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Minutes 12-04-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 4, 1990 AT 6:00 P.M. PRESENT ~ene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There Was a moment of silent prayer followed by the Pledge of ~!legiance to the Flag which was led by Commissioner Denys 'ISam" DeLong. ~GENDA APPROVAL ice Mayor Wische moved item VIII. A.i., discussion on the e Care Program, up on the Agenda to Announcements, 5. Under NEW BUSINESS A.i., Commissioner DeLong added "City Board Orientation." ~nder LEGAL C. 10., City Manager Miller added a proposed Resolution in connection with a Tri-Party Agreement rela- Give to a turn lane. This was between the County, the City ~nd Target Shopping Center. Under ADMINISTRATIVE H., Mr. Miller added "Payment for Appraisal Reviewer Services." ~ice Mayor Wische moved to adopt the Agenda as amended. Commissioner DeLong seconded the motion which carried 5-0. ANNouNCEMENTS !. Mayor Moore announced that City Hall will be closed December 24, 25 and January 1, 1991 for the holidays. $. There was brief discussion about when to hold the first ~ity Commission meeting in January. Brief remarks were made BY the City Attorney about limited charter flexibility in ~his regard. The Commissioners agreed to hold the first meeting in January on Wednesday, January 2, 1991. $. Annual Civil Service Board Report eroy Harris, Vice Chairman of the Civil Service Board eported 132 new employees were processed in the 89/90 year. ~he Personnel Dept. received 2,140 applications during the lear. Civil Service examinations were given to 775 appli- ants. In the coming year, the Board will be reviewing men~ments to the Civil Service Rules & Regulations. Mr. arrls recognized the presence in the audience of Board mem- bers Ralph Marchese, Norman Gregory and Eddie Mitchell. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 4. Proclamations al) Volunteer Blood Donor Month - January, 1991 b) Division of Headstart & Children Services of Palm Beach County - 25th Anniversary - December 16 through December 22, 1990 Mayor Moore indicated the Proclamations would be signed and f~rwarded to the appropriate parties. 5i. We Care Program ~lizabeth Collins, 1010 S.W. 3rd Way, explained this new ~rogram provides assistance to elderly persons in our com- munity. Sometimes older citizens need help with basic tasks iuch as cooking a meal in an emergency, changing a light ulb or picking up medication from the store. About 60 olunteers are involved in this program. In an average week hey answer about 35 calls. Although this program had tatted in Leisureville, Ms. Collins envisioned expansion ilnto other communities. She indicated she would be willing tlo assist other communities in setting up such a program. ~. Mayor Moore expressed appreciation for the Holiday Tree iin City Hall's lobby which was donated by the Boynton Beach ~ions Club. ~RESENTATIONS Florida Public Library Association - Friend of the Year Award 1990 ~irginia Farace, Library Director, presented the Florida ~ublic Library Association - Friend of the Year Award to Ms. lizabeth White, President of the Boynton Beach Friends of ~he Library. Ms. White had devoted an enormous amount of ~ime and effort towards recruiting workers, special pro- ~ects, obtaining Library donations, initiating new events and services and actively mobilizing legislative support on behalf of libraries. Village Royale on the Green Donation ne Executive Officer of Village Royale on the Green praised he City's Police Dept. and Fire Rescue Squad for providing ~rotection to the residents of his community. A donation of i1,000 was made to both the Police FOP Lodge and the Fire ~escue Squad. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA DECEMBER 4, 1990 BIDS Al Consideration of Awarding Bid for Park Development to Sealand Construction Company Ezell Hester and Rolling Green Park City Manager Miller reported the City received five bids for these two park projects. Staff recommended that the City go with the low bidder, Sealand Construction Company. Their bid for Ezell Hester Park was $2,318,000 and $186,449 for Rolling Green Park. These were base bids plus alternates. Vice Mayor Wische moved to approve the recommendation of s~aff. Commissioner Weiner seconded the motion which carried 5-0. City Manager Miller indicated he would bring the contracts b&ck to the Commission at the next meeting. The Mayor asked why they should wait that long. Attorney Cherof indicated they could be authorized to execute this administratively. Cbmmissioner Weiner moved to authorize the Mayor and City C~erk to execute the contracts in accordance with the bid, through the City Manager. Commissioner DeLong seconded the m~tion which carried 5-0. P~BLIC HEARING P~BLIC AUDIENCE Lynne Matson, 1 West Chesterfield Drive, made a donation of Royal Poinciana seeds to be used by the Recreation & Parks ~ept. in their Adopt-a-Tree Program. This was the second tlime