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Minutes 02-21-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 21, 1995, AT 6:30 P. M. .PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B. Invocation - Rev. John Block - St. I~rk Catholic Church C. Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. Rev. Block of St. Mark Catholic Church offered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Bradley. D, Agenda Approval 1, Additions, Deletions, Corrections City Attorney Cherof added Item X.D.2 (Update on Jaeger Lawsuit). Vice Mayor Matson added Item II.AA (Talent Bank Forms) and Item IV.AA (Arbor Park). ' 2, Adoption Notion Commissioner Katz moved to approve the agenda as amended. Commissioner Aguila seconded the motion, which carried 5-0. II, AONINISTRATIVE AA, Talent Bank Forms Vice Mayor Matson stated that there are many openings on the City Boards; however, there are too few applicants. She suggested keeping Talent Bank Forms in the lobby of City Hall to make it easier for those who want to participate in their governmental process. Also, she felt it was moot to appoint someone to a Board if the term expires in April, 1995. A, Accept Resignation from Thomas Walsh, Regular Member, Planning and Development Board - 1- NINUTE$- CITY CONNI$SION NEETING BOYNTON BEACH, FLOR[DA FEBRUARY 21, 1995 Commissioner Katz moved to accept Mr. Walsh's resignation from the Planning and Development Board. Vice Hayor Matson seconded the motion, which carried 5-0. B. Appointments to be made Appointment Reg/ To Be Made Board Alt Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley II Bradley III Aguila Mayor Harmening I Katz III Aguila IV Matson Mayor Harmening I Katz II Bradley IV Matson Mayor Harmening I Katz II Bradley III Agulia IV Matson Hotlon Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Education Advisory Board Alt Board of Adjustment Reg Nuisance Abatement Board Reg Planning & Development Board Reg Civil Service Board Alt Education Advisory Board Reg Education Advisory Board Reg Planning & Development Alt Code Enforcement Board Reg Senior Advisory Board Alt Senior Advisory Board Reg Senior Advisory Board Reg Education Advisory Board Reg Education Advisory Board Reg Community Relations Board Alt Planning & Development Board Reg Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 6/95 TABLED Term expires 4/96 TABLED Term expires 4/95 Term expires 4/96 Commissioner Aguila moved to remove all tabled appointments from the table. Commissioner Katz seconded the motion, which carried 5-0. Commissioner Aguila appointed Debra Reitz as a regular member to the Education Advisory Board, without objections. Mayor Harmening appointed Chris Reitz as a regular member to the Planning and Development Board, without objections, subject to his resignation from the Community Redevelopment Advisory Board. With regard to the Education Advisory Board, Vice Mayor Matson pointed out that some terms expire in June and some expire in April. She wondered if this is an error. Commissioner Aguila retracted his appointment to the Education Advisory Board, since the term expires in April, 1995, and Mayor Pro Tem Bradley has one which expires in April, 1996. -2- NINUTES - CITY CONNXSSZON NEETZNG BOYNTON BEACH,, FLORIDA FEBRUARY 21, 1995 Mayor Pro Tem Bradley appointed Debra Reitz as a regular member to the Education Advisory Board, without objections. Mayor Pro Tem Bradley appointed Edgar Sackett as an alternate member of the Senior Advisory Board, without objections. Mayor Harmening moved him up to a regular member, without objections. Mayor Pro Tem Bradley. appointed Geraldine Graham as an alternate member to the Senior Advisory Board, without objections. Vice Mayor Matson appointed David Beasley as a regular member to the Planning and Development Board, without objections. Notion Commissioner Aguila moved to table the remaining appointments. Commissioner Katz seconded the motion, which carried 5-0. Change Order No, 2 to extend American Standard Constructlon'$ re- roofing contract for the Rolling Green Municipal Cor~)lex Administrative Building Pursuant to Recreation & Parks Memorandum No. 95-058, $10,845.00 has been budgeted for this item. This Change Order will extend the contract time by fif- teen days. Notion Commissioner Aguila moved to approve Change Order No. 2 to extend American Standard Construction's reroofing contract for the Rolling Green Municipal Complex Administrative Building. Mayor Pro Tem Bradley seconded the motion. City Manager Parker advised that since the original plat of this area is Rolling Green, the Old Waste Water Treatment Plant is being named the Rolling Green Municipal Complex. She asked the City Commission to let her know if they do not think this is suitable. While on the topic of roofs, Mayor Harmening stated that he did not want the acoustical put in Hester Center if the roof is leaking. The motion carried 5-0. III, CONSENT AGENDA A, Nlnute$ 1, Regular City Conel$$ton Neetlng Nlnute$ of February 7, 1995 No changes were made to these minutes. -3- HINUTE$ - CITY C0144I$$IOH #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Btds- Recommend Approval - All expenditures are approved In the 1994-95 Adopted Budget None. C. Resolutions Proposed Resolution No. R95-20 Re: Authorize execution of contract between the City of Boynton Beach and Woodlake Psychological Associates, P. A. to provide for psychological testing of Police Department employees City Attorney Cherof read Proposed Resolution No. R95-20 by title only. Commissioner Katz pulled this resolution from the Consent Agenda. Proposed Resolution Ho. R95-21 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of July 21, 1994, approving modification to Industrial Wastewater & Pretreatment Agreement City Attorney Cherof read Proposed Resolution No. R95-21 by title only. Proposed Resolution NO. R95-22 Re: Authorize execution of agreement between the City of Boynton Beach and the School District of Palm Beach County for Vocational Education Programs City Attorney Cherof read Proposed Resolution No. R95-22 by title only. Proposed Resolution No. R95-23 Re: Authorize execution of agreement between the City of Boynton Beach and the Lantana Police Department for the use of the City's Firing Range City Attorney Cherof read Proposed Resolution No. R95-23 by title only. D. Approval of Btlls A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner Aguila referred to bill number 14 regarding storage tank construc- tion. He noticed that the City paid 60 percent of the bill and asked if 60 per- cent of the work has been done. City Manager Parker advised that 60 percent of the work has been accomplished. The bowl is almost completed. She stated that Crom Corporation did the engi- neering and construction. It has been in business for over 40 years and is a very substantial firm. -4- MZNUTES - CITY CONM]SS]ON MEETING BOYNTON BEACH, FLOR]DA FEBRUARY 21, 1995 Commissioner Aguila recommended monitoring the next 40 percent very carefully. City Manager Parker advised that the City is doing some independent concrete stress testing and will continue to do so before putting the water in the tank. E. Payment of Bills - Oanuary, 1995 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Approve purchase of replacement cargo van (State Contract) Maroone Chevrolet in the amount of $15,158.00 for the Parks Department Per Requisition 71252, this was approved in the 1993/94 budget and is a replace- ment for #550. G, Approve purchase of replacement Athletic Field Conditioner (piggyback City of Clearwater) from Golf Ventures, in the amount of $7,400,00, for the Parks Department Per Requisition 71253, this was approved in the 1993/94 budget. Budget Transfer to provide funding for various capital improvement projects The justification of this transfer is to provide funding for the various proj- ects listed on the February 15, 1995 Budget Transfer Request. Renewal of Annual supply of manhole adjustment rings bid for an addi- tional year from Roblyn Manufacturing of Ash Grove,. Missouri Pursuant to Utilities Memorandum #95-017, staff recommended the renewal of the contract with Roblyn Manufacturing for Annual Supply of Manhole Adjustment Rings. ROblyn Manufacturing has performed under their contract in a satisfac- tory manner throughout the year. Motion Vice Mayor Matson moved to approve the Consent Agenda, with the exception of Item C.1 {Proposed Resolution No. R95-20). Commissioner Katz seconded the motion, which carried 5-0. Proposed Resolution No, R95-20 Re: Authorize execution of contract between the City of Boynton Beach and Woodlake Psychological Associates, P. A. to provide for psychological testing of Police Department employees In response to Commissioner Katz, Police Chief Thomas Dettman advised that Woodlake Psychological Associates established their practice in 1987. The Palm -5- MINUTES - CITY CONHISSION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Beach County Sheriff's Office has utilized them since 1988. The Palm Beach County School Police, Lake Clarke Shores, Hangonia Park, Palm Beach Shores and Lake North also utilize them. The DEA also utilizes them as their Employee Assistance Counselors. The Palm Beach Police Academy considers them an accept- able provider for their upcoming assessment center. Chief Dettman said he did not receive any negative comments regarding the services they provide. Commissioner Katz inquired about the response time in the event of an emergency. Chief Dettman advised that they will respond to a local crisis situation within 30 minutes. In addition, they have a 24 hour message service, The Watch Commander (the highest ranking officer on