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Minutes 10-03-94 HINUTES OFTHE REGULAR CITY COHHIS$ION #EETING HELD IN COHHISSION CHAHBERS~ CITY HALL~ BOYNTON BEACH~ FLORIDA~ ON HONDAY, OCTOBER 3, 1994, AT 6:30 P. H. 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 C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. A moment of silent prayer was observed, since Father John Block, Pastor of St. Mark's Catholic Church, was not present for the invocation. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Bradley. D, Agenda Approval 1. Additions, Deletions, Corrections Attorney Cherof added Item X.D.2 to fix a date for an executive session regarding labor negotiations. City Manager Parker deleted Item IV.B.2, since Owen Williams was unable to attend this meeting. She tabled Items X.B.8, X.B.9 and X.B.IO, since the City is not ready to move forward with them in this particular format at this time. Commissioner Katz added Item IX.D (Speed Limit on Woolbright Road). Vice Mayor Matson added Item AA.1 (Lottie Pierce Citizenship Award). Commissioner Aguila added Item IX.E.1 (Site Plan Approval Extensions) and Item IX.E.2 (Graffiti on Water Tank). He also added Item IX.E.3 (Docks). However, if docks are brought under Public Audience, he was willing to discuss them at that time. 2, Adoption Commissioner Katz moved to adopt the agenda as amended. seconded the motion, which carried 5-0. Mayor Pro Tem Bradley -1- MINUTES - REGULAR CITY C0~I$$I0N HEET]'NG BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 II. ADMINISTRATIVE A. Appointments to be made Appointment To Be Made Board Reg/ Alt Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley Mayor Harmening II Bradley I Katz II Bradley IV Matson Mayor Harmening II Bradley III Aguila Motlon Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Children & Youth Advisory Alt Nuisance Abatement Board Alt Education Advisory Board Alt Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Community Relations Board Reg Board of Adjustment Reg Nuisance Abatement Board Reg Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 9/97 TABLED Term expires 9/95 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 Commissioner Katz moved to remove all tabled appointments from the table. Commissioner Aguila seconded the motion, which carried 5-0. It was pointed out that Mr. Newton was inadvertently appointed to the Nuisance Abatement Board at the last meeting. Since he already is a member of that Board, Commissioner Aguila still has this appointment to make. Mayor Harmening appointed Wayne Patrick as a regular member of the Community Relations Board, without objection. · Mayor Pro Tem Bradley appointed Heather Henderson as an alternate member to. the Education Advisory Board, without ojection. Motion Mayor Pro Tem Bradley moved to table the remainder of the appointments. Commissioner Katz seconded the motion, which carried 5-0. Vice Mayor Matson mentioned to the people in the audience that the City of Boynton Beach has many openings on its Advisory Boards. She hoped they would participate in the governmental process and join one of these Boards. Consider proposal submitted by Ernst & Young to extend audit services to the City of Boynton Beach for the years ending September 30, 1995 through 1997 Pursuant to Memorandum 94-088 from the Finance Director, Grady Swann, to the City Manager, Ernst & Young has done a commendable job during their tenure, and -2- MINUTES - REGULAR CITY COI~ISSIOH MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 with their guidance, the City has received the Certificate of Achievement for Excellence in Financial Reporting each year for the past fourteen years. Mr. Swann recommended returning their proposal letter as requested. Motion Commissioner Aguila moved to approve this item. Vice Mayor Matson seconded the motion, which carried 5-0. III, CONSENT AGENDA A, Minutes 1, Regular City Commission Meeting Nlnutes of Septamber 20, 1994 No changes were made to these minutes. 2, Special City Commission Neetlng Minutes of September 29, 1994 Commissioner Katz pointed out a typographical error at the top of the page. meeting was held at 5:30 P. M., not 6:30 P. M. The B, Bids - Recon~nendApproval - All expenditures are approved in the 1993-94 Adopted Budget 1, Award Joint Annual Supply of Medical Supplies with the City of Delray Beach in the amount of $46,527 Pursuant to the Agenda Memorandum from the Purchasing Department, the Tabulation Committee recommended awarding this bid to multiple vendors on a most respon- sive, responsible low bidder per item basis, in order to obtain the best price. 2, Award purchase of one (1) RV cutaway chassis/cab unit to Palmetto Ford in the amount of $23,822 Pursuant to the Agenda Memorandum from the Purchasing Department, the Tabulation Committee recommended awarding this bid in part to Palmetto Ford Trust Sales, Inc. of Miami, Florida, in the amount of $23,822. There was only one bidder for these vehicles. The other vehicles will be bid after October 1, 1994, along with the approved vehicles for the various departments in the 1994/95 budget year. Commissioner Aguila asked why there was only one bidder. City Manager Parker explained that the City tried to get this bid in prior to the end of the fiscal year. Due to the mail schedule, there were only two days to bid. Therefore, the City encumbered the money and will go back out for bidding. The City recom- mends awarding this one item and will be going back for the remainder of the trucks and cars on that bid. -3- HINUTE$ - REGULAR CITY COI~ISSION HEETiNG BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 3. Award annual contract for cleaning chemicals and Janitorial supplies in the ~mount of $75,000 (estlmted) Pursuant to the Agenda Memorandum from the Purchasing Department, the Tabulation CoFF~nittee recommended awarding the bid to various vendors that are overall low bidders per item. Each awarded vendor has been determined to be the most responsive, responsible bidder meeting all required specifications. To award most items, the Warehouse Manager, Dominic DeMauro, requested samples for testing before making the award. 4, Approve installation of Fire Station #1 Exhaust System awarded to Wright Superior tn the amount of $9,838,24 Pursuant to the Agenda Memorandum from the Purchasing Department, the Tabulation Committee recommended awarding the bid to Wright Superior, Inc. of Riviera Beach, Florida, the lowest, most responsive, responsible bidder meeting all required specifications. Thompson Engineering Consultants and Bill DeBeck, the Project Manager, concurred with this recommendation. 5, Award co-op bid for fertilizer and chemicals for the Parks Department and Golf Course in the amount of $106,954 Pursuant to the Agenda Memorandum from the Purchasing Department, this co-op bid enables each participating entity to save on the cost of fertilizers and various chemicals due to bidding large quantities. The City of Delray Beach is the leading agency. All awards have been voted on and approved by the members of the Palm Beach County Co-op. Items not awarded to the low bidder were awarded to the next most responsive, responsible bidder meeting all required specifica- tions. Approve piggybacking Palm Beach County Bid for renovation and construction of cart paths at the Golf Course in the amount of $20,000 Pursuant to his Memorandum #94-033 to the City Manager, Joe Sciortino, the Golf Director, requested permission to piggyback the same bid we did last year, Palm Beach County Bid #C92-162MM, which expires November 30, 1994, for overlay at $53/ton (approximately 6,000 linear feet which is about 307 tons of asphalt), and 540 linear feet of new paths at $7.74/square yard ($6.89/linear foot or 480 square yards). The total purchase order is not to exceed $20,000 and will come from the C.I.P reserve account. Whiteside Paving continues to be the current successful bidder for Palm Beach County District III asphalt work. They have been a responsible contractor and are very familiar with the golf course. The County bid is current. -4- HINUTE$ - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 C. Resolutions Proposed Resolution No. R94-152 Re: Renewal of Landscape Maintenance Bid with BLC Lawn Maintenance at the same price and conditions as current contract Attorney Cherof read Proposed Resolution No. R94-162 by title only. In response to Commissioner Aguila, City Manager Parker advised that Sun Valley is the lift station site. Proposed Resolution No, R94-163 Re: Renewal of Landscape Maintenance Bid with Tare Landscaping at the same price and con- ditions as current contract Attorney Cherof read Proposed Resolution No. R94-163 by title only. Commissioner Aguila asked for an explanation ~or the increase pertaining to the West Water Treatment Plant. John Wildner, the Parks Superintendent, explained that when it was bid, the contractor really could not see all he had to deal with. ® Proposed Resolution No, R94-164 Re: Ratification of South Central Regional WastewaterJTreatment and Disposal Board Action of September 22, 1994 regarding Proposal A Organization with modification that Legal Council be shown directly responsible to the Board and Consultants, Engineers, and Auditors be responsible to the Executive Director. The Position shown as Secretary be changed to Administrative Assistant I and Bookkeeper Assistant be changed to Administrative Assistant II Mayor Hamening felt this contained a very serious error. He said the auditors almost always come under the Board or the City Commission instead of under the Chief Executive. Vice Mayor Matson also had a problem with the auditors being under the Executve Director, particularly since there have been many problems in the past year with the accounting area. She felt the primary source of the problems lies in that department and that they should be responsible to the people who are elected to oversee that Board, rather than a hired employee. Mayor Harmening stated that according to the auditors, it was not the Financial Advisor who caused any shortfalls. Vice Mayor Matson stated that the fiduciary responsibility of that Plant is with us, not with the Executive Director. Commissioner Aguila felt the Commission should either ratify or not ratify this decision made by the Board, not revisit this Board decision. He stated that if the Commission does not ratify it, it can be dealt with at Board level. -5- HINUTE$ - REGULAR CITY COMHI$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Vice Mayor Matson stated that we were elected to take care of the fiscal respon- sibility of that Board and the auditors working under the Executive Director are diametrically opposed to what we were elected to do. Commissioner Aguila stated that the auditors have always worked under the Director as far as reviewing and preparing the documentation they present to the Board. He asked how else they would get their direction. Mayor Harmening advised that in the past, they have always worked through the Financial Administrator and the Board. Mayor Harmening had no problem with the resolution, as long as the part about the auditors is stricken. This item was pulled from the Consent Agenda. D, Approval of Bills A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. With regard to bill number 11, Commissioner Aguila requested an update on the painting of the City Hall building. He wanted to know what percentage of the contract has been paid and how much work remains to be done. He felt the contractor did a lousy job. Commissioner Aguila pulled this bill from the Consent Agenda. City Manager Parker advised that the paint manufacturer has agreed to supply an additional