Mr. and Mrs. Matson had donated seeds for this program. Maurice Rosenstock, 1 Villa Lane, suggested that in pre- aring the Commission Agendas, a sentence or two be added to asically describe the item so that the public can be more ~nformed. Mr. Rosenstock didn't think that adding items to the Agenda ~n the night of the meeting was really fair to the public as lhey might wish to comment. He thought it would be wise to dopt a rule saying the Agenda is closed (except for 9mergencies), 24 hours prior to the meeting. ~hirley Stevens, 2832 S.E. 5th Circle, representing the Boynton citizens Coalition stated the Coalition felt ~hat prior to Commission election or appointment, the indi- Vidual must have lived in the district for at least six months. This would ensure that the Commissioner is familiar ~ 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 with the district, its neighborhoods and problems. She requested the City Code be changed to reflect this. Commissioner Weiner indicated she would be glad to add this item to the next Agenda and have Mr. Cherof prepare an Ordinance to this effect. Mayor Moore pointed out the Charter presently states 60 days and he felt that was ample. Vice Mayor Wische remarked that the Charter currently indi- cates an elected official has to live in the district 60 days. He stated there is no provision for an appointed official. The Vice Mayor thought 60 days was sufficient whether the person was elected or appointed. Discussion ehsued. M~yor Moore indicated he would consider Commissioner W~iner's statements a motion and he asked if there was a s~cond. The proposal died for lack of a second. Ms. Stevens stated the Coalition asked that the Commission einact an Ordinance establishing a recall provision for mem- bers of the Commission. The Coalition was aware of State Sltatute on recall of municipal officials. They thought this Was a good thing, but as additional protection, they asked t~e City to adopt its own Ordinance, so in the event the State Statute is abolished, the City's Ordinance would still ~xist. If the Commission did not wish to enact such an Qrdinance, the Coalltlo asked that the question be placed ~n the March ballot. ~iscussion took place among the Commissioners. The Vice Mayor commented on wording in a Sun Sentinel article on this ~ubject which he felt was inappropriate and slanted. Other ~omments were made about remarks attributed to Commissioner Weiner in the article. ~ommissioner Weiner moved that this be put on the ballot at ~he March general election, asking for a recall based on the State's recall provision. The motion died for lack of a ~econd. ~s. Wilda Searcy, 402 N.E. 13th Ave. asked the City Clerk to ~ead a letter she had composed. Mrs. Kruse read the letter which addressed several topics, including Tradewinds and the problems of discrimination and drugs. Ms. Searcy hoped that ~he Ezell Hester Park property could be utilized for afford- ~ble housing. She also hoped an amphitheater could be built lehind the Winn Dixie on Federal Highway. EvELoPMBNT PLANS ~. CONSENT AGENDA - ~ UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD 1. Request for eighteen (18) month time extension - Preliminary Plat - Citrus Park, PUD Staff recommended approval of this request. Vice Mayor Wische moved to grant the 18 month time extension. COmmissioner DeLong seconded the motion which carried 5-0. LEGAL Al. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 090-56 Re: Amend Beach Decal Ordinance to include the Town of Ocean Ridge Ciity Attorney Cherof read proposed Ordinance No. 090-56 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 90-45 WHICH AMENDS CHAPTER 16, ARTICLE II. CITY PARKS AND BEACHES. DIVISION 3. TRAFFIC AND PARKING REGULATIONS. SECTION 16-82 RULES, REGULATIONS CONTROLLING PARKING OF VEHICLES AT MUNICIPAL BEACH PROPERTY LOCATED WITHIN THE TOWN OF OCEAN RIDGE. DEFINITIONS. OF THE CODIFIED ORDINANCES OF SAID CITY; PROVIDING THAT EACH AND EVERY OTHER SECTION OF ORDINANCE 90-45 AND CHAPTER 16, ARTICLE II. CITY PARKS AND BEACHES, DIVISION 3. 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." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. Q90-56 on second and final reading. Commissioner Weiner ~econded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 5-0. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 2. Proposed Ordinance No. 090-57 Re: Modification of C-1 Zoning District C~ity Attorney Cherof read proposed Ordinance No. 090-57 by c~ption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION C. