeowners Association, voiced his objection to the entire proposal. As a taxpayer, he expects that proper channels will be adhered to when these types of commercialized uses are brought into a residential neighborhood. Mr. Butera opposed the fact that money is being paid and spent prior to obtaining approval. He felt it was disrespectful to the City's governing body as well as the taxpay- ers. The public hearing was closed. At this point the applicant presented his rebuttal. Mr. Hernandez addressed the issue of access onto the property during and after installation of the communication tower. With respect to the issue of revenue, the School Board has not received any monies prior to construction of the pole at Plumosa Elementary School. Mr. Hernandez noted that as telecom- munications become more popular and the competitiveness of the market becomes more affordable, there will be a proliferation of these poles. There is a trade-off, you can keep them low and have more of them, or they can be higher and you will have less of them. Mr. Hernandez presented a computerized sketch which reflected the mass of the antenna on top of the pole. He noted that the antenna is a thin 6 or 7 ft. triangular mass. Mr. Hernandez apologized for the prior installation of the pole at Atlantic High School, and emphasized that this situation will be immediately corrected by going through the conditional use approval process. Ron Mastriana, Attorney for Sprint Communications, pointed out that the monopole will replace an existing structure on the property. He noted that there are a number of parents and property owners in the audience who did not give testimony tonight, and asked that they stand up to acknowledge their support. Mr. Mastriana emphasized that it is the School Board -6- 12-03-96 who actually owns the monopole structure; and, that the intent of this commercial venture is to give some benefit back to the community. Mayor Alperin voiced his disappointment with the School Board's long presentation this evening. At this point, the Commission asked various questions of the applicant. Mayor Alperin expressed concern about the potential for the proliferation of these structures throughout the City. He suggested that the item be postponed so that more research could be conducted on this issue. The City Attorney concurred that sufficient evidence had not been provided with respect to certain parameters such as how the use may affect or hinder development and redevelopment, the effect of this use upon the neighborhood, and the impact on the public interests, etc. Discussion ensued. Mayor Alperin expressed concern that there is no overall plan, and felt that more research is needed before a decision can be made. He felt the City should take the addition- al time so no mistakes are made and, if necessary, obtain expert advice in this matter. Ms. Kiselewski moved to postpone the conditional use request for a communication tower at Plumosa Elementary School to the Regular Meeting of February 4, 1997, or sooner if possible, so that more research can be done, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 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. ORDINANCE NO. 56-96: An ordinance changing the Future Land Use Map (FLUM) designation from Community Facilities - Recreation to Commercial Core (small scale amendment) and rezon- lng from CF (Community Facilities) to CBD (Central Business District) for a parcel of land located at the northwest corner of S.E. 1st Street and 3rd Avenue. 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. 56-96: -7- 12-03-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMUNI- TY FACILITIES - RECREATION TO COMMERCIAL CORE, AND REZONING FROM CF (COMMUNITY FACILI- TIES) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT), FOR A PORTION OF BLOCK 85 LYING EAST OF THE FLORIDA EAST COAST RAILWAY AT THE NORTHWEST CORNER OF S.E. 1ST STREET AND S.E. 3RD AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 56-96 is on file in the official Ordinance Book) Assistant City Attorney David Tolces read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Assistant City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presenta- tions by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This property is the former location of the FEC Railroad Station and parking lot. It is owned by FEC but is being purchased by Mouw Construction with the intent of developing a mixed-use commercial development. The property is zoned CF (Community Facilities) land use designation but is surrounded by CBD (Central Business District) zoning. Since the property no longer functions as a public facility, the CBD district is a more appropriate zoning. The Planning and Zoning Board considered this item at its meeting of November 18, 1996 and unanimously recommended approval. Mayor Alperin declared the public hearing opened. Michael Weiner, Agent, stated that he was available to answer any questions the Commission may have regarding this issue. There being no one else who wished to give testimony on this item, the public hearing was closed. -8- 12-03-96 Mr. Ellingsworth moved to adopt Ordinance No. 56-96 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 57-96: An ordinance designating The Sandoway House, located at 142 South Ocean Boulevard, as a local historic site. