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12-17-96 DECEMBER 17, 1996 A Special 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 5:00 p.m. on Tuesday, December 17, 1996. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Mayor Jay Alperin Absent - Commissioner David Randolph Also present were City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor Alperin called the meeting to order and announced that it had been called for the purpose of considering the following items: (1) ORDINANCE NO. 60-96 (FIRST READING & FIRST PUBLIC HEARING): An ordinance imposing a moratorium on the acceptance or consideration of applications for conditional use approvals for certain personal wireless service towers and tower facilities, and providing for the treatment of outstanding applications. If passed, a second public hearing will be held January 7, 1997. The City Manager presented Ordinance No. 60-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES; PROVIDING FOR THE TREATMENT OF OUTSTANDING APPLICATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney 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. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Mr. Geoff Sluqqett, Unruh, Smith & Associates, representinq Nextel Communications and Sprint Spectrum, asked for clarification concerning the ordinance's impact on applications which are currently pending. The City Attorney stated that the ordinance does not apply to any sufficient applications which are pending as of December 17, 1996. Mr. Sluggett asked if the City would allow during the moratorium period such uses as co-locations or shared use of existing facilities, including roof-top antennae, for those users wanting to move forward within the next 90 days. He felt this would be beneficial to all parties as it would allow providers to move forward and allow the City to direct the facilities in areas where, from a planning perspective, they are probably the most feasible and aesthetically pleasing. The City Manager referred to Section 4 of the proposed ordinance, which states, "This ordinance addresses tower facilities and their support structures. It specifically excludes and shall not effect pole attachments or the placement of antennae, where such attachment or placement does not involve the construction or structural modification to or expansion of a tower structure." On further question from Mr. Sluggett, the City Attorney clarified that if a proposal involved a structural modification to a tower structure, it would be covered by the ordinance. If not, it would be exempt from the moratorium. The moratorium applies only for new towers or structural modifications of existing towers. Attaching an antenna to an existing tower would not be a structural modification unless there is some kind of structural change that must take place to accommodate that situation. Mrs. Helen Coopersmith asked that the phraseology contained within the ordinance and associated with this issue be clearly defined so that it is easier to understand, especially for the layperson. She further commented that in her opinion the City does not need any more towers. However, if more towers are going to be allowed or have to be allowed under the law, Mrs. Coopersmith urged the Commission to proceed cautiously so as to minimize the impact on the aesthetics of Delray Beach. Mr. Mark Charfella, Primeco Personal Communications, clarified that pending applications as of December 17, 1996, are exempt from the moratorium and that those applications scheduled to be heard on February 4, 1997, will continue to move through the process and be heard on that date. Mr. Ted Miller, AT&T Wireless Services, stated that he does not feel there is an emergency situation which warrants a moratorium on the part of the City with respect to the number of tower applications that have been submitted. - 2 - 12/17/96 There being no one else who wished to address the City Commission, the public hearing was closed. Mayor Alperin reiterated that the purpose of the moratorium is not to prevent more towers in the city, but to hold off on considering any new applications until there has been a chance to study the issue in greater depth. There are a lot of unknowns about what can and cannot be done and the Commission would like the opportunity to study the matter to see what and how much control the City can legally exercise to help coordinate where and how many of these facilities might best be accommodated. It is not to prevent something from happening, but to try to make it as orderly as possible. Ms. Kiselewski commented that she felt the ninety (90) day period was sufficiently small enough so as not to hamper businesses as opposed to a much longer moratorium period. Mr. Egan moved to approve Ordinance No. 60-96 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the City Manager reported that he had recently received a copy of the Palm Beach County School Board's 1997 Legislative Program adopted September 18, 1996. In it, recommendation #7 under 'Facilities', the School Board is asking to amend Section 235.193 of the Florida Statutes. The amendment, among other things, states that local government approval for the placement of ancillary telecommunication facilities is not required. So, the School Board is going to the Legislature to try to get out from local government zoning approval even though this is a commercial venture on their part. It was the consensus of the Commission to direct the City Manager to contact the League of Cities about this matter to ensure that the League notifies all other cities to mobilize against the proposal, as well as Kathy Daley. (2) ATLANTIC HIGH SCHOOL EAGLE-ETTES FUNDING REOUEST: Consider a request from the Atlantic High School Eagle-ettes for funding support. Mayor Alperin stated that at the last regular meeting, the Atlantic High School Eagle-ettes requested funding support in the amount of $10,000.00. This money was not budgeted; however, the City Manager has indicated that the money could be allocated from projected ad valorem revenue surplus. - 3 - 12/17/96 After discussion, it was the consensus of the Commission to match any contribution made by the City of Boynton Beach up to a maximum of $3,000.00. Mr. Ellingsworth so moved, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed by a 4 to 0 vote. (3) RESOLUTION NO. 88A-96: A resolution adopting the restated plan and trust document for the International City Management Association (ICMA) Retirement Corporation Section 457 Deferred Compensation Plan. The City Attorney stated that this resolution authorizes the adoption of certain 457 plan and trust documents as modified to comport with federal law. Mr. Egan moved to adopt Resolution No. 88A-96, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. (4) Co~,.,ents and Inquiries on Non-Aqenda Items: (a) City Manager. The City Manager had no comments. (b) City Attorney. The City Attorney had no comments. (c) City Commission. Mayor Alperin complimented Building Maintenance Supervisor Jim Schmitz and members of his staff for their assistance in cleaning up the Sandoway House after it was vacated by the Police officer. Quite a mess was left and the Board of The Friends of Sandoway House asked that their appreciation be expressed to these employees. Mr. Eqan commented that he has heard some rumblings about the parking situation at The Crossroads Club. It is his understanding that some of the neighborhing businesses are circulating a petition and will be coming before the Commission for relief or consideration to purchase some property that could be used for parking. In view of this, Mr. Egan suggested staff look into the situation and perhaps the original approval to see how the parking issue was addressed at that time. Mr. Ellinqsworth wished everyone a Happy Holiday and a Happy New Year. There being no further business, Mayor Alperin declared the special meeting adjourned at 5:30 p.m. - Cit~ Cl~rk/ ' ! ATTEST.- .~ ~... The ~ndersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Special Meeting of the City Commission held on December 17, 1996, which minutes were formally approved and adopted by the City Commission on Q(1/~~ 7 /~7 --- cit~ Clerk ~ ' - T 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 official only after review and approval which may involve amendments, additions or deletions to the minutes as set forth above. 5 12/17/96