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Minutes 01-07-93#INUTES OF THE SPECIAL CITY COMMISSION NEETING HELD IN CONNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JANUARY 7, 1993 AT 5:30 P.N. PRESENT. Arline Weiner, Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner {arrived late} Carrie Parker, Assistant City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Weiner called the meeting to order at 5:30 p.m. She announced that due to illness, Vice Mayor Matson would not be present. Commissioner Walshak had not yet arrived. REVIEW OF COMMUNITY DESIGN PLAN Planning and Zoning Director Chris Cutro explained that at Commissioner Aguila's request, the City Commission authorized staff to review the Community Design Plan and make recommendations regarding necessary adjustments. A slide presen- tation was prepared to assist in the explanation of some of the recommendations. The present Community Design Plan is an adopted Ordinance in Chapter 5 of the building section of the Code. This Plan, adopted in 1990, set a specific list of architectural styles for certain areas throughout the City. The styles include mediterranean, modern and coastal village. The coastal village theme is primarily located in the eastern portion of the City; however, some areas in the western portion of the City also follow this theme. The mediterranean theme is used in the Congress Avenue corridor as well as along Boynton Beach Boulevard and Woolbright Road. The modern theme is used in various areas, especially near Bethesda Hospital. Mr. Cutro used slides to show specific areas throughout the City. The first slide depicted the BP Service Station and two other buildings east of the sta- tion located on Woolbright Road. He pointed out that although the architectural style of this area should be mediterranean, there is only a slight hint of this style in the area. Mr. Cutro explained that pedestrian orientation was emphasized in the Community Design Plan; however, in many areas, these features are inappropriate. A slide was viewed of Boynton Beach Boulevard across from City Hall. It showed how the Plan forced the Kentucky Fried Chicken building to be moved out to the sidewalk while all other buildings in the area are oriented to vehicular parking in front. Mr. Cutro also stated that the current Community Design Plan does not place any emphasis on buildings being compatible with each other from site to site. In order to comply with Code, builders are being forced to incorporate an architec- tural style. He used the Office Depot building as an example. ,This building recently added a Spanish tile roof, but the building is a 1950s type building - 1 - 'NINUTE$ - SPECIAL CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1993 which had possibilities for highlighting or banding. Those possibilities have been obliterated completely. The slide further showed how the building next to Office Depot was not styled in relation to the complex and sits there like a large box. Further, there is no flexibility built into the Community Design Plan. There are no variance or appeal procedures in place. The review proce- dure is spread throughout three sections of the Code; part in Chapter 19, part in Chapter 5 and the remainder is in Appendix "A". With regard to principles of good design, Mr. Cutro displayed a slide depicting Espanola Way in Miami. The stretch of buildings are pedestrian oriented. Sidewalks are wider than normal with the streets only approximately 15 feet wide. The buildings are located on the front setback line. The buildings are only two to three stories in height and contain matching decaling and banding. Further, all of the colors work with each other and the landscaping compliments the buildings. Mr. Cutro explained that the proposed new Code does not advocate one architec- tural style. It would be extremely difficult to impose a particular style since so many architectural styles currently exist. What is stressed in this new Code is that the architecture of the structure must relate to the architecture around it. If a predominant style already exists, then that style should follow through. The detailing of the building should be based on the use and buffering will be stressed. Further, internal compatibility will be stressed. Mr. Cutro explained that internal compatibility means the wall materials will match the materials used for the building. Lights will have relationship to the size of the building and the signs and landscaping should relate to and enhance the structure, not overwhelm it. A formal review process has been incorporated into this new Code in an effort to eliminate some unneeded reviews. On a major review, the City Commission and Planning and Development Board will review it. On a minor review, staff will make a ruling on whether or not it complies. The City Commission, Planning and Development Board and City Manager will then be notified that it was approved and there will be an appeal period. The new guidelines will deal more realistically with a "built" environment. The requirments for details are not a necessity. Mr. Cutro is of the opinion that many of the current Code requirements are unnecessary. The review process