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Minutes 06-20-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA TUESDAY, JUNE 20, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. The invocation was given by Rev. Lawrence Baranowski from St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by City Attorney Raymond Rea. AGENDA APPROVAL ~ommissioner Weiner wished to add under VIII. LEGAL: Other: E. Resolution on zip Codes. Commissioner Hester wished to add under X. NEW BUSINESS: Dick Webber Child Abuse Center. Vice Mayor Olenik wished to add under XI. ADMINISTRATIVE: G. Correspondence to Gary Lehnertz. City Manager Cheney wished to add three bills to the Payment Of Bills. Two of the bills are for Seppala & Aho of FL, Inc., one in the amount of $85,452.30 and the other in the amount of $85,602.60. Also added is a bill for the Lear Construction Co., who is building the Daycare Center for $100,887.30. ~nder XI. ADMINISTRATIVE: Mr. Cheney wished to add a request ~or the Commission's approval of a Joint Use Agreement bet- ween the City and the Sheriff relative to the radio tower. Also, under ADMINISTRATIVE: Mr. Cheney wished to add a brief discussion on changes at Sunshine Square. Under III. CONSENT AGENDA: Mr. Cheney wished to delete Resolution C.2. from page one of the Agenda. Commissioner Hester moved to approve the Agenda as amended. The motion was seconded by Vice Mayor Olenik and carried 4-0. ~I. CITY MANAGER'S REPORT Mr. Cheney reported at the last meeting on a significant ~xpected increase in our tax base for the coming year. In MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 the report a mistake was made. increase it is actually a 17.2% increase is about $246,000,000. Instead of having over a 38% increase. The total Mr. Cheney also wished to request that the Commission meet in Executive Session to discuss union negotiations next Tuesday night at the conclusion of the Special City Commission meeting relative to Tradewinds. The Tradewinds meeting will take place at 6:00 P.M. Mayor Moore asked if Tradewinds had filed their site plan ~hrough normal procedures yet? If that has been filed, he Would like to have that processed and ready for con- Sideration so the Commission can take care of it at next Tuesday's meeting if possible. Commissioner Weiner requested that after items come before the Planning and Zoning Board, that they be listed in the Agenda packages with votes and the names of the dissenting Voters. She had no way of knowing what the vote was with ~he material she had in front of her. Mr. Cheney remarked ~hat those things which are on Development Plans, Consent Agenda are unanimous. On the other ones, he plans to report Go the Commission as they come up at the meeting, but he can provide a memorandum beforehand if need be. The vote is indicated in the Minutes, but they are not always completed in time. III. CONSENT AGENDA A- Minutes 1. Special 2. Regular 3. Special City Commission Meeting Minutes of May 11, 1989 City Commission Meeting Minutes of June 6, 1989 City Commission Meeting Minutes of June 9, 1989 ~ayor Moore referred to the Commission meeting Minutes of ~une 9, 1989. The Commission took action at that meeting to remove Planning and Zoning Board member, Gary Lehnertz from ~he board. Mayor Moore noted that the Minutes clearly state this action was taken upon the recommendation and advice of ~he City Attorney and that the Commission was proceeding in a ~egal manner. Commissioner Hester also expressed concern over this matter. Mr. Rea acknowledged that he "screwed up royally" and he apologized to the Commission. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 B. Bids - Recommend Approval - Ail expenditures are a_~proved in the 1988-89 Adopted Budget I. Pipe Fittings and Accessories The Tabulation Committee recommends awarding the bid to ven- dors that were the overall low bidder for each category as ~hown on Bid Tabulation Sheet. Vice Mayor Olenik asked what the total cost of this bid is. Mr. Cheney stated that we don't know, but obviously it is not above what is in the budget. You don't know throughout ~he year exactly how many pipe fittings you will need to buy. This guarantees the price for the year and you purchase Within it. 2- Portable Gas Engine Cut-Off Saw The Tabulation Committee recommends awarding the bid to ~. W. Grainger, West Palm Beach~ Florida in the amount of ~552.99o Resolutions Proposed Resolution No. 89-BB Re: Final Plat Approval - Tract Q, Windsor at Hunters Run (West of Congress Avenue & North of the L-30 Canal) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR WINDSOR AT HUNTERS RUN BEING A REPLAT OF PORTIONS OF TRACTS "Q" AND "12", SUMMIT PLAT NO. 1 IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST IN PLAT BOOK 36, PAGES 48 thru 51, PUBLIC RECORDS, PALM BEACH COUNTY DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Description: Fire Station No. 3 Miller, Meier, Kenyon, Cooper Architects & Engineers, Inc. City of Boynton Beach North Congress Avenue at Miner Road, southwest corner SITE PLAN - Request for site plan approval to construct a new fire station and pistol range on 3 acres Vice Mayor Olenik asked if the bay doors had been enlarged. He understood that the size of the bay doors was such that it might make it tight for future fire vehicles. Mr. Cheney stated that they will be enlarged as much as they can with 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 the supports in between. That is a construction detail which will be faced. It is not a site plan detail. Mr. Cheney stated he would provide an answer. Mayor Moore asked Mr. Cheney if we have the money to proceed With this project. Mr. Cheney responded affirmatively. The plans have not been completed. The City expects to bid this project in August. The site plan has been approved by the planning and Zoning Board and the Community Appearance Board. Mayor Moore couldn't understand what the holdup is With the architects. Mr. Cheney responded that they are ~roceeding according to their contract Each of the appro- val steps has to be followed. The May~r would like to see a ground breaking in 30 days. If this is not possible he Would like to have an explanation. Mr. Cheney said that is ~ot possible because the final construction documents have hot been completed or approved. The matter has not gone out ~o bid. The bidding time is usually 30 days. The Mayor suggested appointing an ad hoc committee to help expedite the completion of this project. The Mayor was con- ierned about the length of time it takes emergency vehicles o reach some citizens in the community. He wondered why ~he City didn't just duplicate the plans they have for the Fire Station on S. Congress and then add on the pistol range. He couldn't understand the delay. Mayor Moore Suggested Mr. Walshak, Mr. Blanchette and Mr. Aguila for the ~d hoc committee. Several Commissioners objected. ir. Cheney stated that the City hopes to open the at bids the beginning of August. They would like to award the ~ontract a week later. The Commission meets on August 7. ~onstruction could begin at the middle of August. Commissioner Weiner stated that she didn't have any problem ~ith this time frame. It didn't sound terribly long to her for a building of this nature. ~ormer~_~ayor Ralph Marchese commented from the audience that it's moving in a progressive manner. Vice Mayor 01enik, Commissioner Hester and Commissioner Weiner all were Concerned about the response time for emergency vehicles. They did not feel that an ad hoc committee would really be Able to do anything to move it along any more effectively. ylce Mayor Olenik felt that the 60 day construction start ~ultimatum" might be acceptable. He didn't think 30 days as possible. Moving along on the Agenda, Mayor Moore asked why the next four site plan modifications weren't handled administrati- Vely. He wondered why these items were before the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Commission again. Carmen Annunziato commented that all but one were under $100,000, however there are specific provi- sions in the Code of Ordinances which require these appro- vals, outside of 19-23. These are in Planned Unit Developments and two of the projects will have free-standing signs. Mayor Moore stated that the Commission shouldn't be bothered With these things. They should be handled administratively. Mr. Annunziato responded that they had a recommendation on ~he Board on administrative procedures, which addresses ~his, but it takes Ordinance amendments. Mr. Cheney com- mented that on the first one, Catalina Centre Plat No. 2, ~he change is under $100,000, but the shared parking ~rrangement also needs approval. The Commission has to spe- Cifically address the shared parking. Implied in the Commission's motion will be the shared parking approval. Project Name: Agent: Owner: Location: Description: Catalina Centre Plat No. 2 (Flagler National Bank) Peacock & Lewis, Architects & Planners, Inc. Walboyn, Inc. West side of North Congress Ave., south of N.W. 22nd Ave. SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for changes in site layout and design of a previously approved leased out- parcel to accommodate a new tenant Project Name: Agent: Owner: Location: Description: Hunter's Run Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Ave., between the L.W.D.D. L-28 and L-30 canals SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for construction of an entrance wall sign at the north project entrance. