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Minutes 05-21-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 21, 1991 AT 7:00 P. M. PRESENT Jose' Aguila, Commissioner Lillian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Shannon Burkett, Deputy City Clerk City Manager Miller called the meeting to order at 7:05 P. M. and announced that Mayor Arline Weiner was ill and Vice Mayor Ed Harmening was on vacation. The first order of business was to appoint a Chairperson pro tem. for the meeting. Commissioner Aguila moved to appoint Lynne Matson as Chair- person pro tem. of this meeting, seconded by Commissioner Artis. Motion carried 3-0. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Aguila. AGENDA APPROVAL Because of the absence of an important portion of the City Commission, Commissioner Aguila.suggested the Commission might want to dispense with some of the items on the agenda for a couple of weeks. Chairperson pro tem. Matson thought the Commission should take the items as they come on the agenda. If anyone feels an item should be tabled, they can make a motion. Under "CONSENT AGENDA, D. Approval of Bills", City Manager Miller added "Auxiliary Power Systems". He explained this was a bid awarded by the City Commission several months ago in the amount of $115,155. City Manager Miller postponed "1. Proclamations: a) National Safe Boating Week" under "ANNOUNCEMENTS" because representatives could not be here tonight to accept the Proclamation. The item was postponed until the June 4, 1991 meeting of the Commission. Since the City did not have all of the appropriate information on the applicant, City Manager Miller deleted from the agenda "Pro- posed Resolution No. 91- Re: Barge rental for fireworks display", which appeared under "LEGAL, C. Resolutions." Commissioner Aguila moved, seconded by Commissioner Artis, to approve the agenda as revised. Motion carried 3-0. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 ANNOUNCEMENTS 1. Proclamations: a) National Safe Boating Week - June 2 through June 8, 1991 This item was postponed until June 4, 1991. APPROVAL", page 1 of these minutes.) (See "AGENDA b) Correct Posture Month - May, 1991 Chairperson pro tem. Matson read pertinent portions of the Proclamations. BIDS None. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Description: D & D Beauty Salon and Sales Johnnie Lee Davis, Jr. Judith Gibson 311 N. Seacrest Boulevard; Seacrest Boulevard at N. W. 3rd Court, northwest corner CONDITIONAL USE: Request for condi- tional use approval to allow for the establishment of a 900 square foot beauty salon within an existing office building Christopher Cutro, Planning Director, informed the Commission this request was for a beauty salon in a C-1 zoning district. The City Staff recommended approval. The Planning and Zoning (P&Z) Board also recommeded approval. Johnnie Lee Davis, Jr., Lessee, 311 North Seacrest Boulevard, stated they need to have the landscaping put in and the driveway restriped. He will pay for having the driveway re- striped, and his brother will take care of the landscaping. Mr. Davis had no objections to the staff comments. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 As no one else wished to speak in favor or in opposition to this request, THE PUBLIC HEARING WAS CLOSED. Commissioner Aguila moved to approve the conditional use, subject to staff comments. Commissioner Artis seconded the motion, and the motion carried 3-0. B. Project Name: Agent: Owner: Location: Description: Busch's Seafood Restaurant Craig Livingston Mrs. William Lambrakis 1120 S. Federal Highway: Federal High- way (U. S. 1) at S. E. llth Avenue (Castilla Lane), southeast corner CONDITIONAL USE: Request for condi- tional use approval to convert an existing bank and to construct an addi- tion to establish a 6,635 square foot restaurant Mr. Cutro apprised the Commission this was a conditional use request for the expansion of an existing structure to establish a 6,635 square foot restaurant. As a supplement to the backup that was prepared for the P&Z Board, Mr. Cutro said there was also an economic analysis they prepared. In terms of direct income, this project would mean $30,000 coming into the City. That would be $25,000 for water and sewer fees and an additional $5,000 for building permits-. Mr. Cutro stressed that these were approximate figures. In addition, there would be ad valorem taxes of approximately $5,000, sales tax of approximately $6,600, and licenses of about $1,100. That would come to about $12,700 minus what is presently being paid on taxes, which would net to about a $9,000 increase in terms of the overall value. There would be a $3,300 impact fee for Palm Beach County as well as taxes. The indirect financial effects were hard to pin down, but Mr. Cutro said the Planning Department used its imagination. He knew approximately 75 jobs would be involved. There would obviously be a positive impact on the City if Busch's moved here. Good restaurants spark competition, and the restaurant quality could be expected to go up. Boynton Beach would also become a destination point for people going out in the evening. Mr. Cutro said the City Staff recommended that this be denied. The P&Z Board also recommended denial. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Craig Livinqston, Architect, 323 North Federal Highway, Suite C, Boynton Beach, FL 33435, said the building was built in the early 1920s. It was originally proposed as Lee Manor Inn, and the existing building was used as a restau- rant. Mr. Livingston gave the history of the property and showed photographs of the existing building. As part of the renovation of the building, they plan to incorporate some of the stature of the building itself and also maintain the ambiance of the site. Mr. Livingston said the building does not meet the existing Code. He stated that the restaurant and bar will have 175 seats. There will be 154 seats for dining and 21 bar seats. They intend to repave and restripe their parking lot to meet the City Code and will also add to the existing landscaping. They will maintain the existing trees, although they will be removing one tree. All mechanical equipment will be screened. The compactor will be sanitized, equipped with hot water, and screened with landscaping and a solid wood fence to match the exterior of the building. A filtering system will be used for the food odors as part of the ventilating system for the kitchen. The building will have high ceilings that wil be acoustically treated, and the kitchen will be air-conditioned so no sounds will be leaving the building and disturbing residences to the east. Mr. Livingston informed the Commission that the kitchen will close at 10:00 P. M. The last call at the bar will be at 12:00 Midnight. The family oriented restaurant will be on the waterfront. It will not be open for lunch during the week. However, they may open for a single lunch party on a Saturday or Sunday. A cross parking agreement has been negotiated with the Colonial Center, which is an office use to the south. Colonial Center uses the parking lot until 5:00 P. M. during the week. After 5:00 P. M., the restau- rant will use the parking lot. The applicant will not be required to build additional parking spaces for the two uses. Mr. Livingston continued by saying a professional valet service will bring all cars in from Castilla Lane and drop off the passengers in front of the restaurant. The valet people will bring the cars to the south, into the Colonial Center, and they will go back out onto Federal Highway or on the south side of the building into a stacking lane for the patrons to leave. Mr. Livingston understood the City Staff had spent time on the project and there were concerns regarding glare, noise, 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 and odors. Mr. Livingston said they will install lighting fixtures which will have shielding that will prevent a glare from going out on the residential properties. The lighting will be aimed directly onto the commercial property and Busch's Restaurant. Buffer wall insulation will be provided to isolate the kitchen noises and odors from the residences to the south and to the east. Mr. Livingston reviewed the comments from the Technical Review Board (TRB) and said the applicant would comply with all of the comments relating to the interior of the appli- cant's site. The applicant intends to bring the landscaping, drainage, and their site lighting up to Code. Based on the financial impact, Mr. Livingston stated the applicant was unable to agree tonight to any off site improvements, which would include landscaping the median at U. S. 1, redoing the drainage, lighting and landscaping in the Colonial Center, and modifying the llth Avenue entrance that is on Castilla Lane. The applicant is willing to do whatever is necessary within the applicant's site. Commissioner Aguila recalled at one point, the applicant had considered doing work off of the immediate site. He asked whether Mr. Livingston was now stating the applicant would only consider work within the applicant's site. Mr. Livingston confirmed that was correct. He added that the applicant felt it would be unfeasible for the restaurant to go in and do improvements off of its site. They will do any improvements the Code requires within the site and any requirements of the City to meet the Code on site. Chairperson pro tem. Matson asked for comments from the public. In Opposition: Henrietta Solomon, 230 N. E. 26th Avenue, would love to have Busch's in Boynton Beach, but she felt this was not the correct place for it. She mentioned the close proximity of the neighboring residences and odors, Mrs. Solomon also did not feel the location could take the traffic that would be generated by Busch's. She felt there were other sites in Boynton Beach where Busch's could be situated. In Favor: David Katz, 162 S. E. 27th Place, spoke as a resident and as Chairman of the Community Redevelopment Advisory Board. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 If a place like Busch's wants to come into the City, he felt the City should bend over backwards to let them in. Busch's is a high caliber restaurant. Mr. Katz alluded to going to Busch's and finding no odor. He hoped the Commission would allow Busch's to come in at this location. Mario Ferazzoli, 648 Riviera Drive, lives approximately 1/2 block southeast of the proposed restaurant. He stated it was about time the City got something to move into this area. If the City keeps telling people they cannot put up million dollar businesses, Mr. Ferazzoli wondered what would happen. He referred to Stop and Go and the laundromat across the street from the proposed restaurant and stated that a good clientele would be going into the restaurant. In Opposition:. Ralph Marchese, former Mayor, 1901 S. W. Roma Way, did not think the question was the reputation of the restaurant. He would love to have Busch's in Boynton Beach, but he felt the Commission owed something to the people living adjacent to the building. Mr. Marchese emphasized this was not the place to put a restaurant of that magnitude. He felt it was up to the Commission to see that the taxpayers living in that area were protected. Mr. Marchese felt the traffic situation would be horrendous. With reference to the odors, etc., he heard the same story before about another restau- rant that is now out of business. The City still gets com- plaints about the noise that was generated. Mr. Marchese stated this is a C-1 zone that does not permit restaurants. He urged the Commission not to change that for this use. Cynthia Greenhouse, 618 N. E. 20th Lane, Member of the P&Z Board, cast the sole vote to approve Busch's at this site. She advised everyone that her vote was predicated upon the agreement of the applicant to bring the adjacent parking lot, as part of the shared parking arrangement, up to Code. The parking lot is very dark. If it is going to be used at night, it will present a dangerous situation. Ms. Greenhouse was thinking of the health and safety of the public. Had it been presented that the applicant did not intend to make any off site improvements to the drainage and lighting, she would not have voted to approve this. She wanted Busch's to come into the City, but~ under the circumstances, Ms. Greenhouse would not have voted as she did at the P&Z Board meeting. Janice (Mrs. Walter) Holly, 631Castilla Lane, read a letter from Mr. and Mrs. Larry J. Galsky, 636 Castilla Lane. The 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 letter stated the property is not adequate in size for the magnitude of Busch's Restaurant. Allowing the restaurant without adequate parking on its own site would set a prece- dent. The letter also referred to traffic generated by Lucille and Otley's Restaurant, the Women's Club, Amoco gas station, and the Pancake House. It alluded to odors, noise, and vermin and ended by saying the Commission should consider the present taxpayers and the value of their property when making their decision. The letter further said Busch's would be a nice addition to the City, but beautiful residential areas should not be sacrificed for the sake of one more commercial venture. Janice (Mrs. Walter) Holly, 631Castilla Lane, presented petitions from people living on Riviera Drive, Golf Road, Castilla Lane, Snug Harbor, and other residents. She has lived in the neighborhood since 1969. Mrs. Holly expressed concerns about the parking and the bank building losing its historic value. She was also concerned about seafood odors, homes losing their values, the traffic flow in and out of Castilla Lane, and 70 employees of Busch's parking on Federal Highway. Mrs. Holly said there will be a stacking lane on Federal Highway, leaving only one lane for people to travel on if they did not wish to turn into Busch's. She alluded to the inadequate parking at the Women's Club and said people will be parking on Castilla Lane instead of using the valet parking. Mrs. Holly asked the Commission to consider the concerns of the residents. After the restau- rant is built, it will be too late. Mrs. Holly asked the Commission to deny the request. Joan Lo Faso, 652 Castilla Lane, felt the City should pro- vide older neighborhoods with the security they need. She asked the Commission to look at the neighborhood, which has sizeable, well maintained, quality homes. Many of them are waterfront homes bordering the Intracoastal Waterway. She felt it would be sad for the City to ignore an area of early quality development. Ms. Lo Faso stated she would welcome Busch's to a more appropriate location in Boynton Beach, and she asked the Commission to deny this request. She added that the residents must know the Commission will hold secure the quality and integrity of their neighborhood. Marilyn Huckle, 656 Castilla Lane, P&Z Board Member, did not think restaurants should be approved as a conditional use in C-1 zoning, especially if they are not related in any way to the permitted uses. She asked the Commission not to set a precedent for other C-1 zones in the City, all of which 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 abut or buffer some of the finest residential areas. Mrs. Huckle urged the Commission not to downgrade the City's highest, most protecting commercial category by approving this application. The fears expressed by the property owners tonight were what C-1 zoning was created to protect. Mrs. Huckle named the areas C-1 zoning has protected over the years. She quoted Commissioner Matson by saying the Commission should be careful of precedents they might set because they may haunt them in the future. Alan Martincavage, Real Estate and Personal Injury Attorney, 719 S. W. 27th Terrace, whose office is located at 1200 South Federal Highway, in the Colonial Center, wanted the Commis- sion to know the entire business community and the entire Colonial Center Unit Owners' Association did not support this project. Attorney Martincavage originally supported Busch's Restaurant, thinking Colonial Center would get to use some 30 odd parking spaces of Busch's during the day, and Busch's could use the Colonial Center's parking spaces during the evening. A few weeks ago, he discovered there would be massive expansion by Busch's. Of the existing parking spaces, approximately all but five regular spaces and two handicapped spaces will be taken up by the restau- rant. Attorney Martincavage's office overlooks the parking space. He submitted three photographs showing how the parking spaces are now filled when it is out of season, the bank is shut down, and several units at Colonial Center are unoccupied. Attorney Martincavage expounded about parking and submitted further photographs taken of the parking at Busch's Restaurant before 5:00 P. M., when 15 or 20 cars were parked there. Robert Silvester, 951 Isles Road, commented about the parking and the traffic. He said the Banyan tree in front of the restaurant takes away one lane of traffic. If the stack up of cars for valet parking will take a lane of traffic, Federal Highway will be narrowed down to one lane of traffic. If the employees park their cars on U. S. 1, that will create another problem. Mr. Silvester owns a restaurant in an office building. He informed the Commission that no filters or anything else they can do will get rid of the odors. Shirley Stevens, 2832 S. E. 5th Circle North, #4B, President of Los Mangos Property Owners Association, referred to the previous Commission and said they forgot that sometimes the most important duty of a City Commission is the protection of the health, safety and welfare of its citizens. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Dr. George Huckle, 656 Castilla Lane, has lived there for 20 years. He showed the City Commission a map reflecting how much C-1 zoning is in the City and said the C-1 zones are more or less a buffer to residential areas. He indi- cated the areas involved and apprised the Commission that the area he lives in is zoned R-1AA (the highest residential zoning in the City). Dr. Huckle presented photographs of homes in his neighborhood. Dr. Huckle then submitted a letter from Stewart Drummond, 659 Castilla Lane, for the record. The letter stated the neighborhood had no objections when the strip facing Federal Highway was zoned C-l, as it was designed for low density office and professional uses. However, they strongly objected to high density commrecial business intruding into their neighborhood. Mr. Drummond pointed out there is no other ingress or egress to or from Castilla Lane except at the proposed site. Impeding fire and emergency access to his home gave him great concern. Mr. Drummond urged that the Commission deny the application. Dr. Huckle hoped the City Commission would follow the recommendations of the Planning Department, the P&Z Board, and the people living in this neighborhood. Gary Ray, 634 Castilla Lane, is a real estate broker and lives approximately 100 feet from the boundary of the restaurant. He thought their neighborhood was one of the highest assessed tax bases in the City. He added that not one of his neighbors was for this. THE PUBLIC HEARING WAS CLOSED. Commissioner Aguila stated there were a number of things that troubled him with this location for Busch's. He was pleased with the presentation at the P&Z Board that other things would be done but was taken aback to find out that was no longer the case. Commissioner Aguila said the entire parcel should be brought up to Code. Commissioner Aguila knew the traffic issue would not be resolved, and he explained why. He was on the P&Z Board when C-1 zoning was established, and he reiterated Mrs. Huckle's comments about its intent being to create a buffer. Commissioner Aguila did not see how this restaurant would protect the residential area. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Chairperson pro tem. Matson referred to what the previous Commission allowed. She had said in March she would be an independent voice of the residents. Chairperson pro tem. Matson took a tour of Busch's Restaurant. There were no odors, and the noise level was down Chairperson pro tem. Matson hoped the City Manager's office could find another place for Busch's in Boynton Beach. She stated that Boynton Beach is not anti-business, but it must be pro-resident. Mot i on Commissioner Aguila moved to DENY the conditional use approval, secOnded by Commissioner Artis. Motion carried 3-0. On behalf of the Lambrakis family, Mr. Livingston said they may come to Boynton Beach. They would like to find a more suitable site. PUBLIC AUDIENCE Police Ralph Marchese, former Mayor, 1901 S. W. Roma Way, thought the City had a good Police Department. He told of an elderly man who lives in his area being beaten very badly. Mr. Marchese thanked the Police for apprehending the person who beat the man. As no one else wished to speak, the PUBLIC AUDIENCE was closed. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Project Name: Agent: Owner: Location: Description: Boynton Seventh Day Adventist Church Toks Abiose, Abisset Corporation Florida Conference of Seventh Day Adventist Church 138 S. E. 27th Avenue; S. E. 27th Avenue at S. E. 1st Place, southeast corner SITE PLAN MODIFICATION: Request for site plan approval to construct church and classroom additions totaling 5,164 square feet and a 44 car parking lot expansion 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Mr. Cutro said the TRB and the P&Z Board recommended approv- of this request, subject to staff comments. Commissioner Artis moved to approve the request, subject to staff comments. Commissioner Aguila seconded the motion, and the motion carried 3-0. 2. Project Name: Agent: Owner: Location: Shoppes of Boynton VDM Group, Inc. VSB, Ltd. North Congress Avenue at N. W. 22nd Avenue, northeast corner PARKING LOT VARIANCE: Request for a variance to Sec. 5-142(h)(5) Driveway of Article X - Parking Lots Mr. Cutro explained this was to allow for a curb cut within 100 feet of the right-of-way. The Ale House is operating on this site. Rather than driving down N. W. 22nd Avenue east- ward, making a "U" turn and coming back, this will allow people to use the main entrance. The TRB and P&Z Board recommended approval of the request. The City will reserve the right to review it and will have the right to make improvements. Commissioner Aguila moved to approve the parking lot variance, seconded by Commissioner Artis. Motion carried 3-0. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Project Name: First Impressions Day Care Center Agent: Harold Blanchette Earl H. Martin & Associates Owner: Julie Monahan & Susan L. Monahan Location: 2206 S. Seacrest Boulevard: Seacrest Boulevard at S. E. 22nd Avenue, northeast corner Description: SITE PLAN MODIFICATION: Request to amend the site plan approved in connection with the conditional use approval for the day care center to allow the exist- ing building to be razed, a 4,732 square foot building to be constructed and changes in the parking lot layout and design 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Mr. Cutro reminded the Commission the conditional use was before them a couple of months ago. At that time, the applicant was looking at using the existing house on the property as a day care center. Both the P&Z Board and the City Commission approved the site plan as well as the conditional use. The applicant now has to expand the build- ing dramatically to meet State standards. The P&Z recom- mended approval of this, and the TRB also recommended approval. Mr. Cutro stressed this was only an approval of the site plan. At the request of the P&Z Board, the four individuals who had attended both the P&Z Board and the City Commission meetings were notified in writing. Considering the fact that the existing building is being torn down and a new one is being built, Chairman pro tem. Matson wondered whether this would have to be advertised. Mr. Cutro answered, "No." He added he will have suggestions regarding this when Chapter 19 is rewritten. No one was present to represent the applicant, which made Commissioner Aguila uncomfortable about suggesting minor changes to the site plan. City Manager Miller advised they could be incorporated as part of the motion or the item could be tabled. Modifications Commissioner Aguila made the following suggestions: On S. E. 22nd Avenue, there is a two way entrance. Two parking spaces end without a landscape island. Commissioner Aguila wanted to see a landscape island at the end of that parking stall. He wanted the same thing on the other side of the two spaces. It will be coming out to an angle, so the very last space to the west will have a slight backup space. Commissioner Aguila suggested the applicant follow along the street at an angle and then cut in. That would allow for better landscaping. By going straight up first, there will be five more feet of asphalt. By going five feet to the left, a backup space for the last car will be created. The applicant can then come in from an angle and create the island. Discussion Chairperson pro tem. Matson was hesitant about moving this along until she was sure the residents knew what was going on. She wanted Mr. Harold Blanchette to be present and wanted the residents within 400 feet to be notified. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Mot i on Chairperson pro tem. Matson passed the gavel to Commissioner Aguila and moved to TABLE the request. Commissioner Artis seconded the motion. Chairperson pro tem. Matson explained this was not a denial; she just felt the residents should be notified, and she did not feel two weeks would hurt anything. A vote was taken on the motion, and the motion carried 3-0. After further comments, it was decided residents within 400 feet of the project should be notified. 2. Citrus Glen - Request for Time Extension - Miner Road/ Lawrence Road to NE corner of Citrus Glen's property Gene Fernandez, representing Citrus Glen, 8300 Lawrence Road, Boynton Beach, stated he is one of the partners in the joint venture. They were requesting an extension on their commitment to build Miner Road until they could figure out a way to get the missing link built. He explained their commitment. Chairperson pro tem. Matson advised the City had previously granted Citrus Glen a one year extension. Vincent Finizio, Administrative Coordinator of Engineering, stated that when Felix Granados and Gene Fernandez platted their property, a condition of the approval was that they construct Miner Road from Lawrence Road to the northeast corner of their property. They provided the City with a performance bond, which is still active and in full force, that guaranteed and assured construction of the road. Their position is they do not want to build their portion until Gene B. Glick Companies, which is responsible for the missing link, builds its portion. Roads are built in segments, and Mr. Finizio did not feel that was a very good argument. They have now had almost three years in which to build the road, and they received impact fees from the County for all of the residences, based upon the construction of Miner Road which has not yet been constructed. The Engineering Department recommended that the City Commis- sion deny the developer's request for a time extension. Mr. Finizio informed the Commission that the City is pursuing Gene B. Glick because the City wants to connect Congress Avenue with Lawrence Road so Fire Station ~3 can better serve the western portions of the community. A letter went out to Mr. Glick demanding $130,000 or commencement of the 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 construction of Miner Road in conjunction with Palm Beach County. W. Richard Staudinqer, P. E., Gee & Jenson, Consulting Engineers, understood after discussions with the developers of Citrus Glen that there may be some other options to be pursued. While the 12 month extension expires on June 5, 1991, the City needs the road for emergency access by the Fire Station. Chairperson pro tem. Matson noted there was a letter from the Lake Worth Drainage District (LWDD) stating that the L-20 Canal right-of-way is being used as a connector road. It is a dangerous situation, and LWDD will not accept the liability that currently exists. Mr. Staudinger did not know whether the liability situation had been cleared up. He advised that the LWDD also sent a letter indicating they had placed a locked gate across the western end of the right-of-way near Lawrence Road to keep the public out of the right-ofway. Mr. Staudinger understood the right-of-way was also used by the City of Boynton Beach Utilities Department to access the 3 million gallon storage tank. Chairperson pro tem. Matson said there was also a letter from Roland Foster, 3890 Ocala Road, Lantana, FL 33462, saying carloads of teenagers are riding along the canal. Mr. Foster is afraid one of the cars will lose control and wind up at the bottom of the canal. Chairperson pro tem. Matson felt that would also be a liability to the City. She was concerned about the present stacking problem where Miner Road meets Congress Avenue, where Congress Avenue is not going to be widened. Chairperson pro tem. Matson was also concerned that fire trucks will not be able to utilize Miner Road. Being a matter of life and death, one minute can make a difference. Mr. Staudinger responded that was a strong concern the City had. Charles Walker, Director of Palm Beach Traffic Engineering Division, stated they have worked very closely with the City over the years on Miner Road. They have worked with developers to get it through. Miner Road is part of the County's thoroughfare plan and part of the City's plan as part of being a major circulating road in this area. Mr. Walker urged the City to pursue the construction of the road, and he offered any cooperation the County could give towards the project. City Attorney Cherof apprised the Commission that City Manager Miller, Mr. Finizio, Mr. Staudinger, and he met this 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 afternoon with representatives of Citrus Glen to discuss the request for extension. One proposal to negate