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS PROVIDING FOR RESTAURANTS, BEAUTY SALONS, MANICURISTS, TAILORS, DRESSMAKERS AND BARBER SHOPS AS CONDITIONAL USES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILIT¥ CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. ~s there was no response from the audience, THE PUBLIC H~ARING WAS CLOSED. ~ice Mayor Wische moved to adopt proposed Ordinance No. 090-57 on second and final reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue ~ruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Motion carried 4-1. Mayor Moore stated there had been a request by the owner of the beauty shop involved, Helene Harrington, for a waiver of t~e $750 fee for processing of the conditional use. Chris ~utro, Planning Director recommended the fee be waived. ice Mayor Wische moved to waive the fee. Commissioner rtis seconded the motion which carried 5-0. 9. Ordinances - 1st Reading: ~. Proposed Ordinance No. 090-58 ~ Re: DCA Stipulated Settlement Agreement dity Attorney Cherof read proposed Ordinance No. 090-58 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR AN AMENDMENT TO THE 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 COMPREHENSIVE LAND USE PLAN AS ADOPTED BY THE CITY OF BOYNTON BEACH IN 1989; SPECIFICALLY PROVIDING FOR REMEDIAL ACTIONS TO BE TAKEN BY THE CITY OF BOYNTON BEACH PURSUANT TO THE TERMS AND PROVISIONS OF THE STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF COMMUNITY AFFAIRS ON OR ABOUT MAY 15, 1990, A COPY OF WHICH IS ATTACHED HERETO AND IDENTIFIED AS EXHIBIT "A"; PROVIDING FOR AN ADDITION TO THE POLICY STATEMENT TO ENSURE THE AVAILABILITY OF PUBLIC FACILITIES TO SERVE DEVELOPMENT PROJECTS WHICH WERE APPROVED PRIOR TO THE ADOPTION OF COMPREHENSIVE LAND USE PLAN; PROVIDING FOR A DATE FOR WHICH A DRAINAGE MASTER PLAN WILL BE COMPLETED BY THE CITY OF BOYNTON BEACH AND TO DEFINE THE SCOPE OF THE DRAINAGE MASTER PLAN; PROVIDING FOR THE ESTABLISHMENT OF LEVELS OF SERVICE STANDARDS FOR PEAK HOUR CONDITIONS ON SPECIFIC ROADS OR ROAD SEGMENTS LOCATED IN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR A REVISION TO THE CAPITAL IMPROVEMENT SCHEDULE OF IMPROVEMENTS TO ENSURE CONSISTENCY OF THE PROJECTIONS OF CAPITAL EXPENDITURES FOR DRAINAGE FACILITY IMPROVEMENTS; PROVIDING FOR A REVISION TO THE ANALYSIS AS CONTAINED IN THE CAPITAL IMPROVEMENTS ELEMENT TO INCLUDE PROJECTIONS OF ALL EXPENDITURES, REVENUES, FOR ALL REVENUE SOURCES AND TAX BASIS, OPERATING COSTS CONSIDERATIONS, AND DEBT CAPACITY; PROVIDING FOR A REVISION TO THE COMPREHENSIVE PLAN TO INCLUDE A POLICY OR POLICIES WHICH WILL ADDRESS THE RESTORATION OR ENHANCEMENT OF DISTURBED OR DEGRADED ESTUARIES; PROVIDING FOR A REVISION TO THE COMPREHENSIVE LAND USE PLAN TO INCLUDE OBJECTIVES AND POLICIES THAT ARE COMPATIBLE WITH AND FURTHER THE GOALS AND POLICIES OF THE STATE COMPREHENSIVE PLAN; PROVIDING FOR A REVISION TO THE COMPREHENSIVE PLAN TO INCLUDE OBJECTIVES AND POLICIES THAT ARE COMPATIBLE WITH AND FURTHER THE GOALS AND POLICIES OF THE TREASURE COAST COMPREHENSIVE REGIONAL POLICY PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALING PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-58 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City dlerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye lotion carried 5-0. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 2. Proposed Ordinance No. 090-59 Re: Amend ordinance/registration of alarm systems City Attorney Cherof read proposed Ordinance No. 090-59 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 90-43 OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 2.5-5, TERM OF PERMIT FEE OF CHAPTER 2.5 ALARM SYSTEMS; PROVIDING THAT EACH AND EVERY OTHER SECTION OF ORDINANCE 90-43 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." Nice Mayor Wische moved to adopt proposed Ordinance No. Q90-59 on first reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Sue Kruse, City ~lerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. 3. Proposed Ordinance No. 090-64 ~ Re: Annexation - Mall Corner Restaurant City Attorney Cherof read proposed Ordinance No. 090-64 by aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; MiNUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 4, 1990 REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE: PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-64 on first reading and upon the recommendation of the C~ty Planner. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue K~se~ity Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. Proposed Ordinance No. 090-60 Re: Land Use Element Amendment - Mall Corner Restaurant ~ity Attorney Cherof read proposed Ordinance No. 090-60 by aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVI- SIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ~ommissioner Weiner moved to adopt proposed ordinance No. )90-60 on first reading. Vice Mayor Wische seconded the ~otion and a roll call vote was taken by Sue Kruse, City Ilerk as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 5-0. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 5. Proposed Ordinance No. 090-65 Re: Rezoning - Mall Corner Restaurant City Attorney Chero~ read proposed Ordinance No. 090-65 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COM/~UNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ~ice Mayor Wische moved to adopt proposed Ordinance No. 0i90-65 on first reading. Commissioner Weiner seconded the m~tion and a roll call vote was taken by Sue Kruse, City C!lerk as ~ollows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Motion carried 5-0. 