coat of paint at his cost because the first coat is not covering to our specifications. With regard to bill number 23, Mayor Harmening asked how the radios were damaged. Police Chief Thomas Dettman believes they were damaged during an inci- dent in April when the police officers went into the canal because someone was going under. They did not have time to remove all their gear. With regard to bill number 14, Vice Mayor Matson asked if this is an in and out account wherein the employees are depositing their own money and will be taking it out to pay for the employee party. City Manager Parker answered affirma- tively. With regard to bill number 20, Vice Mayor Matson asked if this is the last bill. City Manager Parker believes the City will be receiving the last one next week. E, Authorize records destruction for Communications, City Clerk, and Personnel Departments These requests have been approved by the State. -6- MINUTES - REGULAR CITY COI~tISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 F, Approval for payment of premiums for Flortda Municipal Self-Insurance Program Poltcy Year 1994/95 Vice Mayor Matson commented that the decrease of $35,000, in addition to the almost $4,000 that the Florida League of Cities collected for us in delinquent Occupational Licensing fees, more than makes up for what we pay them for mem- bership. Motion Vice Mayor Matson moved to approve the Consent Agenda, with the exception of Item C.3 and bill number 11, and with the correction to the minutes of the September 29, 1994 meeting. Commissioner Katz seconded the motion, which carried 5-0. Item III,C,3: Proposed Resolution No, Rg4-164 As he stated before, the only objection to this Proposed Resolution that Mayor Harmening has is that the auditors should be responsible to the Board. Commissioner Aguila felt all consultants, auditors and engineers are ultimately responsible to the Board, but they work directly with the Excecutive Director to prepare the information that we need to review. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-164. Mayor Pro Tem Bradley seconded the motion. Mayor Harmening said his only problem is that the auditors are going to still be working with the Financial Director and not with the Director because the Director does not know what goes on down there. He felt it does not behoove us to put the Director over the auditors. The motion carried 3-2. Mayor Harmening and Vice Mayor Matson cast the dissenting votes. IV, ANNOUNCEMENTS & PRESENTATIONS A, Announc~nts Mayor Harmening announced that tomorrow is election day for the run-off. B, Presentations 1, Employee of the Month Mayor Harmening and City Manager Parker honored Dominic DeMauro, Steve Huggins, and Alex Jenkins as Employees of the Month of September, 1994 for being con- scientious employees and doing a good job, -7- HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 City Manager Parker advised that we have increased our inventory at the ware- house, which saves the City money. However, along with the increased inventory comes increased responsibilities for the personnel in that department. She proudly reported that the end of the year inventory was completed and there is less than a one percent differential for inventory shrinkage. 2, Recognition to O~en W1111ams who won the 100 meter dash at the Natlonai Track Heat In Hershey, Pennsylvania on August 13th This item was deleted from the agenda. 3, Proclamation -Ctty Government Week - October 23rd through 29th, 1994 Mayor Harmening read a proclamation declaring October 23 through 29 1994 as City Government Week. ' Vice Mayor Matson advised that she and City Manager Parker are working on a won- derful array of activities throughout the City from October 23rd through October 29th to celebrate City Goverment Week. These activities will be adver- tised in the newspapers. In addition, the Senior Advisory Board is having a country western party on October 27th from 2:00 to 4:00 P. M. V, BIDS None. VI, PUBLIC HEARING None. VII, PUBLIC AUDIENCE Derle Bailey, 2571S. W. 11th Court, talked about the docks and boathouses. He stated that prior to 1973, some permits were waived because there was no ordi- nance. Some ordinances were vague, not only with regard to docks, but also with regard to utility sheds, satellite dishes, fences, landscaping, and some types of repair. The owners purchased those existing docks and boathouses with their real estate and they pay taxes on them. Some of the records only show permit numbers and do not show what those permits are for. The new building code that took effect this year is going to make it almost impossible to rebuild the docks to existing Codes without dismantling them first. Forced compliance on this is going to cost the City, and the property owners who do not even have docks, a lot of money. He asked the Commission to appoint a committee of property owners and some City department heads, to get this worked out without it costing a bunch of money or going to Court. Ray Covington stated that he received twenty-seven telephone calls, two of which were from lawyers, in response to an informational flyer he put out regarding the docks. Mr. Covington said the people want to settle this matter without -8- NINUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 having to spend a whole bunch of money. He said it is impossible to meet the new building codes, no matter how structurally sound a dock may be, without taking it apart to certify it. He would like the ones that are structurally sound approved, and the ones that are not torn down. City Manager Parker adVised that there are two issues here. One is the structural integrity of the dock itself. She advised that as of today, the City has a new Building Official and he and his staff will start to deal with this issue. The second issue is the roofs over the docks, which staff cannot permit. Mr. Covington stated that he has already been turned down for a permit and he still has an outstanding citation. City Manager Parker advised him that it has been held in abeyance. Mr. Covington said the roof on his dock has existed for fifteen years. It will cost him $1,000 to take the roof off and have it hauled away. He did not build it. It enhances his property value and his tax structure. He does not think he should have to pay a penalty for that. He felt the structures that already exist that are structurally sound should be grandfathered in. Mr. Covington heard the City was going to notify everyone involved by registered mail and pointed out that it would cost thousands of dollars. Harry Stein, 760 East Ocean Avenue, said he has been authorized by the President of Coastal Towers, Virginia White, to speak on behalf of Coastal Towers re- garding the bridge. Coastal Towers is in favor of the northern alignment of the bridge at Boynton Beach Boulevard and against an elevated bridge near Coastal Towers. It will cause destructive and severe damages to Coastal Towers, partic- ularly the north building, the northeast section of which is within a few feet of the bridge. Construction of a new bridge there will weaken the foundation of the building. It will crack the walls of all the apartments and will adversely affect the quality of life of all the residents of Coastal Towers. The market value of this complex will be severely depreciated. A construction period of one year or more will be chaotic. It will be an eyesore to all the residents. Mr. Stein said the DOT has been strongly in favor of the northern alignment for sound reasons. He explained those reasons. He advised that DOT filed an appli- cation this year with the Department of Environmental Protection for a permit for the brdige at the northern alignment. On September 15, 1994, the permit was denied because of the potential of damage to the mangroves. Coastal Towers feels this denial was wrong because it takes the mangroves into consideration, not mankind. The people of Coastal Towers would like this decision appealed to the Governor and his Cabinet. Mr. Stein urged the Commission be consistent and contine to favor the northern alignment. John Fitzpatrick, 109 S. E. 4th Avenue, spoke about the docks. He read an article in the newspaper that a Building Official recommended there be an inspection of every home to find out whether they had illegal docks or seawalls built on their property. He was concerned about the costs the City and the tax- payers would incur if these inspections were conducted. -9- HINUTE$ - REGULAR CITY COHHI$$ION HEETiNG BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Bob Hlller, 1205 S. W. 1st Street, complained about several Code violations on the properties at 12th and Seacrest. There is waste oil, waste batteries, and approximately seventeen cars on these properties. Commissioner Aguila said he received a telephone call from another gentleman regarding this matter and asked the City Manager to investigate the matter. Scott Blasie, the Code Enforcement Administrator, advised that there are some problems at these properties. He and his staff have put in a lot of time trying to find Code violations that are evident when they visit the site. Mr. Blasie said he was there in his own vehicle at 6:00 A. M. and has been there late at night. Unfortunately, the City does not have any authority to regulate how many vehicles are allowed on a residential site. He has been in the duplex two or three times a year, He was in there recently and inspected both apartments. They are both two bedroom, one bath units. Staff cited them to obtain an occu- pational license. However, this is not really the problem. The problem is that there are four tenants in one unit to the south and two tenants in one unit to the north, and they a11 have cars. It is an old duplex, built in the ~950s and has off-street parking for five cars. There is no Code that says you cannot park on the front lawn. He met with the property manager last week. The pro- perty owner made a commitment to limit the number of cars the owners can have to six, and to have any cars parked on the grass towed away. Commissioner Aguila said he was told by the property manager that that area was a gathering point for people to car-pool to work. They leave their cars there all day and at the end of the day, they come back, chitchat, and tinker with their cars before going home. Mr. Blasie was aware of this. However, he said they do not car-pool anymore. He is watching the situation daily, but has not witnessed anybody dumping waste oil. There is some minor evidence of some dirty soil in the swale. The property manager has told him that he will clean that out. Other than that, there has been no major auto repair, as defined in the Code. Mayor Harmening referred to the County Wellfield Ordinance and pointed out that in this zone, disposal of waste oil is a serious offense and could cost the property owner a lot of money. In response to Commissioner Aguila, Mr. Blasie stated that Ms. Heyden is going to bring a community appearance code forward in the next couple of months. She asked him for his comments and he told her parking on front lawns seems to be a big problem. Commissioner Aguila addressed the issue of the docks. He felt the existing docks and canopies should be grandfathered in if they are proved to be safe. That does not mean they have to have signed and sealed documents from an engineer and architect who have totally disassembled them to prove they are structurally sound. He felt the Building Official, who is an architect as well as an engineer and who has a capable staff, is able to meet with the property owners. He said you can tell if a dock or canopy is dilapitated or sound. Those