can be made easier for smaller existing developments by widening their palette of choices. For new buildings, the architects will be given more design freedom. By stressing the need to bring the entire block into play, their ability to design is enhanced. Staff is seeking authorization to work with the City Attorney to clarify this proposal. It will then go before the Planning and Development Board and be brought back to the City Commission for consideration as an Ordinance or as guidelines. Commissioner Harmening feels the inception of this Plan might cause a great deal of dissension among the business corrmunity because they will be required to make many changes when a repair is necessary. Mr. Cutro pointed out that is what -2- *#~NUTE$ - SPECIAL CITY C01~$$~0N #EET~NG BOYNTON BF..ACH, FLORIDA JANUARY 7, 1993 happens now. Coffl~issioner Aguila feels this Plan will change that procedure. He explained that he objects to the requirements of the current Ordinance where- in a specific address requires a specific architectural style. Commissioner Aguila originally intended to suggest eliminating the entire Community Design Plan, but he realized that would create more problems. This proposed Plan lists some good design guidelines which will establish patterns. Corrmissioner Aguila feels anyone wanting to make positive changes should be permitted to do so without having to do anything more than he wants to do. However, any substan- tial changes would have to go through a review process so that a determination can be made that they are moving in a positive direction. This plan would pro- vide criteria for use by the Planning and Development Board. Commissioner Aguila further explained that nothing new is being created by this Plan. All this Plan does is provide the designer or developer with good-taste guidelines. Mr. Cutro said it will be easy to establish parameters on what is covered by this new Plan. It will be necessary to establish what is a minor change as opposed to what is a major change. Maintenance situations should probably not be reviewed, but a full renovation of a building should be reviewed. Commissioner Aguila thinks it should be staff's responsibility to deal with the Code issues, and the Planning and Development Board and City Commission should deal with how the development fits into the community. Mayor Weiner wondered if this Plan would make it easier for a person to develop his lot the way he wishes. Commissioner Aguila believes it will while Commissioner Harmening feels there is no definitie answer since this is a very subjective matter. He feels this is an architectural review. Commissioner Aguila feels that by taking over the responsibilities of the Community Appearance Board, the Planning and Development Board should be looking for how the aesthetic quality will affect the community. He feels this Plan will be a step in the right direction. Again, Commissioner Aguila stated that people tend to forget that what'they do within their property lines affects everyone around them. He feels people must be made to realize how their buildings will impact the community. These guide- lines will begin to deal with that situation. Commissioner Harmening referred to Section 4a of the proposed Plan and pointed out that saving existing landscaping or natural vegetation is not always good. That decision should be made based on what type of vegetation is on site. Mr. Cutro will clear up this language. Commissioner Aguila suggested encouraging the use of materials which are on the South Florida Water Management District list. That list.contains non-native trees which are good xeriscape-type trees. Hotlon Commissioner Aguila moved to authorize the Planning Director to move ahead. Commissioner Harmening seconded the motion which carried 4-0. MAYOR WEINER DECLARED A RECESS UNTIL 6:30 P.M. -3- MINUTES - SPECIAL CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA ~IANUARY 7, 1993 STORNWATER UTILITY AND NANAGENENT PLAN Nike Kazunas, Utility Engineer, explained that the purpose of this meeting is to review the Master Plan and Utility Rate Study. These two items are related and yet, independent. The Master Plan is a requirement of the Comprehensive Plan and at some point, must be adopted. Mr. Kazunas distributed copies of the ini- tial Task Order and Contract. Armando Perez~ of Canq), Dresser & NcKee introduced Llsa Abernethy, Alan Wetepny of Nook, RoDs & Associates, and John Goldman. Mr. Perez used an overhead pro- jection presentation. The Stormwater Master Plan has several major tasks associated with it. The tasks involve data inventory, assistance in obtaining data, a mapping effort for identifying basins and pipes, a capacity analysis which led to calculating capi- tal costs for the recommendations, and a discussion of best management practices which will play an increasing role in the Federal NPDES program as it develops. An overhead map was displayed depicting the City priority areas which were iden- tified for the study. Priority Area #1 This area encompasses the Post Office and Dunkin' Donuts on Boynton Beach Boulevard. There are two drainage systems in this area which are part of the D.O.T. system. It was determined