duty) will determine if they should be called. Commissioner Katz asked if an officer can call the psychologist directly without going through the Police Department. Chief Dettman advised that a call should be cleared through the Department. However, the employees are aware that they can call the Employee Assistance Program anytime. If they call the psycholo- gist, it would cost at least $100.00 per hour. Commissioner Katz referred to paragraphs 5 and 6 on page 2 of the agreement and asked if it would in any way infringe upon doctor/patient privileged informa- tion. City Attorney Cherof advised that doctor/patient privileged information would still be preserved. Vice Mayor Matson asked about the projected costs and where the money will come from. City Manager Parker explained every year the Police Department estimates the number of vacancies and money is budgeted for them. Vice Mayor Matson pointed out that some police officers were hired but, for various reasons, they did not work out. She asked whether this psychologist evaluated those who did not work out. Chief Dettman advised that a previous practitioner evaluated those officers. City Manager Parker added that this is a new contract. Notion Commissioner Katz moved to approve Proposed Resolution No. R95-20. Commissioner Aguila seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS AND PRESENTATIONS AA. Arbor Park Vice Mayor Matson stated that since 1991, she has had the opportunity to serve with Mayor Harmening, two years as a Commissioner and two years as Mayor. She has always deferred to him on bond issues and utilities issues. She stated that he is one of the smartest men she knows. She pointed out that he was instrumen- tal in bringing Motorola to the City, and he previously served the City for over eight years. She proposed renaming Arbor Park after Mayor Harmening. She would -6- MINUTES - CITY CONNISSXON MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 like a resolution and a framed Proclamation to be presented to him at the next City Commission meeting. Motion Vice Mayor Matson moved to rename Arbor Park and call it Edward F. Harmening Arbor Park. Commissioner Katz seconded the motion, which carried 5-0. Announcements 1. General Election - March 14, 1995 Mayor Harmening announced that the General Election will be held on March 14, 1995, 2. Executive Session to discuss Police Pension Lawsuit at Public Hearing portion of meeting Mayor Harmening announced that there will be an Executive Session during the public hearing portion of this meeting, at which time the City Commission will leave the Chambers to discuss the Police Pension lawsuit. However, the meeting will reconvene shortly thereafter. B. Presentations 1. Proclamation - Amerlcan Red Cross Month - March, 1995 Mayor Harmening read a Proclamation declaring March, 1995 as Red Cross Month. 2. Proclamation - Women,s Hlstory Nonth - March, 1995 Mayor Harmening read a Proclamation declaring March, 1995 as Women's History Month. 3. Certificate of Achievement for Excellence In Financial Reporting City Manager Parker asked Diane Reese, the Deputy Finance Director, to join her at the podium. She advised that the Finance Director is ill and, therefore, not able to attend this meeting. She presented Ms. Reese with a Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending September 30, 1993. This is the fifteenth consecutive year that the City has received this award. City Manager Parker stated that the City of Boynton Beach is one of only 163 municipal and local governments in the State of Florida to receive this award. She thanked Ms. Reese and her staff for their fine work. 4, Review of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 1994 by Paul Bremer, Ernst & Young City Manager Parker stated that the City Commission will have until the March 7, 1995 City Commission meeting to review the Comprehensive Annual Financial Report. Mr. Bremer will attend that meeting to answer any questions. -7- MINUTES - C]'TY COMHIS$ION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Mr. Bremer gave a brief overview of the audit. He advised that this report wi11 be presented to the Government Finance Office Association for the Certificate of Achievement. He be]laved the Citywi]l win it again next year. Ernst & Young have a]so issued reports on the internal contro] and comp]iance with ]aws and regu]ations. There were no qua]ifications or exceptions. He encouraged the Commission to read the transmitta] letter and the introductory section which is an overview of what happened during the year ending September 30, 1993. He a]so encouraged them to read the management letter in the back of the Comprehensive Annua] Financial Report, which contains Ernst & Young's comments re]ative to operations. Motion Commissioner Aguila moved to receive and file the 1993/94 Comprehensive Annual Financial Report. Vice Mayor Matson seconded the motion, which carried 5-0. V, BZD$ Award of bid to gest Construction for Eze11Hester Park Acoustical Retrofit Bid in the amount of $54,030.00 and authorize execution of contract (Proposed Resolution No. R95-24) City Attorney Cherof read Proposed Resolution No. R95-24 by title only. Motion Commissioner Aguila moved to award the contract based on staff's recommendation. Vice Mayor Matson seconded the motion. For the record, Commissioner Aguila advised that City Manager Parker said staff will hold back the final 10 percent on West Construction pending the receipt and acceptance of the independent testing lab on the reverberation test. Vice Mayor Matson accredited the $30,000.00 County funding grant to County Commissioner Maude Ford Lee. City Manager Parker was not sure if that was on their agenda today, or if it will be on their agenda next week. She will hold the contract pending final approval of that. She advised that Commissioner Lee recommended that $130,000.00 be allotted for the City, $30,000.00 to be used for the acoustical portion at Hester Center, and $100,000.00 to be used for Mangrove Park. Therefore, the City is now fully funded for Mangrove Park. The motion carried 5-0. Award of bid to ~ohn C. Cassldy, Znc. for HVAC Modifications for City Hall, in the amount of $861,703.00, and authorize execution of contract (Proposed Resolution No. R95-25) -8- MINUTES - CITY CONNISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Notion Commissioner Aguila moved to approve staff's recommendation to award the bid to 0ohn C. Cassidy, Inc. for the HVAC modifications for City Hall, in the amount of $861,703,00. Mayor Pro Tem Bradley seconded the motion. The original estimate was a little over $500,000.00. City Manager Parker recom- mended taking the additional funding for this from the Capital Improvement Fund. She advised that some items were moved from Phase 2 into Phase 1. The bid for Phase 2 for the replacement of the carpet, etc., went out today. The motion carried 5-0. City Attorney Cherof read Proposed Resolution No. R95-25 by title only. Norton Commissioner Aguila moved to approve Proposed Resolution No. R95-25. Vice Mayor Matson seconded the motion, which carried 5-0. VI, PUBLIC HEARING A, Executive Sesslon to discuss Police Pension Lawsult The City Commission recessed for Executive Session at 7:07 P. M. The.meeting reconvened at 7:25 P. M. Item X.D.1 was moved up on the agenda and discussed next. X, LEGAL D, Other 1, Code Enforcement lien reduction for George Sands (Palm GR Associates) City Manager Parker advised that the Code Enforcement Board recommended rescinding the fine to $1,000.00 plus administrative costs of $826.18. Mayor Harmening felt this was more than reasonable. John Bills represented George Sands. He requested that the Commission rescind the $1,000.00 fine entirely. He advised that Mr. Sands is 70 years old. Notion Commissioner Aguila moved to approve the Code Enforcement Board's recommendation of $1,826.18. Commissioner Katz seconded the motion, which carried 5-0. -9- #INUTE$ - CITY COl4NI$$ION NEET]'NG BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 VII. PUBLIC AUDIENCE Nareth& Nadeu$, 418 N. W. 4th Avenue, stated that she has a lot of confidence in City Nanager Parker and admires her. She told City Hanager Parker that the Black community is concerned that the City is trying to get rid of Tommy Williams, a City employee who works at Hester Park. She stated that Hr. Williams received five days suspension without pay because other employees have complained about his attitude and about him using curse words. Ms. Madeus pointed out that Mr. Williams has worked diligently for the City for over 30 years. She said he has straightened out Hester Park, and none of the parents want to send their children there unless Mr. Williams is there. Ms. Madeus stated that the Black community has to be firm with some children. She said that as a school teacher, sometimes she has to use certain words to straighten her students out. She stated that it makes the Black community look bad when they are graded by a White standard. She wanted the City to realize that Mr. Williams is in a position where he has to be tough. She pointed out that getting angry is not a violation of the Civil Service Rules. Mayor Harmening agreed with everything Ms. Madeus said about Mr. Williams. City Manager Parker stated that she received a request for disciplinary action from Mr. Williams' supervisor this morning. She said the normal procedure will be followed. This matter will be investigated and all parties involved will be interviewed before any action is taken relative to the request for disciplinary action. When a decision is made, Mr. Williams has the ability to file a grievance if he does not agree with the decision. Therefore, at this point, Ms. Madeus' comments are premature. City Manager Parker pointed out that this is not the correct forum for this matter. It is an administrative, disciplinary situation that is handled by staff, not the City Commission or the Civil Service Board. Nel Sternback, a resident of Citrus Glen, was appalled by the City Commission's lack of responsibility to the citizens of the community. He said the City has placed a burden on the citizens of Citrus Glen and surrounding communities by allowing building developments to go up without first finding out the impact they would have on the citizens. He stated that the present road system will not be able to handle the increased traffic flow. The roads will be commonly used by Citrus Cove Elementary School and the people in the new development. He stated that the community's privacy and security have been invaded. He also expressed concern about the property values in the community. Eddie #ttchell, spoke on behalf of the Advisory Council on African American Affairs for Greater Boynton Beach, which he chairs. He stated that at the February 7, 1995 City Commission meeting, one of the Commissioners suggested putting a time limit on finding minority police officers. Mr. Mitchell stated that the Advisory Council on African American Affairs opposes this suggestion. He reminded the Commission that $10,000.00 of the taxpayers' money..