that are sound and do not pose a safety hazard to the residents should be - 10 - NINUTE$ - REGULAR CITY CONNI$SION NEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 grandfathered in as a nonconforming structure. This means they cannot be enlarged or improved in any way, and they cannot be replaced without permits and without complying with whatever Codes are in effect at that time. City Manager Parker stated that at that September 20, 1994 meeting, the City Commission determined that canopies and roofs were not allowed to be permitted. In addition, City Manager Parker felt the City will probably need some outside agency or person to deCide if the docks are structurally sound. She did not think the Commission would want the City to take on the liability of determining whether or not each dock is structurally sound. With regard to the citizens' concerns about the cost to notify everyone, City Manager Parker advised that a large article will probably be published in the Funfare magazine, which is mailed to all the residents. In addition, aerial maps will be used to determine where the docks and seawalls are. Commissioner Katz reminded everyone that we are dealing with private property, City property and Lake Worth Drainage District property. Vice Mayor Matson added that we are also dealing with South Florida Water Management District property. Commissioner Katz' main concern was the nonconforming docks and structures constructed on City property that might be unsafe. Vice Mayor Matson stated that Lake Worth Drainage District will not permit any structure above docks. South Florida Water Management District only considers canopies designed by a certified architect and that comply with local Codes. Palm Beach County Department of Environmental Resource Management reviews for impact upon seagrasses before permitting dOcks and canopies. Mayor Pro Tem Bradley stated that it might be the pleasure of this Commission to revisit the issue of whether or not to permit canopies. Commissioner Katz felt we should concentrate in terms of the problem docks and/or structures on those that are constructed on City easement, and if something is on private property and is structurally sound then it should be grandfathered in. ' With regard to determining the structural integrity of the docks, Vice Mayor Matson was not in favor of spending one penny for a consultant. Commissioner Aguila suggested that some of the interns from FAU might do it for free. In response to Commissioner Aguila, Vice Mayor Matson stated that at the last City Commission meeting, the Commission decided that if a dock is in disrepair, it would have to be fixed. If it is structurally sound, it will be grand- fathered in for three years. After that time period, it would have to be legally permitted or it comes down. The Building Department will determine if it is structurally sound. Commissioner Aguila pointed out that as the Codes read right now, canopies are not allowed. Mayor Harmening added that a lot of these docks that have canopies are in Lake Worth or South Florida Water Management District, which do not allow' canopies. City Manager Parker advised that a call was received this afternoon - 11 - #INUTES - REGULAR CITY COt414IS$ION HEETiNG BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 from Lake Worth. They said they are monitoring what the City is going to do and may consider the canopies and roofs if the City does the same. Mayor Harmening suggested placing this item on the next agenda so that it can be discussed in more detail. In the interim, he felt the Commission's previous instructions were reasonably clear and should go forward. In response to Mayor Pro Tem Bradley, Attorney Cherof advised that in most cases the City has concurrent jurisdiction with Lake Worth and South Florida Water Management District. They cannot waive the City's rules and the City cannot waive their rules. An owner who is subject to Lake Worth or South Florida Management Water District and the City will have to abide by all those regula- tions. The easements are under City control and the City has responsibility and liability on those easements. Bill Hukill, the Director of Development, said it would be asking for a legal problem if the City had the inspectors certify the structural integrity of the docks. The inspectors can determine if a structural member is falling down or is in disrepair and will put the people on notice. The reason it costs as much as it does to get an engineer to certify structural soundness, even if it is a new dock, is because it takes some time and calculation to do that. It is very difficult to assess the structural integrity of anything under the water without destructive testing. Even with destructive testing, it is difficult and very expensive. Staff can determine whether a dock is reasonablY safe or unsafe. Mayor Harmening stated that if they are determined to be unsafe just from obser- vation, Code Enforcement should be rigorously applied immediately for the remov- al thereof. City Manager Parker will put this item on the October 18, 1994 agenda. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED THE PUBLIC AUDIENCE CLOSED. VIII, DEVELOPHENT PLANS A, Bo~n~on Nurseries Master Plan Modification Tambri Heyden, Planning and Zoning Director, stated that Kilday and Associates is requesting approval of a modification to their 1990 master plan. The PUD is located on the west side of Lawrence Road at the northwest corner of Lawrence Road and the L.W.D.D. L-21 Canal. A number of modifications are being requested. The first one is a reduction in the total number of units from 400 units to 374. The next is a change in the type of units. The first approval included a mixture of single-family and multi-family units. The proposal before the Commission this evening is all single-family with two types of units, a "Z" lot line on 4,000 square feet (231 of those types of units) and a zero lot line product (143 of these types of units), and they would be on 50' x 100' wide lots. The project also includes phasing and Phase 1 would include all but 48 of the units. The reason for this is that even though there is a reduction in the - 12 - HINUTE$ - REGULAR CITY CONHI$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 total number of units, because of the difference in the types of units, there is a difference in the traffic generated (a slight increase). To avoid certain road improvements to be attached to this approval, a phasing plan is being pro- posed for the remaining 48 units of the project. Because of the decrease in the number of units, there is a decrease in the water and sewer demand, as well as the population that can be expected through this project. There is also a change in the pod layout and the access points to the pods. There is also an establishment of the local streets to the pods, which was not included in the original master plan. This is a 40 foot wide street with a sidewalk on one side, 4 feet wide, and those will be private streets. There is also an altera- tion in the size of the preserve area, which has been reduced in size and the location has moved. There is a change in the lake sizes and the location of the storm water management tracks. There is a reduction in the size of the public park to be dedicated, a decrease from 2.84 acres to 2.5 acres. There is a reduction in the width from 25 feet to 5 feet for the PUD perimeter along the south boundary of the PUD. Lastly, a condition of the original master plan was that prior to platting, the project come back before the Commission for a master plan modification approval because the original master plan did not establish lot sizes and lot layout. The master plan this evening shows a proposal for lot layout and lot sizes. The building setbacks are proposed at 20 feet to the garage, 15 feet to the house. A 15 foot rear setback is being proposed for all units that back up to one another, and a 10 foot rear setback for units that back up to a lake, a pre- serve, or the perimeter of the PUD. A 10 foot side setback is proposed for the non zero portion of the property line. On the corners, 13.5 feet is being pro- posed. Regarding screened enclosures, a zero foot setback for "Z" lot line units is being proposed when they abut a lake or preserve, and a 10 foot setback for the side. For zero lot line units, the proposal is a zero foot rear setback when they abut a lake or preserve, a 5 foot setback when the units back up to one another, and a side setback of 10 feet, 13.5 feet for corner lots. If the City Commission determines that this is a substantial change, the approv- al would necessitate a rezoning. If the City Commission determines this is not a substantial change, it is forwarded to the Planning and Development Board for final approval. Staff reviewed this request for consistency with the PUD regulations, the intent and purposes of PUDs, and consistency with the Comprehensive Plan. Staff was concerned with the buffer widths, the recreation area, the lot sizes, the lot widths, and setbacks. A buffer is proposed around the entire PUD perimeter. The landscape area being proposed is part of an easement rather than a dedicated tract. The problem is that the long term integrity of that buffer is jeopardized when treated as an easement rather than a dedicated tract and it is difficult to ensure that that buffer is always going to be there. In addition, staff recommends that the 25 feet be maintained along the entire PUD boundary as originally proposed, with the exception of the south boundary, which will have a 5 foot landscape buffer. - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 In response to Commissioner Aguila regarding the continuity of the buffer, Ms. Heyden stated that what ends up happening, with or without permits, is that people start putting up fences to enclose the area to make their lots seem larger. Commissioner Aguila asked who would be responsible for maintaining the 25 feet to the overall PUD property line. Ms. Heyden advised that staff recommends it be dedicated to the homeowners' association. Ms. Heyden said the purpose of the buffer is to buffer this project from the property to the north. Ms. Heyden stated that with the number and type of units shown on the original master plan, the total dedication for recreation was 6.75 acres. Fifty percent of that was to be satisfied by providing private recreation, leaving approxi- mately 3.3 acres to be dedicated as a public park. When the project went through the public hearing process, the City Commission approved the project with a 2.84 public dedication and the balance of a cash payment equivalent to over half an acre to pay the City at time of platting. We have a Comprehensive Plan policy regarding this particular neighborhood planning area. Knollwood Groves is an area that needed a neighborhood park. The intention was to secure a neighborhood park in this area, to get 2.84 acres in this corner, and when the property to the north came in, assemble those two properties to hopefully end up with a 5 acre neighborhood park. The concern here is that there is, as part of their proposal, a reduction in the acreage to 2.5 acres, the difference to be paid in cash. If this were to occur, we would be at further risk of not getting the 5 acre park when the property to the north came in. Regarding lot sizes and setbacks, a chart was put together, listing the PUDs within the City that have minimal lot sizes and setbacks, etc. The smallest front building setback is currently 18 feet. The smallest rear building setback is currently 10 feet. The smallest side building setback is 10 feet Minimum lot size is 4,500 square