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SANDOWAY HOUSE, LOCATED AT 142 SOUTH OCEAN BOULEVARD, AS MORE PARTICULARLY DE- SCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AN EFFECTIVE DATE. (Copy of Ordinance No. 57-96 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing opened. Carolyn Patton, President of the Friends of Sandoway House Nature Center, thanked the Commission for its support and the designation of this property as an historic site. She pointed out that these ocean front homes were constructed prior to the depression. They reflect an important part of our histo- ry, and to save this particular house will have a lasting impact. There being no one else to speak on this issue, the public hearing was closed. Mr. Egan moved to adopt Ordinance No. 57-96 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 54-96: (FIRST READING AND FIRST PUBLIC HEARING) An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District", of the Land Development Regulations by -9- 12-03-96 adding the sale of new utility trailers as a permitted use within the district. If passed, second reading and second public hearing will be scheduled for January 7, 1997. The City Manager presented Ordinance No. 54-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SALE OF NEW UTILITY TRAILERS AS A PERMITTED USE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 54-96 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Diane Dominguez, Planning Director, stated that this amendment was initiated by the Planning and Zoning Board at its meeting of September 16, 1996, following action on a similarity of use determination. The applicant has a utility trailer sales franchise and is looking to locate in the North Federal Highway area. Presently, the use is not listed in the code and it seems most appropriate to add it in either the AC (Automobile Commer- cial) or MIC (Mixed Industrial Commercial) zoning districts. However, if the use were to be established in the AC district, the interpretation was that it would be subject to the 1.5 acre minimum site size requirement under the existing code. At its meeting of September 16, 1996, the Planning and Zoning Board initiated a text amendment to add the use to the AC zoning district as a permitted use, not subject to the 1.5 acre minimum requirement. Pursuant to this direction, staff prepared an amendment which was considered by the Planning and Zoning Board on October 21, 1996 at which time there was considerable discus- sion. They felt the size of the trailers should be limited to a maximum of 24' length, and should be limited to new sales only. A motion was made to that effect but the motion failed to pass on a 4 to 3 vote. She noted that some of the Board members were concerned about the appearance of the trailers located on a lot owned by O.C. Taylor (which are currently there without receiving formal approval). Mayor Alperin declared the public hearing opened. Michael Weiner, attorney, spoke on behalf of the applicant and in support of the LDR amendment. He felt that the -10- 12-03-96 sale of new utility trailers would not have an adverse impact within the AC zoning district. Michael Lago, who operates the Ail American Auto Repair, stated that he has been in business in Delray Beach for 17 years. He explained that he went into the utility trailer sales operation because this business is "cleaner" than auto repair and paint/body operations and is better in terms of the environment. Arthur Taylor, owner of O.C. Taylor Automobile Dealer- ship, stated that he is the owner of the property in question. He pointed out that all types of vehicles are parked on this particular lot and there should not be any dramatic difference to having the new utility trailers on this site. The public hearing was closed. Ms. Kiselewski stated that she did not have a problem with the sales aspect as it seems to be similar to the sale of other vehicles. However, she did have reservations regarding the minimum lot size requirement. The Planning Director agreed the trailers are rather large in size but there are just a few in inventory and they are displayed in an orderly fashion. She did not feel it necessary to have the sale of trailers comply with the 1.5 acre minimum requirement. Mayor Alperin voiced concern about setting a precedent for other proposals. Discussion ensued. Mr. Egan moved to approve Ordinance No. 54-96 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - No; Mr. Egan - Yes. Said motion passed with a 3 to 2 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public- Immediately