~s spent in 1992 to hire Patrick V. Murphy and Dr. Lewis A. Mayo to investigate the Police - 10- #INUTE$ - CITY C01~4I$$ION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Department and come up with solutions to iron out the differences among the citizens and the Police Department. He also reminded the Commission that Murphy and Mayo's report states that if the City does not follow through in trying to hire minority police officers, the City would be opening itself up to a Federal lawsuit. He stated that the Commission is'a policy making organization, and it is the City Manager's responsiblity to carry out the policies every day. He commended City Manager Parker for the great job she is doing. Oonathan I)work, a resident of Citrus Glen, stated that this is his third major time before the City Commission regarding the Same issue. He asked how a deal can be struck between a builder and the City that leaves its citizenry out in the cold. He stated that Miner Road connects EMS and fire services to his house. However, they cannot get to his house in the time period recommended by all the EMS services across the country. Yet, Miner Road is still not sched- uled for completion. The responsibility of completing Miner Road has been shirked from the builder to the City to the County. Citrus Cove Elementary School has the same problem with EMS services. It is currently at double the capacity it was designed for. One thousand four hundred students attend that school. There is only a two lane road in the community. One accident can close that road down, leaving no access. Despite all of this, the City Commission is contemplating allowing another PUD on that block. Commissioner Katz inquired about the status of Miner Road. City Manager Parker stated that the County Commission approved an interlocal agreement with the City on January 10, 1995. The City Commission approved the first payment to Malavasi and Rossi, who are about halfway finished with the design work. When finished, the design will be turned over to the County, who is going to bid and construct Miner Road. She estimated that construction will commence in six to eight months. 'Edward Ca$clato, a resident of Citrus Glen, stated that when he bought into this community, he thought there were going to be roads and lakes to separate his community from other developments. Now there are going to be two-story homes next to his community, looking directly into his bedroom and bathrooms. He found out that there is not going to be a road or buffer. The only access to the development next door is through the school road. Mr. Casciato said he bought into his community for security. However, his security is being breached. He expressed concern about the impact on traffic, felt the need for another access, and felt that Miner Road needs to be completed before anything else is built on that road. Bob Howell felt the City should have made sure there was at least a four lane road, even if Miner Road was completed, before it allowed all those houses to be built. He expressed concern about the children in Citrus Cove Elementary School being hurt or killed. He felt the City bears some of the responsibility for those children. He felt this is a dangerous situation which shOuld be addressed immediately. Greg Blancher, 160 Orange Drive, believed in equal protection under the law for all citizens. He felt there are going to be horrendous traffic problems on - 11 - r NINUTES - CITY COI4HISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 He again assured them that this incident will be investigated and the City will continue to train their police officers. Veronica )lackey, 180 N. E. 19th Avenue, spoke about the incident that occurred at the Bay Club on Saturday night. She said Daemon Hawkins, who is White, and Wesley Mackey, who is Black, were charged with resisting arrest and assault and battery on a police officer. However, Daemon Hawkins was charged with a mis- demeanor and Wesley Mackey was charged with a felony. She wanted to know why one was charged with a misdemeanor and one with a felony. City Manager Parker advised that this will be investigated. Gloria Thompson of Lantana also spoke of the incident that occurred at the Bay Club. She stated that some of the children were concerned about Wesley Mackay and went to the Police Department to see what was wrong. When they arrived, they were arrested. However, the police report indicates that they were arrested at the Bay Club. Martin ~ohnson, 126 Executive Circle, agreed that Miner Road is a County road. However, he felt the City is responsible because it is allowing development, knowing what is going to happen. MAYOR HARMENING DECLARED A RECESS AT 8:19 P. M. THE MEETING RESUMED AT 8:31 P. M. VIII, DEVELOPNENT PLANS A, Consent Agenda - Unanimously approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: The Vtnlngs at Boynton Beach - Phase I CCL Consultants, Inc. TRC South Florida Apartments, Inc. East side of S. W. 8th Street, approximately 1,400 feet north of Woolbright Road Request for approval of the construction plans and preliminary/final plat for construction of infrastructure, landscaping and private recreation to serve 252 rental apartments in connection with a previously approved planned unit development. Mayor Harmening asked why the plat for the Vinings is not fully in order at this time. William Hukill, the Director of Development, stated that apparently some of the easements for the future utility lines on the site may be in the wrong place. This has to be reviewed before the plat is signed and recorded. He suggested approving it subject to the corrections being made with those easements. He and the Mayor will not sign it until the correction is made. - 13 - 14ZNUTE$ - C~TY COMMISSION NEET~NG BOYNTON BEACH, FLORZDA FEBRUARY 21, 1995 Notlon Commissioner Aguila moved to approve the request for approval of the construc- tion plans and preliminary/final plat for construction of infrastructure, landscaping and private recreation, per staff comments, of the Vinings at Boynton Beach - PhaSe 1, subject to the resolution of the possible discrepancy on the easement. Vice Mayor Matson seconded the motion, which carried 5-0. Proposed Resolution No. R95-31 Re: Final Plat approval for the Vinings PUD City Attorney Cherof read Proposed Resolution No. R95-31 by title only. Notlon Vice Mayor Matson moved to approve Proposed Resolution No. R95-31. Commissioner Aguila seconded the motion, which carried 5-0. Proposed Resolution No. R95-28 Re: Abandonment of a 12 foot wide utility easement running approximately 200 feet east of and along S. W. 8th Street - Woolbright Place PUD City Attorney Cherof read Proposed Resolution No. R95-28 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R95-28. Commissioner Aguila seconded the motion, which carried 5-0. B, Non-Consent Agenda - Not unanimously approved by the Plannlng and Development Board Project Name: Owner: Location: Description: Whlpow111 Arms Burton Metsch Between FEC Railroad and S. E. 4th Street, approximately 100 feet north of S. E. 5th Avenue Site Plans: Request for site plan approval to construct a 20,738 square foot, 2 story, 39 motel apartment complex with associated parking and landscaping. Ms. Heyden advised that this is a request to raze two single-family homes and construct a thirty-nine unit motel apartment complex comprised of two buildings in their place. Per our definition of motel apartments, no more than twelve of them will have kitchens. The property is located on the west side of S. E. 4th Street, approximately 100 feet north of S. E. 5th Avenue. There is one two-way driveway off of S. E. 4th Street to provide access to the property. The site is located in the Coastal - 14 - 14INUTES - CITY COIetI$$IOH #EETING BOYHTOH BEACH, FLORIDA FEBRUARY 21, 1995 Village Design District. The building elevations do not comply with that district, and no appeal has been filed. The results of the County's review of the traffic study have not yet been received. The study was recently submitted to them, and they are allowed thirty days to review it. The Planning and Development Board recommended approval, subject to all staff comments. They also recommended that the dumpster enclosure be Widened to