feet. ' With respect to screen enclosures, the minimum thus far in the City has been established as a minimum rear setback of 5 feet, zero feet when abutting a lake, and a minimum side setback of 8 feet. Ms. Heyden stated that staff has had technical problems with this progression over the past ten or fifteen years with smaller and smaller lot sizes. Staff has been seeing a progression of smaller lot sizes and larger homes on lots, and a narrow building separation. With these smaller and smaller lot sizes staff has been seeing, we have run into some technical problems. These smaller and smaller tot sizes have come with larger and larger homes, increased lot coverage, decreased permeability, and narrower and narrower building separa- tions. That makes it really tough for emergency personnel to park their large vehicles and get their equipment in between these buildings. Another problem that we had have, and it is becoming more and more prevalent, is parking. When you have a very narrow lot width, and you have a building setback that is very close to the street edge, you have a very shallow and narrow driveway. We are seeing a lot of parking on streets and swales and across sidewalks, and it causes damage to the swales and sidewalks. - 14 - #INUTE$ - REGULAR CITY COI~I$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Staff recommends that the City Commission make a finding of no substantial change for this modification, subject to the staff comments. This recommenda- tion is based on approving this request for, at minimum, no less than the stan- dards that have been approved in other PUDs in the City to date. This would establish within the Boynton Nurseries a minimum lot size of 4,500 square feet, a minimum lot width of 50 feet, and a rear setback of 5 feet for screen enclo- sures, including those that abut the lakes and open areas, all side and building separations be maintained at 10 feet, and the rear setbacks for the screen enclosures that back up to other lots be increased to 8 feet. In response to Vice Mayor Matson, Kieran Kilday of Kilday & Associates, advised that double driveways have been provided throughout and are 16 feet. Commissioner Katz felt the Planning Department should continually look at net useable acreage. This property is 83.81 acres. However, the net useable acreage is 57 acres. They have decided to reduce the number of units, but the actual unit per acre is almost a 50 percent increase over what is allowed. He felt the site it too dense and should only have 220 to 230 units. He felt the 2.84 acres should be dedicated to the City for a public park. He felt the pre- serve area should be 25 percent of the gross acreage of the property, which would further reduce the net useable property, but he did not think this would be fair. He felt we should go to the net useable acreage, give this man his 4.46 allowable density, and multiply it by that, and then do the project from there. Mr. Kilday stated that there is a zoning approval on this property. The density issue has already been approved by a previous Commission, and he is working within the parameters of that approval to make the modifications. He stated that the final traffic report does not require phasing of the project. Therefore, he is not requesting this modification. He advised that 2.84 acres will be dedicated for a park site if that was what was approved. Alan Fant, Vice President of GL Homes, stated that GL Homes is the second largest single-family home builder in South Florida and lives up to high stan- dards. GL Homes develops 24 foot wide streets, puts curb and gutter in, has 40 foot wide rights-of-way, and has a sidewalk, at least on one side, in all com- munities. Mr. Fant described the site plan and the units. He stated that GL Homes offers 15 different product types. GL Homes is not trying to put any more units on the property than what is allowed. To the contrary, GL Homes is reducing the units from 400 to 376. Mr. Kilday addressed the staff comments. With regard to Engineering Department Memorandum No. 94-255 about widening the driveway widths to 18 feet, Mr. Kilday stated that there is a two car driveway, which is 16 feet, for all units. With regard to Engineering Department Memorandum No. 94-288, there was a suggestion that the lake area shown running along Lawrence Road on the front of the property also have a guardrail across the entire lake. Mr. Kilday said this lake has been set back to DOT standards and has been reviewed by the City Engineering Department, as well as the County Engineering Department, and a guardrail would not be required. The lake meets all safety standards. - 15- HINUTE$ - REGULAR CITY COI~I$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Mr. Kilday referred to the Memorandum to Ms. Heyden from Michael Haag, the Zoning and Site Development Administrator, dated September 29, 1994. He stated that comments 2, g, 10, 12 and 13 are redundant due to the submission of the new traffic statement. With regard to the proposed landscape buffer along the south canal line (item number 3), Mr. Kilday stated that the recent master plan indicates a 25 foot setback as opposed to a specific buffer. He requested that a landscape buffer 5 feet be allowed on the south property line, along with another 5 foot setback, making it a 10 foot setback. The reason for this is that the applicant is being required to dedicate to the drainage canal an additional 35 feet. He felt there was no need for additional buffering because there is significant buffering there already from the canal right-of-way. Mr. Kilday agreed to provide pedestrian signalization (item number 14). However, he requested that the verbiage "if warranted" be added to this comment. With regard to item number 13, Commissioner Aguila was concerned with a decel- eration lane or additional turn lanes to access this site. Traffic Engineer Rob Rennebaum with Simmons & White, explained that exclusive left turn lanes were recommended at both project entrances. Coming from the north, the right turn lanes are not warranted based on Palm Beach County guidelines. Therefore, no right turn lanes were recommended. Commissioner Aguila felt this was a mistake. He expressed concern about a right turn lane at both entrances. With regard to item number 15 regarding the landscape buffer, Mr. Kilday stated that having done many projects with similar buffers, GL Homes has found that having the property association responsible for policing the buffer has worked well, but actual maintenance of the buffer has generally been assigned to the individual property owners that abut it. One of the reasons is that normally the irrigation system put in to include the buffer is hooked up to the indivi- dual unit's irrigation system. This has not presented a problem in the past. Even if the association owned the tract of land, if someone puts up a fence, the association has the right to tell them to take it down. However, it does create somewhat of a problem in terms of the setbacks because in some cases, the set- backs overlap some of the buffer area. With regard to item 16{a} regarding larger homes being built on smaller lots, Mr. Kilday stated that this plan was designed to meet the LUI requirement. Therefore, there cannot be increased lot coverage. A concern was raised at the TRC meeting regarding monitoring the different units and different floor areas. At that meeting, he agreed to create quarterly monitoring of the types of units going on the lots as a condition of approval. With regard to the separation of the buildings becoming smaller and smaller, Mr. Kilday stated that a 10 foot separation of the units has been maintained throughout the project. That has been the standard separation of other proj- ects approved within the City. Mr. Kilday did ask for less setbacks on the screen enclosures. However, in reading the staff report, he agreed to the staff recommendation, and will make the screen enclosures meet the setbacks recom- mended by staff. - 16 - HINUTE$ - REGULAR CITY COHI4IS$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 From a side to side basis, he promised that the screen enclosures will have the same setbacks as the permanent structures so that there is a permanent 10 foot minimum width going through the building. As different unit types are placed on the lots, many areas get bigger because of the architectural detailing. Therefore, many times the minimum setback is exceeded. With regard to parking, Mr. Kilday stated that an 80 foot separation is pro- posed. This separation is made up of a paved area, a concrete Miami gutter, and six feet of landscaping on each side. One side has a sidewalk. The effect of having that extra curb and extra width of right-of-way is that the cars in the driveways get pulled back off the road. The depth of the lot has not been taken out to create that walk. Two outdoor parking spaces per unit have been provided and many of the units have two car garages as well. Mayor Harmening asked if the units that have one car garages still have the wide enough driveway to park two vehicles. Mr. Kilday answered affirmatively. Regarding item 17, which recommends that the two story homes located on the "Z" lots be limited to a minimum distance in any direction of 160 feet between the lot lines of any two story home, Mr. Kilday felt this is too rigorous a standard to apply and this has not been required of any of the other projects. There are fifteen different unit types. He estimated that half of them will be single story and half two story. He advised that GL Homes has some internal rules about allowing too many units of the same type in a row. In response to Mayor Harmening, Ms. Heyden stated that the 160 feet is based on four 40 foot wide lots in a row. She pointed out that the color renditions do not show that when you have the "Z" lot line, although there is a 10 foot building separation, from the street you only see a 5 foot distance between the two buildings. Staff feels that this, along with a two-story building, presents a very dense appearance. Mr. Fant advised that this.concept was done intentionally to break up the units and streetscape. He explained that all two-story units are at least twenty feet apart from each other. With regard to item 18, Mr. Kilday already agreed to dedicate 2.84 acres for the park. Vice Mayor Matson's concerns (parking, screen setbacks, and public park dedica- tion) have been addressed to her satisfaction. With regard to Ms. Heyden's argument about seeing only § feet from the street, she would rather not seen an open expanse between every house. She would like to see something architec- turally different from home to home. She felt this project is not detrimental to the health and welfare of the residents and would bring a higher assessed valuation and a bigger tax base into the City. Commissioner Katz had a problem with the density. He said it is not 4.46 units per acre; it is closer to 7. - 17 - NINUTES - REGULAR CITY COMNZSSZON NEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 In response to Commissioner Aguila, Mr. Fant agreed to put in the right turn lanes. Notion Commissioner Aguila moved to authorize staff to take this to the Planning and Development Board with a finding of minor modification. Referring to the com- ments and recommendations set forth in the September 29, 1994 Memorandum to Ms. Heyden from Michael HaaN, the Zoning and Site Development Administrator, Commissioner Aguila deleted numbers 2, 3, 15, 16{a), and 17. He added the ver- biage "if warranted" to item number 14. Vice Mayor Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. AT 9:00 P. M., MAYOR HARMENING DELCARED A