followinq Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. None ll.B. From the Public. Alice Finst, 707 Place Tavant, expressed disappointment that the people in the audience were not able to see the School Board's visual presentation during consideration of the Condi- -11- 12-03-96 tional Use Request/Communication Tower at Plumosa Elementary School. Ms. Finst commended the contractor for the efficient construction work on the recent widening of Lake Ida Road and the contractor's concern for not interrupting the flow of public traffic. She pointed out the need for immediate improvements of the Marine Way Garage located at the corner of N.W. 10th Avenue and Lake Ida Road (with respect to the coordination of beautifi- cation, fencing, landscaping, etc.); and, scheduling of beauti- fication/landscaping for the medians on Lake Ida Road. Helen Coopersmith also expressed concern that the audience is not able to see the visual aids which are being presented to the Commission. She pointed out that there had been a prior suggestion that mirrors be installed in the Chambers so that the public can view these presentations. 12. First Readings: 12.A. ORDINANCE NO. 58-96: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to revise the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1997. If passed, a public hearing will be scheduled for January 7, 1997. The City Manager presented Ordinance No. 58-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1997; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 58-96 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 58-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Agenda portion of the Agenda. -12- 12-03-96 9.B. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT BROWN- ING-FERRIS INDUSTRIES, INC.: Consider a request for conditional use approval to allow the installation of a communication tower on the Browning-Ferris Industries property at 1475 S.W. 4th Avenue within the I (Industrial) zone district. The proposed location is on the northeast corner of the site. 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 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, including the Minutes of the Planning and Zoning Board meeting of November 18, 1996. This is a request for a 150' monopole communication tower to accommo- date Nextel Communications to be located at the BFI (Browing-Fer- ris Industries) site on S.W. 4th Avenue. This is an industrial site, surrounded by industrial and commercial uses. The original proposal was to have the height of the tower at a maximum of 120 ft.; however, this is an opportunity for user co-location. Also, there is another request from PrimeCo to construct a tower at Pine Grove Elementary School. Staff feels it would be a better approach to allow the BFI tower to be tall enough to allow Nextel Communications and PrimeCo to co-locate in order to avoid having another tower. She pointed out that the area is non-residential and that the tower is to be located well into the interior of the site. In terms of eastern locations for these structures, this site is probably the best with respect to visual impact. The Planning and Zoning Board considered this item at its meeting of November 18, 1996, and unanimously recommended approval, subject to conditions, including staff's additional condition that any communication towers on the site that become unused or obsolete be removed within 12 months of cessation of use. Ms. Dominguez further stated that the conditional use application for the communication tower at Pine Grove Elementary School was postponed by the Planning and Zoning Board pending disposition of the subject request. The public hearing was opened. Huqo Unruh, Agent for Nextel Communications, pointed out that this particular site is unique and very different than the previous request for a communication tower for Plumosa Elementary School (Item 9.A.) o He addressed issues such as the demand for wireless communications based on the growth and technical aspects of this industry. -13- 12-03-96 Mark Ciarfella, representing PrimeCo Communications, stated that his company is currently going through the condition- al use approval for the Pine Grove Elementary School site. He indicated that the propagation map reflects that there is a void in the southern portion of the City, and that basically the areas which have no coverage are Linton Boulevard, A-i-A, and Federal Highway. The 120 ft. tower which was originally proposed, would have had a minimum separation of antennas at 10 ft. This height does not allow PrimeCo the ability to have coverage in this general area (Linton Boulevard to Federal Highway), which is why there is an increase in the tower's height from 120 to 150 ft. Jerry Kniqht, Attorney representing PrimeCo Communica- tions, stated that the pending application for a tower at the Pine Grove Elementary School site has been deferred. PrimeCo has agreed to negotiate with Nextel Communications to co-locate on the tower at the BFI site, if approved. He stated for the record that if the City should decide on additional research on these facilities, and if the result leads to new regulations, there is the Telecommunications Act of 1996 which states that the pending applications are reviewable under the City's current regulations. Alice Finst, 707 Place Tavant, voiced her objection to the proposal and the proliferation of these types of uses throughout the City. She emphasized that not enough is known regarding how this use will provide service to our community and/or schools. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Ellingsworth commented that if these towers have to go anywhere, the industrial zoning district is the most appropri- ate location. He felt that this conditional use request was very much different from the Plumosa Elementary School site. Mr. Egan moved to postpone the conditional use request for a communication tower at Browning-Ferris Industries, Inc., to the Regular Meeting of February 4, 1997 (or sooner if possible), seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin reiterated that more analysis is neces- sary with respect to these facilities. The City needs to develop an overall plan, including a determination as how many towers are actually needed to cover the City, appropriate locations, height limitations, and how many providers are needed for services. 9.C. EXTENSION OF CONDITIONAL USE APPROVAL/BETHEL EVANGELI- CAL CHURCH: Consider a request to extend the conditional use approval for Bethel Evangelical Church located at the northeast corner of S.W. 8th Avenue and 8th Court. -14- 12-03-96 Diane Dominguez, Planning Director, stated that the request is an extension of approval of a conditional use modifi- caton to expand an existing church. She noted that there has been a church at this location since the early 1960's. The church was expanded in 1980 to its current size of approximately 6,000 sq.ft. The development proposal is to construct a 1,540 sq.ft. building addition which will be used for Sunday school class- rooms, bible study, a kitchen, and bathroom. The modification includes the conversion of some of the existing space to be used for offices, Fellowship Hall, and some additional church seating. They will also be constructing a 26 space stabilized parking area on an adjacent lot. This modification was approved by the City Commission on June 6, 1995. It took some time for the church to get the site plan in progress and to respond to comments which had been made, including some revised plans. The Planning Direc- tor noted that the findings which were made for the original approval were still valid and staff recommends that the extension of 18 months be granted. Ms. Kiselewski strongly suggested that the church work out the number of church pews with respect to the parking ratio. Mr. Randolph moved to approve an 18 month extension of conditional use approval for Bethel Evangelical Church, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. CREATION OF A TASK TEAM/LARGE HOME COMPATIBILITY: Consider the creation of a task team to address the issues surrounding large home construction and propose recommendations. Mayor Alperin suggested that the Commission use a ranking process when it comes time to appoint the membership. Each Commissioner could rank his or her preferences for each of the categories and those receiving the most votes in common would be appointed. In the event of a tie, the Commission would vote on the final selection. Discussion ensued regarding the application process and the qualifications needed for each category. It was the consen- sus of the Commission to increase the membership to eleven members with the addition of a representative from the Site Plan Review and Appearance Board. Both the Planning and Zoning Board and SPRAB representatives are to be appointed by the respective boards, subject to ratification by the City Commission. Further, the chairperson will be elected by the task team membership. The City Clerk was directed to accept applications for the task team through December 31, 1996, with the appointment of members to be scheduled for the January 7, 1997 regular meeting. -15- 12-03-96 It was the further consensus of the Commission to direct staff to modify Resolution No. 84-96 to reflect the direction given at this meeting and to bring the resolution back for formal approval at the December 10, 1996, meeting. 