4' Proposed Ordinance No. 090-63 ~ Re: Annexation - Winchester Boulevard Restaurant dity Attorney Chero~ read proposed Ordinance No. 090-63 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES: PROVIDING THE 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-63 on first reading. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 7i. Proposed Ordinance No. 090-66 Re: Land Use Element Amendment - Winchester Boulevard Restaurant C!ity Attorney Cherof read proposed Ordinance No. 090-66 by c~ption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ice Mayor Wische moved to adopt proposed Ordinance No. 90-66 on first reading. Commissioner Artis seconded the otion and a roll call vote was taken by Sue Kruse, City ~lerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Aye Aye Aye 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Mayor Moore Vice Mayor Wische MOtion carried 5-0. 8i. Proposed Ordinance No. 090-67 Re: - Aye - Aye Rezoning - Winchester Boulevard Restaurant Ciity Attorney Cherof read proposed Ordinance No. 090-67 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mice Mayor Wische moved to adopt proposed Ordinance No. 090-67 on first reading. Commissioner Artis seconded the ~otion and a roll call vote was taken by Sue Kruse, City lerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 090-61 Re: Annexation - Knuth Road PCD ~ity Attorney Cherof read proposed Ordinance No. ~aption only: 090-61 by "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." ~ice Mayor Wische asked if there were any objections on this firom the DCA. Chris Cutro, Planning Director, responded there were objections on the Knuth Road project, the Boynton Bieach Blvd. PCD project and the Tara Oaks project. The ~lanning Dept. was involved in putting together an infor- mational package that will clear up questions by the DCA, ~speclally in the area of traffic for the Boynton Beach ~lvd. PCD and Knuth Road projects. Mr. Cutro wished to ~ithhold his recommendation on those projects until the next meeting. Mr. Cutro recommended this Ordinance be passed on first ~eading, contingent upon all the reports being provided to him by Kilday & Associates, prior to second reading. One dommissioner suggested tabling the Ordinance until the next ~eeting. Attorney Cherof asked that this not be tabled as it would foul up the notice requirements. Mr. Cutro agreed ith Attorney Cherof and explained the 60 day time frame the ity is working with. These have to be passed or denied by ~ecember 18, 1990. Based on these facts, Vice Mayor Wische moved to approve Ordinance 090-61 first reading. ~roposed No. on ommissioner DeLong seconded the motion and a roll call vote as taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 4-1. Mr. Cutro asked that the Commission next consider item 20 on %he Agenda as it had a direct effect on what was being done. 20. Proposed Ordinance No. 090-68 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.j - Knuth Road PCD 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 City Attorney Cherof read proposed Ordinance No. 090-68 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE IN CONNECTION WITH THE KNUTH ROAD PCD PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW ONE LAND USE DESIGNATION ON THE ENTIRE PARCEL; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 690-68 on first reading. Commissioner DeLong seconded the ~otion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische Aye Commissioner Artis - Aye Commissioner DeLong Aye Commissioner Weiner - Nay Motion carried 4-1. Mr. Cutro asked that the Commission next consider item 10 on tlhe Agenda. There was brief confusion about whether item 9 nad been voted on. The City Clerk clarified that item 9 and iitem 20 were both approved 4-1. 10. Proposed Ordinance No. 090-69 Re: Land Use Element Amendment - Knuth Road PCD lity Attorney Cherof read proposed Ordinance No. 090-69 by 'aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF KNUTH ROAD AND BOYNTON BEACH BLVD.) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/3 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ice Mayor Wische moved to adopt proposed Ordinance No. 90-69 on first reading. Commissioner DeLong seconded the 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Aye Aye Aye Nay Aye M~tion carried 4-1. 1~. Proposed Ordinance No. 090-70 Re: Rezoning - Knuth Road PCD Ciity Attorney Cherof read proposed Ordinance No. 090-70 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ice Mayor Wische moved to adopt proposed Ordinance No. 90-70 on first reading. Commissioner Artis seconded the otion and a roll call vote was taken by Sue Kruse, City ~lerk as follows. Commissioner Artis - Aye Commissioner DeLong Aye Commissioner Weiner - Nay Mayor Moore Aye Vice Mayor Wische - Aye ~tion carried 4-1. .2. Proposed Ordinance No. 090-62 Re: Annexation - Boynton Beach Boulevard PCD ~ity Attorney Cherof read proposed Ordinance No. 090-62 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BOULEVARD PCD (SOUTH SIDE OF BOYNTON BEACH BLVD., APPROX. 