accommodate a recycling container. Mayor Harmening asked if Utilities has determined whether or not the mains in the area servicing that street are adequate for fire flow. Pete Mazzella, the Deputy Utilities Director, advised that the test data has not yet been received. He said there may have to be some upsizing off site to bring a commercial rating fire flow to the site. In response to Commissioner Aguila, he said the Fire Department is certified to test them. Mayor Harmening stated that before this is approved, there should be adequate fire flows. Commissioner Aguila.agreed. Mayor Pro Tem Bradley referred to paragraph number 8 of Planning and Zoning Memorandum No. 95-036 and asked what the Code says about requiring foundation landscaping. Ms. Heyden advised that the Code is vague and merely states that foundation landscaping required. She advised that staff works with the appli- cants to determine what would be suitable. Mayor Pro Tem Bradley felt it was important to have foundation landscaping. Commissioner Aguila referred to the privacy wall section. He felt the ten by sixteen inch foundation will not hold up a six foot high wall. He stated that the wall will fall over with the slightest gust of wind. He liked Mr. Hukill's recommendation to increase the curbing from 1.75 feet to 3.75 feet, but he was adamantly opposed to using gravel or stone in lieu of sod. He stated that gravel or stone becomes unslightly over time. Commissioner Aguila felt the landscaping is minimal and that the applicant could make this a more attractive site with more landscaping. He would also like to see dumpster gates. Commissioner Katz stated that this project is too close to an area that the City wants to redevelop. He felt this use would encourage transients, not permanent residents. He felt the use was too intense for this area. He would like to see private homes built on this property. Commissioner Aguila felt the elevation is plain and is not an asset to the com- munity, but he was not sure if the City can do anything about it. City Manager Parker pointed out that this project does not meet the Coastal Village Design standards, and that the Commission has the power to enforce the rules in effect at the time that the application is filed. - 15- #IHUTE$ - CITY COHNISSIOH #EETIHG BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Ms. Heyden stated that suggestions could be made regarding the design of the exterior of the building. However, the use is permitted by the zoning code. Mayor Pro Tem Bradley suggested requiring that the landscaping be increased. Ms. Heyden suggested it be increased along 4th Street where there are just four trees and a row of hedges. Commissioner Katz felt the applicant should conform to the Coastal Village Design Plan and that the greenery should be maximized. Mayor Harmening suggested turning this down for lack of adequate landscaping, or approving it subject to all staff comments and to the furnishing of an adequate landscape plan by a landscape architect and approved by the Planning Director. Commissioner Aguila would like a considerable amount of foundation planting on all four sides of each building, where possible. He would like 4th Street to be enhanced considerably. He would also like the dumspter area widened and gated and the parking stalls decreased to allow for two additional feet of landscape material, as opposed to rock or stone. Commissioner Katz will not support this project unless it conforms to the Community Design Plan and the landscaping requirements under the Code. Mr. Metsch agreed to the changes to the dumpster area and landscaping. He said there will be adequate water pressure and fire protection. He asked that the project be approved, subject to these things being done prior to the permit being issued. He asked that this project be approved at this time so that he can seek financing. He said he cannot go to a lending institution because he does not have site plan approval. He was willing to abide with all the restric- tions that the City places on him. He pointed out that the only thing he has to do to meet the requirements of the Coastal Village Design District is change the facade of the buildings. However, he heard there was a possibility that the Coastal Village Design District was going to be eliminated. Therefore, he used stucco. He was willing to adhere to the Coastal Village Design District stan- dards if they are in existence at the time he goes for a permit. Commissioner Aguila would not be opposed to approving this project subject to the understanding that when Mr. Metsch comes back to the City, he is going to have to go back through a process that is in effect at that time, and he has to comply with whatever rules and regulations are in effect at that time. He added that the landscaping has to be greatly improved. Mr. Metsch advised that this property backs up to the railroad. Notion Commissioner Aguila moved to approve the Whipowill Arms project, subject to all staff comments and recommendations, excluding recommendation number 2 of - 16- 14INUTE$ - CITY CO#MISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Engineering Memorandum No. 95-023, with the provision that the property owner will greatly enhance the landscaping, and should the Community Design Plan not change, that he abide by the Coastal Village theme that is in effect at the time the permit is applied for, and that he widen the dumpster and provide gates. Commissioner Katz seconded the motion. Commissioner Aguila clarified that with regard to recommendation number 2 of Engineering Memorandum No. 94-023, he wanted to see sod or other ground cover material. With respect to the condition regarding the landscaping, he specified that he wanted foundation planting around the perimeter of all buildings, whether they are visible from the right-of-way or not, and greater attention to the 4th Street property line with the provisions of tree groupings hedging ground cover, and sod. ' ' City Attorney Cherof asked him if it was his intent that meeting that criteria is a condition that must be met before the permits for the project are approved. Commissioner Aguila said, "Absolutely." In response to City Attorney Cherof, Mr. Metsch indicated that he understood and acknowledged this. Commissioner Aguila added that this needs to be presented to the Planning Director for evalu- ation. The motion carried 5-0. 0 Project Name: Agent: Owner: Location: Description: Brl$$on #edlcal Office Building Thomas J. Twomey, P. E. Dale Brisson Southwest corner of S. E. 23rd Avenue {Golf Road} and S. E. 2nd Street Major Site Plan Modification: Request for site plan approval to convert an existing, unoccupied bar/restaurant to a medical office building and upgrade building and site improvements. Mayor Harmening commented that this is the best project that has come before this City in a long time. Ms. Heyden stated that this is a major site plan modification request to convert the Chuckwagon restaurant into a medical office building. Since this is a change of occupancy, the existing site, parking lot, landscaping, etc., must be upgraded. The applicant also has to comply with the Community Design Plan. This property is located in an area that allows either Spanish/Mediterranean or Modern. The applicant has chosen the Modern design. Ms. Heyden advised that the owner will appear before the Board of Adjustment to request a reduction in the number of parking spaces and to request that the buffer wall be eliminated. The Planning and Development Board unanimously recommended approval of this project, subject to all staff comments. They also recommended that a one-way, - 17 - 14INUTE$ - CITY C0144I$$ION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 twelve foot egress be added, provided that no parking spaces or landscaping is deleted. They recommended this because in the southernmost portion of the parking tot, in order to exit the corner parking space, you would have to back out all the way up to the only entrance to the parking lot. Commissioner Aguila stated that a person could back out toward the northwest and do a T-turn around. Ms. Heyden pointed out that when the parking lot is full, it could be tough getting out of there if there is only one driveway. Commissioner Katz would like to see any signage on 23rd Avenue eliminated. Ms. Heyden advised that they are permitted one freestanding sign. Commissioner Katz would like to negotiate and eliminate that sign. Commissioner Katz felt a buffer wall would be an easel for graffiti artists. He pointed out that the area is subject to graffiti. He would like the applicant to provide thick foliage instead of a buffer wall. Commissioner Aguila noticed that the landscape plan shows three trees and a hedge at the property line. He distributed a sketch he drew and proposed putting a dumpster where the Planning and Development Board recommended a second drive. He said there is room for a ten by twelve dumpster with gates. He also recommended putting the hedge material along the property line up to the building on the north side of the drive. At that point, he wanted foundation planting along the building. He would like the hedge material against the building instead of at the north property line. He wanted tree clusters in front to make the north elevation look like the elevation that was submitted. He felt a sidewalk should be provided along the north property line and curve around on the east property line, up to the driveway. He wanted the walkway to connect from the front entrance on S. E. 23rd Avenue to the street. He had no objection to a low sign. Ms. Heyden stated that Public Works is going to have