9.E. TEMPORARY USE PERMIT/HISTORIC DELRAY GREEN MARKET: Consider approval of a temporary use permit and site plan {per Ordinance No. 45-96) for the Historic Delray Green Market, and related City support services. Bill Wood, President of Delray Beach Chamber of Com- merce, stated that the Delray Green Market hopefully will gener- ate more business for the downtown area. A primary purpose is to bring people into the area so they can see the amenities Delray has to offer so that the downtown becomes a destination point. Mr. Wood stated that the CRA will operate the Green Market during its first year of operation. Anne Gannon, Consultant for the Chamber of Commerce, stated that the Green Market will open on January 4, 1997 at 7:00 a.m., and asked that the Commission seriously consider the request for assistance and support services. Mayor Alperin suggested that Pineapple Grove be looked at again as a possible site for the green market. Discussion followed. The Commission objected to the Green Market having the portables left on the site during the duration of the event (January through May). It was the consen- sus of the Commission to have Ms. Gannon work with the City Manager to solve this problem. The City Manager felt the CRA should not be relying on the City for financial assistance. Also, with respect to provid- ing security for the event, the City Manager recommended the use of private security as it would be more costly to provide police overtime. The Commission concurred that the Green Market would have to provide its own security. It was pointed out by Ms. Gannon that there have been substantial expenses for the first year of operation, and various items which needed to be purchased had amounted between $8,000.00 to $10,000.00. Ms. Gannon emphasized that after the first year, the vendors' fees will help to pay for the event in subsequent years. After discussion, Mr. Egan moved to approve the tempo- rary use permit for the Historic Delray Green Market and provide site set up assistance as requested to a maximum of $5,000.00, and subject to the City Attorney's acceptance of the insurance provisions, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. -16- 12-03-96 After formal action was taken on this matter, it was noted by the City Manager that there may be a need to make some code amendments with respect to banners and signs. Ms. Gannon stated that the plan is to have banners displayed on all poles from Swinton Avenue west to 1-95, and on all poles from Swinton Avenue to the FEC Railroad. The City Manager stated that permission would have to be obtained from FP&L or F.D.O.T. because they own the poles from Swinton Avenue to 1-95. 9.F. SUPPORT FOR SCHOOL-WIDE ARTS INTEGRATED CURRICULUM/PINE GROVE ELEMENTARY SCHOOL: Consider the Education Board's recom- mendation to ask the Palm Beach County School Board to formally support and endorse Pine Grove Elementary's initiative to become the Palm Beach County model site for school-wide arts integrated curriculum. Mayor Alperin complimented Ms. Asuncion, Principal of Pine Grove Elementary and her facility. The City is very fortu- nate to have such outstanding professionals at a local school. Mayor Alperin stated that he will send a letter of support and endorsement of the school's request to obtain grant funding to Superintendent Kowal. Mr. Randolph moved to approve the Mayor sending a letter in support of the School-Wide Arts Integrated Curricu- lum/Pine Grove Elementary School, 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. 9.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.H. CHARLIE BROWN V. CITY: Consider a request from the City Attorney for direction in the referenced matter. The City Attorney stated that the City only has a 30 day window to appeal the judge's ruling; and, that the Plain- tiff's request for additional monies had been denied. Although the City Attorney did not recommend an appeal of the Plaintiff's appeal for additional monies, she is seeking authorization to cross appeal should the Plaintiff file an appeal to the Court. Ms. Kiselewski moved to authorize the City Attorney to cross appeal to the court, 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. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an -17- 12-03-96 unexpired term ending July 14, 1997. Recommendation by Commis- sioner Randolph, with appointment by Mayor Alperin. Mr. Randolph recommended the appointment of Barbara Brown. Mayor Alperin accepted the Commissioner Randolph's recommendation. Mr. Randolph moved to appoint Barbara Brown to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselews- ki - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that Judith Colvard has submitted her resignation from the Delray Beach Housing Authority affective January 1, 1997. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. The City Manager stated that at a prior meeting Mr. Randolph had asked that the City request Palm Beach County to install left turn lanes on the West Atlantic Avenue corridor at either 8th or 10th Avenues. He reported that the County has denied the request based on traffic counts, lane geometrics and accident data. The results of this study indicated that the east/west left turn phasing is not warranted at this time. The City Manager pointed out that City staff met with another provider who had requested a map of all City-owned properties. This particular provider indicated that they have a different technology, and their towers have a maximum height of 90 feet. Staff had inquired what the top of their telecommunica- tion towers would look like; however this provider would not disclose this information as their technology is proprietary and the fact that this type of business is very competitive. The City Manager stated that there is a possibility that this issue will be discussed at the January 14, 1997 Workshop meeting. 