950 FEET WEST OF CONGRESS AVENUE) ANNEXING A 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAN~ REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." qice Mayor Wische moved to adopt proposed Ordinance No. ~90-62 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City ~lerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 4-1. Mr. Cutro asked that ~he Agenda. the Commission next insert item 21 from 21. Proposed Ordinance No. 090-71 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.k - Boynton Beach Boulevard PCD City Attorney Cherof read proposed Ordinance No. 090-71 by daption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE BOYNTON BEACH BLVD. PCD PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW A COMMERCIAL LAND USE DESIGNATION; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILIT¥ CLAUSE; AND PROVIDING AN EFFECTIVE DATE." 16 MINUTES - REGULAR CITY COMMISSION ~IEETING ~OYNTON BEACH, FLORIDA DECEMBER 4, 1990 Vice Mayor Wische moved to approve proposed Ordinance No. Q90-71 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Nay Aye Aye Aye Aye Motion carried 4-1. 13. Proposed Ordinance No. 090-72 Re: Land Use Element Amendment - Boynton Beach Boulevard PCD City Attorney Cherof read proposed Ordinance No. 090-72 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BLVD. PCD (SOUTH SIDE OF BOYNTON BEACH BLVD. APPROX. 950 FEET WEST OF CONGRESS AVENUE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHkNGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ~icel Mayor Wische moved to adopt roposed Ordinance No. P 0190-72 on first reading. Commissioner Artis seconded the mDtion and a roll call vote was taken by Sue Kruse, City C!lerk as follows: MOtion Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay carried 4-1. 1~. Proposed Ordinance No. 090-73 Re: Rezoning - Boynton Beach Boulevard PCD Ciity Attorney Cherof caption only: read proposed Ordinance No. 090-73 by 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 "AN ORDINANCE OF THE CITY ~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYI~TON BEACH BLVD. PCD (SOUTH SIDE OF BOYNTON BEACH BLVD. APPROX. 950 FEET WEST OF CONGRESS AVENUE), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULAP~LY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT): AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILI¥ CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ~ice Mayor Wische moved to adopt proposed Ordinance No. a90-73 on first reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Motion carried 4-1. 15. Proposed Ordinance No. 090-74 ~ Re: Land Use Element Amendment - Tara Oaks PUD City Attorney Cherof read proposed Ordinance No. 090-74 by Caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D. (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MeDR); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-74 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City ~lerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 4, 1990 Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 4-1. 16. Proposed Ordinance No. 090-75 Re: Rezoning - Tara Oaks PUD ~ity Attorney Cherof read proposed Ordinance No. 090-75 by Caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D., (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 5.0; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE." 'ice Mayor Wische moved to adopt proposed Ordinance No. 990-75 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City ~lerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis - Aye - Nay - Aye - Aye - Aye Motion carried 4-1. Proposed Ordinance No. 090-76 Re: Land Use Element Amendment - Woolbright Place PUD ~ity Attorney Cherof read proposed Ordinance No. 090-76 by iaption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING WOOLBRIGHT PLACE, 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 P.U.D., AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM RECREATION TO RESIDENTIAL (MODERATE DENSITY); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-76 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye ~otion carried 4-1. !8. Proposed Ordinance No. 090-77 Re: Comprehensive Plan Text Amendment Future Land Use Element Support Document Area 7.f ~ity Attorney Cherof read proposed Ordinance No. 090-77 by :aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE MALL CORNER INC., AND WINCHESTER BOULEVARD RESTAURANT PROPOSALS; SAID TEXT AMENDMENT WILL ALLOW PARCELS OF A CERTAIN SIZE TO BE REZONED TO C-3 IF THE INTENT OF PLANNED ZONING DISTRICT SETBACK AND GREENBELT STANDARDS ARE MET: PROVIDING A CONFLICTS CLAUSE: PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY FOR CODIFICATION: AND PROVIDING AN EFFECTIVE DATE." ~ice Mayor Wische