a problem with the dumpster because they are going to have to back out. She was sure this was the reason for can pickup instead of dumpster pickup. She stated that because there is only one driveway, the truck cannot circulate through the parking lot. Commissioner Aguila did not feel the dumpster creates a problem. He stated that there is a lot of asphalt in the parking lot and the trucks pick up early in the morning when there isn't much traffic. Commissioner Katz agreed. Commissioner Aguila did not want to see parking on S. E. 23rd Avenue. Tom Twomey, the Project Engineer, stated that he originally had the dumpster in the location that Commissioner Aguila suggested. However, Public Works said they would rather have can pickup. He said it is a relatively small building and can pickup would suffice. Commissioner Aguila pointed out that depending on the use, more garbage may be generated than anticipated. He felt the dumpster is an important element to a commercial building. He would like to see a dumpster. - 18 - NINUTE$ - CITY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA Dale Brisson, the owner of the property, asked if a dumpster pad requires any additional drainage. Commissioner Aguila advised that it does not, unless there is a can wash there. Mr. Brisson reiterated that people will not be using the sidewalk. He can see taking the sidewalk around the radius and stopping it there. Nobody will be using the sidewalk all the way to the driveway. He felt that would be a wasted expense. CommiSsioner Aguila said he did that because there is a possibility that people will walk to the office and come through the back entrance. Mr. Brisson asked if the City will help subsidize the start of a sidewalk. Commissioner Aguila advised him that he would have to ask the City Manager about that. Mayor Pro Tem Bradley would like to see a low sign, if done tastefully. He pointed out that the establishments along S. E. 23rd Avenue have signs. He felt it is a good way to promote the businesses that will be there. In addition, the elderly need landmarks to know where they are going. Motion Commissioner Aguila moved to approve the Brisson Medical Office Building on the southwest corner of S. E. 23rd Avenue and S. E. 2nd Street, subject to the following: ® e The recommendation of a 12' wide egress to 2nd Street not be pursued. In lieu of that, a dumpster with enclosure and appropriate gates will be pro- vided in the area on the sketch discussed this evening. The planting that is currently indicated around the property line on the north and east elevations will be relocated to the base of the building and be used as foundation planting around all sides of the building. The concrete walk will be extended from the property line on the northwest property line along S. E. 23rd Avenue and continue around to the entry drive to the parking. e The general landscaping of the S. E. 23rd Avenue elevation will be more reflective of the elevation rendering submitted as part of the package. 5. Other staff comments and recommendations. Mayor Pro Tem Bradley seconded the motion. Mr. Brisson said on the west side of the building there is not a lot of room for landscaping. Commissioner Aguila agreed that when you get to that tight end of the building, it is a waste of time. - 19- NINUTES - CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Hr. Brisson agreed to all the comments. The motion carried 5-0. Project Name: Agent: Owner: Location: Description: Brlsson Nedtcal Office Building Thomas J. Twomey, P. E. Dale Brisson Southwest corner of S. E. 23rd Avenue {Golf Road) and S. E. 2nd Street Landscape Appeal: Request for approval of an appeal to Section 7.5-35{d) of the landscape code regarding the width of the landscape strip along adjacent rights-of way. Notion Commissioner Aguila moved to approve the landscape appeal to Section 7.5-35(d) of the landscape code regarding the width of the landscape strip along adjacent rights-of-way, subject to his previous comments. Vice Mayor Matson seconded the motion, which carried 5-0. C, Other None. IX, NEW BUSINESS A, Consider request from IRS Racing Club to hold a bicycle race called · Notorola Quantum Crtterium" on April 9, 1995 City Manager Parker advised that staff does not have any problems with this request. Cliff Anderson of the IRS Racing Club, advised that this is a different race from the Biathlon that was held last year. This race has previously been held at the Community College in Lake Worth. Notion Commissioner Katz moved to approve this request, subject to all staff comments. Commissioner Aguila seconded the motion. Mr. Anderson advised that the date of the race has been changed from April 9, 1995 to April 30, 1995. The motion carried 5-0. - 20 - MINUTES - CITY COI~IISSION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 B. ConsideratiOn of zonlng code change to allow dental laboratories as a pemltted use In co,mercia1 districts Notlon Vice Mayor Matson moved to approve. Commissioner Katz seconded the motion. Mayor Harmening felt there needs to be some kind of upper limit set on this, such as square footage. Otherwise, we could have a huge dental laboratory someplace where we do not wantlone. Commissioner Aguila suggested making it a conditional use. Amended Notion Vice Mayor Matson amended her motion to approve this as a conditional use. Commissioner Katz seconded the motion, which carried 5-0. C. Authorization of trl!p to Springfield, Missouri to view Bass Pro Inc. Commissioner Aguila felt it would be an asset to Boynton and Quantum if Bass Pro Inc. comes here, He hopes this trip will help precipitate that. Notion * Commissioner Aguila moved to au!thorize City Manager Parker, Vice Mayor Matson, and Tambri Heyden to go to Springfield, Missouri to view Bass Pro Inc. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. X. LEGAL A. Ordinances - 2nd Reading - Publlc Hearing Proposed OrdinanCe No. 095-01 Re: Amend Chapter 18, Article II, Section 18-118 tO permit fully vested general employees who ter- minate service after age 52 and who have also rendered 25 years of service to reCeive actuarially reduced immediate benefits City Attorney Cherof read Proposed Ordinance No. 095-01 by title only. No one wished to speak in favor:of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Notion Commissioner Katz moved to approve Proposed Ordinance No. 095-01 on second and final reading. Commissioner AgUila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse.' The motion carried 5-0. *This trip was at the expense of Bass Pro Inc. - 21 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 B. Ordinances - 1st Re&dtng 1. Proposed Ordinance No. 095-02 Re: Land Development Regulations City Attorney Cherof read PropOsed Ordinance No. 095-02 by title only. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 095-02 on first reading. Commissioner Aguila seconded the motion. Vice Mayor Matson reiterated that she was very impressed with this body of work. It is easy reading and anybody can understand it. Mayor Harmening stated that this is a comprehensive change to the City's devel- opment, but there has been very little public input. Commissioner Aguila pointed out that Mr. Hukill has not changed the Land Development Regulations much. Ninety percent of what is in this package currently is in the Code book. Mr. Hukill merely reorganized it and made it user friendly. He felt Mr. Hukill did a great job and that it is going to be much easier for staff and the public to use. He felt it may even be more enforceable because some of the duplicity and contradictions have been cleaned out. He felt this may make our position stronger to defend should we have to defend it. Vice Mayor Matson added that Mr. Hukill eliminated a lot of the redundancy. City Manager Parker pointed out that about four weeks ago, the draft of the pro- posed Land Development Regulations was mailed to developers in the area and other people who deal with the City on a regular basis with the Land Development Regulations. It was also sent to the members of the Planning and Development Board and the Board of Adjustment for their comments. Vice Mayor Matson pointed out that this will be back for second reading for public hearing. City Manager Parker advised that the main part that was changed was the platting. Mr. Hukill referred to the Citrus Glen people complaining this evening that construction was started without permits. He pointed out that the project is permitted. However, the Code has allowed excavation, fill, clearing and grubbing to occur on sites prior to any other approval process. It is not unu- sual for someone to want to prepare a site for sale or for another reason. If the Commission does not want the Code to allow that, now would be a good time to change it. Commissioner Aguila felt this should be decided at a future meeting. Mr. Hukill explained the next two parts of the Land Development Regulations that will be b~ought to the City Commission for their consideration in the future. One of them is an insertion of a replacement chapter as Chapter 9. The other one is extracting a portion of the Building and Housing Code, which used to be Chapter 5, and setting it apart as a Chapter. - 22 - #INUTE$ - CITY C0#14I$$ION #EETING 80YNTON BEACH, FLORIDA FEBRUARY 21, 1995 Lawrence Road. He felt Miner Road should be construCted and other roads should be widened and repaired. Paul Wood, 198 Orange Drive, stated that Citrus Cove Elementary School is at 200 percent capacity. There is a large construction site next to the school. The area is very crowded and trUcks go in and out. There isn't even a fence to pro- tect the children. He asked how an ambulance