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 4. Project Name: Agent: Owner: Location: Description: Project Name: Agent: Owner: Location: Description: Consider approval of license Hunter's Run Charles N. Gilbert, Project Architect Summit Asociates, Ltd. West side of South Congress Ave., between the L.W.D.D. L-28 and L-30 canals. SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for an addition to the clubhouse golf cart staging area. Quail Run Thomas Lira, Director of Planning Coscan Florida, Inc. West side of South Congress Ave., between Woolbright Rd. extended and Golf Road SITE PLAN MODIFICATION - Request for approval of an amended site plan to allow for an entrance wall sign at the north project entrance. zoning for alcoholic beverage 1. Giordano's Deli 211 S. Federal Hwy. $6 i Boynton Beach, FL 33435 A1 Newbold, Building Code Permit Administrator, noted the ~bove location complies with zoning requirements for the ale of beer and wine for off premise consumption. ~. Accept donation from Castoff Square Dance Club As per Charles Frederick's June 14, 1989 letter of appre- Ciation to the Castoff Square Dance Club, a $2,000 donation ~as been made to the City. Consider approval of sole source purchase - Lifepak/Pacemaker and Thumper Er. Cheney remarked that this item can't go out to bid because no one else makes these items. Mr. Bill Sullivan ~tated that this particular unit is a combined Lifepak and Thumper in one. The price for this unit is $9,475.00. It is being purchased from Physio Control, Orlando, Florida. 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 H. List of Payments - Month of May, 1989 List of payments attached. I. ~pproval of Bills List attached. Mr. Cheney pointed out that the amount of the bill for Dan Garey should be corrected to $36,693.90. He is the contrac- tor for the Sara Sims Park Expansion Program. At the very beginning of the meeting Mr. Cheney had requested the addition of 3 bills to the list. Two of the bills are for Seppala & Aho of FL, Inc. in the amounts of $85,452.30 and $85,602.60. The third bill added was for Lear Construction Company in the amount of $100,887.30. Mayor Moore stated that he thought it had been made clear previously that if the City hired any outside attorneys the Commission would have to specifically approve them. In con- nection with Southern Entertainment, the Mayor noted that Mr. Green was being paid $5,897.30. The Mayor thought this was a one motion hearing and asked what the hourly charge on this works out to be. Mr. Rea remarked that a number of briefs were prepared and several trips were made to Miami on the motion to dismiss. The budget approved last October ~pecifically allowed for outside legal counsel as a line item. This particular matter dealt with a number of unique issues with regard to constitutional law. Our motion to ~ismiss was granted without prejudice for Southern Entertainment if they chose to go back into State court. It Was a successful litigation and within the budget. Mayor Moore stated the budget was gone long ago for any line item for outside counsel for Tradewinds. The City dipped into unappropriated surplus for that. Mr. Rea responded that the City had specifically earmarked dollars for Tradewinds because it was a unique situation in the City. He stated that there is only so much that one person can do. ~he way it has been operating, we rely heavily on outside Counsel. Mayor Moore noted that we have a full-time City Attorney. He asked, "If this is going to be the situation, why don't We just contract every case out to somebody else?" Mr. Rea responded that the city could probably contract everything out if the Commission chose to. He personally is handling a number of pieces of litigation as well. The City has MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 grown immensely and there are only so many hours in the day that one attorney can handle all the litigation that occurs in the City. The Mayor stated that if we hire outside counsel on any case, whether or not there's a line item in the budget, he wants to know about it. The Mayor knew this case was filed and he assumed that the City Attorney was handling it. Mr. Cheney noted that 38.4 hours were spent working on this. Mr. Rea stated that one of the problems is if the City Attorney has to come to the Commission for approval each ~ime outside counsel is hired, we immediately get "behind ~he eight ball" as far as our time to answer. We only have 20 days to file a response. We could be served with a lawsuit tomorrow that requires special expertise. The next City Commission meeting will be in two weeks. Sometimes, depending on the schedule, it's three weeks. This would mean then that we would have to seek outside counsel and ~ive them no more than possibly one week to compile an answer. The attorney would normally be allowed 20 to 30 days to do this. This is dangerous as far as potential liability to the City is concerned. Mayor Moore asked the Commissioners, "Do you want to arbitrarily, unbridled, without restraint, authorize the ity Attorney to obligate this City for, in this case, 6,000 without our knowing about it?" Vice Mayor Olenik stated that he felt the legal fee was high also. In the next month as the Commission begins to go through the budget process he feels that is the time that ~he Commission can "bear down" if they want on outside legal ~ees. They could determine if they want to bring in a part- time attorney. commissioner Hester recalled that the Commission had indi- Cated it wanted to be informed when outside legal assistance Was used. Vice Mayor Olenik and Commissioner Weiner also recalled this. Commissioner weiner recalled at one of the Commission meetings they had discussed the issue of whether the city Was at the "break even point" between hiring outside counsel and having additional counsel hired by the City on a full- ~ime basis. She thought that when they discussed it pre- Viously, they seemed to be at the point where it would pay the City to hire a "half counsel." She thought perhaps we have come to the point where it would pay to hire an addi- tional full-time counsel. She could not see having Mr. Rea MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 report to the Commission each and every time additional counsel is hired. She calculated that Mr. Green's fee was about $140 to $150 an hour. Mayor Moore agreed that it would be a good idea to discuss this further during budget deliberations. Motion ~ommissioner Weiner moved that the Commission accept the ~ONSENT AGENDA. Vice Mayor Olenik seconded the motion Which carried 4-0. IV. BIDS None. V. PUBLIC HEARING A- Project Name: Agent: Owner: Location: Description: Citrus Glen (Continued to Planning & Zoning Board meeting of July 11, 1989) Delfin F. Menendez, M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner ABANDONMENT - Request for the abandonment of an 80 foot wide collector road (Citrus Glen Dr.) B. Project Name: Agent: Owner: Location: Description: Citrus Glen (Continued to Planning & Zoning Board meeting of July 11, 1989) Delfin F. Menendez, M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner ABANDONMENT - Request for the abandonment of a 60 foot wide local street (Citrus Avenue) 4r. Annunziato remarked that it has been requested that ~hese two PUBLIC HEARINGS be continued until the ~uly 18, 1989 City Commission meeting. ~ommissioner Hester moved that these two PUBLIC HEARINGS be Continued until the July 18, 1989 meeting of the Commission. Commissioner Weiner seconded the motion which carried 4-0. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 VI. PUBLIC AUDIENCE Mr. Philip Martin, 211 S.W. 5th Avenue, Boynton Beach, addressed the Commission. He stated that he is concerned about a road which lies behind Boynton Beach Townhouses (formerly Chelsea Picket). He thought it might be S.W. 1st Street. The City states that the apartments are responsible ~or the road and the apartments claim the City is respon- Sible for the road. The road is full of potholes and needs ~o be repaired, city crews have repaired some of the pot- ~oles in the past. Mr. Martin also referred to a sidewalk on Woolbright Rd. ~ear the 7-11 Store. The sidewalk is dangerous and needs to be repaired. Mr. Cheney reported that is a County sidewalk, but the City would contact the County. Mr. Robert Eidus, 31 Ironwood Way North, Palm Beach Gardens, ~ddressed the Commission. His firm, The List Companies of palm Beach, represents J & J Ventures, owners of Water's Edge Marina. Mr. Eidus directed his presentation to the roposed redevelopment of the area bounded by the ntracoastal Waterway, to the east, Ocean Avenue, the south, ~he eastern property boundary of First Financial Plaza, to ~he west and the proposed new bridge to the north. The List Companies have contacted six property owners most ~ffected by the redevelopment of the area and a meeting was held at the Chamber of Commerce on June 6, 1989. The following was agreed to as a consensus of those assembled. ~t was suggested that the height limitation of 45 feet be ~aised in the area delineated above. The property owners ~greed with past concerns of developers that to attract the 'roper development and create a viable downtown cityscape, ~aller buildings would be mandatory. Ail of the property owners contacted, agreed that the City Should float some municipal bonds to enhance the area's ~evelopment financial attractiveness. One of the impedi- ments to development, J & J Ventures discovered, was the lack df local banks willingness to invest in this area at reason- able rates of return to the developers. Mr. Eidus ela- 5orated. The affected property owners agreed that the joining of the two dead-end canals would be supported. This would elimi- nate a pollution problem and allow the canals to flush. This is said to be supported by the U.S. Army Corp. of 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Engineers and City officials. The property owners may be willing to swap the land necessary for the canal for removing the dedication of Casa Loma Blvd. or other accep- table suggestions. Mr. Eidus stated that the work on the dead-end canals would have to be approved by the U.S. Army Corp. of Engineers, but ~hey would not necessarily have to do the work. The Two Georges is located on the south side of Casa Loma Blvd. Mayor Moore remarked that probably at the next meeting the ~ommission would be considering final adoption of an ordinance in connection with the Downtown Redevelopment Board which will undertake the responsibility for advising the Commission on the matters Mr. Eidus was talking about. They are probably the people Mr. Eidus should coordinate with as soon as they are appointed. Former Mayor Nick Cassandra, 2554 S.W. 10th Court, Boynton Beach, addressed the Commission. Relative to discussion on ~he CRA~ Mayor Moore remarked that they would need a full ~ommission before they could undertake this. Mr. Cassandra ~nderstood this. He stated that he had read statements in ~he newspapers which indicate that the CRA of old did 9othlng, the Commission had not do e anything, etc. He wanted to give credit to the old CRA as he felt they 'linvented the wheel." He was tired of people "knocking" %hem. The Commission that took over did accomplish ~omething. It has a plan for the model block, which was not implemented. He referred to Boynton Beach beautification. The first one that should have been implemented was not %mplemented. They have a parking garage footprint that the Commission of old did, so that the new CRA will not have to ~tart from scratch on a parking area. If any investors come in, the City has a plan for parking in downtown. mr. Cassandra would like for the Commission to consider mplementation of the model block that is from the track to .S. 91. This City block does not require County approval Or State approval. It can be done in-house~ so to speak. The money was there. He didn't know why it died. This model has been part of the old CRA concept and the Commission's concept. Also, he encouraged the Commission to ~pprove the first Boynton Beach Beautification Plan. ~mplement the medians. Give a foundation to the new CRA. Tell them what has been approved, so that they can modify, correct and add to. He asked that the new CRA not be allowed to start all over again. Vice Mayor Olenik asked Mr. Cheney if the Federal Beautification Grant that the City was recently awarded was intended specifically for use on Federal Highway or could it 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 be used for the entrances and exits on 1-957 Mr. Cheney stated that it was not a Federal grant but rather was from the State. It was specifically for Federal Highway. An application is pending for beautification along 1-95, adja- cent to the park between 17th and 19th. ~ice Mayor Olenik referred to a program that exists in Palm Beach County which he thought was called Trees Beautiful Palm Beach. He asked if the City had looked into this ~rogram? Mr. Cheney replied that we had not looked into his program and he did not unding. ~II. DEVELOPMENT PLANS: A. Project Name: Agent: Owner: Location: Description: ~r. Charlie Fredericks know where they get their Boynton Beach Multi-Purpose Recreation Facility Spillis, Candela & Partners, Inc. City of Boynton Beach East side of South Seacrest Blvd., between Ocean Ave. and S.E. 1st Avenue SITE PLAN - Request for site plan and shared parking approval to construct a 38,000 square foot multi-purpose recreation facility on 3.8 acres addressed the Commission and stated ~hat this project would replace and expand our existing ~ivic Center. Mr. George Iglisias was in attendance at the eeting to represent the architects. The facility has been esigned to accommodate major performance programming such Ls musical concerts and theatrical performances with a ~eating capacity of 1,500 for those types of performances. 2n December, 1987, the Commission at that time selected this )articular site after review of a site selection analysis of ~his site and the Congress Ave. Park site. The analysis was :onducted by the planning and architectural firms of ~pillis, Candela & Partners and WRT with sub-consultants .nvolved. !he Commission's decision was based primarily on their ~esire to create a strong statement for the downtown, deve- 2oping a corridor tie-in to the downtown redevelopment as ~ell as providing a strong focal and anchor point to indivi- dual four block government complex, once the school is )hased out. The school is scheduled to be phased out at the ~nd of this coming school year or before that as the replace- 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 ment school is currently under construction. It is anti- cipated that negotiations with the School Board will result iR the City becoming the owners of that property. ~ast site plan proposals for those facilities have indicated tlhat the smaller school building would become a headquarters flor the Boynton Beach Historical Society and museum, while tlhe larger building, depending on its structural analysis, mould become a community facility for smaller meetings, ~ecreation classes, an art center or other government func- t!ions. ~s a part of the site selection, it was determined by the ~ommission that the condominiums east of the Civic Center hould be purchased and that the tennis courts and Madsen enter should be relocated to the Congress Ave. Park. ~iscussions have taken place with the condominium owners ~hrough the manager's office and a few meetings ago, this Commission approved the site plan for the relocation of the ~ecreation facilities to the Congress Ave. Park. These two Ictions were taken to resolve the concerns of not enough arking and the open space in the general area. The childrens' playground which is located to the east of the Civic Center is proposed to be located in the southeast Corner where the Madsen Center currently is, as well as the ~econstructlon of two lighted tennis courts so that we main- ~ain a mini-park for the neighborhood and a "soft" edge to ~hat side of the particular park property. ~eorge Iglisias made color artists' renderings available to ~he Commission. Mr. Fredericks and Mr. Iglisias elaborated ~urther on the facility. Mr. Cheney remarked that the Planning and Zoning Board a ~eek ago moved to recommend denial of the approval of this project. The motion to deny passed 6-1, with Marilyn Huckle Supporting the project. The Community Appearance Board ~oted unanimously 7-0 to support the project. Mr. Cheney