RECESS. THE MEETING RESUMED AT 9:05 P. M. B, #t&ml Subs - color selection and request to readdress driveway entrance David Daszkal, 5334 Buckhead Circle, Boca Raton, circulated color chips. Don Perlyn, Executive Vice President of Miami Subs, stated that Miami Subs has an image to maintain and a responsibility to its franchisees to insist upon cer- tain images being maintained. A key factor in the success of Miami Subs is its building. Surveys have shown that 68 percent of the people who ate at Miami Subs last year came to Miami Subs strictly because of its building. The appli- cant has already agreed to eliminate some neon and colors and is putting in barrel tile. Several exceptions have been made out of respect to the Commission. The color of the building is very significant. Neon and image are very significant. Mr. Perlyn said he cannot let the same color go on the building as is on the shopping center. The success of Miami Subs weighs heavily on its building image. If it is blended in with the shopping center any further, he has grave concerns as to the total potential success of the project. Notion After reviewing the color chips, Vice Mayor Matson moved to approve color chip #1115. Vice Mayor Matson would like to see the project move forward, but not to the detriment of the integrity of what has been approved in the shopping center. Commissioner Katz seconded the motion, which failed 2-3. Mayor Harmening, Mayor Pro Tem Bradley and Commissioner Aguila voted against the motion. Notion Commissioner Aguila moved to approve Benjamin Moore color chip #1066. Mayor Pro Tem Bradley seconded the motion, which carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting vote. - 18- HINUTES - REGULAR CITY CONHISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 With regard to the entrance/exit, from speaking to various restaurant operators, consultants, and Miami Subs Grill, and from his experience with sites that have poor accessibility, Mr. Daszkal felt that without an entrance/exit near Plaza Lane, it would greatly detriment the site, and people would have a hard time getting out of the site. He proposed closing off half of that entrance/exit and making it an exit only, with a "Do Not Enter" sign. Motion Commissioner Aguila moved to accept the proposal. Vice Mayor Matson asked if the opening is going to be narrowed or if there are going to be two exits. Mr. Perlyn said it is a single lane and there will be two "Do Not Enter" signs on both sides. Hotlon Commissioner Aguila moved to approve their recommendation for a one-way drive. Vice Mayor Matson seconded the motion. Commissioner Aguila requested that the backup be stripped to make sure no one parks there. Mr. Perlyn agreed to do that. The motion carried 5-0. IX, NEW BUSINESS A, Consider ordinance reference General Employees - Additional benefit tn the event of a death City Manager Parker advised that the General Employees Pension Board requested that this item be brought before the City Commission. This is an additional benefit for the spouse or estate of an employee who dies prior to retirement age or prior to retiring. The actuary estimated this will cost the City approxi- mately $25,394 per year. The City Attorney has advised that because this will impact the IBF&O employees, this item needs to be negotiated. Commissioner Aguila asked if there is a way of passing on the cost to those who wish to take advantage of this benefit. He also wondered if it would be dif- ficult to monitor. He was not in favor of the City absorbing any part of the cost. City Manager Parker will look into this possibility. Mayor Harmening would have no objection to this if the employees who want to opt into this benefit were willing to pay for it 100 percent, including any extra cost for record keeping. However, as far as the City creating any new benefits for any of the employees, he felt it would be totally contrary to what we have been trying to do, which is to cut down on employee benefits. Vice Mayor Matson was also not in favor of this if the costs cannot be passed onto those who opt for this benefit. She did not want this to cost the tax- payers. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 AA. Lottie Pierce Citizenship Award Vice Mayor Matson stated that Commissioner Aguila had previously suggested recognizing those in the business community who have been active and have been in partnership with the City by presenting them with an award. Vice Mayor Matson advised that Lottie Pierce, who has had many community affiliations and was given many awards, passed away this year. Vice Mayor Matson would like the City to award the "Lottie Pierce Citizenship Award" to a resident who is civic minded and who goes above and beyond his or her duty. She would like this award to be presented every year during Florida City Government Week. Vice Mayor Matson received the consenus of the Commission. Vice Mayor Matson advised that Administration will advise the Commission of who they suggest to be the first recipient of this award. After that, some criteria will be drawn up, and she suggested the Commission not be involved so as to keep politics out of it. B. Extension of occupational license for Club Nautico located at Watersedge Marina City Manager Parker stated that in February of 1993, the City Commission granted Club Nautico a one year extension. They are requesting an additional one year extension, as the marina project is not under way and their parking lot is still not in compliance. Commissioner Aguila believes that something is truly going to happen with that project and only because of this is he willing to agree to another year exten- sion. Motion Commissioner Aguila moved to give Club Nautico an extension on their occupa- tional license renewal for one more year. Vice Mayor Matson seconded the motion, which carried 5-0. C, Items for discussion requested by Mayor Pro Tem Matt Bradley 1, Downtown Bridge Location Mayor Pro Tem Bradley presented the Commission with a Resolution which was unanimously passed by the Chamber of Commerce in support of the Ocean Avenue alignment of the Intracoastal Bridge. He advised that DOT has given conceptual approval to the beautified bridge at Ocean Avenue, as outlined at the recent charrette where community participants created a beautiful downtown. No environmental permits were granted for the Boynton Beach Boulevard site. The downtown project hinges on the bridge going on Ocean Avenue. Motion Mayor Pro Tem Bradley moved to have the alignment for the bridge in Boynton Beach be at Ocean Avenue. - 20 - HINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Vice MaYor Matson did not think the Commission can make that decision. She suggested moving that we are approving that alignment. Mayor Pro Tem reworded his motion to state that this Commission be in favor of the alignment being at Ocean Avenue. Commissioner Aguila seconded the motion. Commissioner Katz felt the Commission should stay out of this. Mayor Harmening stated that in 1975, the City voted that the bridge be located at Boynton Beach Boulevard. He did not expect the downtown to improve, in spite of the efforts of some of the people who work hard at it. In response to Vice Mayor Matson, City Attorney Cherof advised that it is within the City Commission's powers to make a resolution to support a particular loca- tion. Commissioner Aguila had felt the proper alignment for the bridge is at Boynton Beach Boulevard. However, some things have happened in the recent past that have gotten him to open his mind to other possibilities. He believes the marina project is going to happen and the bridge does have an impact on it and on other things that may happen. He believes the alignment at Ocean Avenue can be an asset to the downtown area and can be done without being detrimental to the property owners. Commissioner Katz' position has always been to rebuild the Ocean Avenue bridge at its existing height. Mayor Pro Tem Bradley was under the impression that the DOT is looking for a consensus. He said if they get consensus from us that Ocean Avenue is the pre- ferred location, it would make a big difference. Mayor Harmening was not in favor of impacting the property of the people at the Coastal Towers and the Banana Boat, which he.felt is what a new high bridge at Ocean Avenue would do. Commissioner Aguila stated that the same people that are looking at the viabi- lity of the marina project are looking for some commitment on the part of the City to show some support on the issue of the bridge. Even though they recognize it is not the Commission's decision, a resolution supporting one loca- tion or the other will let them know where we stand. Robert Luongo, who lives in Ocean Ridge, felt the investors will not pull out of the marina project based on the location of the bridge. He said there are many logical advantages to putting the bridge at the northern alignment. He also said that DOT has not conceptually approved anything. He presented a letter from the Palm Beach County Legislative Delegation prepared by Senator Wexler which represents the scope of the public interest. He asked staff to get a better handle on what is going to happen in the future. Glnny Foot, 2400 S. W. 1st Street, owns and operates a business on East Ocean Avenue. She stated that in the past, with the information she received, she thought the bridge should go on Boynton Beach Boulevard. However, with the - 21 - #]:NUTE$ - REGULAR C]:TY COI~IS$ION #EETING BOYNTON BEACH, FLOR]:DA OCTOBER 3, 1994 facts she has now, she feels a new bridge is needed on Ocean Avenue. She reali- zes that her business would be impacted. She thinks if we work together we can make this a positive event for the businesses in downtown Boynton. She strongly believes that if we do not become progressive in this City in our thinking and in moving forward, we are going to reach a point from which we may not be able to return. She believes that if any area in the City is held back from reaching its potential, it will have a negative impact on the entire City. ~ohn N~rtln, 323 S. W. 11th Avenue, Immediate Past President of the Boynton Beach Chamber of Commerce, stated that he had fought very hard for the Chamber of Commerce's position for the Boynton Beach Boulevard alignment. They had good reasons at the time for supporting that alignment. However, those reasons were very historical in nature, some of them going back fifteen years. It was logi- cal that the Chamber of Commerce change their position. He stated that the Chamber of Commerce took into consideration the people along Ocean Avenue, the existing businesses and Coastal Towers. They do not want them to be adversely affected any more than absolutely necessary and would not support anything that would be to the detriment of the businesses and homeowners along the alignment now being proposed. The Chamber of Commerce wants to work closely with members and nonmembers to make sure those businesses can get through the time of con- struction and progress and flourish even more than they ever had dreamed of in the past. Herk Pe~y represented the Banana Boat. He stated that this is his first chance to be able to address this issue. About three hours ago, he saw the plans for Ocean Avenue for the first time. He stated that an article in the Boynton Times indicated that this new location is going to take away approximately sixteen feet from his client. This would adversely affect their access and also take away about half their parking. He said it is unfortunate that the time has not been taken to meet with his client to address these issues. He understands this new location is for the purpose of downtown