or the Fire Department is going to get to the school if there is a traffic jam. Mayor Harmening advised that Lawrence Road is a County road and it is not the City's responsibility to upgrade that road. However, the City did share the cost of the traffic light for the school. Vice Mayor Matson stated that the City cannot widen or light Lawrence Road because it is a County road. She suggested the residents contact County Commissioner Warren Newell and the School Board. Mayor Harmening suggested they do so as soon as possible. Commissioner Katz stated that unless the School Board and the County require concurrency by developers, the City's hands are tied. Vane$$a Edwards, 604 N. E. 2nd Street, asked the City to investigate an incident involving her son and a police officer. Her son, Courtney, explained that while he was driving, a police officer tried to pull him over, but he would not stop. When he got to his house, he jumped out of his car and ran into the backyard. He said the police officer sprayed him with mace, punched him in his leg, choked him, and slapped him in the mouth. Mayor Hamening advised them to fill out a complaint form at the Police Department. Mrs. Edwards said she has filled out a complaint form, but she wanted the Commission to know what was going on. Evelyn )lackey Ports, a resident of Lantana, spoke about an incident that occurred at the Bay Club in Boynton Beach. As a result, her son was arrested and his arm was broken. She complained about the tactics that police officers use. She said she was not given a reason why her son was arrested. Wesley Mackey stated that a police officer "yoked" him by the neck, threw him to the ground, and punched him in the face. Another officer kicked him in his face. The bouncers at the Bay Club also kicked him. He said he was not read his rights, nor was he told why he was being arrested. He said he has doctor bills which he cannot afford to pay and felt he should be compensated. He also felt somebody should speak up for the Black community. Commissioner Aguila assured them that this incident will be investigated. He stated that we rely on our police officers and in the sensitivity training they receive. He explained that police officers perform a very dangerous job. They do not know if a person is a criminal or not and sometimes have to assume a per- son is a criminal. Commissioner Aguila understood this, but felt it was wrong. - 12 - HINUTE$ - CITY COI~tI$$ION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 City Attorney Cherof pointed out two unusual points which are built-in safe- guards. First, rather than amend the number of sections of the Code, we are repealing them so that there is no confusion that we are not undertaking an amendment within the body of some other type of organization or ordinance. The second provision is in Section 8 and provides that in the event of any challenge to any portion of this, where the challenge is successful, the previous ordi- nance that dealt with the same subject matter is revived, rather than there being a void in the event that one of these provisions is set aside. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Mayor Harmening cast the dissenting vote. 2. Proposed O~lnance No, 095-03 Re: Residential Appearance Code City Attorney Cherof read Proposed Ordinance No. 095-03 by title only. Hotton Commissioner Aguila moved to approve Proposed Ordinance No. 095-03 on first reading. Vice Mayor Matson seconded the motion. Mayor Pro Tem Bradley would like the Commission to reconsider parking in swales. He stated that many people do not have enough parking, so they will probably end up parking in the street when they have a party. Commissioner Katz was opposed to not being able to plant trees in swales in established neighborhoods where the streets are not going to be widened or paved over for a long time. He would not want to see Ficus trees in swales, but he did not think Palm trees would create a problem. Vice Mayor Matson does not want to change the parking in swales. She said the swales are for drainage. She does not want to see cars parked in swales all over the City. Commissioner Aguila felt we should not allow planting of landscape materials or parking in the swales. Mayor Harmening was totally opposed to almost every provision in this Proposed Ordinance. Mayor Pro Tem Bradley would like City Manager Parker to inquire as to what other municipalities are doing relative to parking in swales. Mayor Harmening said it sounds good and in theory it will make the City look beautiful, but in practice it is not enforceable. When you enforce it on one person and not on another person, you can be sued for discrimination. - 23 - H[NUTE$ - CITY COMNZ$$~[ON MEETZNG BOYNTON BF..ACH, FLORIDA FEBRUARY 21, 1995 Commissioner Aguila felt we need something in the Code to allow us to deal with those who are blatant. He felt it would provide the City, Code Enforcement, and staff with the ability to monitor, regulate and deal with abusers. Mayor Pro Tem Bradley agreed that the majority of the document is good. However, he would like to allow parking in swales. To him, blatant disregard is when a person parks his car in the yard or works on his car in the yard. However, this is addressed in another part of the Code. To him, swale parking means an additional car in the home, visitor parking, or a car that cannot fit in the driveway or in the garage. He felt 50 percent of the homes and places of residence in this City encounter that problem daily. Commissioner Katz felt trees in the swales will help prevent parking in the swales and will not affect drainage. He and Mayor Harmening pointed out that there are Palm trees and other trees in the swales all over the City. Mayor Harmening said some of them were planted only five or six months ago on 8th Street. He did not find them offensive or objectionable at all. Vice Mayor Matson did not have a problem with planting in the swales. Ms. Heyden stated that she had inserted language in the Code to allow trees in swales and to allow the Utilities Department to approve the species because they had a problem with certain trees because of their root systems. However, at one of the City Commission Code Review Workshops, the City Commission deleted this provision entirely. Commissioner Katz and Vice Mayor Matson would like it put back into the Code. For the record, Ms. Heyden advised that the provisions regarding parking in yards is new, based on the City Commission's discussions at one of the City Commission Code Review Workshops. ConsenSUS * It was the consensus of the Commission to allow nonevasive shrubbery to be planted in the rights-of-way. Mayor Harmening had a problem with the City telling him he has to maintain his swales. Commissioner Aguila pointed out that this is typical in every City. Motion Commissioner Katz moved to approve Proposed Ordinance No. 095-03 on first reading, with the changes to paragraph 2 concerning the planting of floral ground cover and shrubbery or trees in the rights-of-way. Vice Mayor Matson seconded the motion. *non-invasive shrubbery - 24 - MINUTES - CITY COMN];$S~ON MEETi[NG BOYNTON BEACH, FLOR];DA FEBRUARY 21, 1995 Commissioner Aguila referred to the wording in IV.3. Motor vehicles, which states that it shall be unlawful to park a motor vehicle in the front, rear or side yard, except in a designated driveway. He felt this would be a nightmare to enforce. He pointed out that we allow people to park their boats on the side of their houses. City Manager Parker stated that boats are not defined as motor vehicles. Commissioner Aguila would like to see this eliminated. He thinks this is an attempt to deal with the issue of parking in the swales. He stated that the swales are for drainage purposes only. If parking is allowed on the swales, it will be a detriment to the drainage system. Mayor Harmening stated that parking on the swale does not ruin the swale. Commissioner Aguila felt that repeated parking in the swale area destroys the grass or sod. City Manager Parker stated that the front yard issue was specifically discussed, but the rear and side was not. If the City Commission desires, the rear and side can be deleted. In a spirit of compromise, Commissioner Aguila agreed to this. Commissioner Katz included in his motion the deletion of it being unlawful to park a motor vehicle in the rear or side yard. For the record, Mayor Pro Tem Bradley said he will vote in favor of this to move it along to second reading. However, he was opposed to not allowing parking in the swales. Mayor Harmening brought up the issue of being cited for chipped paint. Commissioner Aguila felt this was an administrative matter that needs to be kept under control and not abused. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-1. Mayor Harmening cast the dissenting vote. 3. Proposed Ordinance No, 095-04 Re: Community Design Plan City Attorney Cherof read Proposed Ordinance No. 095-04 by title only. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 095-04 on first reading. Commissioner Katz seconded the motion. Commissioner Aguila pointed out that the word "definitions" is misspelled in the title of the ordinance. On page 3, he referred to the sentence which states that a color sample shall be submitted as an example along with the color or product identified on the plans. The sample will be used for the final site inspection to ensure that the correct product and color were used for the proj- ect. He felt there needs to be some flexibility with regard to the color scheme. Ms. Heyden advised him that there is flexibility, as long as the colors are similar. - 25 - #ZNUTES - CZTY CON#Z$$ION #EETING BOYNTON BEACH, FLORZDA FEBRUARY 21, 1995 In response to Commissioner Aguila, Ns. Heyden explained Section 8, Appea]s She stated that appeals go to the Planning and Development Board and then t; the City Commission. Commissioner Aguila referrred to A.1 on page 5 which states, "Outbuildings, either located on the same parcel or an adjacent parcel as the principal building, shall not be located so as to block the fields of vision to the prin- cipal building on the site." He asked if outbuildings shall not be located so as to block the fields of vision at all, or significantly. Ms. Heyden said it is to a degree. Commissioner Aguila pointed out that this needs to be clarified. Commissioner Aguila referred to C.! on page 5 which states, "Unloading and loading areas shall be screened from streets and public view by a wall or dense vegetative buffer." He felt it was important that somewhere in this document, the people are aware that it must be maintained. Ms. Heyden pointed out that there is a provision in the 1990 Site Plan Ordinance that states that you have to maintain your site plan per the approved plan. Ms. Heyden will clarify the word "dense" in this paragraph. CommisSioner Aguila wanted "and appropriate gates" added to C.3 on page 5. Commissioner Aguila referred to paragraph "H" on page 6, which states, "Sculptures, fountains, gardens, pools, trellises and benches shall be added within the site design, wherever feasible." He suggested saying "are encouraged wherever feasible", as opposed to "shall be". Ms. Heyden said she will take out "wherever feasible" and put in "are encouraged". Commissioner Aguila referred to the second sentence in 1.1 on page 6 which states, "Therefore, sign style and building style shall match and shall be reviewed at the time of site plan review." Instead of saying "style shall match", he suggested saying "style shall be consistent". Ms. Heyden said she was trying to get away from using words like consistent, harmonious and com- patible. Commissioner Aguila left it up to her discretion. He felt the word "match" was a little limiting. Commissioner Aguila referred to paragraph 2 on page 6 which states that the num- bers of colors used for tenant signage for multiple tenant buildings shall be limited. He pointed out that this does not state what they are limited to and this needs to be defined. ' Commissioner Aguila referred to paragraph 4 on page 7 which states, "Large multiple tenant signs and small lettering on freestanding identification signs close to entrances is discouraged." He changed the words "is discouraged" to "shall not be allowed". He felt these signs are not only unsightly, but create a traffic problem. - 26 - MINUTES - CITY COl, fiSSION MEETING 80YNTON BEACH, FLORIDA FEBRUARY 21, 1995 Commissioner Aguila referred to paragraph G on page 7 which states, "Buildings which are symbolic design for reasons of advertising, unless otherwise con- sistent with the criteria herein, shall not be approved." He changed "shall not be approved" to "shall not be allowed". Commissioner Aguila added the underlined words to paragraph ! on page 8 so that is now reads as follows: "All building facades of a building that face public or private streets or visible from anN right-of-wa~ shall be designed to be as attractive in -- appearance as the front of the building." He pointed out that you can sometimes see buildings from the right-of-way even though they do not face the street. Commissioner Aguila felt this was a drastic improvement over the current Community Design Plan which restricts you to a style based on your address. Mayor Harmening referred to paragraph J on page 8 which states, "Overhead doors should not be located on a building facade{s) that faces a public or private street." He said that is a great idea; however, there are many small lots and this would completely limit the rest of the design of a person's house. Commissioner Aguila pointed out that this applies to commercial buildings only. Ms. Heyden confirmed this, but pointed out this is City-wide and not really designated to any zoning district. She will take care of this by exempting single-family residential. Commissioner Aguila advised her that Section 6 states that single-family and duplex dwelling units on individually platted lots shall be exempt from this chapter. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. City Manager Parker advised that there are some legal concerns with some of the specificity, and that they will be reviewed before second reading. C. Resolutions Proposed Resolution No, R95-26 Re: Ratification of the 1994/97 Agreement between the City of Boynton Beach and Police Sergeants Fraternal Order of Police City Attorney Cherof read Proposed Resolution No. R95-26 by title only. Motion Commissioner Aguila moved approval of Proposed Resolution No. R95-26. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Proposed Resolution No. R95-27 Re: Ratification of the 1994/97 Agreement between the City of Boynton Beach and Police Lieutenants Fraternal Order of Police City Attorney Cherof read Proposed Resolution No. R95-27 by title only. - 27 - HINUTE$ - CITY COleIISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Motion Mayor Pro Tem Bradley moved approval of Proposed Resolution No. R95-27. Commissioner Aguila seconded the motion, which carried 5-0. ® Proposed Resolution No. R95-28 Re: Abandonment of a 12 foot wide utility easement running approximately 200 feet east of and along S. W. 8th Street - Woolbright Place PUD This item was dispensed with earlier in the meeting. e Proposed Resolution No. R95-29 Re: Authorize acceptance of one {1) acre of property located on Martin Luther King, Jr. Boulevard (N. E. loth Avenue} from Palm Beach County City Attorney Cherof read Proposed Resolution No. R95-29 by title only. Notion Vice Mayor Matson moved approval of Proposed Resolution No. R95-29. Commissioner Katz seconded the motion, which carried 5-0. ® Proposed Resolution No. R95-30 Re: Authorize execution of agreement between the City of Boynton Beach and HyPoluxo Harbor Inc., granting them a commodity-only rate and establishing con- ditions related to transport of sewage into the City's sewer system City Attorney Cherof read Proposed Resolution No. R95-30 by title only. Notion Mayor Pro Tem Bradley moved approval of Proposed Resolution No. R95-30. Commissioner Aguila seconded the motion. Commissioner Katz asked how the rates are set. City Manager Parker advised that they are set by ordinance. They are set annually, usually during the budget hearings. Mr. Mazzella added that the commodity rate is set by Code. Per this agreement, the City will not charge the base rate per dwelling unit. Mr. Eckler, the Project Engineer, asked the Commission to make the effective date of the resolution December 31, 1994, which was the date the system was con- nected to the City. Mayor Harmening asked if he has been paying a different rate in the meantime. Mr. Eckler said there is one months' billing that is at a different rate. It includes the unit rate. It was the intent to have the agreement done. The paperwork did not get accomplished in time. - 28 - #INUTES - CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 Mayor Harmening asked how much infiltration comes into this system. Mr. Mazzella said it is nothing really noticeable. He is going to keep an eye on it. He advised that it is a very small system. There is a portable sonic meter, and they get their drinking water from Manalapan. Mayor Harmening saw no reason to make it effective in December. City Attorney Cherof advised that it cannot be made retroactive. The motion carried 5-0. 6. Proposed Resolution No, R95-31 Re: Final Plat approval for the Vinings PUD This item was dispensed with earlier in the meeting. D. Other 1. Code Enforcement lien reduction for George Sands (Palm GR Associates) This item was dispensed with earlier in the meeting. Update on ~aeger Lawsuit City Attorney Cherof advised that Arline Weiner's Motion for Costs was heard and granted. The costs are somewhere in the neighborhood of $800.00. The Order contains the provision that the costs be paid as a condition of'Mr. Jaeger pro- ceeding with his most recent lawsuit. The City has not yet been paid. XI. UNFINISHED BUSINESS None. XlI. CITY MANAGER'S REPORT City Manager Parker had nothing to report at this time. XlII. OTHER None. - 29 - MINUTES - CITY CONNI$$ION #EETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1995 XIV. ADJOURNNENT There being no further business to come before the City Commission, the meeting was adjourned at 10:15 P. M. THE CITY OF BOYNTON BEACH C/ May o r ATTEST: City £1erk ~ Recording Secretary (Four Tapes) - ~ Vice Mayor ~) u'~..~ ' Commissioner - 30 - AGENDA FEBRUARY 21, 1995 III. CONSENT AGENDA D cc: Finance, Util Rec 0 A & B PIPE AND SUPPLY CO .................................. $ 2,675.44 P.O. 8797. SEWER AIR/VAC VALVE FOR STOCK PAY FROM W & S REV FUND -- 401-351-5-390-06 ATD-AMERICAN CO .......................................... $ 3,515.00 P.O. 8705. REPLACE TABLES PAY FROM GEN FUND -- 001-721-5-318-00 AERIAL DATA REDUCTION ASSOCIATES INC ................. $19,140.00 AERIAL MAPPING PROJECT ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $ 30,121.00 0.00 0.00 19,140.00 10,981.00 PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21, $6,380.00, 421-000-0-690-21, $6,380.00, PAY FROM STORM WATER UTIL FUND -- 425-397-5-499-00, $6,380.00 AMERICAN STANDARD CONSTRUCTION ...................... $ 5,459.40 P.O. 9027. REROOF PROJECTS ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $17,874.00 0.00 0.00 5,459.40 12,414.60 PAY FROM PUBLIC SERV TAX CONST -- 301-722-5-629-44, $1,967.40, 301-192-5-629-01, $3,492.00 AMERICAN STANDARD CONSTRUCTION P.O. 8476. PAYMENT #6 REROOF PROJECTS ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE ...................... $ 5,052.77 $ 92,736.00 0.00 71,024.33 5,052.77 16,658.90 PAY FROM PUBLIC SERVICE TAX CONST -- 301-721-5-629-28, $1,728.57, 301-721-5-629-27, $2,632.50, 301-722-5-629-32, $691.70 FEB lBl APPROVAL e e 10. 