stated that one objection was that this is an urban type project. The previous Commission decided to have this project downtown in an urban setting to highlight ~he development downtown and to bring "urbanness" into the ~ity Hall complex. If this building had been designed for ~ongress Ave., it obviously would be a different kind of u~ld~ng. Another comment had been made that the architec- ture of the facility is not the same as the library. If the ~ommission had decided to have it the same as the library ~hey would have selected the architect that designed the ~ibrary and City Hall. The architect that did the library 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 and City Hall was one of the three architects that were being considered for the project. They specifically said that they would like to have some other kind of architecture for the facility. Mr. Cheney reported that there had been some concern about traffic circulation. Kimley Horn was involved. There is not a traffic access onto Seacrest. That is becauss of the ~eavy traffic already on Seacrest. Qommissioner Weiner stated that she was very excited by the Drospect of this facility and thought it would be an enor- mous addition to the public life of the City. She felt it belongs exactly where it has been planned. ~ice Mayor Olenik stated that he was in attendance at that planning and Zoning Board meeting. A concern that the Board ~ad raised was relative to location and putting it downtown as opposed to putting it out west. These may be valid con- ~erns. Those concerns were addressed and meetings were held by the previous Commission as to where it should be and what ~he City wanted in this facility. He stated that he felt ~he Planning and Zoning Board should have evaluated the site last week, as a site plan approval, like they do with any 6ther developer that comes into the City. This is the City ~oming to a board of the city. He felt they should have been acting on the merits of how the project related to the ~echnical comments from the TRB, if it was aesthetically ~leasing (CAB) and whether it met Planning and Zoning regu- ations of the City. Vice Mayor Olenik directed a question ko staff, "Does this complex with it's shared parking arrangement, with it's size and density, met the require- ments and zoning ordinances of the City?" Mr. Annunziato ~esponded affirmatively. Vice Mayor Olenik remarked that in other instances the Commission has been criticized for asking more of a deve- loper than what ordinance requires. It almost seems like we ~re going the other way in this particular project. It's like we have a body asking a developer to move his building Some place else. He wasn't sure that was the responsibility Of the Planning and Zoning Board at that particular junc- ture, where it was asked to approve a site plan. Commissioner Hester stated that many hours were spent pre- 9iously discussing the pros and cons, what should be in the building and where it should be located. Input was received from the public. Parking and other elements were all addressed. We gave the contract to the architect. He thought the architect's plan had turned out better than what he expected. The architecture might not be exactly what everybody likes, but what will be inside the building is 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 what the citizens have asked the City to put there. He too was concerned about the parking, but if it meets all the requirements of the City Code then he has no problem with it. Mayor Moore stated that "this is the biggest boondoggle that has ever been perpetrated on the taxpayers of the City." He felt the Commission would rue the day they pass this project and start spending money on it. He stated it does not meet the requirements. The Mayor challenged Mr. Annunziato if he would allow anyone to file a site plan like this that is~ ~uperimposing parking spaces over a building that they don't even own. The Mayor referred to Unity of Title. The City does not own that property. There are a number of people there that do not want to sell. You're going to have to ~ondemn that property which could be expensive. Without that parking space he predicted a nightmare if that audi- ~orium was ever filled with 1,500 people. He thought the Current building probably has a useable life for twenty ~ears. The Mayor thought the facility was just too much for the site. · he Mayor read into the record, "There is far more danger in public than in private enterprises, for when the government goes into business it can always shift it's loses to the taxpayers. Government never makes ends meet and that is the first requisite of business." The Mayor felt it was time %hat the Commission applied good business common sense. The Mayor asked how Mr. Annunziato was going to get the pro- ~erty from the people that live there in Park Lane? He ~sked Mr. Cheney where the money was coming from? mr. Cheney responded that the decision to buy those con- dominiums was made by the Commission at that time. This Commission has the right to change that decision. The pro- ~erty has been appraised but Mr. Cheney said that obviously e wasn't going to say how much the City would pay for the property at this meeting. It would not be appropriate. A portion of the money has been funded in the Capital Improvements Program which has been adopted by the Commission and the Planning and Zoning Board. Mr. Cheney said that he will be suggesting at some point that the City proceed with the acquisition of that building and that the Commission authorize the City Attorney and City Manager to proceed, and quite likely hire a real estate agent to be the City's nego- tiator for that acquisition. Mayor Moore questioned why a ~eal estate agent had to be hired. He asked about accepting a site plan if there is not a unity of title. Mr. Annunziato remarked that in this instance we go on the assumption, based on prior City Commission policy, that that Will be public parking. If a private developer came in and didn't own the property and had no contract to purchase it, ~hey would not count the parking. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Mr. Cheney remarked that if we don't get the condominiums we will provide the parking spaces elsewhere. Motion ~ice Mayor Olenik moved that the Commission approve the site plan for the Boynton Beach Multi-purpose Recreation Facility ~o be located on the east side of South Seacrest Blvd., bet- Ween Ocean Avenue and S.E. 1st Avenue. Commissioner Weiner ~econded the motion which passed 3-1. against the motion. ~urther discussion took place on this ~eeting, just prior to OLD BUSINESS. Mayor Moore voted topic later in the VIII. LEGAL A. Ordinances 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 89-11 Re: Creating a Community Redevelopment Agency for the Central Business District and establishing jurisdiction for both Community Redevelopment Agencies (Continued to July 5, 1989, City Commission meeting) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 87-15, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR HOUSING AND COMMUNITY IMPROVEMENT; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR THE CENTRAL BUSINESS DISTRICT; ESTABLISHING JURISDICTIONS FOR BOTH COMMUNITY REDEVELOPMENT AGENCIES; PROVIDING FOR APPOINTMENT TO THE BOARD OF COMMISSIONERS OF THE RESPECTIVE AGENCIES; PROVIDING FOR STAFFING; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. City Attorney Rea noted that proposed Ordinance No., 89-11 ~ad been continued until July 5, 1989. Proposed Ordinance 89-10 Re: Annexation - Jonathan's Grove (Continued to June 20, 1989, City Commission meetin~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON. ADOPTION; AND FOR OTHER PURPOSES. Mr. Rea stated that they had actually read this by title and held the public hearing on this as well. All that is ~ecessary at this point would be discussion, if needed, and ~he vote. No discussion took place. !ommissioner Hester moved that proposed Ordinance 89-10 be pproved. Vice Mayor Olenik seconded the motion. Mrs. Boroni ook a roll call vote on the motion as follows: Mayor Moore - Vice Mayor Olenik - Commissioner Hester - Commissioner Weiner - Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 89-13 Re: Amending Land Use Element - Jonathan's Grove (Continued to June 20, 1989, City Commission meeting) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREIN, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW-MEDIUM RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~r. Rea stated that the situation was the same with proposed rdinance 89-13. (Please see Mr Rea's comment on Ordinance No] 89-10.) 