their necessity for asking for an extension would be that Citrus Glen would undertake doing the improvements for the missing link (Glick's portion) at their cost'as well as their own portion. Within a two year time period, the City could come back and either pursue Mr. Glick or his bond for reimbursement of the out of pocket expense by Citrus Glen. City Attorney Cherof stated it was an unusual proposal, but he thought it was worth exploring. However, he thought it would require a comprehensive agreement between the City and Citrus Glen. Chairperson pro tem. Matson asked who was leading the City into negotiations on behalf of the developer. City Attorney Cherof replied that Mr. Hernandez and both Mr. Granados, Jr. and Mr. Granados, Sr. were at the meeting. Mr. Finizio interjected that a condition of approval of the Planned Unit Development (PUD) was that Citrus Glen would build Miner Road. He stressed that the City should enforce its Codes fairly and not take upon itself a promise to pay the $130,000 within two years. Mr. Finizio thought it was a large risk liability on behalf of the City. The City has to compel Citrus Glen to build its portion and pursue Gene B. Glick Companies to build its portion. Mr. Finizio asked why the City should become a surety company for both Glick and Citrus Glen. City Manager Miller advised there were extenuating circum- stances involving the development. The City has a self supporting fire station, and he was concerned that the emergency vehicles have to head north to Hypoluxo Road or south to N. W. 22nd Avenue to get to areas on Lawrence Road when they should be heading directly west on Miner Road. City Manager Miller felt it was the City's responsibility. The City must do what it can to get the missing link constructed. City Manager Miller referred to past assur- ances that were given to the developers by the past admini- stration. He did not want this to go to litigation becauSe the City will be fighting it in the Courts, and the missing link will not be constructed. Commissioner Artis asked how much time Mr. Glick would have before he would be asking for an extension. Mr. Finizio answered that within ten days of the receipt of the City's letter, Mr. Glick should send $130,000 or commence construc- tion of his portion of the road within 30 days. He esti- mated the road could be constructed within two months. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Mr. Finizio informed Commissioner Aguila the land was originally farm land, and it was zoned to be a PUD. The condition of the zoning approval was that Miner Road be constructed. This was provided to the City through a master plan which depicts Miner Road. The agreement was that the road would be constructed around 1988. Mr. Glick has not done that. After comments by Commissioner Aguila and Commissioner Artis, Mr. Finizio stated it was his under- Standing that if Mr. Glick objects to the letter he sent today, the City would have legal recourse. There was discussion about Miner Road. Mr. Finizio informed Commissioner Aguila that the City has a $54,000 bond from Gene B. Glick Companies. City Attorney Cherof explained to Commissioner Aguila that the proposal he previously mentioned was an outline proposal, which he thought warranted further examination. The propos- al would be that Citrus Glen would withdraw its request for an extension, commence the construction of its portion of the road, and undertake, at its expense, the missing link portion. In return, the City would represent to Citrus Glen that within a two year time period they would be reimbursed for the cost of the missing link either through recovery of an action against GliCk or through some other source. City Attorney Cherof was not advocating that as a method the City should use. He was suggesting the City would have nothing to lose tonight by either approving or disapproving the request for an extension, but they would potentially have something to gain by authorizing the City Staff and him to see if they could negotiate an acceptable agreement where Citrus Glen would undertake the complete construction of Miner Road in a manner which would expose the City to no risk or limited risk. The City Commission could approve that at some future date. After comments by Commissioner Aguila, City Attorney Cherof thought there were several alternatives to the City guaran- teeing to pay the money back that could be proposed to the developer. Some of that would be the assignment of the City's interest in the bond, so Citrus Glen could proceed against its neighbor. City Attorney Cherof stated there was no time to get into the details or to analyze and negotiate it today. If the Commission would give them the time, he thought the City Staff and he could come back to the City Commission with something that would get the road built, which is the City's objective, and which would get it done quickly rather than litigating against Citrus Glen and Glick for several years and having no road. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 commissioner Artis asked what the possibility would be for the City to construct the road. After explaining about an $80,000 shortfall and the City's finances, City Manager Miller stated he did not think the City should get involved in building roads the developers should build. It would be a very bad precedent. City Manager Miller wanted the missing link constructed because of the City's responsi- bility for providing fire and EMS protection to that area. The City has declared that Fire Station ~3 is operational, and that means every route those trucks go to has to be as direct as possible. Cynthia Greenhouse, 618 N. E. 20th Lane, did not want to see the issue clouded by emergency vehicles, minutes, life and death. She wanted the City Commission to understand what was going on. Ms. Greenhouse understood Gene Moore (former Mayor) represents Felix Granados of Citrus Glen. She thought, after reviewing Sec. 4-1.9, Conflict of Interest, Code of Professional Responsibility, the City Attorney should make a determination as to whether or not Attorney Moore would have a conflict of interest in repre- senting the developer in a potential or threatened lawsuit against the City. Ms. Greenhouse also wanted the Commission to understand that Mr. Granados presently has with the City a $280,000 bond. A portion of that is surety to guarantee that his portion of the missing link will be constructed. As of June 4 or June 5, 1991, his time will be up. The City can call the bond and build the road. Ms. Greenhouse explained the $130,000 proposal and emphasized that the City would be guaranteeing to pay Citrus Glen $130,000 of taxpayers' monies. The only other monies there could be are impact fees the County has collected that should be going to build another road in the City. Ms. Greenhouse said the Commission had to realize the financial gain Mr. Glick obtained by having his land rezoned from Agriculture to PUD. No one wants litigation, but Ms. Greenhouse said the City can require Mr. Granados to build his portion of the road now. The City has the bond money in case Mr. Granados does not want to do that, and the City can accomplish that task at no cost to the taxpayers. If Mr. Glick does not build the road, the City can go after him. If the City does not go after Mr. Glick now, two years from now (after the City has pledged $130,000 of taxpayers' money), Mr. Glick can sell the property to whomever he chooses. Ms. Greenhouse warned the Commission they would not be preventing litiga- tion by answering to any such agreement. She stated all 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 they would be doing would be taking $130,000 of the tax- payers' money and giving it to somebody to construct the road they are already obligated to construct a portion of. Ms. Greenhouse continued by saying Mr. Granados has had 21 months to construct the road. He has already had one year's extension, and he now wants another extension. The City should force him to construct his portion of the road now. The City has nothing to gain by granting an extension to Mr. Granados. Ms. Greenhouse also pointed out that the condition of approval given to Mr. Glick runs with the land. Unless it is recorded, any one Mr. Glick sells the land to may be able to take the land as an instant purchaser, and the City may not be able to hold Mr. Glick to it. If the condition of approval is not yet recorded, Ms. Greenhouse suggested the City might want to get it recorded. Maurice Rosenstock, 1 Villa Lane, speaking as Chairman of the P&Z Board, commented that the City had placed itself in a dilemma by not strictly holding developers to what they promised to do. After elaborating about developers, he said the City is never going to get the missing section of the road built unless the City firms up its positions. Mr. Rosenstock inquired why, in this case, the County should give the City money when the City is not even trying to get the money from the developer. After expounding, he urged the Commission to take a stand, sue, find out whether the developers are going to build or not, and then take the next step. Mr. Fernandez clarified that Citrus Glen was supposed to build 1,800 feet of Miner Road coming from Lawrence Road towards the east. There is a missing link that is approxi- mately 1,200 feet, which they have nothing to do with. If Citrus Glen builds its road tomorrow, in a week the City's fire engines still will not be able to use the road because of the 1,200 feet of dirt and grass. All they will be creating is a dead end road 1,800 feet, east of Miner Road, for people to park, jump the wall, and rob the citizens of Citrus Glen. In 1988, the road was to be built. Mr. Fernandez said he wants to work with the City. Citrus Glen will build the whole road, but they do not want to build a road to nowhere and create a crime problem. Mr. Rosenstock did not think it was the developer's choice. The developer should do what he obligated himself to do and build the road. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Commissioner Aguila moved to DENY the request of Citrus Glen for a time extension. Commissioner Artis seconded the motion, and the motion carried 3-0. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-24 Re: Establishing an Education Advisory Board City Attorney Cherof read proposed Ordinance No. O91-24 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING AN EDUCATION ADVISORY BOARD: PROVIDING FOR PURPOSE; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUALIFICATIONS OF BOARD MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Chairman pro tem. Matson asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Aguila moved to adopt Ordinance No. O91-24 on final reading. Commissioner Artis seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Matson - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 3-0. 2. Proposed Ordinance No. O91-25 Re: Defining "Seasonal" for purposes of permitted outdoor retail sales sponsored by not-for-profit organizations City Attorney Cherof read proposed Ordinance No. 091-25 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 11, SUPPLEMENTAL REGULATIONS, TO DEFINE 'SEASONAL' FOR PURPOSES 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 OF PERMITTED OUTDOOR RETAIL SALES SPONSORED BY NOT FOR PROFIT ORGANIZATIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING. NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" Chairman pro tem. Matson asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Under "Section 1, N," the definition of "Seasonal", City Manager Miller believed the City Commission added the word, "wreaths". He believed the consensus of the Commission was it should read, "pumpkins, Christmas trees, and wreaths." Mot i on Commissioner Artis moved to approve proposed Ordinance O91-25 with the addition of the word "wreath" under Section 1, N in the definition of "Seasonal". Commissioner Aguila seconded the motion. Commissioner Aguila called attention to paragraph 6 and recalled the Commission had decided that from Thanksgiving to Christmas is more than five weeks. He suggested the "three (3) weeks" should be changed to four (4) weeks. The Commission agreed to this. Commissioner Aguila also thought the "five (5) days" in paragraph 10 should be changed to three days. Amended motion Commissioner Artis amended her motion to include the recommendations suggested by Commissioner Aguila. Commissioner Aguila seconded the motion, and a roll call vote was taken by Mrs. Burkett, Deputy City Clerk: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 3. Proposed Ordinance No. O91-26 Re: Amend City Charter to provide that new Commis- sioners shall assume office at the first Regular or Special Commission meeting following their election City Attorney Cherof read proposed Ordinance No. O91-26 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY'OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND SECTION 15 OF THE CHARTER OF THE CITY, TO PRO- VIDE THAT MEMBERS OF THE CITY COMMISSION AND MAYOR SHALL ASSUME OFFICE ON THE FIRST REGULAR OR SPECIAL COMMISSION MEETING FOLLOWING THEIR ELECTION; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELEC- TIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" Chairman pro tem. Matson asked whether anyone in the audience wished to be heard. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Artis moved, seconded by Commissioner Aguila, to approve proposed Ordinance No. 091-26 on final reading. roll call vote on the motion was taken by Shannon Burkett, Deputy City Clerk, as follows: A Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. B. Ordinances - 1st Readinq: 1. Proposed Ordinance No. 091-27 Re: Rezoning Planning Area 2.c, .91 acres - change from R-2 to R-1 City Attorney Cherof read proposed Ordinance No. 091-27 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2, (DUPLEX RESIDEN- TIAL), TO R-1 (SINGLE FAMILY RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE" 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Mr. Cutro apprised the Commission that items 1 through 9 were first readings on changes required by the Comprehensive Plan. He suggested they follow the same format they did the last time and move all of the Ordinances to second and final reading. The public hearing would be at the meeting of June 4, 1991. At that time, Mr. Cutro said he would bring forth recommendations on each Ordinance. Commissioner Aguila moved, seconded by Commissioner Artis, to approve proposed Ordinance No. 91-27 on first reading. A roll call vote on the motion was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 2. Proposed Ordinance No. 091-28 Re: Rezoning Planning Area 2.c, .40 acres - change from R-2 to PU City Attorney Cherof read proposed Ordinance No. O91-28 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (DUPLEX RESIDENTIAL), TO PU (PUBLIC USAGE), LIMITED TO USE AS A DAY CARE CENTER OR SCHOOL, PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Artis moved to adopt Ordinance No. O91-28 on first reading, seconded by Commissioner Aguila. A roll call vote on the motion was taken by Shannon Burkett, Deputy City Clerk, as follows: CommissiOner Artis - Aye CommissiQner Matson - Aye CommissiOner Aguila - Aye Motion carried 3-0. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 3. Proposed Ordinance No. 091-29 Re: Rezoning Planning Area 2.d, 3.96 acres - change from C-2 to R-1 City Attorney Cherof read proposed Ordinance No. O91-29 by title only: "ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-2 (NEIGHBORHOOD COMMERCIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila moved to adopt Ordinance No. O91-29 on first reading. Commissioner Artis seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Matson - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 3-0. 4. Proposed Ordinance No. 091-30 Re: Rezoning Planning Are 2.e, .40 acres - change from C-2 to REC City Attorney Cherof read proposed Ordinance No. O91-30 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-2 (NEIGHBORHOOD COMMERCIAL) TO REC (RECREATION), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP: PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Artis moved to adopt Ordinance No. O91-30 on first reading. Commissioner Aguila seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 5. Proposed Ordinance No. 091-31 Re: Rezoning Planning Area 4.a, 1.17 acres - change from R-lA to R-2 City Attorney Cherof read proposed Ordinance No. O91-31 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-lA (SINGLE FAMILY RESIDENTIAL), TO R-2 (DUPLEX RESIDENTIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila moved to adopt Ordinance No. O91-31 on first reading. Commissioner Artis seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 6. Proposed Ordinance No. 091-32 Re: Rezoning Planning Area 4.f, .92 acres - change from C-2 to C-1 City Attorney Cherof read proposed Ordinance No. O91-32 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM C-2 (NEIGHBORHOOD COMMERCIAL) TO C-1 (OFFICE COMMERCIAL) , LIMITED TO ONE STORY BUILDINGS, PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Artis moved to adopt Ordinance No. O91-32 on first reading. Commissioner Aguila seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 7. Proposed Ordinance No. 091-33 Re: Rezoning Planning Area 7.a, 2.76 acres - change from~R-2 to R-lA City Attorney Cherof read proposed Ordinance No. O91-33 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (DUPLEX RESIDENTIAL) TO R-lA (SINGLE FAMILY RESIDENTIAL), PROVIDING FOR APPROPRI- ATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila moved to adopt Ordinance No. O91-33 on first reading. Commissioner Artis seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Artis - Aye Commissioner Matson - Aye Commissioner Aguila - Aye Motion carried 3-0. 8. Proposed Ordinance No. 091-34 Re: Rezoning Planning Area 7.a, .88 acres - change from R-2 to C-2 City Attorney Cherof read proposed Ordinance No. O91-34 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (DUPLEX RESIDENTIAL), TO C-2 (NEIGHBO~{OOD COMMERCIAL), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Artis moved to adopt Ordinance No. O91-34 on first reading. Commissioner Aguila seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Matson - Aye Commissioner Aguila - Aye Commissioner Artis - Aye Motion carried 3-0. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 9. Proposed Ordinance No. 091-35 Re: Rezoning Planning Area 7.b, .43 acres - change from R-lA to REC City Attorney Cherof read proposed Ordinance No. O91-35 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-lA (SINGLE FAMILY RESIDENTIAL), TO REC (RECREATION), PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila moved to adopt Ordinance No. O91-35 on first reading. Commissioner Artis seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 10. Proposed Ordinance No. 091-36 Re: Amend Chapter 4, Article II, reference Dogs - Creating a new section entitled "Damage to Property by Animals" (Pooper Scooper) City Attorney Cherof read proposed Ordinance No. O91-36 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 4 ARTICLE II. DOGS. BY DELETING SECTION 4-39. ENTITLED "DAMAGING PROPERTY OF ANOTHER." IN ITS ENTIRETY AND CREATING A NEW SECTION 4-39 ENTITLED "DAMAGE TO PROPERTY BY ANIMALS; ANIMALS PROHIBITED FROM CITY-OWNED PARK OR RECREATION AREA; PENALTY"; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 4, ARTICLE II, NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE 'AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CON- FLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Aguila moved to adopt Ordinance No. O91-36 on first reading. Commissioner Artis seconded the motion, and 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 a roll call vote was taken by shannon Burkett, Deputy City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. 