11. 12. 13. 14. ATLANTIC ELECTRONICS INC .......................... ...... P.O. 8813. WELL FIELD/WATER PLANT SUPPLIES PAY FROM W & S REV FUND -- 401-336-5-433-00 $ 2,448.61 B.A. ROBERTS INC ............................................ ?.O. 8072. RED CLAY FOR BALL FIELDS PAY FROM GEN FUND -- 001-722-5-390-12 $1,192.90 BOCA TIRES INC .............................................. P~O. 8087. WAREHOUSE RESTOCK/VEH MERCHANDISE PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 $ 1,249.44 BILLING, COCHRAN, HEATH, LYLES & MAURO, PA ............ $1,019.50 LEG FEES/EXP - FINIZIO VS. CITY PAY FROM SELF INS FUND -- 622-195-5-468-00 CH2M HILL .................................................. $11,069.59 TASK ORDER #22 - GEN ENG SERV/WEST WTP PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $6,816.43, PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21, $4,026.98, PAY FROM STORM WATER UTIL FUND -- 425-397-5-499-00, $226.18 CHEMICAL LIME COMPANY .................................. $ 4,236.28 P.O. 7980. LIME FOR CHEMICAL SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 CONSOLIDATED ELECTRIC SUPPLY ........................... $1,356.81 P.O. 8749. LS 801 ELECTRICAL SUPPLIES PAY FROM W & S REV FUND -- 401-352-5-345-00 CROM CORPORATION ........................................ $ 2,800.00 P.O. 8302. LIQUID LEVEL INDICATOR INSTALLATION PAY FROM W & S REV FUND -- 401-335-5-642-00 CROM CORPORATION P.O. 7158. EST. #9 STORAGE TANK CONSTRUCTION ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE ....................................... $ 56,178.63 $ 2,201,780.00 0.00 1,249,425.58 56,178.63 $ 896,175.79 PAY FROM 1990 CONST FUND -- 409-000-0-690-10 COMMISSION; FEB gl APPROVAL 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. DADE PAPER CO ............................................. $ 2,708.71 P.O. 7973. JANITORIAL MERCH STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-11 DUKE'S SALES & SERVICE .................................... $ 2,845.33 P.O. 8641. SEWER ROOT CONTROL PAY FROM W & S REV FUND -- 401-351-5-430-06 ERNST & YOUNG LLP ........................................ $12,980.00 PROF SERV AUDIT/LEG COMP TEST/YEAR END PAY FROM VARIOUS FUNDS EVERGLADES LABORATORIES INC ........................... $ 4,500.00 LANDFILL CLOSURE TESTING PAY FROM SANITATION FUND -- 431-341-5-490-06 FOOT-JOY ................................................... $1,031.10 PRO SHOP MERCHANDISE PAY FROM GC REV FUND -- 411-000-0-420-10 FOUR M GROUP INC .......................................... $1,026.00 P.O. 8340. LATCHKEY PROGRAM SNACK DELIVERY PAY FROM FEDERAL GRANT FUND -- 105-723-5-499-00 HALMAR ROBICON GROUP ................................... $ 4,788.50 P.O. 8934. LS 801 PARTS PAY FROM W & S REV FUND -- 401-352-5-433-00 HOWARD FERTILIZER COMPANY INC ......................... $1,005.00 P.O. 8722. MILORGANITE FOR GREENS PAY FROM GC REV FUND -- 411-726-5-366-00 ROBERT HOWELL ............................................ $1,420.43 TENNIS CTR INSTRUCTION PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 RON HUGHES ................................................. $1,118.88 DANCE INSTRUCTION PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 IBM CORPORATION .......................................... $ 6,840.74 P.O. 8086. COMPUTER MAINTENANCE PAY FROM VARIOUS ACCOUNTS COMPreSSiON FEB APPROVAL 26. 27. 28. 29. 30. 31. 32. 33. 34. SHELLY JANSSEN ............................................ BALLET/TAP INSTRUCTION PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 $ 3,248.00 JOHNSON, ANSELMO, MURDOCH, BURKE & GEORGE ........................................... $ 2,438.20 LEG SERV -- BB POLICE DEPT VS CITY OF BB 11/21 - 12/30 PAY FROM SELF INS FUND -- 622m195-5-468-00 JOHNSON YOKOGAWA CORP ................................. $ 5,200.00 P.O. 8537. SOFTWARE UPGRADE WATER PLANTS PAY FROM W & S REV FUND -- 401-336-5-499-00 JONES CHEMICALS ........................................... $1,189.92 P.O. 8113. SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-365-00 JOSIAS & GOREN, PA ........................................ $14,732.61 PROF SERV. GNL MAT; ADV FINIZIO; V. MUN PO PENS TRUST FUND; ADV JAEGER; VS SUMMIT ASSOC; V ST. JUSTE; ADV BAY CLUB, TRADEWINDS, MROTEK, KALIN, ROOT & PBA, BARNETT, GARCIA, SMALL; V RUIZ, I-IIGHRIDEGE 3000, BARNETT, FORECLOSURE, DEAN FORECLOSURE, UNION MATTERS, JANUARY GNL REP/LEG MATTERS PAY FROM GEN FUND -- 001-141-5-468-00, $5,758.11, 001-141-5-460-18, $2,724.50, 001-141-5-461-00, $6,250.00 LIVE OAK LAWN SUPPLY INC ................................. $ 5,336.00 P.O. 8739. MOWER REPLACEMENT PAY FROM VEH SERV FUND -- 501-193-5-688-00 METZGER, SONNEBORN & RUTTER PA ........................ $ 3,602.24 PROF SERV BLACKMON V DEMEREST, JAEGER V WEINER PAY FROM SELF INS FUND -- 622-195-5-468-00 MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN .................................................. $ 8,139.70 LEG FEES/EXP FINIZIO V CITY, JAEGER V CITY PAY FROM SELF INS FUND -- 622-195-5-468-00 MURRAY LOGAN CONSTRUCTION ............................ $ 8,300.00 P.O. 9077. BRIDGE REPAIR PAY FROM LOCAL OPTION GAS TAX FUND -- 104-411-5-629-46 COMMiSSiON FEB APPROVAl,, 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. NEIGHBORHOOD FAMILY DOCTOR ........................... PRE-EMP PHYSICALS, TB TINE, DRUG SCREEN PAY FROM GEN FUND -- 001-135-5-460-01 $1,141.00 NEWS BANK .................................................. P.O. 9001. PB POST ON CD ROM PAY FROM GEN FUND -- 001-711-5-670-02 $ 2,055.00 PALM BEACH COUNTY ENGINEERING & PUBLIC WORKS/TRAFFIC DIVISION .................................. $11,666.00 TRAFFIC LIGHT INST/CITY'S SHARE PAY FROM PUBLIC SERV TAX CONST FUND -- 301-411-5-642-11 PEROXIDATION SYSTEMS .................................... $ 6,919.50 P.O. 8198. HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 PIFER INC .................................................... $ 5,083.00 P.O. 8649. TURF VACUUM PAY FROM GC REV FUND -- 411-726-5-641-00 PLASTIC WINDOW PRODUCTS CO ............................. $1,600.55 P.O. 8784. BOOK GUARDS PAY FROM GEN FUND -- 001-711-5-317-00 PRO STAR COMPUTER ........................................ $ 2,790.00 P.O. 8833. NOTEBOOK PC, ACCESSORIES PAY FROM W & S REV FUND -- 401-391-5-670-02 RAPIDS WATER PARK ........................................ $1,530.00 ADM TICKETS FOR REC CAMPS PAY FROM REC SPEC REV FUND -- 472-721-5-384-00 ROBERTS & REYNOLDS PA ................................... $ 34,313.04 LEG FEES/EXP CONLEY V CITY, BLOM V CITY, BERRY V CITY, FINANCE V CITY, LESTER V CITY PAY FROM SELF INS FUND -- 622-195-5-468-00 SCRWTD BOARD ............................................ $ 201,053.39 JANUARY USER CHARGES PAY FROM W & S REV FUND -- 401-353-5-490-09 NORMAN SCOFFIELD ART INSTRUCTION PAY FROM REC SPEC REV FUND -- 472-721-5-469-00 ......................................... $ 1,085.00 COM v ISSION FEB gl APPROVAL 46. 47~ 48. 49. 50. 51. 52. 53. 54. SOLID WASTE AUTHORITY .................................. $ 84,510.99 P.O. 8126o DAILY LANDFILL USE PAY FROM SANITATION FUND -- 431-341-5-490-01 SOUTItLAND EQUIPMENT CORP ............................. $ 74,466.00 P.O. 8443. VEHICLE REPLACEMENT PAY FROM VEH SERV FUND -- 501-193-5-688-00 STANLEY CONSULTANTS INC ................................ $ 41,930.80 PROF SERV WEST WTP CONSTRUCTION PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $27,659.84 409-000-0-691-10, $11,770.96 PAY FROM W & S UTIL FUND -- 421-000-0-691-21, $2,500.00 STATE OF FLORIDA UNEMPLOYMENT COMPENSATION FUND ....................................... $ 5,593.78 QUARTER PYMT THROUGH 12/31/94 PAY FROM GEN FUND -- 001-194-5-132-00, $3,343.78, PAY FROM W & S REV FUND -- 401-395-5-132-00, $2,250.00 TARE LANDSCAPING ......................................... $ 6,259.00 P.O. 8169. LAWN MAINTENANCE/LANDSCAPING PAY FROM GEN FUND -- 001-722-5-430-15 T & P ENTERPRISES INC ...................................... $1,450.00 P.O. 8729. BB BLVD MEDIAN REPAIR PAY FROM COMM IMP/CRA FUND -- 621-136-5-630-14 TERRA ASGROW FLORIDA .................................... $1,288.20 P.O. 8890. ROUND UP/WAREHOUSE STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-11 ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE THOMAS H. CUSHING DEMOLITION ........................... $1,240.00 P.O. 4707. FINAL PYMT - NORTH WTP DEMOLITION $155,880.50 0.00 154,640.50 1,240.00 $ o.oo PAY FROM UTIL GEN FUND -- 403-000-0-691-10 THOMPSON PUMP ............................................ $1,428.00 P.O. 8148. RENTAL/DEWATERING EQUIPMENT PAY FROM W & S REV FUND -- 401-351-5-430-06, $714.00 ~ ~ PAY FROM STORMWATER UTIL FUND--*714.00 CO D 'i i SSI 0 N FEB APPROVAL 55. 56. 57. UNDERWATER UNLIMITED DIVING SERVICES INC ............................................... P.O. 8717. GRAVITY SEWER REPLACEMENT PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21 $ 19,800.00 WIEDERItOLD, MOSES, BULFIN & RUBIN ...................... $ 4,466.30 PROF SERV MATTERS 3502, 3295, JAEGER V CITY 12/01 - 12/31/94, PAY FROM SELF INS FUND -- 622-195-5-468-00 XEROX CORPORATION ....................................... $ 2,040.00 P.O. 8380. WAREHOUSE STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 COMMISSION FEB :BI APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. GRAI~ W.SWANN, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION FEB ~BJl APPROVAL