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Vice Mayor Olenik moved to adopt proposed Ordinance 89-13. Commissioner Hester seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Olenik - Commissioner Hester - Commissioner Weiner - Mayor Moore - Motion carried 4-0. Aye Aye 4i. Proposed Ordinance No. 89-14 Re: Rezoning - Jonathan's Grove (Continued to June 20, 1989, City Commission meeting.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS R-lA (SINGLE-FAMILY RESIDENTIAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Rea stated that the situation was the same with proposed Ordinance No. 89-14. (Please see Mr. Rea's comment on Ordinance No. 89-10.) Commissioner Hester moved to adopt proposed Ordinance 89-14. Commissioner Weiner seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: Commissioner Hester - Commissioner Weiner - Mayor Moore - Vice Mayor Olenik - Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 89-15 Re: Amending Section A - Zoning to provide for Tire Sales and Service (Continued to June 20, 1989, City Commission meeting) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION A- ZONING. TO PROVIDE FOR TIRE SALES AND SERVICE, WITHOUT MAJOR REPAIRS AS A PERMITTED USE WITHIN THE C-3 DISTRICT; PROVIDING FOR ENVIRONMENTAL REVIEW PERMITS FOR SAID USE; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 REMs%IN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Mr. Rea stated that this proposed Ordinance had been read by ~itle only. It is now time to open and close a PUBLIC HEARING and then vote. Mayor Moore asked if there was anyone present in the ~udience that wished to give input on proposed ordinance No. 89-15 on second reading? There was no response from the ~udience. ~ommissioner Hester moved to approve proposed Ordinance No. ~9-15. Vice Mayor Olenik seconded the motion. Mrs. Boroni ~ook a roll call vote on the motion as follows: Commissioner Weiner - Mayor Moore - Vice Mayor Olenik - Commissioner Hester - Aye Aye Aye Aye Motion carried 4-0. Proposed ordinance No. 89-16 Re: Amendment to Noise Ordinance AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE "CITY OF BOYNTON BEACH NOISE CONTROL ORDINANCE" SECTION 15-8.3, SAME-PROGRAM ADMINISTRATION., TO LIMIT FORMALIZED TRAINING FOR ENFORCEMENT OF NOISE DISTURBANCES TO SECTION 15-8.8; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EPFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~r. Rea read proposed Ordinance No. 89-16 on second and ~inal reading, by title only. Mayor Moore asked if there was anyone present in the audience that wished to give input on proposed Ordinance ~o. 89-167 There was no response from the audience. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Commissioner Weiner moved to approve ~ proposed Ordinance No. 89-16 on second and final reading. Vice Mayor Olenik seconded the motion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Moore - Vice Mayor Olenik - Commissioner Hester - Commissioner Weiner - Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 89-17 Re: Readoption of Ordinance 89-12 New Permitted Uses in C-3, C-4, PID and M-1 Zones AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, READOPTING THE PROVISIONS OF ORDINANCE 89-12; ADOPTING REASONS AND FINDINGS FOR ZONING REGULATIONS RELATED TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING SECTION A - ZONING TO REDUCE DISTANCE REQUIREMENTS AND TO APPLY SAID DISTANCE REQUIREMENTS TO RESIDENTIAL ZONING DISTRICTS, PUBLIC USEAGE DISTRICTS OR RECREATION DISTRICTS; PROVIDING FOR ADULT ENTERTAINMENT ESTABLISHMENTS AS PERMITTED USES WITHIN C-3, C-4, PID AND M-1 ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. John Halliday, representing Quantum Corporate Park, ~ddressed the Commission. Mr. Halliday stated that it is qnfortunate that Quantum Park has to defend itself against ~his particular use. The P.I.D. zoning was originally intended to provide a safe haven for light industry and ~ssociated business activities such as office and commer- Cial. The thought of having to provide some sort of protec- ion for the use that was not contemplated in the original ~doption of the P.I.D. zoning Ordinance they feel is i!nappropriate. They request again that the City reconsider. ~here was no other input from the public. Vice Mayor Olenik emarked that if P.I.D.s are taken out as an acceptable oning, the City would run the risk of having an unconstitu- ional Ordinance. Mr. Rea agreed. qommissioner Hester asked if someone should go into Quantum dark and want this could they be kept out? Mr. Rea answered ghat Quantual could put in restrictive covenants in their 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 deeds to eliminate these. He stated that he could get together with staff and "massage" the distance and zoning requirements to try to take the permitted use out of a P.I.D. They would have to spread it elsewhere in the City, but they could investigate that if the Commission desired. He stated it would take some work to keep the formula so that we still withstand Constitutional muster. Mr. Rea advised that the Commission adopt this today and then if ~here are any problems with where we've located these faci- lities or permit them, they can revisit it and do con- siderable more investigation as to appropriateness. Commissioner Hester moved to approve Ordinance No. 89-17. ~ommissioner Weiner seconded the motion. Mrs. Boroni took a ~oll call vote on the motion as follows: Mayor Moore - Vice Mayor Olenik - Commissioner Hester - Commissioner Weiner - Aye Aye Aye Aye Motion carried 4-0. ordinances 1st Reading Proposed Ordinance No. 89-4 Re: Amending Chapter 21 - Signs (Previously TABLED) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21. SIGNS SECTION 21-3 DEFINITIONS. OF THE CODE OF ORDINANCES TO CLARIFY THE DEFINITION OF VEHICULAR SIGN AND EXCLUSIONS THERETO; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 21, AND SECTION 21-3 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~he Commission left this item TABLED since it still had not ~eceived a final report from the ad hoc committee on the ~igns. Proposed Ordinance No. 89-19 Re: Amending Chapter 7.5 - Environmental Regulation Article II. Landscape Code AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 7.5 ENVIRONMENTAL REGULATION ARTICLE II. LANDSCAPE CODE. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 SECTION 7.5-38 APPLICABILITY OF LANDSCAPE ORDINANCE AND OTHER REGULATIONS TO CLARIFY SAID SECTION'S PROVISIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 7.5 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Rea read proposed Ordinance 89-19 on first reading, by caption only. He stated that this had taken out some of the ambiguities in that particular provision of the Code dealing with the application of the Landscape Ordinance. This is a result of the LaMontagne problem. The language has been clarified so that we have a better ability to determine when the Landscape Code applies to a particular project or not. Mayor Moore asked if this would have the effect of allowing staff to resolve the LaMontagne problem that we're in liti- gation on? Mr. Rea stated that the LaMontagne problem has ~een resolved. Building permits have been issued for that building and now we will be ready to get the lawsuit dismissed. Mr. Rea suggested that at a future date we develop some type Qf standards so that administrative staff can determine what a substantial change in exterior design would include. We could adopt that at a later date by resolution. Vice Mayor Olenik moved to adopt Ordinance 89-19. ~ommissioner Weiner seconded the motion. Mrs. Boroni ~oll call vote on the motion as follows: took a Vice Mayor Olenik - Commissioner Hester - Commissioner Weiner - Mayor Moore - Aye Aye Aye Aye Motion carried 4-0. C. Resolutions None. D. Other 1. Review of Community Appearance Board responsibilities Previously TABLED The Commission agreed to leave this item TABLED. Mr. Cheney noted that the Planning and Zoning Board has offered to meet with the Community Appearance Board relative to Chapter 19. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 2. Consider approval of Water Service Agreement Jerry Owings and Edward Terczak, Jr. staff recommends approval of this Water Service Agreement. Commissioner Hester moved that the Commission approve this agreement. Commissioner Weiner seconded the motion which carried 4-0. 