development. He stated that proba- bly one of the best and well known businesses, and probably the most successful business in downtown Boynton, is the Banana Boat. Yet, nobody has taken the time to present this plan to the Banana Boat. He thinks it is unfortunate that we are planning for the future for new businesses but not planning for the existing businesses. By passing this resolution, he said the new alignment will be on Ocean Avenue if things go the way they are planned. However, the plans do not address the concerns and problems for the Banana Boat. He stated that Boynton Beach is planning on the need for a new bridge. However, in speaking with everybody, including DOT, he did not think there is any greater traffic demand that is going to be projected for the next twenty years. He requested that the Commission delay passing this resolution thirty days so that this can be presented to the Banana Boat. The motion carried 3-2. Mayor Harmening and Commissioner Katz cast the dissenting votes. Commissioner Aguila thought the Banana Boat had been part of this process and had been shown the plans. He also thought this would not affect them adversely. Ann Ford, the Downtown District Coordinator, advised that Ginny Foot invited the - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Banana Boat to the Economic Development Committee. They sent a representative and an entire presentation was made. They were notified of the charrette but did not attend and said they were not aware of it. Ms. Ford pointed out that it was advertised in the newspapers. They said they did not know anything about it, yet they attended a meeting of the Economic Development Committee where everything that was discussed at the charrette was reviewed. Commissioner Aguila said he would appreciate it if Ms. Ford would make a special effort to personally contact the Banana Boat and make sure they understand what we are doing and what impact, if any, this is going to have on them, and then to report back to the Commission regarding that conversation. Vice Mayor Matson wanted assurances that the taking of the sixteen feet from the Banana Boat is not going to happen. Ms. Ford said they have been working on a separate plan so the Banana Boat will not lose parking. Motion Mayor Pro Tem Bradley moved that a resolution be drafted to reflect the passage of a motion by the majority of the Commission that the alignment of Ocean Avenue is the preferred site. Commissioner Aguila seconded the mOtion. Vice Mayor Matson asked if Mayor Pro Tem Bradley is prepared for that resolution to leave here if those questions we just asked are not answered. Mayor Pro Tem Bradley felt the one question about the parking and sixteen feet should be answered. Mayor Harmening was not sure that question can be answered until a prototype design is a little further along. Commissioner Aguila stated that they have designed the worst condition and anything they do beyond that will be an improvement on the amount of space taken. The motion carried 4-1. Mayor Harmening cast the dissenting vote. D, Item for discussion by Commissioner Katz 1, Speed Limit on Woolbrtght Road Commissioner Katz advised that some Leisureville residents are concerned about the speed limit on Woolbright Road between Congress Avenue and 1-95, which is currently 45 mph. The distance between Congress Avenue and the top of 1-95 is one mile, with two traffic lights in between, At the current speed limit, if you do not hit any of the traffic lights, you can get from one point to the other in 75 seconds. At 35 mph, you can get there in 85 seconds. Many senior citizens exit onto Woolbright Road and they are concerned about the cars driving too fast. Commissioner Katz received a printout from the Police Department, indicating that sixty-four accidents have occurred at that intersection. He requested a consensus from the Commission to ask the County for permission to change the speed limit to 35 mph. The City can then manufacturer new speed limit signs and install them. Wilbur Lynch said he has been in contact with County Commissioner Warren Newell, who has assured him that he will have the Traffic Commission do another survey - 23 - HINUTE$ - REGULAR CITY COMMZS$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 at the red light at the corner of 18th and Woolbright Road. Commissioner Newell will also speak to them about reducing the speed limit. Mr. Lynch expects some information from him within the next two weeks. He will report back to the Commission when he receives this information. Commissioner Katz received the Commission's consensus. E, Items for dlscusslon by Commissioner Agutla 1, Site Plan Approval Extensions Commissioner Aguila would like staff to come back to the Commission with a recommendation on site plan extensions. He thinks the Commission grants too many extensions. He thinks the ordinances need to be changed to allow a one time only, twelve month maximum extension. 2, Graffiti on water tank Commissioner Aguila noticed graffiti on the old blue water tank on Woolbright Road and requested that it be removed immediately. City Manager Parker advised that there is also graffiti on the new concrete tank. The contractor has been notified and will remove the graffiti as soon as possible. At this point in the meeting, Commissioner Katz left the Chambers. 3, Docks This item was discussed earlier in the meeting. X, LEGAL A, Ordinances - 2nd Reading - PUBLIC HEARING None. B, Ordinances - 1st Reading 1. Proposed Ordinance No, 094-31 Re: Stormwater ordinance City Attorney Cherof read Proposed Ordinance No. 094-31 by title only. Mayor Harmening referred to the language crossed out on page 2 of the proposed ordinance. He felt there still needs to be some language inserted to indicate that the owner requesting the adjustment may present whatever facts, opinions or engineering services he may desire to substantiate his case. At this point in the meeting, Commissioner Katz returned and Vice Mayor Matson left the Chambers. - 24 - MINUTES - REGULAR CITY COHNISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-31 on first reading, subject to the comment made by the Mayor that language be inserted under Section 26-405. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Vice Mayor Matson was not present. 2. Proposed Ordinance No, 094-32 Re: Annexation - Palm Beach Groves City Attorney Cherof read Proposed Ordinance No. 094-32 by title only. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-32 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Vice Mayor Matson was not present. 3. Proposed Ordinance No. 094-33 Re: Land Use Element Amendment - Palm Beach Groves City Attorney Cherof read Proposed Ordinance No. 094-33 by title only. Notion Commissioner Katz moved to approve Proposed Ordinance No. 094-33 on first reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Vice Mayor Matson was not present. 4. Proposed Ordinance No, 094-34 Re: Rezoning - Palm Beach Groves City Attorney Cherof read Proposed Ordinance No. 094-34 by title only. Commissioner Aguila pointed out that if this is rezoned to agricultural and the owner wants to submit a site plan in the future, he needs to do a zoning change first. He wondered if this property could be rezoned to a comprobable residen- tial category. Ms. Heyden advised that she received a letter this evening from the attorney representing the owner of this property. The applicant requested that this be withdrawn for the reason stated by Commissioner Aguila. They would like a land use category that is residential rather than agricultural. Ms. Heyden stated that the Comprehensive Plan outlines compatible zonings with land use districts. The reason agricultural land use and agricultural zoning was selected was because that is the use on the property. Staff foresaw that this would be a temporary land use zoning. However, the applicant does not have any plans to develop at this time or in the near future. A week or two ago, Ms. Heyden met with the firm representing Palm Beach Groves. At that meeting, it was stated that staff would evalute this property for a - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 future land use category that would be appropriate for the future development of the property. However, that will not occur for another two years. Mayor Harmening stated that it should be annexed in as agriculture since it is currently active agriculture. City Manager Parker advised that the City Attorney has reviewed the letter from the applicant's attorney and recommended that this not be withdrawn. This is an annexation pursuant to our water and sewer agreement and they are now contiguous to the City. Motion Mayor Pro Tem Bradley moved to approve Proposed Ordinance No. 094-34 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Vice Mayor Matson was not present. 5. Proposed Ordinance No, 094-35 Re: Annexation - Knollwood Groves City Attorney Cherof read Proposed Ordinance No. 094-35 by title only. Motion Commissioner Katz moved to approve Proposed Ordinance No. 094-35 on first reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Vice Mayor Matson was not yet present. 6. Proposed Ordinance No, 094-36 Re: Land Use Element Amendment - Knollwood Groves City Attorney Cherof read Proposed Ordinance No. 094-36 by title only. ~otlon Commissioner Katz moved to approve Proposed Ordinance No. 094-36 on first reading. Commissioner Aguila seconded the motion, A roll call vote was. polled by the City Clerk. The motion carried 5-D. 7. Proposed Ordinance No, 094-37 Re: Rezoning - Knollwood Groves City Attorney Cherof read Proposed Ordinance No. 094-37 by title only. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-37 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 8. Proposed Ordinance No, 094-38 Re: Annexation - Sausalito Groves This item was tabled. - 26 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 9. Proposed Ordinance No. 094-39 Re: Land Use Element - Sausalito Groves This item was tabled. 10. Proposed Ordinance No. 094-40 Re: Rezoning - Sausalito Groves This item was tabled. I1. Proposed Ordinance No. 094-41 Re: Annexation - Heartland Health Care Center City Attorney Cherof read Proposed Ordinance No. 094-41 by title only. Hotlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-41 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. At this point in the meeting, Commissioner Aguila left the Chambers. 12. Proposed Ordinance No, 094-42 Re: Land Use Element Amendment - Heartland Health Care Center City Attorney Cherof read Proposed Ordinance No. 094-42 by title only. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-42 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Commissioner Aguila was not present. 13. Proposed Ordinance No, 094-43 Re: Rezoning - Heartland Health Care Cetner City Attorney Cherof read Proposed Ordinance No. 094-43 by title only. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-43 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Commissioner Aguila was not yet pres- ent. 14. Proposed Ordinance No, 094-44 Re: Annexation - Greentree Plaza I City Attorney Cherof read Proposed Ordinance No. 094-44 by title only. - 27 - NINUTE$ - REGULAR CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094-44 on first reading. ConTnissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0 Commissioner Aguila was not pres- ent. ' 15. Proposed Ordinance No, 094-45 Re: Land Use Element Amendment - Greentree Plaza I City Attorney Cherof read Proposed Ordinance No. 094-45 by title only. ,Not,on Vice Mayor Matson moved to approve Proposed Ordinance No. 094-45 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Commissioner Aguila was not present. 