that the pipes are large enough to handle the required flows. The problem is one of maintenance. There is a sag in the road- way which may have been the result of construction. Mr. Perez recommends having this problem corrected through D.O.T. In the area of Dunkin' Donuts, the problem involves a great deal of pipe clogging and it can be resolved by having D.O.T. clean out the pipes. Mr. Perez recommends working with D.O.T., a program of regular maintenance and, perhaps, the addition of an inlet in the Post Office area. The addition of the inlet is something D.O.T. should handle. Mayor Weiner reported an enormous problem on the south side of Boynton Beach Boulevard, while Commissioner Walshak spoke of a problem on the north side of the road. He wondered how many laterals were in that area. Mr. Goldman explained that there are inlets on both sides of the road. The roadway grades into a "V" pattern. If the trunk system is clogged, the water will back up through both pipes. Commissioner Walshak reported that D.O.T. was asked to clean out the system and he thought their response indicated the City would be reimbursed for the cleaning. Mr. Goldman stated that he spoke with D.O.T. and there was no mention of reimbursement. In response to Commissioner Aguila's question, Mr. Kazunas stated the City pro- vided the four priority areas which were part of the Task. Commissioner Aguila said there is a problem on the roadway in front of Paz Plaza which is located west of the Post Office. Mr. Perez said that area was not studied. -4- #INUTES - SPECIAL CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA ~IANUARY 7, 1993 This area involves West Industrial Avenue in the location of 1-95 and Boynton Beach Boulevard. The problem in this area involves flooding and lack of storm- water conveyances to remove the water. There is piping along Boynton Beach Boulevard, but there were concerns about its capacity. The study investigated handling the water prior to its discharge into the pipe. A collection system was developed. The water would be collected in a pond and percolated down into the ground and only during very large storm events would there be an overflow of the pond into the system. The pond would be located on a piece of property in the northwest quadrant. The cost of that piece of property would be approxi- mately $250,000.' Cormaissioner Aguila questioned the research which was done to learn whether or not that property could be purchased for the purpose intended and how the figure was derived. Mr. Perez said general research was done of prices in the area. Commissioner Aguila wondered if an alternate plan was pre- pared in the event the property owner did not wish to sell. Mr. Perez responded that there is a possibility exfiltration trenches could be used in such a situation; however, because of the good percolation capacity of the soils, it would be more efficient to have the percolation take place in one location. In response to Commissioner Harmening's question, Mr. Goldman said it would be possible to use a percolation pond one third smaller than the one planned. Mr. Perez pointed out, however, that it would be to the City's advantage to design the pond larger than that required by the South Florida Water Management District so that a larger storm can be captured. The estimated cost for Priority Area #2 is just over $1.2 million. Responding to Commissioner Harmening's question about the usefulness of swales, Mr. Perez stated there was a very small area for swales in this location. Commissioner Aguila feels the swales would be destroyed because of the use in the area and Commission Walshak stated that all the curb cuts and driveways are in place. Prtort~ Are~ #3 This area is bounded by Boynton Beach Boulevard and Seacrest Boulevard. This area experiences a great deal of flooding. No outfall is available and the area is characterized by sand dunes. There are percolation trenches along some of the streets, but they are smaller than they should be. The study recommends a program of exfiltration trenches which should be done in a phased manner. They would begin with two systems and expand outward to addi- tional Streets. Systems would then be installed to the east as well. The ca- pacity of this soil to absorb water is good. The estimated cost of this program for Priority Area #3 is $1.2 million. Commissioner Harmening questioned Mr. Perez with regard to the life expectancy of exfiltration trenches. Mr. Perez explained that maintenance plays an impor- tant part in the life expectancy, but with no maintenance whatsoever, the life expectancy is approximately five years. -5- *#INUTE$ - SPECIAL CITY CONNIS$ION #EETING BOYNTON BEACH, FLORIDA ~IANUARY 7, 1993 Priority Area #4 This area involves 1-95 and Boynton Beach Boulevard. Although there are flood- ing problems in this area, the flooding is concentrated around the inlets. An analysis of the stormwater system was done and it was found that the collection system is adequate to handle most storms. However, peak storms cannot be handled. The first idea considered was enlarging the pipes along Boynton Beach BoUlevard, but because of the uncertainty involved in future connections, it was decided