3. Consider current plans to purchase Morey's Lounge - Requested by Mayor Gene Moore Mayor Moore asked what is the present status of the condem- nation suit? Mr. Rea responded that it is being set for hearing in September to determine the public purpose and ~hen possibly six months later would be the determination of the value of the property. Mayor Moore referred to Correspondence that had been received from Mr. Weaver. The Mayor was concerned about the direction the Commission is ~aking on this particular issue. There has been some argu- ment about whether it is a proper consideration for loss of business damages. Theoretically what has happened, is Morey's, if they were bought and closed down, could have mOved their operation some other place in town. That is not a viable possibility at the present time. Mr. Weaver pro- jects damages now between $500,000 and $1,000,000. He asked how much the City should be spending to acquire 15 more parking spaces? Mr. Rea noted that our appraisal of the property was for approximately $120,000. The other side has no appraisals at this point. Mr. Moore elaborated and said ~hat based on Mr. Weaver's letter, the Commission might want to revisit this topic. The Mayor questioned whether the ~ity would get over the first hurdle of saying that the taking of the land is for a public purpose. He thought the City should back off. Former Mayor Nick Cassandra made remarks to the Commission ~elative to the conceptual plan of Boat Ramp Park which is about nine years old. Years ago when the owner was alive he indicated if he ever sold, it would be to the City. Then in Phase II the homes were bought out. After the death of the owners the City pursued the purchase of the property. ~r. Cassandra stated it was not "topless" as such that they Wanted to get rid of. It was in the Master Plan for the last eight or nine years. Mr. Cassandra disagreed with Mayor Moore. He said it was up to the Commission to either complete the park according to the concept or to back off. Further discussion took place. In condemnation matters, Mr. Rea stated that the Judge determines whether there is a public purpose. It could die right there. The jury deter- mines the value. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Vice Mayor Olenik asked what would happen if the public pur- pose is not determined to be there. Does the process end with our paying legal fees and that's it? Mr. Rea answered that the process ends and then we pay legal fees on both sides. Under the Florida Condemnation laws the government pays the attorney's fees of the person who is being con- demned. We're not doing a quick condemnation. We are Raking it in a two-step approach. We're going to the ~earing to determine whether or not there's a reasonable public purpose. If we pass that hurdle and go to the jury ~rial, we have the option at that date to determine whether dr not we will continue to take the property at the price determined. The hearing on public purpose may take place in ~he middle of September. 4. Application of Landscape Ordinance to LaMonta~ne Propert~ ~iscussion on this topic took place as part of Item VIII. B. 2. Resolution on Zip Codes ~his item was added to the Agenda at Commissioner Weiner's ~equest. Commissioner Weiner referred to a letter to City Manager Cheney from the City of Greenacres. The City of ~reenacres passed a Resolution requesting the United States Rostal Service to enable cities and towns the opportunity to ~btain zip codes which conform to the geographic municipal ~oundaries of their city. Commissioner Weiner referred to ~he problems experienced in subdivisions such as Boynton Sakes and The Meadows, where mail is still being processed ~hrough the Lantana Post Office. The City Attorney was instructed by the Commission to draft a Resolution similar 4o what the City of Greenacres has and bring it to the ~ommission at the next meeting. ~ayor Moore received a letter from Harry Johnston which indicated that Representative Stump has introduced House Resolution 238, a bill to provide that zip code boundaries iay be redrawn so that they do not cross boundaries of units f local government. Currently this legislation is pending ~n the Post Office and Civil Service Committee. Mr. Johnston stated that he supports this measure. It is ~oving forward but they need all the support they can get. ~he City Manager was asked to tell Mr. Johnston that they have the City's support. Boynton Beach Multi-Purpose Recreation Facility ~ommissioner Weiner returned to this topic which had been ~ddressed earlier in the meeting under DEVELOPMENT PLANS. ~ommissioner Weiner moved that the Commission direct the 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 City Manager and City Attorney to go forward with the nego- tiations for the purchase of the condominium in question and hopefully get an estimated agreement from them on the entire price and report back to the Commission. Vice Mayor Olenik seconded the motion which carried 3-1. Mayor Moore voted against the motion. IX. OLD BUSINESS Status of Children's Services Council Latchkey Grant P~oposal Mr. Cheney reported that if both of the Latchkey Programs are approved, the Commission needs to authorize some funds in next year's budget to lease a portable classroom from the ~chool system to be placed at Rolling Green School for the Aatchkey Program. Poinciana has a classroom they can pro- uide. Rolling Green has a problem with space. If the Commission chooses not to authorize the funds, the City Would tell the Children's Services Council that we would have the program only at Poinciana. Charlie Fredericks provided the Commission with facts rela- tive to the scheduling and space factors involved. Vice Mayor Olenik thought that since there is a problem with Space at Rolling Green for the program, that the School Board itself should be contacted. Mr. Cheney stated that he ~ould send a letter to the Chairman of the School Board and ~sk for assistance. Commissioner weiner was fearful that if the School Board ~esponds negatively and the City does not commit, we are ~oing to be "out of the running" on funding from the hildren's Services Council. Commissioner Weiner moved to 9roceed with the letter to the School Board but also commit ~hese funds if the School Board won't help and if the ~hlldren's Services Council says yes. Vice Mayor Olenik ~econded the motion which carried 4-0. Further discussion ~ook place. 2. Teen Center Grant Proposal ~r. Cheney had heard and was trying to confirm, that the Vintage Restaurant property had been sold to a church. The ~ite is being renovated presently. This is where the Teen Center was supposed to go. The City will need to find another location if it still wants to proceed. Alternative Sites are under investigation. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA X. NEW BUSINESS JUNE 20, 1989 A. Items for discussion requested by Mayor Gene Moore 1. Building Department Reorganization Previously TABLED Commissioner Hester moved that this item be removed from the TABLE. Vice Mayor Olenik seconded the motion which carried 4-0. City Manager Cheney reported that in the reorganization pro- Posed to the Commission several meetings back, three divi- Sions were created in the Building Dept. Mr. Cheney would like to proceed with this plan. Two positions were lost as a result of the reorganization. Med Kopczynski has now become ~he Site Development Administrator. Commissioner Hester moved to approve the reorganization. Commissioner Weiner seconded the motion which carried 4-0. 2- Consider approval for funding for Congress Community Middle School Advanced Handbell Ringers Mr. Cheney remarked that the City has never prefunded programs of this kind. The Commission has over the years looked at requests like this on an ad hoc basis. Vice Mayor 0ienik suggested throughout this year, that starting in the subsequent budget year, we adopt some level of financial Support for school programs, and then attempt to allocate those funds to the various schools. Commissioner Hester remarked that at this time Congress Community Middle School is asking that the City sponsor one 0r two students on a trip to Russsia. They are trying to ~aise a total of $65,000 for the project. Mr. Cheney ~uggested that the City might give consideration to spon- soring one student. The cost would be $2,200 for one stu- dent. They won't make the trip, however, unless they are able to raise the entire $65,000. The Commission agreed to fund the $2,200 if they are able to ~aise the rest of the money. ~ommissioner. Weiner remarked that she would like to see an improved mechanism for granting requests of this nature. The present me~hod is somewhat clumsy in her opinion. Mayor Moore commented that he would like to make arrange- ments for Susan Pell, from the School Board, to speak with the Commission on what is being done towards having another 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 high school built in the area. The Commission would also like to discuss the future use of Poinciana Elementary School with her. Mr. Cheney remarked that he would speak to Ms. Pell. Consideration by the Commission to seek permission from DeBartolo for use of "Boynton Beach" Mall logo by the City Commissioner Weiner remarked that she was not sure that she Wanted to use the logo from a shopping mall. The Mayor was ooncerned with the amount of money it takes to design a logo. The idea of holding a contest for local artists to ~esign a logo was mentioned. Mr. Cheney referred to a mosaic ~ile mark-up of the existing logo which was contributed to %he city to be placed in the new City Hall. Mr. Cheney noted that he would put something together and make a recom- mendation. On a different topic, Mayor Moore stated that half of the 61d entry gates to Lake Boynton Estates still is located at the railroad crossing and Ocean Ave. He would like to check into whether it could be moved to perhaps the parking lot at City Hall. He feels it is a beautiful structure and is part of Boynton Beach's heritage. He also referred to several items that exist up in the old Boynton Hills area near the American Legion property. 