moved to adopt proposed Ordinance No. )90-77 on first reading. Commissioner Artis seconded the ~otion and a roll call vote was taken by Sue Kruse, City ~lerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye {otion carried 5-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 I9. Proposed Ordinance No. 090-78 Re: Comprehensive Plan Amendment Element, Policy 1.16.1 - Future Land Use City Attorney Cherof read proposed Ordinance No. 090-78 by caption only: "A~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ALLOWING ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE INDUSTRIAL LAND ~ USE CATEGORY; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY FOR CODIFICATION; i _AND PROVIDING AN EFFECTIVE DATE." "ice Mayor Wische moved to approve proposed Ordinance No. ,90-78 on first reading. Commissioner Artis seconded the lotion and a roll call vote was taken by Sue Kruse, City !lerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. ~. Resolutions Proposed Resolution No. R90-194 Re: Telecommunications equipment and services - Bell Operating Companies "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STATING ITS SUPPORT OF FULL PARTICIPATION OF AMERICAN INDUSTRY IN THE MANUFACTURING AND MARKETING OF TELECOMMUNICATIONS EQUIPMENT, AND SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE." his item was moved up on the Agenda. Mr. C.E. (Buck) 'assmore, Palm Beach County Manager of Southern Bell, .ddressed the Commission. Mr. Passmore hoped the City would pprove a Resolution supporting the Bell Operating lompanies' efforts to get the restrictions on manufacturing .nd information services lifted. The Resolution would also ,e presented to the Florida League of Cities at their 'anuary, 1991 meeting. Mr. Passmore's request is explained 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 in his November 20, 1990 letter to Mayor Gene Moore, which is on file in the City Clerk's office. The Bell Operating Companies wanted to be able to re-enter the field of open Competition in this field. Mr. Passmore commented on other firms (primarily foreign companies) that are able to produce ~elecommunications equipment in this country for sale throughout the world. The Bell Companies are not allowed to do this and feel it is unfair. Commissioner Weiner recalled she had asked the City Manager ~o provide the Commission with more information on this issue. She felt this was a serious matter involving an anti-trust suit, divestiture and a court settlement agreed ~o by this company. Now it appeared the company was seeking go overturn the court settlement it agreed to by ~ongressional legislation. This had not gone to the Florida eague of Cities yet. Commissioner Weiner did not think the ommission should be ruling on this. She felt it was a ourt matter. Mr. paSsmore interjected that none of the Bell Operating companies had agreed to this. It was a iontract agreed to between AT & T (the mother company at the ime) and Judge Harold Greene. Mr. Passmore explained the leasons for the restrictions enacted in 1984. He remarked hat most of the telecommunications equipment in the world oday is produced by Japan, France and Germany because the ell Operating Companies are not allowed to participate. ice Mayor Wische moved to adopt proposed Resolution No. 90-194. Commissioner DeLong seconded the motion which ~arried 4-1. Commissioner Weiner voted against the motion. i. Proposed Resolution No. R90-168 Re: Contract with Gee & Jenson - Civic Center (Previously Tabled) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYlqTON BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF GEE & JENSON, DATED OCTOBER 30, 1990, FOR DESIGN SERVICES FOR CONSTRUCTION OF A RECREATION BUILDING; AND FOR AN EFFECTIVE DATE." 'ice Mayor Wische moved to remove this from the table. ~ommissioner Artis seconded the motion which carried 5-0. !ity Manager Miller explained this had been tabled so that .n update on the Capital Improvement Fund could be prepared. ~e update was before the Commission and Mr. Miller drew .ttention to the fact that $500,000 was proposed on the isting for the Civic Center addition. Taking this into ~onsideration, they would end up with an excess revenue over :xpenses in the CIP program, of $447,406. A 6,500 sq. ft. ddition was proposed to the existing Civic Center. A ~roposed contract with Gee & Jenson for architectural ser- Vices in the amount of $40,500 was before the Commission. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 The additional space would allow room for the Boy Scouts to meet. The funds are available in the CIP program. Commissioner Weiner asked if this would include additional lighting for the existing Civic Center. Mr. Miller responded it did not. Commissioner Weiner wondered how much additional lighting would cost. It was suggested that this Resolution be approved as prepared and Mr. Miller indicated he would have the architect look at the lighting situation separately. Vice Mayor Wische moved to approve the Gee & Jenson Contract. Commissioner Weiner seconded the motion which Carried 5-0. 