16. Proposed Ordinance No, 094-46 Re: Rezoning - Greentree Plaza I City Attorney Cherof read Proposed Ordinance No. 094-46 by title only. Notlon Vice Mayor Matson moved to approve Proposed Ordinance No. 094-46 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Commissioner Aguila was not yet pres- ent. At this point in the meeting, Commissioner Aguila returned. 17. Proposed Ordinance No, 094-47 Re: Land Use Element Amendment - Hunters Run Commercial Tract City Attorney Cherof read Proposed Ordinance No. 094-47 by title only. ~otlon Mayor Pro Tem Bradley moved to approve Proposed Ordinance No. 094-47 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 18. Proposed Ordinance No, 094-4B Re: Text Amendment - Hunters Run Commercial Tract City Attorney Cherof read Proposed Ordinance No. 094-48 by title only. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 094,48 on first reading. Commissioner Katz seconded the mOtion. A roll call vote was polled by the City Clerk. The motion carried 5-0. - 28 - MINUTES - REGULAR CITY COI~I$$ION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 C. Resolutions 1. Proposed Resolution No, R94-157 Re: Authorize execution of agreement between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891, [.A.F.F ........... TABLED Attorney Cherof requested that this resolution be left on the table. 2. Proposed Resolution No, R94-165 Re: Authorize execution of agreement between the City of Boynton Beach and the $chool Board of Palm Beach County to allow for EMT students to ride with rescue units of the Boynton Beach Fire Department to provide clinical internship time Attorney Cherof read Proposed Resolution No. R94-165 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-165. MaYor Pro Tem Bradley seconded the motion, which carried 5-0. 3. Proposed Resolution No, R94-156 Re: Authorize execution of agreement between the City of Boynton Beach and Palm Beach Community College for paramedic students' internship time Attorney Cherof read Proposed Resolution No. R94-166 by title only. Motion Mayor Pro Tem Bradley moved to approve Proposed Resolution No. R94-166. Commissioner Aguila seconded the motion, which carried 5-0. 4. Proposed Resolution No, R94-167 Re: Release of surety - Post, Buckley, Schuh & Jernigan for Torcivia Property Cleaning & Grubbing Operation at Residential Lot on Lakeside Harbor Drive Attorney Cherof read Proposed Resolution No. R94-167 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-167. Commissioner Aguila seconded the motion, which carried 5-0. 5. Proposed Reso)utlon No, R94-168 Re: Approve consultant proposal to revise Quantum Recreation Park Master Plan Attorney Cherof read Proposed Resolution No. R94-168 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-168. Commissioner Aguila seconded the motion. - 29 - NINUTE$ - REGULAR CITY COHNISSIOH NEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Mayor Harmening asked if the losing consulting engineer is doing any work for the City now. City Manager Parker advised they are still finishing up the CDBG work on 11th, 12th and 13th, and they are doing some work on the two parks at the north end of the City. Mayor Harmening asked this question because he thought we should pursue them very vigorously with regard to the blots they did on the stormwater drainage. Commissioner Aguila inquired if the agreement contains a provision that the City shall have ownership of the documents produced by the consultant. City Manager Parker answered affirmatively. Commissioner Aguila said we should get a copy of the disk if we do not have it so that Lawson Noble does not have to regenerate that, which would cost an additional $700.00. The Recreation and Park Director, Charles Frederick, was not sure the contract on the master plan project has this clause in it. The motion carried 5-0. 6. Proposed Resolution No, R94-169 Re: Amend Golf Course rate schedule Attorney Cherof read Proposed Resolution No. R94-169 by title only. ,Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-169. Mayor Pro Tem Bradley seconded the motion, which carried 3-2. Mayor Harmening and Vice Mayor Matson cast the dissenting votes. 7. Proposed Resolution No, R94-170 Re: Adopt job description for Department of Development Director Attorney Cherof read Proposed Resolution No. R94-170 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R94-170 Mayor Pro Tem Bradley seconded the motion. · City Manager Parker wished to add to Section 1 that the job description is ratified at grade 40. This does not involve a salary adjustment for the current employee. Mayor Harmening asked if this grade change from 39 to 40 automatically increases anything. City Manager Parker said no. The motion carried 5-0. - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 8. Proposed Resolution No. R94-171 Re: Abandoning an approximately 153.10 foot long portion of Railroad Avenue, and a 30 foot wide, unimproved public right-of-way, abutting the west property line of 513 and 515 S. E. 4th Street Attorney Cherof read Proposed Resolution No. R94-171 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-171. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz felt this would allow for an expanded use and more transient use of this building, which he was not in favor of. Ms. Heyden stated that several months ago, a gentleman came before the Commission wanting to change the Code to delete the limitation on the number of kitchens. Despite his request being denied, he wanted to pursue the site plan approval. The site plan approval is for a motel/apartment complex. However, because of the Code requirement, he still is only limited to a certain number of kitchens. Commissioner Katz asked what this abandonment will allow him to expand to. Ms. Heyden advised that he needs the City to abandon this property to meet his parking and setback requirements. Commissioner Katz did not think we should abandon property and, in this case, to encourage what might be a use that we might not be comfortable with in the future. Ms. Heyden said it is only a 30 foot wide right-of-way, which the City cannot use. In addition, we have been trying to put together a city-wide application. to abandon a lot of these alleys and rights-of-way. In response to Commissioner Aguila, Ms. Heyden said the owner has turned in his site plan application and received staff's comments. Since the use was changed, the setback requirements changed. In order to meet the Code requirements to resubmit, he needed to file this application. Therefore, if this does not get approved, she doubted he would pursue the application. If he only got fifteen feet, she did not know whether or not he would be able to meet staff comments. Mayor Harmening asked if staff recommended abandonment to put the property on the tax rolls. City Manager Parker advised that this abandonment would also eliminate the City's maintenance obligation. Mayor Harmening has never been in favor of abandoning City property, unless there is an extremely good reason for doing so. He stated that from time to time, we need rights-of-way to put in utilities. In addition, he was never in favor of abandoning all the alleys and rights-of-way. The motion carried 3-2. Mayor Harmening and Commissioner Katz cast the dissenting votes. - 31 - MINUTES - REGULAR CITY COHNISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 0 Proposed Resolution No, R94-172 Re: Seacrest Scrub Acquisition Project - Acceptance of Grant Reconciliation Statements and Grant Award Agreements Attorney Cherof read Proposed Resolution No. R94-172 by title only. Notion Commissioner Katz moved to approve Proposed Resolution No. R94-172. Vice Mayor Matson seconded the motion, which carried 5-0. 10. Proposed Resolution No. R94-173 Re: Authorize execution of contract with the Children's Services Council of Palm Beach County for the Juvenile First Offender Program in the Police Department Attorney Cherof read Proposed Resolution No. R94-173 by title only. Notion Vice Mayor Matson moved to approve Proposed Resolution No. R94-173. Commissioner Katz seconded the motion, which carried 5-0. 11. Proposed Resolution No. R94-174 Re: Authorize execution of contract with the Children's Services Council of Palm Beach County for the Recreation/Athletics/Police {R.A.P.} Program in the Police Department Attorney Cherof read Proposed Resolution No. R94-174 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R94-174. Commissioner Katz seconded the motion, which carried 5-0. Other Code Enforcement Lien Reductions (a) Patrtcla Slewert/Robert Ralley - 518 N. E. 2nd Street Scott Blasie, Code Enforcement Administrator, stated that this code violation dates back to 1988 for overgrown grass and weeds. At that time, the Code Enforcement Board levied a fine of $250 per day. It complied on October 18, 1988 and a fine accrued to $30,500. Ms. Siewert has had the task of paying the mortgage for the last several months. She has a contract to buy this rental property and intends to make some improvements and attempt to sell it. She has also had to pay several thousands of dollars in back taxes. Administrative costs total $730.15. The Code Enforcement Board voted 4-3 to rescind the fine. - 32 - HINUTES - REGULAR CITY COHHZSSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Hotlon Commissioner Aguila moved to rescind the fine, as recommended by the Code Enforcement Board, Commissioner Katz seconded the motion, Mayor Harmening pointed out that the City has incurred certain costs in establishing this lien, The motion carried 5-0. (b) Edward A, Cloutter - 608 H, E, 2nd Street Mr. Blasie advised that this case was cited in March of [994. The backyard was full of junk vehicles and Florida Holly. The Code Enforcement Board levied a fine of $150 per day. [t complied on Ouly 25, 1994. There is a $5,850 fine currently on the property. The Code Enforcement Board recommended reducing this fine to administrative costs of $826,18. There was discussion before the Code Enforcement Board regarding proper notification. The property owner did not receive a lot of his mail. However, according to the County tax rolls, the owner was living in the Meadows and was homesteaded there. The mail was returned unclaimed. Staff brought the violator before the Code Enforcement Board via a hand delivered affidavit to someone living at that address. Mr. Blasie did not think this person was related to the owner. tn response to Commissioner Katz, the owner of the property stated that this is rental property. He assured Commissioner Katz that this will not happen again. Mr. Blasie stated that once notified of the violations the owner took care of them in less than a week. ' Hotlon Commissioner Katz moved to rescind the lien to zero. Vice Mayor Matson seconded the motion. Vice Mayor Matson was in favor of rescinding the lien only because the owner complied within five to six days and because there was a problem verifying the mailing address. The motion carried 5-0. The Commission confirmed for Mr. Blasie that in both of these cases, the liens were rescinded and no administrative costs will be charged. 