11. Proposed Ordinance No. 091-37 Re: Rescind Advisory Board Ordinance requiring all ratifications by City Commission City Attorney Cherof read proposed Ordinance No. O91-37 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ORDINANCE NO. 091-14, WHICH ORDI- NANCE AMENDED ARTICLE I OF CHAPTER 2 OF THE CODE OF ORDI- NANCES BY CREATING A NEW SECTION 2-17; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING _AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Commissioner Artis moved to adopt. Ordinance No. O91-37 on first reading. Commissioner Aguila seconded the motion, and a roll call vote was taken by Shannon Burkett, Deputy City Clerk, as follows: Commissioner Aguila - Aye Commissioner Artis - Aye Commissioner Matson - Aye Motion carried 3-0. C. Resolutions 1. Proposed Resolution No. R91-$3 Re: Approval to accept letter of credit as surety for Lexington Lakes P.U.D. City Attorney Cherof read proposed Resolution No. R91-74 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING ACCEPTANCE OF A LETTER OF CREDIT FROM BANK ATLANTIC AS SURETY FOR LEXINGTON LAKES, P.U.D., IN THE AMOUNT OF $332,894.05 TO INSURE TIMELY INSTALLATION OF WATER AND SEWER IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE" 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Commissioner Aguila moved for the adoption of proposed Resolution No. 91-83. Commissioner Artis seconded the motion, and the motion carried 3-0. 2. Proposed Resolution No. R91-84 Re: License & Service Agreement - Unisys - FCIC/NCIC computer terminal - Communications Center City Attorney Cherof read proposed Resolution No. R91-84 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AND SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE UNISYS CORPORATION TO PROVIDE FOR THE MAINTENANCE AND REPAIR OF THE FCIC/NCIC COMPUTER TERMINAL IN COMMUNICATIONS DEPARTMENT; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Commissioner Artis moved for the adoption of proposed Resolution No. 91-84. Commissioner Aguila seconded the motion, and the motion carried 3-0. 3. Proposed Resolution No. R91-85 Re: Hypoluxo Road and Congress - Tri-Party Agreement with Palm Beach County, American Development Corporation and City of Boynton Beach City Attorney Cherof read proposed Resolution No. R91-85 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TRI-PARTY AGREEMENT BETWEEN AMERICAN DEVELOPMENT, INC., THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AND THE CITY OF BOYNTON BEACH, WHICH AGREE- MENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" City Manager Miller explained to Commissioner Aguila this was an amended agreement that promulgated from Palm Beach County to hold American Development Corporation to certain road improvements when they build the Target store. City Manager Miller explained the improvements. Commissioner Aguila understood they were not extending Congress Avenue to Miner Road. Instead of that, they are doing the intersec- tion at Hypoluxo Road and Congress Avenue. City Manager 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Miller confirmed that was correct. He added this was the development whereby the City Staff and the Palm Beach County Traffic Engineering Department recommended to the City Commission that Congress Avenue be widened from Miner Road to Hypoluxo Road from four to six lanes. At that time, the City did not follow through relative to this one condition. City Manager Miller further explained the agreement. Commissioner Aguila moved for the adoption of proposed Resolution No. 91-85. Commissioner Artis seconded the motion, and the motion carried 3-0. 4. Proposed Resolution No. R91-86 Re: Amendment to Encroachment/Easement Agreement between the City of Boynton Beach and the Lake Worth Drainaqe District City Attorney Cherof read proposed Resolution No. R91-86 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO ENCROACHMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE LAKE WORTH DRAINAGE DISTRICT; A COPY OF SAID FIRST AMENDMENT TO AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Commissioner Artis moved for the adoption of proposed Resolution No. 91-86. Commissioner Aguila seconded the motion, and the motion carried 3-0. 5. Proposed Resolution No. R91-87 Re: Release of Restoration Bond - Fill Operation in the CSX Riqhts-of-Way - Hardrives of Delray City Attorney Cherof read proposed Resolution No. R91-87 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING A RESTORATION BOND ISSUED BY FIDELITY & DEPOSIT COMPANY OF MARYLAND FOR THE PRINCIPAL, HARDRIVES OF DELRA¥, INC., IN THE AMOUNT OF $6,000.00" Commissioner Aguila moved for the adoption of proposed Resolution No. 91-87. Commissioner Artis seconded the motion, and the motion carried 3-0. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 6. Proposed Resolution No. R91-88 Re: Landscape Maintenance Contract between Tare Land- scape of Delray Beach and the City of Boynton Beach for the maintenance and care of roadway medians and miscellaneous grass areas City Attorney Cherof read proposed Resolution No. R91-88 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND TARE LANDSCAPE, PROVIDING FOR LANDSCAPE MAINTENANCE ACCORDING TO THE SPECIFICATIONS AND TERMS OF THIS CONTRACT AND BID NO. 036-722-91/VSMG; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT 'A'; AND PROVIDING AN EFFECTIVE DATE" Mot i on Commissioner Artis moved for the adoption of proposed Resolution No. 91-88. Commissioner Aguila seconded the motion. Commissioner Aguila noticed the difference between the high bid and the low bid. He was concerned that the low bid might be too low. After explaining his concern, he added that they may be so low they may not be able to afford to purchase necessary chemicals and provide the maintenance the City is expecting. City Manager Miller responded that the City is required to go with the lowest bidder. The low bidder is doing work for the Palm Beach County School Board, and they have had no problems with the work. Should the City have problems with Tare Landscape, the City will go through the process of notification. If the performance is not raised, the contract will be given to the next lowest bidder. City Manager Miller explained there are possibly five or six unfilled full-time positions in the Parks Department, so the City is turning these over for contract work. The contracts are a lot less than what the City has to pay employees for their time and benefits. A vote was taken on the motion, and the motion carried 3-0. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 7. Proposed Resolution No. R91-89 Re: Renew 4th of July Contract between the City of Boynton Beach and Zambelli Fireworks Mfg. Co. Inc. for fireworks display City Attorney Cherof read proposed Resolution No. R91-89 by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RENEWAL OF A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND ZAMBELLI FIREWORKS MFG. CO., INC., BY EXERCISING ITS OPTION RENEWAL CLAUSE PURSUANT TO BID NO. 060-721-90/HBC; A COPY OF SAID ORIGINAL CONTRACT AND BID BEING ATTACHED HERETO AS EXHIBIT 'A': AND PROVIDING AN EFFECTIVE DATE" Commissioner Aguila moved for the adoption of proposed Resolution No. R91-89. Commissioner Artis seconded the motion. Commissioner Artis questioned whether there were other companies that carry the liability insurance the City needs. City Manager Miller replied there are a few, but only two or three get involved. Zambelli Fireworks usually comes in with the lowest bid. City Manager Miller added the City has to make sure the company hires technical individuals who are licensed to set off the fireworks. Chairperson pro tem. Matson called attention to the time factor. A vote was taken on the motion, and the motion carried 3-0. 8. Proposed Resolution No. R91-90 Re: Barge rental for fireworks display This item was deleted from the agenda. APPROVAL", page 1 of these minutes.) (See "AGENDA THE CITY COMMISSION TOOK A BREAK AT 9:12 P. M. resumed at 9:25 P. M. The meeting OLD BUSINESS A. North Federal Highway Median Landscaping Project City Manager Miller said Recreation & Park Memorandum ~91-188 dated May 13, 1991 gave the City Commission an up- date on the expense of this project. The City is planning to put in landscaping. City Manager Miller believed there 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 were eight to ten islands between the C-16 Canal up to north of N. E. and N. W. 22nd Avenue. The City was awaiting the Department of Transportation's (DOT's) completion of the TV survey of the drainage lines. DOT's storm drain lines are down the middle of U. S. 1. Some areas have severe infiltra- tion, causing sink holes in the median areas, and correc- tions must be effected. City Manager Miller hoped DOT could tell the City exactly where the bad areas are in the next several months. In the meantime, the City wanted to process the application for landscaping. City Manager Miller asked for authorization to go forward with the amount of $6,352 from the Community Improvement Fund for this project. Motion Commissioner Aguila moved to authorize the City Manager to go forward with the project, seconded by Commissioner Artis. Cynthia Greenhouse asked how much time they were looking at. City Manager Miller explained that the DOT is going to get involved with reconfigurations between the C-16 Canal and N. 22nd Avenue. It would be ludicrous for the City to put landscaping in those areas where the DOT is getting involved, so the City designed a plan around the DOT's plans for the median configuration. Charles Frederick, Director of Recreation and Parks, advised that the City should get the TV surveys in 90 days. City Manager Miller reiterated the problems the City has incurred and further explained what the City plans to do. Ms. Greenhouse asked how long it will take for the applica- tion to be processed. She heard it would take at least two years. City Manager Miller replied that Vincent Finizio, Administrative Coordinator of Engineering, has been very instrumental in getting permits through. Ms. Greenhouse wanted to know how long it would be before she would see trees in the medians. City Manager Miller hoped the City would be in a position to plant trees within the next four or five months. Ms. Greenhouse inquired what type of approval process they would have to go through with the State in order to do that. City Manager Miller answered that an application for land- scaping medians is an easy one to get involved with. He referred to projects where the City has been very successful in getting permits. Ms. Greenhouse named cities that are taking plantings from their nurseries for their medians. City Manager Miller informed her they get permits for that. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Hedge at FEC Railroad Tracks Ms. Greenhouse noticed a short Australian Pine hedge north of the C-16 Canal, which hides the FEC railroad tracks from Federal Highway. She stated there are large sections where there are gaps in the hedge. After discussion about the agreement between the FEC Railway and the City, Sea Grapes, the FEC tracks, Federal Highway, and the City's nursery, Mr. Frederick said the City nursery has some Red Cedar that can be used to fill in the gaps. Median Landscaping (Continued) Chairperson pro tem. Matson asked for a time frame as to when the medians will be done. Mr. Frederick replied the City will have the application and the permit long before the TV work is done by the DOT. He stated the City could get approval on all of the projects in two to four weeks. Chairperson pro tem. Matson stated she would like to know when the Queen Palms go out to bid. A vote was taken on the motion, and the motion carried 3-'0. NEW BUSINESS A. Items for discussion requested by Mayor Arline Weiner 1. Project Mosaic - request for funding City Manager Miller explained to the Commission that any dollars Project Mosaic obtains will be matched by the John D. and Catherine T. McArthur Foundation. The deadline for this is May 31, 1991. Memo No. 91-028W, dated May 16, 1991, from Wilfred Hawkins, Assistant City Manager, recommended a contribution of $1,000. City Manager Miller informed the Commission that this money would be coming from the Publicity account of the Boynton Beach G.A.L.A. He elabor- ated about the success of G.A.L.A. this year and the importance of Project Mosaic. Commissioner Aguila moved to approve a donation of $1,000 to Project Mosaic, seconded by Commissioner Artis. Motion carried 3-0. Tara Brescia, Project Mosaic, 1555 Palm Beach Lakes Blvd., Suite ~416, West Palm Beach, FL 33401, thanked the Commission. She briefly explained the purpose of Project Mosaic and asked people in the audience to volunteer their time. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 B. Items for discussion requested by Commissioner Lynne Matson 1. Under $100,000 administrative approval policy Because of the absence of Mayor Weiner and Vice Mayor Harmening, Chairman pro tem. Matson TABLED this item. C. Consider a license agreement for individual property owner to pave City right-of-way City Manager Miller apprised the Commission that Michael H. and Angelo A. Agnello had requested additional parking in the right-of-way area of their property at 214 N. W. 3rd Street. The request was denied by the City Commission. Mr. Agnello was now requesting a license agreement so he could use the City right-of-way adjoining his property for two new parking spaces, which were constructed without a permit. Mr. Agnello needs the parking spaces for his business to be successful. City Manager Miller reminded the Commission of the precedent they would be setting if they approved the agreement, and he expressed his concern about paving right-of-way areas. City Manager Miller further referred to the Clean Water Act, which was enacted by the Federal Legislators. After elaborating about the Clean Water Act, City Manager Miller explained why the City would fall under the require- ments of the Act and must get involved with pretreatment. Pretreatment means the City cannot discharge rain water that hits the pavement. The best water pretreatment is percola- tion in the swales. If the swale areas of the City are taken away, the City's ability to percolate water will be diminished. City Manager Miller alluded to other cities that had allowed swales to be paved and who now must have the paved areas cut out. He also referred to the City looking at its Codes for the downtown area and thought this matter might be addressed that way, but he did not feel approval of the license agreement was the answer. No one was present to represent the Agnellos. Commissioner Aguila moved to DENY the license agreement, seconded by Commissioner Artis. Motion carried 3-0. D. Authorization to bid towing service for City of Boynton Beach and authorization to extend current towing contract for two (2) months Commissioner Aguila suggested the Commission approve the extension of the current towing contract for two months, but 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 he wanted the part about the City going to bid tabled. He wanted the City to study what its neighboring cities have done and consider a rotation system. City Manager Miller wished to include in the study cities further south, such as Fort Lauderdale, Pompano Beach, Delray Beach, and Boca Raton. He stated that Lantana and Lake Worth have unique rotating. Other cities such as West Palm Beach have other types of agreements. Commissioner Aguila wanted'this studied because there are a lot of competent, towing companies in the City, and he wanted the City to share some business with them rather than with just one low bidder. City Manager Miller gave Commissioner Artis an example of a rotating system. He said Lantana and Lake Worth get involved with three classifications because some small tow- ing companies do not have heavy tow trucks to carry whatever is heavier. That means people in the Communications Depart- ment will be sitting with three lists and making calls. City Manager Miller further explained rotating systems. He wanted to be sure service would be provided to the residents and that everyone would be charged within a monetary frame- work. There was further discussion about a rotating system. City Manager Miller told Commissioner Aguila there are pros and cons about a rotating system. The towing companies would like to express the positives. City Manager Miller stated he wants to express some of his concerns for the Communications and the Police Departments. He also will provide comments from other cities. Mot i on Commissioner Aguila moved to TABLE bidding for future towing. Commissioner Artis seconded the motion, and the motion carried 3-0. Mot i on Commissioner Aguila moved to extend the contract with Zuccala Wrecker Service for two months, seconded by Commissioner Artis. Commissioner Artis questioned whether two months would be sufficient time. City Manager Miller felt two months was adequate time. 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 A vote was taken on the motion, and the motion carried 3-0. E. Community Relations Board funding recommendations The recommendations were outlined in Memo No. 91-029W, dated May 17, 1991, from Wilfred Hawkins, Assistant to the City Manager. Shirley Jaskiewicz, Chairwoman of the CRB, told the Commission the CRB reviewed all of the applications and personally interviewed the applicants. In many cases, Members of the CRB visit the facilities. The CRB's recommendations were far under the total requests ($101,000). Ms. Jaskiewicz said the CRB's budget was about $20,000. The CRB is holding between $1,700 or $2,000 in the event an emergency occurs where an applicant should receive more money. Commissioner Aguila moved to accept the recommendations of the CRB. Commissioner Artis seconded the motion. Commissioner Aguila questioned why the request from the Kiwanis Club of Boynton Beach was tabled until the CRB's June meeting. He inquired whether they would be in jeopardy of not getting any funds. Ms. Jaskiewicz explained that the Kiwanis Club had been tabled because they had not been person- nally interviewed. They will not be in jeopardy of receiving funds. A vote was taken on the motion, and the motion carried 3-0. CITY MANAGER'S REPORT None. ADMINISTRATIVE A. City Board Appointments Community Appearance Board Commissioner Artis tabled her appointment of a Regular Member to the CAB. Police Officers' Trust Fund Commissioner Matson appointed Roger Cash as a Regular Member of the Police Officers' Trust Fund for a two year term ending April, 1993. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 B. Ratification of Edward Dully as the 5th member of the Fire Pension Board Per State Statute 175.061, Commissioner Artis moved, seconded by Commissioner Aguila, to ratify the appointment of Edward Dully. C. Returned Check Charge City Manager Miller said the City averages 35 uncollectible checks a month. According to Florida Statute 166.251, the City can adopt a service fee of $15. Commissioner Aguila moved that the City proceed to have an Ordinance drawn up adopting a service fee of $15 for each uncollectible check. Commissioner Artis seconded the motion, and the motion carried 3-0. D. Consider approval of emergency purchase of 4MM unattended backup for AS/400 Computer System City Manager Miller told of what is called a "head crash" occurring with the City's data processing. A backup system could be purchased from Diskomp Computer Sales, Fort Lauderdale, FL, at a cost of $19,300, and funds are available in the Computer Reserve Account. City Manager Miller stated it was felt the head crash was caused by the extreme fluctu- ation of the temperature in the room where the system is. Michael L. Munro, Data Processing Director, explained what occurred when the head crash happened and what work was involved in restoring the system. Commissioner Aguila asked what the City was doing to prevent a head crash from happening again. City Manager Miller replied it was an air conditioning problem, and the City is working on that. Mr. Munro told how this purchase would aid the City and why it was needed. Commissioner Aguila moved to approve.the emergency purchase of the 4MM unattended backup for the AS/400 Computer System from Diskomp Computer Sales for $19,300. Commissioner Artis seconded the motion, and the motion carried 3-0. E. Change Order 96 - Elkins Construction, Inc. - East Water Treatment Plant Improvements Utilities Memo 991-276 explained Change Order ~6 in the amount of $9,549.47. 