4. Discuss setting date for Height Limitation Referendum The Commission agreed to TABLE this item. 5. Status of police/fire contract, 1988-89 fiscal year This item will be discussed at the Commission meeting on June 27, 1989. Code Enforcement case Kozen/Ridgeway Plumbin_~ Mayor Moore stated that he felt this topic was a horror ~tory and was an example of what is wrong with government. ge feels we're wasting a lot of time on minor things that ~ould be simplified. He referred to the fact that this meeting went on for many hours, taking up time of volunteers and staff. He stated that we're going after people for minor violations and yet the person responsible for the mess at Golf Rd. and Congress gets away with it. He felt felony charges should be brought against a person who leaves a mess like that. The individual is a sub-contractor for the County. He thought the County Manager and every member of the County Commission should personally be cited. The mess has been on the site for six months. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Mayor Moore stated that he understood that there was a law now that makes it a felony to pollute or dump materials on lots like this. Mr. Rea said the question would be whether or not the State Attorney's office would want to apply it. There's a fine line between whether that was actually dumped in violation of the law or whether it's left over construc- tion debris. Mr. Cheney stated that he had discussed this with the County Engineer and the County is concerned only with the right-of- Way. It is the contractor's obligation to take care of his needs for temporary storage and they've washed their hands Of the matter. Mr. Cheney stated when Seacrest was widened, the contractor had to find a place to put the spoil. He put it on our property. We had an agreement with him as a Property owner that he would clean it up. We had a bond to Clean it up. Apparently the private owner of this property did not protect himself. Mr. Cheney thought they both should be cited. Vice Mayor Olenik observed that in the list of payments ~onight was a payment to Weekley Bros., Inc. Mr. Cheney stated that this was a different corporation. It most likely is the same person but it is a different corporation. Mayor Moore thought we should make the person sue the City for the amount. The Mayor and Commissioner Weiner didn't think the County ~hould be let off so lightly. Discussion took place. Vice Mayor Olenik remarked that he would speak to several of the County Commissioners the next day on this. pine Preserve at Boynton Beach Mall On a different topic, Mayor Moore referred to the redrafting Qf the engineering plan relative to saving the pine preserve area at the Boynton Beach Mall. Mr. Cheney stated that this was a proposal that we didn't know anything about and QeBartolo has not come to the City yet with this idea. Mayor Moore thought the proposal looked good and wondered Why someone had not come up with the idea sooner. Mr. Annunziato stated that he had been in contact with DeBartolo Corp. through their attorney, and they were kind of surprised by the idea also. He had not heard anything back from them yet. Positions of City Engineer and Fire Marshal Mayor Moore asked how long it would be until the City gets a new City Engineer and a new Fire Marshal? Mr. Cheney stated that we are looking for an Engineer. The Fire Marshal responsibilities have been filled for a long time. We don't 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 have a Fire Marshal authorized. The Fire Inspection Division has been reorganized. There is a person who spends his entire time on plan review and new construction. Another Division takes care of fire prevention and fire inspection. Chief Allen goes along with this arrangement. Plaque for City Hall Discussion took place relative to the language that should appear on a plaque which is anticipated to be wall mounted at City Hall. ~ennar Homes Mayor Moore asked Mr. Cheney if any C.O.s had been issued in the emergency cases? Mr. Cheney remarked that four had been issued. The City was ready to issue seven but three of those buildings that the developer originally was pushing us 9n aren't ready for a permit based on the work that he has yet to complete. Mr. Cheney stated that the City was pleased with the progress. 8. Dick Webber Child Abuse Center This item was added to tonight's Agenda at Commissioner ~ester's request. Commissioner Hester remarked that some ~ime back the Commission had voted to provide office space for the Center. The Commission had been told that there would be some space available in the new City Hall. He has dow learned that there will not be space in City Hall. He suggested that the City try to find space for the Center because it was promised. Mr. Cheney said the City had never indicated the space would be in City Hall. Several ~ommissioners remembered that it had been discussed at a meeting when Mr. Cheney was out of town and when Mr. Hunt Was sitting in at the meeting. The City will continue it's ~fforts to find suitable office space for the Center hope- fully by August 1, 1989. XI. ADMINISTRATIVE A. Consider and adopt board appointment rotation (Previously TABLED) The Commission agreed that this item should remain TABLED. B. Board Appointments The Commission agreed that this item should remain TABLED. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 C. Consider policy relative to board alternate members moving to full member The Commission agreed that this item should remain TABLED. Draft administrative policy relative to building projects under $100,000 (Previously TABLED) Mayor Moore remarked that we are still awaiting input on this topic. Mr. Cheney commented that the meetings of the Planning and Zoning Board are proving very productive. E. Consider purchase of space in Florida League of Cities Annual Convention Booklet Mr. Cheney stated that we usually put a quarter page ad in ~he paper relative to this event. The Commission was agreeable to this. Consider approval of Auditors Mr. Paul Bremer, Managing Partner from Ernst & Whinney Stated that on the funds that were in existence last year ~here was a 4% increase. There were two new funds. On the work for the Auditor General which is required, there was no increase. ~ommissioner Hester moved that the Commission approve the auditors. Commissioner weiner seconded the motion which Carried 4-0. G. Correspondence to Gary Lehnertz This item was added to tonight's Agenda at Vice Mayor 01enik's request. He felt that the Commission should send a ~etter to Mr. Lehnertz to inform him that he is still on the Planning and Zoning Board. Mayor Moore remarked that he had instructed someone to do that the very next day. Mr. Cheney ~aid he would confirm that the letter was sent. Mayor Moore is still disturbed about the statements Mr. Lehnertz is making. He recently made a statement which ~ppeared in the paper, saying that if it chose to do so the Board could require that a builder bring in seven different sets of plans. This is exactly what the City has been trying to turn around. Mayor Moore remarked that this reflects an attitude and he still does not think Mr. Lehnertz is the person to be sitting on that Board. Commissioner Hester concurred and stated that he had read that Mr. Lehnertz had said it was political. He couldn't see anything political about it except for the way 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 Mr. Lehnertz tried to get people to support him. Commissioner