2, Executive Session Labor Negotiations City Attorney Cherof advised that he needs to update the Commission on our bargaining with the PBA, the FOP, the IBF&O, and if we do not get the agreement back, the Firefighters. - 33 - #INUTES - REGULAR CITY CONNISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 This Executive Session was scheduled for Monday, October 17, 1994 at 6:00 P. M. XI, UNFINISHED BUSINESS A, Discussion of Satellite Dish code changes City Manager Parker advised that at the previous meeting, the Commission re- quested staff to review the requirements pertaining to satellite dishes. The Codes of Boynton Beach, West Palm Beach, Boca Raton, and Delra Beach wer vided for the Commission's review. Y e pro- Commissioner Katz felt the Code should be changed to reflect that satellite dishes are not allowed in the front and side setbacks or on rooftops, they need to be screened on three sides, and that they cannot be higher than six feet, which would include the concrete base that supports the satellite dish. However, any satellite dish currently legally permitted that does not meet the the six foot requirement, should be grandfathered in. Commissioner Aguila felt that satellite dishes should not be allowed in the front under any conditions. However, he felt that if the property owner can prove beyond any doubt that there is no other alternative, they be allowed on the side. He felt satellite dishes should never be above the midway point bet- ween the fascia and the roof ridge; they should never be seen from any right-of- way; they should be landscaped as much as possible from all neighbors; they should not be mounted to the roof; only one should be allowed per single-family dwelling; and there should be a requirement of a conditional use for commercial uses. Mayor Harmening, Vice Mayor Matson, and Commissioner Katz did not want to open the door to allowing satellites dishes on the side at all. Attorney Cherof pointed out that the Code does not address satellite dishes in the rear yard of waterfront property. Commissioner Katz was not in favor of Commissioner Aguila's suggestion that satellite dishes be landscaped as much as possible. He wanted specific screening on three sides. He felt that if the satellite dish is attached to the rear of a house, then that acts as screening for one side and the other two sides have to be screened. Commissioner Aguila felt the house does not count and the satellite dish would still have to be screened on all three sides. Vice Mayor Matson felt we need language stating that the height of the screening device or material shall be equal to or exceed the height of the satellite dish. Mayor Pro Tem Bradley wondered if one of the issues that needs to be considered is the whole idea that southern exposure is optimal and if you do not have southern exposure, then you are in the realm of problems. City Manager Parker advised that the current Code does not allow satellite dishes in any side or rear yard. They must be screened on three sides and can- not be mounted to the house or building. ' - 34 - #INUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Commissioner Katz felt we should allow mounting to the rear of the house. Vice Mayor Matson did not want satellite dishes on the roof, in the front or in the sides, and she wanted them screened on three sides. ' Commissioner Aguila wondered if we can limit the market to the satellite user. Mayor Harmening pointed out that with technology today, you do not need a thirty foot dish in order to receive quality reception. He felt it was within the police powers of the City, based on health and welfare, to regulate the size. Attorney Cherof felt the City can limit satellite dishes to six feet. Mayor Harmening advised that according to Mr. Blasie, Mr. DeLiso has room in his back yard to set up a satellite dish without violating the ordinance. Mr. Blasie confirmed this. He said Mr. DeLiso would just have to remove some banana trees. Commissioner Aguila asked why we care if it is mounted to a mast. Mayor Harmening said satellite dishes tend to get higher when mounted to a mast. He also pointed out that in the event of a hurricane, if it is not removed it can be blown down. In addition, if mounted to a house, we get into a more difficult screening mode because it gets higher. He also pointed out that Mr. DeLiso can argue that his satellite dish is ground mounted because the end of the mast is in the ground. Vice Mayor Matson asked if the Commission would like to insert language, limiting it to one satellite dish per residential unit. Mayor Harmening asked if the Commission wanted to allow satellite dishes to be fastened to the fascia of the house or some part of the wall of the house and be allowed to be up in the air. Commissioner Aguila felt that would be a mistake. Vice Mayor Matson did not want it in the air. Commissioner Katz suggested allowing satellite dishes to be attached to the rear of the house, but they cannot be higher than the fascia. Mayor Harmening and Commissioner Aguila pointed out that this would typically be seven to nine feet high. Mayor Harmening stated that in some cases, depending on the slope of the ground in the immediate area where a satellite dish might be mounted, it might even get up to ten or eleven feet. Vice Mayor Matson thought we were limiting satellite dishes to six feet high. Mayor Harmening said that would rule out allowing them to be mast mounted or secured to the building. Mr. Blasie pointed out that some houses have two stories. City Manager Parker stated that the six foot provision would kick in before the house provision would kick in. Mayor Harmening agreed that the six foot provi- sion would be overriding and controlling. Vice Mayor Matson asked if the Commission wanted to address waterfront property. Commissioner Aguila stated that the landscaping will take care of that. - 35 - HINUTE$ - REGULAR CITY COI~IISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 Commissioner Katz reiterated that even though they do not meet the criteria set forth, all satellite dishes currently permitted shall be grandfathered in. Commissioner Aguila reiterated that language will be added that satellite dishes cannot be more than six feet in height, cannot be mounted, and only one per single-family unit is allowed. William Hukill, the Director of Development, felt the Code should say "residential" and not be limited to single-family and duplex homes. Mayor Harmening and Commissioner Aguila disagreed. Commissioner Aguila pointed out that there could be an apartment complex with twelve buildings. He and Vice Mayor Matson felt multi-family residential should be treated as a conditional use. Commissioner Aguila felt commercial districts should also be treated as conditional use approvals on commercial uses. XIV, CITY MANAGER'S REPORT City Manager Parker introduced Dale Sugarman the new Assistant City Manager as of today. ' XV, OTHER None. XVI, ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 11:20 P. M. ATTEST: Recording Secretary (Five Tapes) THE CITY OF B~tNTON BEACH -- Mayor Vice Mayor -~' ~f~----~----i[-~ o Tern ~issloner L.,_~.~ ' Co~issione~ - 36 - AGENDA OCTOBER 3, 1994 III. CONSENT AGENDA D cc: Finance Recreation Utilities e e e ABLE LAWNMOWER SALES & SERVICE ........................ $1,404.00 P.O. 5544. PARTS FOR WEEDEATERfNEW CHAINSAWS FOR HURRICANE PREPAREDNESS PAY FROM GEN FUND -- 001-722-5-641-00 ACCUFORM GOLF LIMITED ...................... .... · ......... $2,045.67 P.O. 7822. RAKES FOR BUNKERS & CARTS PAY FROM GOLF COURSE REV FUND -- 411-726-5-318-00 ADVANCED DATA PROCESSING, INC ........................... $4,684.52 P.O. 5694. SERVICE CONTRACT INSURANCE, BILLING AND COLLECTION FOR ALS CALLS PAY FROM GEN FUND -, 001-221-5-468-00 AMERIDATA .................................................. $2,010.00 P.O. 7671. COMPUTER FOR GOLF COURSE PAY FROM 411-726-5-680-09 ASHLAND CHEMICAL COMPANY ............................... $5,912.50 P.O. 5833. SODIUM HYDROXIDE PAY FROM W & S REV FUND -- 401-336-5-365-00 ATLANTIC COAST FIRE EQUIPMENT INC ....................... $2,725.00 P.O. 7771. FURNISH/INSTALL EXTINGUISHER SYS. PAY FROM PUB SERV TAX CONST -- 301-221-5-629-36 B.L.C. LAWN & MAINTENANCE ................................. $4,342.00 P.O. 6246. LANDSCAPE MAINTENANCE PAY FROM GEN FUND -- 001-722-5-430-15 CCG SYSTEMS, INC ............................................ $1,445.00 SUP SERV FASTER FLEET MGMT S¥S 10/94- 9/95 PAY FROM VEH SERV FUND -- 501-193-5-430-19 CH2M HILL ............... ..................................... $2,480.12 UTILITY DEPT. GEN ENGINEERING SERVICES PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $165.66 W & S UTIL REV FUND -- 421-000-0-691, $186.40 W & S UTIL REV FUND -- 421-000-0-690-21, $2,128.06 C ,OlVlMISSION APPROVAL 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. CHEMICAL LIME COMPANY ................................... $4,467.75 P.O. 5716. LIME FOR CHEMICAL SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 COASTAL CONSTRUCTION PRODUCTS ......................... $2,636.01 P.O. 7951. PAINT FOR CITY HALL PAY FROM PUB SERV TAX CONST -- 301-194-5-634-12 COMPUTER GOLF SOFTWARE ................................. $3,350.00 ANNUAL MA1NTE CONTRACT 10/94 9/95 PAY FROM GOLF COURSE REV FUND -- 411-725-5-430-07 CRESTLINE CO. , INC ........................................... $1,833.26 P.O. 7667. SAFETY AWARDS PROGRAM PAY FROM SELF INS FUND -- 622-195-5-386-00 DAVID CASE'S STREB'S RESTAURANT .......................... $1,000.00 CATERING FOR EMPLOYEE PARTY PAY FROM MISC TRUST FUND -- 691-000-1-693-15 HALSEY'S ' $3,724 46 P.O. 6946. OFFICE SUPPLIES/STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 HIGH REACH EQUIPMENT ..................................... $1,660.40 P.O. 7913. EQUIP RENTAL FOR. CITY HALL PAINTING PAY FROM PUB SERV TAX CONST -- 301-194-5-634-12 JOHNSON YOKOGAWA ........................................ $5,697.70 P.O. 5657. CALIBRATION CONTROL PAY FROM W & S REV FUND -- 401-336-5-499-00 JONES CHEMICALS INC ........................................ $3,199.40 P.O. 5654. CHLORINE PAY FROM W & S REV FUND -- 401-335-5-363-00 KILDAY & ASSOCIATES ........................................ $2,956.65 PROF LANDSCAPE SERV FED HWY MED. FOR 8/94 PAY FROM PUB SERV TAX CONST -- 301-722-5-635-04 LARUE PLANNING & MANAGEMENT SERVICES ................. $1,200.00 MGMT ASSIST. PER CITY COMM AGREE. 5/17/94 PAY FROM GEN FUND -- 001-121-5-468-00 COMMISSION OC'[ $ 1994 APPROVAL 21. LAWMEN'S & SHOOTERS' SUPPLY INC. P.O. 6952. RESTOCK OF RIFLE RANGE PAY FROM GEN FUND -- 001-211-5-381-00 ......................... $1,881.19 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. MIKE'S ELECTRONICS P.O. 7931.AMATEUR RAI~i6~ '~'t~6~I3' ~'~p~ ~I'S'/~'~'i ~]~ .......... $1,639.85 PAY FROM PUB SERV TAX CONST -- 301' 197-5-690-05 MOTOROLA, INC ............................................... $4,274.00 P.O. 7310. REPLACE RADIOS DAMAGED 4/15/94 PAY FROM SELF INS FUND -- 622-195-5-440.01 MOTOROLA ........................ REPROGRAM & MODIFYING PORTABL~ 1~'I~6~ ................... sn,68S.00 PAY FROM GEN FUND -- 001-197-5-431-00 N. P. B. C. WATER CONTROL DISTRICT ......................... $1,308.37 WATER QUALITY MON. 5-YEAR PERMIT PAY FROM STORM WAT UTIL FUND -- 425-000-0-692-10 PEROXIDATION SYSTEMS ..................................... $7,765.00 P.O. 5582. HYDROGEN PEROXIDE PAY FROM W & S REV FUND -- 401-352-5-365-00 PRIDE OF FLORIDA P.O. 5592. VEIlICLE SE~f6~ ...................................... $2,237.51 PaY FROM VEIl SERV FUND-- 501-193-5-322-00 SEWELL, TODD & BROXTON .................................. $17,918.47 ADMINISTRATION FEES ON OPEN CLAIMS PAY FROM SELF INS FUND -- 622-195-5-468 SNAP-ON TOOLS CORPORATION ............................... $2,464.20 P.O. 6370. UPGRADE SCOPE PAY FROM -- VEH SERV FUND -- 501-193-5-642-00 STANLEY CONSULTANTS, INC ................................. $3,400.51 DAMAGE ASSESSMENT DUE TO LIGHTNING PAY FROM SELF INS FUND -- 622-195-5-440-01 TARE LAWN MAINTENANCE ................................... $5,903.00 P.O. 5781. LANDSCAPE MAINTENANCE SERVICE PAY FROM GEN FUND -- 001-722-5-430-15 COMMISSIO OCT 8 .1994 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. 1RECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION OCT 8 ]994 APPROVAL