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Commissioner Aguila moved to approve Change Order #6 in the amount of $9,549.47, seconded by Commissioner Artis. If there was no change in the contract time, City Attorney Cherof recommended that be inserted before the City Manager initialed it. Commissioner Aguila stated the motion would stand with the clarification that there was no time change for the extension. Commissioner Artis seconded the amend- ment to the motion, and the motion carried 3-0. CONSENT AGENDA A. Minutes 1. Regular City Commission Meetinq Minutes of May 7, 1991 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget 1. Uninterruptible Power Supply System - Communications Center In his memo 91-098, Hugh McCaffrey, Communications Manager, stated that U. S. Computer Products of Winter Springs would provide the City with a unit for $14,770, including the 3 year customer protection plan and a $150 credit for the AS/400 interface package. The City can piggyback on Marion County's bid. C. Payment of Bills - Month of April, 1991 See list attached to the original copy of these minutes in the Office of the City Clerk. D. Approval of Bills City Manager Miller reminded the Commission of the bill he added under "Agenda Approval", page 1 of these minutes. The bill in the amount of $115,155, payable to Auxiliary Power Systems, was for air conditioning sets, trailer mounted. The bid opening was in October, and the City Commission approved it on October 16, 1990 E. Receive and file departmental monthly reports City Manager Miller had furnished the Commission with monthly reports from various City departments for their review. 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 21, 1991 Commissioner Aguila moved to approve the Consent Agenda with the addition of the bill payable to Auxiliary Power Systems in the amount of $115,155, under item D above. Commissioner Artis seconded the motion, and the motion carried 3-0. ADJOURNMENT The meeting properly adjourned at 10:07 P. M. CITY OF BOYNTON BEACH ATTEST: Recording Secretary (Three Tapes) / Mayor - . ~ Vi ce Mayor/// ~" '~ Commissioner Commissioner 39 ZZZ CONSENT AGENDA C cc: Finance ~°° ~ ~g;~oooooooo l ~* )0ooooo Oo oo oo~oo0~°°°°|° t~ uo~o ooo o¢ oc ooooooooooooo : ; P ~ ~ / ojooolooo,oo.,~oo Io ooI o~ o~ <. ~ 00, ooooOoooioo0oo01o ] ,i1¢ ,,,11 ,d oO h,,~o P,,I f~J . . _=2.~ O00looo o o o]o o o] UJ ~j O0:300 ~00 O00lO O0:3000 O00.00000 ~0.0000~00 ~00 ~'00 ~00 30.~ ~00 00000000~000~000000 ~00 ~00 ~00 ~00000 ~00300 ~00 00000000000=000000 ~00 ~00 ~00 ~0000 ~00 ~00 300 Z~ Z~ O~ .,,~ ,. ,,Il, .Il. o!ooo~o oo~o§~g§ §oooo oo~o 0:00000 0000~00 O0 O0 000 O00~OOOO r NNNNNNNN~iN NNNNNNNN~NNNN NNNm:NNNNNNNNN~NN~ ' ~ ~oo~:oo'~ooo'ooo~ooio oooooooooooo o~=oooooooooo~oo=oojoS§~oo~oo=oo? o~ 0 i i I ! o~o oi ~O00~O0000D~O000000000~O0000.O00~O00000~O000~O0~O~O00~O0i w # ID.II- ,.4 00,0 ~ ~o0 OC { 000~~ .... -[ IAI O0 0 ~00~00000'0 O0 _0 .ooo~g§g ggg°° o~ §~° ooo,oogg~°~ . oogggg§§°o 0~00 o:o o go §gooo§g goo oo~ooggg g~ I oooo ' ,L' 00~00~0 0 t I ] COMMISSION ~^¥ ~1 1991 AGENDA APPROVAL May 21, 1991 XI. CONSENT AGEI~A D cc= Recreation Utilities 1/~t Serv 10. RAY ALLEN INSURANCE AGENCY Premium for Liquor Liability insurance policy purchased for City's annual Softball Tournament at Caloosa Park. Pay from Self Insurance Fund---622-195-5-449-00 ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 AVANTI INTERNATIONAL 6 - 15 Gal. Drums Chemical Grout and 2 - 5 Gal. Pails of Catalyst for Sewage Collection. Pay from Water & Sewer Rev---401-351-5-390-06 BOARD OF COUNTY COMMISSIONERS Boynton Beach's share of cost for 3/12/91 Election. Expenses shared equally with County. Pay from General Fund---001-122-5-491-00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for month of May, 1991. Pay from General Fund---001-135-5-482-00 CH2M HILL Task orders per attached breakdown for period 2/25/91 thru 3/24/91. Pay from Utility Cap. Improve.---404-000-0-690-10 35,040.00 " " " " " 404-000-0-691-10 - 1,537.01 CLEAR COPY, INC. 350 Beach Decals (Orange) and 17,000 Beach Decals (Yellow) for Citizens Services. Pay from General Fund---001-132-5-472-00 "Best of 3 quotes" COASTAL UNILUBE INC. 510 Gal. Unilube Premium AW 68 for Vehicle Service. Pay from Vehicle Service Fund---501-193-5-321-00 Palm Beach County Bid #90-111/HV COMPUADD 3 Computers plus accessories for Water Plant, Lab Services and Pump Stations. Pay from Water & Sewer Rev---401-332-5-670-02 - 2,403.84 " " " " " 401-352-5-670-02 - 2,403.84 " " " " " 401-361-5-670-02 - 2,403.84 DAVIS METER & SUPPLY CO. 5 Sewer Air Vacuum Valve for Sewer Force Mains. Pay from Water & Sewer Rev---401-351-5-430-06 Bid #004-4001-91 $ 1,075.00 17,823.15 1,582.00 5,068.74 1,435.00 36,577.01 2,602.50 1,028.42 7,211.52 2,720.00 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DAVIS WATER & WASTE INDUSTRIES, INC. Blanket P.O. #85970 - Air Scrubber Rental for Odor Control Program for Utility Pump Station. Pay from Water & Sewer Rev---401-352-5-499-00. 3,000.00 ENVIRO Q 3 Manhole Rehabilitation per bid specifications. Pay from Water & Sewer Rev---401-351-5-430-06 Per bid 030-401-91, Commission approved 3/20/91 13,680.00 FLORIDA EAST COAST RAILWAY CO. Railroad Grade Crossing @ S.E. 5th. Ave. Pay from Local Option Gas Tax Fund---104-411-5-630-14 6,624.50 GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional and engineering services for various projects. Pay from various accounts. 26,100.99 W.W. GRAINGER, INC. 1 Two Stage Air Compressor for In House Tire Program. Pay from VehicleService Fund---501-193-5-641-00 Per bid #033-502-91VSMG 1,350.00 J.F. HOFF ELECTRIC Blanket P.O. #82716 - Periodic Est. #9 - Motor Control Cen- ters 1 & 2 at the Water Treatment Plant per bid specifications. Pay from Utility Cap. Improve.---404-000-0-690'10 Per bid 11/21/89, Commission approved 12/5/89 8,361.13 HUGHES SUPPLY, INC. Meter Boxes, Lids, Redi Repair Clamps for installation of new Water Meters. Pay from Water & Sewer Rev---401-333-5-387-00 - 4,823.50 " " " " " 401-333-5-398-00 501.50 Per Bid #004-401-91 5,325.00 IBM CORPORATION Blanket P.O. #85507 - Maintenance month of May, 1991 for AS/400. Pay from various departments. 1,575.45 INDUSTRIAL WELDING Blanket P.O. #87283 - Payment #1 for dumpster repair and maintenance. Pay from Sanitation Fund---431-341-5-430-13 3,170.00 JOSIAS & GOREN, P.A. 12,765.05 Statement for professional services rendered - General Mat- ters $7,053.40; Woods Edge Assoc. - $30.00; Farm Stores, Inc. - $50.00; Unfair Labor Charge - IBF&O - $1,932.45; Hosking Foreclosure - $87.50; McIntosh Foreclosure - $170.00; Crossings of B>B> - $100.00; Woolbright Partners - $71.05; Miller Meier =~'~~ $2,635.70; Mrotek - $162.45; Tradewinds - $300.00; FLWAC Appeal~'~"Jvl~vl - $172.50. Pay from General Fund---001-141-5-461-00 MAY APPROYAL 21. 22. 23. 24. 25. 26. 27. 28. 29. MCDONALD DISTRIBUTORS, INC. Partial payment P.O. #86992 for materials to be used to construct replacement Electrical Panels at Lift Stations. Pay from Water & Sewer Utility Rev---421-000-0-691-21 Commission approved bid #003-401-91 OAKS WHOLESALE DISTRIBUTION Chemical Agents to replace chemical stock in Police Dept. Pay from General Fund---001-211-5-381-00 PALM BEACH COUNTY SOLID WASTE AUTHORITY For use of County Landfill for month of April, 1991. Pay from Sanitation Fund---431-341-5-490-01 PEROXIDATION SYSTEMS INC. Blanket P.O. #85986 - Partial payment - 50% hydrogen peroxide solution for corrosion and odor control program. Pay from Water & Sewer Rev---401-352-5-365-00 PETERSEN INDUSTRIES 1 Boom Rotator and parts needed to repair Petersen Light- ning Loader #89 for Sanitation. Pay from Sanitation Fund---431-341-5-433-00 SEALAND CONTRACTORS, INC. Blanket P.O. #85692 for Ezell Hester Park Payment #4 - $179,328.69 and Rolling Green Park Payment #3 - $13,228.82. Pay from Public Svs. Tax Fund---301-721-5-640-30 179,328.69 " " " " " " 301-721-5-634-01 13,228.82 Per bid 11/20/90, Commission approved 1/10/91 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Professional services rendered for Invoices 90/91-406, 408, 410 and 412 for Odor Abatement Project. Pay from 1985 Constr. Fund---409-000-0-691-20 SOUTHEASTERN MUNICIPAL SUPPLY New Water Pipe Line installation and replacement of Old Waterline. Pay from Water & Sewer Rev---401-362-5-650-01 Per bid #004-401-91 STAR PUBLISHING COMPANY, INC. 25,000 Summer Boynton Bulletins for Recreation Dept. per bid. Pay from General Fund---001-721-5-472-00 1,192.50 " " Publicity Fund-101-191-5-450-10 1,192.50 9,335.47 1,657.60 137,122.99 20,036.25 5,683.78 192,557.51 12,108.54 6,437.00 2,385.00 30. THE ROLM COMPANY Blanket P.O. #86029 - Maintenance Agreement for Telephone System from 5/1/91 to 7/31/91. Pay from General Fund---001-197-5-433-00 5,801.61 MAY P, 1 199] APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Grad~W. Swann, Finance Director I therefore recommend payment of these bills. ger ADDED: Auxiliary Power Systems Air conditioning generator sets trailer mounted $115,155.00 COMMISSION ,'WAY ~1 199] APPROVAL CH2M HILL Inv#04-404 Inv#04-405 Inv#04-4!2 Inv#04-4i3 Inv#04-427 Inv#04-489 $ 346.02 T.O. 10D Professional services during bidding and construction of the Motor Control Centers at the East Water Treatment Plant $ 20,428.40 T.O. 10E Professional engineering services during bidding and construction of improvements to the Boynton Beach East Water Treatment Plant $ 4,235.53 T.O. 13 Professional services for design and construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant $ 9,296.09 Professional engineering services for design, services during construction, and testing of Aquifer Storage Recovery Test Facility $ 803.05 T.O. 15 Professional services during construction for Sanitary Sewage Pump Stations 310, 408 and 411 $ 1,467.92 T.O. 11 Professional services for Data Acquisition and Control System Total $ 36,577.01 Above Invoices for the Period of 02/25/91 thru 03/24/91 COivi ¥i SSIO MAY :~! :1991 APPROVAL N