to investigate different means of handling the stormwater. A determination was made to 9o with exfiltration systems at different locations. Since there is not a great deal of flow, the system would be able to handle it except in peak storms. Another alternative was to redo the piping and convey part of the flow northward to the Boynton Canal. Commissioner Harmening pointed out that there is already a system in that location. The current system would have to be reconfigured to handle additional flow; however, from the standpoint of permitting, the City would exceed the amount of flow which is currently being discharged and that may create resistance from the agencies who would review it. It is recommended that an exfiltration system be used. The estimated cost for this recommendation is $100,000. In response to Commissioner Harmening's question with regard to overflow, Mr. Perez stated the system will overflow at the peak of a three-year and five-year storm. RECOI~tENDATION$: 1. Area #1 - Work with D.O.T. to minimize the costs to the City. 2. Area #2 - (Industrial Area) - Installation of a system of new pipes and a percolation pond at a cost of $1.2 million. Area #3 - (area southwest of City Hall) - Installation of exfiltration trenches at a cost of approximately $1.2 million. Further, a phased approach is recommendation beginning with the worst streets. 4. Area #4 - Installation of exfiltration trenches at a cost of $84,000. With regard to best management practices, the report contains a discussion with regard to water quality oriented type situations which should be considered. Some of these items include streetsweeping and swales. More specifications will have to be developed upon implementation of the stormwater requirements. It was confirmed by Bob Eichorst, Public Works Director, that the anticipated date of delivery for the City's streetsweeper is February, 1993. Commissioner Walshak raised the discussion of the flooding problem being experienced by the residents of the Costa Bella subdivision. This subdivision is located on the north side of Old Boynton Beach Road just east of the Sky Lake subdivision. It was explained to the Commission that the Master Plan cannot anticipate flooding problems and this area was not included in that Master Plan. -6- ''#INUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA dANUARY 7, 1993 Commissioner Walshak explained that this area should be considered a priority because of the problems which have been created for the residents in the area. Mr. Kazunas stated that although certain Priority Areas.were selected for the study, there is no reason why the City cannot handle Costa Bella as its Priority Area #1. Commissioner Walshak asked Mr. Kazunas to keep this situation in mind. FUNDING STUDY Mr. Perez explained that the objective of the funding study is to look at funding mechanisms to provide the different functions related to stormwater. Those functions include maintenance, construction and water quality. The Study consisted of two phases. The first phase is a funding study which is similar to a water and sewer rate study. The objective is to calculate approximately what rate would have to be charged to cover the costs identified. The second phase is the implementation phase which consists of working with the CitY to develop the mechanics of sending out bills, preparing data for calcu- lating the charges and working with Data Processing to get the information onto a data base. Mr. Perez quoted the definition of a stormwater utility from the Florida Administrative Codes. He pointed out that there is a relationship between the amount of the charge and the contribution of runoff as opposed to a tax on the value of the property. The report contains charts with funding alternatives. The charts depict the required functions. Mr. Perez reported that, in his opinion, there are only two funding mechanisms capable of carrying out the functions. Those two funding mechanisms are the Stormwater Utility and the General Fund. The charges would be based on unit rate times a billing unit. On-stormwater, the billing unit is based on a "yardstick" which is the amount of impervious {paved) area. There are two systems of calculating the "yardstick". The first one is the SFU {Single-Family Unit} which consists of the average impervious area of all the single-family parcels in the City. The average impervious area for single- family was approximately 2,500 square feet. The other method of calculation is ERU {Equivalent Residential Unit). This figure is based on the average impervious area for all of the residential par- cels combined. That includes single family, multifamily, mobile homes, condos and apartments. The average square footage was estimated at approximately 1,900 square feet. Mr. Perez reported that the system most favored is the ERU system because it is the easiest system to implement. Using this system, every housing unit is billed the same amount of money. In the SFU method, all single-family units are charged the same amount of money, but it is necessary to calculate individual bills for multifamily, mobile homes and condominiums. -7- 'MINUTES - SPECIAL CITY C01414I$$ION #EETING 80YNTON