13.B. City Attorney. The City Attorney stated that Assistant City Attorney Brian Shutt has prepared a memorandum regarding issues which we need to be concerned under the Telecommunications Act. While researching this issue, Mr. Shutt surveyed other cities and discovered that several municipalities have enacted moratoriums on telecommunication towers. The City Attorney's Office has prepared a draft of a moratorium ordinance and warned that it will have to be enacted in a very formal fashion (should the Commission decide to proceed with a moratorium). There is a -18- 12-03-96 possibility that First Reading of the draft ordinance will be placed on the agenda for the Special Meeting of December 17, 1996. The City Attorney requested the Commission's authoriza- tion for outside legal assistance from Jim Linn, attorney, regarding the Arthur Garland pension lawsuit. Although this issue will be placed on an agenda for formal approval, the City Attorney wished to seek authorization for Mr. Linn to proceed. It was the consensus of the Commission to grant author- ization for outside legal assistance. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth pointed out that there are conflicting speed signs on Lake Ida Road near the entrance to the Spady Elementary School. One speed sign reflects 30 miles per hour and the other speed sign reflects 45 miles. Mr. Ellingsworth re- quested that this issue be verified by staff. 13.C.2. Mr. Randolph noted that sixty days has passed since the institution of the City's contract with BPI. He stated that he has been bombarded with a number of complaints regarding trash collection. He noted that service has improved since the service was changed and suggested that staff meet with representatives of BFI regarding the service efficiency they are to provide the City. Mr. Randolph felt there has been sufficient time for the transfer in service from Waste Management to BFI; and, that the service should be running smoothly and more efficiently. The City Manager stated that he has been receiving weekly reports service complaints and noted the number of com- plaints have been dropping steadily since the change over. He reported that last week there had been 40 complaints; whereas with Waste Management, the City had been receiving 40 complaints per month. 13.C.3. Ms. Kiselewski stated that there will be many franchis- es and revenues to be made on the installation of telecommunica- tion towers. She noted that this is a very competitive business and the City will likely be receiving further requests for these towers. Ms. Kiselewski suggested that all issues should be thoroughly investigated. Secondly, Ms. Kiselewski pointed out that the telecom- munications industry is making a presentation to the Municipal League on November 4, 1996 at the Sheraton Hotel near the Palm Beach International Airport. She suggested that staff contact someone from the Municipal League regarding this particular presentation so that the City is cognizant of issues relating to this matter. -19- 12-03-96 Thirdly, Ms. Kiselewski noted that the recent Fashion Show which was sponsored by the Youth Council was a big success. 13.C.4. Mr. Eqan stated that he attended the Pine Grove Elemen- tary School's 30th anniversary and it was a huge success. 13.C.5. Mayor Alper£n reported that he had received a letter from Circuit Judge John D. Wessel regarding a program to be established in Palm Beach County. He stated that the Fifteenth Judicial Circuit of Palm Beach County is commencing a Guardian Monitoring Program under the auspices of the American Association for Retired Persons and that their first meeting will be held December 4, 1996, in Courtroom 1, at 1:30 p.m. at the South Palm Beach County Courthouse. He explained that this program is designed to assist the Courts to become more aware of the prob- lems of the elderly and incapacitated persons when they become part of a guardianship. Mayor Alperin noted that he was unable to attend this meeting and asked if anyone else might be inter- ested in attending. Mayor Alperin announced that on January 4, 1996, between 7:00 A.M. and 9:00 A.M., the CBS "Morning News" will have a presentation on the Police Department's Volunteer Program. There being no further business, Mayor Alperin declared the meeting adjourned at 9:00 P.M. 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 December 3, 1996 which minutes were formally approved and adopted by the City Commission on - 'City Cl~k NOTE TO RE~ER: 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- 12-03-96