Hester elaborated and stated that he hopes Mr. Lehnertz "controls himself" especially when it comes to decisions that affect the City. Relative to the newspaper article that the Mayor had referred to, Mr. Cheney noted that the reporter that covered ~hat meeting did not stay for the entire meeting. The material was not correct in relation to the total meeting. ~he reporter only got half of the story. Joint Use Agreement - Radio Tower This item was added to tonight's Agenda at Mr. Cheney's ~equest. The City Manager asked that the Commission concur ith the City entering into an agreement with the Sheriff's ept. to allow them to put an item on our tower which has een approved both by the City and Cellular One. The cost gould be the Sheriff Dept.'s responsibility. The facility ~hey wish to add is a communications system with a receiving antennae and a receiver. Vice Mayor Olenik moved that the ~ommission approve this arrangement. Commissioner Weiner ~econded the motion which carried 4-0. Changes at Sunshine Square This topic was added to the Agenda at Mr. Cheney's request. Mr. Cheney stated that what he wished to discuss ties in With the $100,000 subject. At Sunshine Plaza, they are going to put up a canopy around the entire plaza that looks ~ery much like Cross Creek. The estimated cost, including a ~ew sign, is $85,000. This is the kind of thing that we ~re going to approve, but it says something about the dimen- iions and impact that can take place on a project. In Mr. heney's opinion, this particular change will be an improve- ent but the problem will occur when changes are made that Will not look so good. This is a major change that will ~ake place that will cost less than $i00,000. XII. C~HER ~radewinds Mayor Moore reported that negotiations continue to move for- Ward. Hopefully, we'll come up with a final recommendation soon. Mrs. Wilda Searcy, 402 N.E. 13th Avenue, Boynton Beach ~ddressed the Commission. Mayor Moore apologized for missing Ms. Searcy during the Public Comment section of the meeting earlier. Ms. Searcy made comments relative to obtaining funds for the amphitheatre. She also asked when a 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1989 fishing pier could be built on the C-16 Canal? Mr. Cheney said there was no approved budget for a fishing pier. She wondered if assistance would be received through Community Development. Mr. Cheney stated that at various times the City has put in applications to Community Development, but the main one has been to acquire the property next to the F.E.C. railroad property on 13th in order to have some land for a park in that area. That would give us access to the Canal near the crossing but that project never included a fishing pier. There had been discussions that maybe some- ~ime in the future something might work out with the Water Management District in their recreation program but that has never been approved by the Commission either. Further discussion took place. ~DjoURNMENT Mayor Moore declared the meeting adjourn~d~,at/ 8:20 P.M. Commissione~ /~ Commissioner A~TEST: RDcording Secretary ~Three Tapes) 32 Commissioner AGENDA June 20, 1989 ABC RESEARCH Preliminary Testing for Wells tOE, 11E, 13E. Pay from Water/Sewer Rev. Fund---40!-332-5-499-O0 ACUTEC, INC. Construct and Furnish Control Panel for Lift Sra. Pay from Water/Sewer Rev. Fund---401-352-5-433-O0 ALLIED PRODUCTS COMPANY Partial Quicklime Deliveries for April. Pay from Water/Sewer Rev. Fund---401-332-5-365-O0 ALLIED PRODUCTS COMPANY Pebble Quicklime-Hi Calcium for Water Trmt Plant Pay from Water/Sewer Rev° Fund---401-332-5-365-O0 BOWER AMMONIA & CHEMICAL 6060 Lbs Bulk Anhydrous Ammonia. Pay from Water/Sewer Rev. Fund---401-332-5-365-O0 COMPUTER SYSTEMS & APPLICATIONS, iNC. Consulting & Programming Services - April, 1989. Pay from General Fund---001-181-5-470-tO COMPUTER SYSTEMS & APPLICATIONS, INC. Consulting & Programming Services - May, !989. Pay from General Fund---OOi-181-5-470-10 COOK CONSTRUCTION Estlmate $! - Eastern Yei!fie!d Modifications. Pay from Utility General Yund---403-000-O-690-10 $807. $ 3,549.00 3,400.00 6,487.29 7,628.59 1,092.73 2,166.27 9,250°47 62,!00.00 DAVIS WATER & WASTE INDUSTRIES, iNC. Scrubber Rentals for May 1989. Pay from Water/Sewer Rev. Fund---40Z-352-5-499-00 DEBRA TURF & INDUSTRIAL EQUIPMENT COMPANY i Cushman Turf Truckster for Parks Department. Pay from General Fund---O0!-722-5-64!-O0 4,500.00 8,258,00 CHARLES FERGUSON ELECTRIC, INC. Labor, Materials, and Equipment to Complete Electrical Hookup to two Trailers . Pay from Building improv. Fund---4,037.00 4,037.00 DANIEL N. GAREY 36,693.96 Payment $4 - Sara Sims Park Expansion Program. Pay from General Fund---O01-!42-5-640-00 JUN ~0 t989 APPROYAL 13. GREEN~ EISENBERG AND COHE~,~ Southern Entertainment v. Boynton Beach. Pay from General Fund---00!-i4!-5-46!-00 14. iBM T~zo 3197 CDO-!22 Key Color Terminals. Pay from General Fund---O01-!33-5-670-02 15o JOHN JOCREM CHEVROLET, iNCo 3/4 Ton Pick-up Truck for Management Services/Whse. Pay from Marehouse Fund---502-199-5-973-00 16. KARSTEN, MANUFACTURING COMPANY 4 Sets of 2-PWSW Irons/! Set of 3-PWSM irons. Go=z Course Pay from ~= Fund---411-000-0-420-!0 MARTIN ASSOCIATES OF S~ FLORIDA, iNC. 144 Quietwriter ~' * ~ P. ln~e~ Ribbons. Pay from General Fund---O01-O00-O-410-!O 18. NYNEX BuS.~,~oS CENTER 15 XL24E Proprinters. Pay from Various Departments~ PALM BEACH NE~SPAPEHS May Advertising in Palm Beach Post for Various Job Openings~ Pay from General Fund---O0t-t35-5-475-O0 20. PALM BEACH NEWSPAPERS Legal Ads for Hay, 1989. Pay from General Fund---O0!-122-5-475-O0 (474.39) Pay from General Fund---00i-122-5-470-13 (4,661.16) 21. PALM BEACH NE~SPAPERS ~f Ad in opo_ts Section 5/6 & ~/7, Venture Out Sect. Pay from Golf Course ~u~_e =z! ~2o ~ ~53 uO 22. POST BUCKLEY SCRUE & JERNIGAN Professional Services Rendered - 3mg Tank & Booster Station. Invoice $ (Phase IV) Pay from Utility General Fun~---~03-000-0-690-10 23. POST BUCKLEY SCHUH & JERNiGAN Professional Services Rendered - 3mg Tank & Booster Station~ invoice 9 (Phase iV) Pay from Utility General Fund---403-O00-690-!O PRO=~SS~O~A~ ADMINISTRATORS, INC. Hi-Tach -~ ~: ~ - ~e~ca= Services Reimbursement (John ~ryane~ Pay from General ~ ~. 00= =_= S =34 uu 25. PROFESSIONAL ADMINISTRATORS, INC. Co.~.pen_a~_o~ Reimbursement. Pay from Various Departments. dUN ~O 1989 APPROVAL 5,897.30 2,330°00 9,711.48 i,902.44 1,224.00 ~,~ 622.90 1,471.89 5,135.55 i,~7 56 4,8!7.85 4,498.93. 14~231~20 23,197°86 27~ 28. 29. 130. REGENCY DODGE Dodge Ramcharger for the Fire Department. Pay from Vehicle Service Fund---501-000-1-471-30 $ 14,196.00 SAFETY EQUIPMENT COMPANY Various Merchandise for the Fire Department. Pay from General Fund---00!-221-5-690-05 SOUTHEASTERN MUNICIPAL SUPPLY Sewer Apc Markers/Various Thread Saddles. Pay from Mater/Sewer Rev. Fund---401-351-5-430-06(!~208.00) Pay from Utility General Fund---403-333-5-650-01 (1,087.25) WALLACE-FORD 16 Rear Matting for '89 Ford/Crown Victoria for Existing Carpet) Pay from General Fund---00!-2i!-5-399-00 (Replacement WALLACE-FORD Three 3/4 Ton Pick-up Trucks for Sew. Coii. & Water Dist. Pay from Vehicle Service Fund---60!-!93-5-688-00 WEEKLEY BROS., INCo Balance Owed for P.O. 76412. ( Changes to Existing Medians ) Pay from Local Optzon Gas Fund---104-000-1-450-20 WEST CONSTRUCTION Final Payment on PoO. 77796 for New Restroom Pavilion at the Little League Park. Pay from Reserve.from Parks and Recreation---64i-O00-!-473-70 !i,000o00 2,295.25 2~060.64 37,457.97 5,274.50 4,426.00 MILLER & MEIER & ASSOCIATES, INC. 7,599.62 Architectural Services-Construction Document Portion of Fee, Nay 5~ - June 5, 1989. Pay from Building improv. Fund---304-194-5-640-05 .... 304-2!1-5-640-13 .... 304-221-5-640-07 134. MILLER & MEIER & ASSOCIATES, INC. 1t,250.00 Architectural Services April 26, - May 25, 1989 for Fire Station No. 3. Pay from Building Improv. Fund---304-223-5-640-!i !35. OSCAR VAGI & ASSOCIATES ARCHITECTS, iNC. 5,311.$3 Design Services for the N. District Park and the Roiling Green School Park. Pay from Public Service Tax Fund---301-722-5-463-00 Th~.%~is described have been approved and veri-~ied by the department heads Gradv ~. Swann~ Finance Director ' bills. J%% ~ i therefore recommend payment of these ~? ' / P~er r Betty Boroni, ~O '~ ~£t¥ Cle-rk FROM Alma Cook, Deputy Treasurer .... A-~roval of Bills dated 6-20-89 ~ATE:__6_-_2_2_m~9 Betty: The following were added to Agenda per City Manager's office: 1. Le~r Group Application %8 2. Seppala & Aho Application %27 3. Seppala & Aho Application %28 $100,887.30 $ 85,602°60 $85,452.30 PLEASE REPLY TO ~' }' REPLY ~' SIGNED ~ ~" © w~.r G~o.p, ~,,¢. ~.~ THIS COPY FOR PERSON ADDRESSED