BEACH, FLORIDA ·]ANUARY 7, 1993 In response to Commissioner Aguila's question, Mr. Perez explained that individ- ual bills are calculated for commercial properties because of the variation of impervious areas involved in this category. Commissioner Aguila further pointed out that with most single-family and multifamily dwellings, the runoff fills their retention ponds and when that is full, the remainder of runoff is handled by a drainage system. This is not really impacting the drainage system in the manner in which commercial properties impact the system. Mr. Perez explained that during the calculations, the directly-connected impervious areas have been separated out. These directly-connected impervious areas are rooftops which will drain down into the soil. This calculation was done for all of the cate- gories of residential and when this is calculated proportionately, the values are comparable for the different residential categOries. Therefore, the conclu- sion is that in the residential category, the charges are equally distributed. The calculations for commercial property are entirely different. Non- residential is individually calculated by taking the impervious area and dividing it by the yardstick ERU. Mr. Perez noted that as development in the City grows, the numbers will change. In looking at 1992, there were approximately 35,900 ERUs. If $1.00 per ERU is charged, the City would derive a revenue of approximately $400,000. Calculations were also provided for areas outside of the City. Lisa Abernethy reviewed the calculations of possible charges for Boynton Beach. ~r meetings with staff, percentages were developed based on the departments' involvement with the stormwater utility functions. The departments involved are Public Works, Streets, and Utilities. She displayed charts showing the budget over a five-year period. The total stormwater budget developed for 1991/92 amounted to $290,000. Two scenarios were developed to provide a low and a high end of what can be done with the stormwater utility. In Scenario #1, using 35,900 ERUs, if the City maintains the current funding through the General Fund, the City would add an additional 90¢ per unit per month to the utility bill. From the $324,000 of generated revenue, it would be necessary to deduct the projected expenses. The rate would increase during the fourth year. In Scenario #2, the ultimate level of an enhanced program is considered. This enhanced program would be handling the four Priority Areas. The customer base is the same, but the rate is higher. During the first year of such a program, there will be a $98,000 carryover. To keep the costs level, this money could be brought into the next fiscal year for operating expense use. The enhanced program would allow bringing on line all of the necessary equipment and it would provide consideration for the NPDES costs. With regard to alternative billing methods, non ad valorem assessments is a single line item which appears on the tax bill. There are many constraints behind this method. Further, an in-house, separate system can be instituted as an attachment to the utility bill or a vendor could be used. The problem with using a vendor is collection. When the charge is incorporated into the utility bill, if it is not paid, the water service can be turned off. -8- ~ ~ MINUTES - SPECTAL CITY COMt41'SSION #EETING BOYNTON BEACH, FLORIDA ,,1AHUARY 7, 199:3 Camp, Dresser & McKee concludes that the customer base should be the developed parcels within the incorporated areas of the City. The billing mechanism to attach the stormwater fee to the existing utility bill and the user charge should be the enhanced program or some variation of that program. Further, they recommend the ERU methodology since it is the easiest system to administer. With regard to implementation, in order to produce revenue in the next fiscal year, the City Commission would authorize going forward with Phase II implemen- tation. This implementation will take approximately six to eight months. If Phase II was started in February, with the help of City staff with regard to verification, an Ordinance would have to be adopted establishing the utility by June, 1993. Billing and collection procedures would be developed during this process. The fee would be integrated into the existing system by July, 1993 and the first bills would be issued in August, 1993. Commissioner Harmening remarked that at least one or two months is needed to absorb the information which was presented. Mayor Weiner was assured that there is no risk to the City if this project is delayed for the time being. Mayor Weiner thanked the representatives for the presentation and stated the Commission will take this under advisement and get back to them in the future. Commissioner Harmening congratulated them for a good Master Plan. However, he did note that the cost was somewhat high. ADJOURNMENT There being no further business to come before the Commission, Commissioner Aguila moved to adjourn the meeting at 7:45 p.m. Commissioner Harmening seconded the motion which carried unanimously. ATTEST: Ci t~y~;~C1 erk ~9/cor lng Secretary ~' (Two Tapes) THE CITY OF BOYNTON BEACH Mayor Vice Mayor ~ssioner -9-