7. Proposed Resolution No. R90-190 . Re: Defining duties and powers of the Community Relations Board ~ity Attorney Cherof read proposed Resolution No. R90-190 by :aption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING RESOLUTIONS NO. 63-FF, 77-SS, 78-II, 83-FF, 85-N, and 90-KKKK IN ORDER TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOYNTON BEACH COMMUNITY RELATIONS BOARD; PROVIDING FOR THE BOARD'S COMPOSITION, TERMS, THE FILLING OF VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY COMMISSION, DIRECT REAPPOINTMENTS, AND THE POWERS, DUTIES, AUTHORITY, AND FUNCTIONS." ;hirley Jaskiewicz, Chairwoman of the Community Relations ~oard explained that this Resolution updates and con- ~olidates previous Resolutions on the CRB. The new Rules of ~rocedure would prove very helpful. Commissioner DeLong [sked about the language used in Section 8, item d. Mrs. Jaskiewicz clarified that "independent research into any ~omplaints" would be handled at the Board's direction as a Whole. Recommendations could subsequently be made to the City Commission. Other remarks were made about the benefits ~f holding occasional CRB workshops at various sites ~hroughout the community. ~ice Mayor Wische referred to the diverse professional ~ackground of the individual CRB members. He suggested the CRB also take on responsibility as far as addressing needs ~f children and the elderly. The Vice Mayor thought the ~ity should utilize the talents of existing boards, instead ~f looking to create new boards. Mrs. Jaskiewicz replied ~he CRB was concerned about the health, safety and welfare ~f all residents in the City. Discussion ensued and various ~pinions were expressed. The Mayor thought the Vice Mayor's ~uggestion was excellent. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 The City Manager reminded the Commission a final report w~uld be coming before the Commission in January from the Task Force on Children and Youth. He also pointed out the CRB was established through a mode of Resolution. He recom- mended this be established by Ordinance. The Mayor agreed and stated they should vote on the Resolution and if approved, incorporate it into Ordinance form. Mice Mayor Wische moved to adopt proposed Resolution R90-190. Commissioner DeLong seconded the motion which carried 5-0. Commissioner Weiner referred to the final report of the Task ~orce on Children and Youth which would come before the ~ommission at the first meeting in January. Before the Commission assigned the recommendations of the Task Force to ~he CRB, she thought the least they could do was listen to ~he recommendations. She thought the Commission would agree ~he CRB has plenty of work to do already and a separate Advisory Board on Children and Youth is needed. The Mayor ~hought Commissioner Weiner's request to hold off making a decision until the Commission hears the Task Force's final report was reasonable. ~ne Commission didn't have any problem with the following ~even Resolutions and agreed to address them with one motion. The captions to the Resolutions are provided for ~nformat lonal purposes. 3. Proposed Resolution No. R90-191 Re: Supporting the bridge conceptual plans by FDOT over Intracoastal Waterway at the Boynton Beach Blvd. location "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE DEPARTMENT OF TRANSPORTATION CONCEPTUAL PLAN FOR THE LOW LEVEL BRIDGE (26' VERTICAL CLEARANCE) AT THE BOYI~TON BEACH BOULEVARD LOCATION; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-192 Re: Addendum to the agreement for landscape architectural services between Oscar Vagi and the City "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN ADDENDUM TO THE CONTRACTS FOR THE DESIGN OF A 23 ACRE SITE AND MULTI-PURPOSE COMMUNITY CENTER, AND THE DESIGN OF ROLLING GREEN PARK BETWEEN THE CITY OF BOYNTON BEACH AND OSCAR VAGI & ASSOCIATES ARCHITECTS, INC., WHICH ORIGINAL CONTRACTS WERE DATED JUNE 23, 1988; A COPY OF SAID 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 ADDENDUM BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-193 Re: Library State Aid "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STATING ITS SUPPORT OF A POLICY STATEMENT PROMOTING STATE AID TO ALL PUBLIC LIBRARIES IN FLORIDA AND THE EQUITABLE DISTRIBUTION OF SAID FUNDS, TO BE INCORPORATED INTO STATE LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS: AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-195 Re: Water Service Agreement - Arcadia Properties "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT FOR ARCADIA PROPERTIES BETWEEN THE CITY OF BOYNTON BEACH AND LOUIS AND IRA ALWEISS, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-196 Re: Easement Agreement between Florida Power and Light and the City of Boynton Beach for construction of Woolbright Road riqht-of-way "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN ANCHOR EASEMENT BETWEEN FLORIDA POWER AND LIGHT COMPANYAND~t~E CITY OF BOYNTON BEACH FOR THE PURPOSE OF RELOCATING FACILITIES FOR ROAD IMPROVEMENTS; A COPY OF SAID EASEMENT AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-197 Re: Southeast Development - Release of Surety "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING A CASH RESTORATION BOND IN THE AMOUNT OF $8,000.00 FOR BOYNTON LAKES NORTH, PLAT NOS. 4, 5 & 6." Proposed Resolution No. R90-198 Re: Tri-Party Agreement - Improvements at Hypoluxo Rd. and Congress Ave. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN TRI-PARTY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN DEVELOPMENT, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." City Manager Miller added this Resolution to the Agenda at the beginning of the meeting. This was a condition of approval from both the Planning & Zoning Board and the City CDmmission, when the Target Shopping Center was approved. ~ice Mayor Wische moved to adopt items 3, 4, 5, 7, 8, (as numbered on the Agenda). Commissioner Weiner sieconded the motion which carried 5-0. O~HER 9 and 1!. Seppata & Aho Settlement Agreement ~ity Attorney Cherof had sent a draft of a Settlement Sitipulation to Seppla & Aho's attorney, Mr. Robert C. Ross. ~r. Cherof had requested Mr. Ross' comments/corrections and t!o date had not received any response. Mr. Cherof requested ~ommission authorization to submit the Stipulation through t~e pending Court case, bringing the lawsuit to a conclu- s!lon. ~ice Mayor Wische moved to approve Mr. Cherof's recommen- dation, commissioner DeLong seconded the motion which ~arried 5-0. ~. Cook Construction - Proposed Settlement Offer ~ity Attorney Cherof explained this involved a dispute be- tlween the City and George Cook Construction. Cook ~onstruction had demanded payment for additional work which ~ould be passed on to subcontractors and suppliers. Mr. ~herof had attended a meeting with Cook Construction's ~ttorney, Mr. J. Reeve Bright. Mr. Bright had followed up ~he meeting with a letter confirming the areas of agreement. Mr. Cherof did not agree with Mr. Bright's analysis of the ~eeting, but did recognize that every claim has a nuisance ~alue and Mr. Cherof indicated he would report that to the ~ommission. Mr. Cherof still thought there were outstanding ssues, particularly since the City's consultant had bjected to the work performed. The consultant had also illed the City additional dollars for overseeing the addi- tional work. Mr. Cherof requested authorization to pursue a hree party agreement between the City, the contractor and he consultant. · 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Vice Mayor Wische moved to follow the recommendation of Mr. cherof. Commissioner Weiner seconded the motion which carried 5-0. 3. Request for authorization to enter into negotiations with Bank of Boston - Stanford Park City Attorney Cherof stated the City had acknowledged that this project could not possibly be completed within the time period provided for by the Code. There was a foreclosure on the property by the Bank of Boston. The Bank was requesting s!ome extensions so they can perform the many conditions pre- ~iously represented to the State to get the project ~ompleted. Mr. Cherof noted the City had done this once before in the Blum Plat where the City negotiated an exten- sion period. Authority was requested to pursue this in the same manner. This is the entire ACLF project located on Hypoluxo Rd. The project is about 90% complete Construction-wise, but public improvements are not complete. ~ommissioner Weinsr moved to authorize the City Attorney to ~nter into negotiations. Vice Mayor Wische seconded the ~otion which carried 5-0. Mr. Cherof indicated he would ~eport back to the Commission on this. ~ayor Moore declared a brief recess at 7:40 P.M. The ~eeting resumed at 7:50 P.M. ADMINISTRATIVE ~. FAU Public History Internship ·his item was taken out of order on the Agenda. The City Nas been working with the School Board for many years to ~lace the old school sites adjacent to City Hall on the ational Historic Register. Former Mayor Stanley Weaver sked that the City work with ~ ~oy----~-~ Historical Society So the City can acquire the property and have it preserved. The City Manager thought the next time the School Board ~pproached the City with a request, the City should remind ~hem of this situation. Dialogue on this subject has con- ~inued for over 15 years. Comments were made by Former ayor Harvey Oyer about the historical significance of the chool buildings which date back to the early 1900s. ~arrie Parker, Assistant City Manager requested Commission ~uthorization to apply for a FAU Public History Intern stu- dent to perform the background research ~or the National ~egister. A Resolution would subsequently be prepared to be ~ent to the School Board requesting the school sites be )laced on the National Register. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Vice Mayor Wische moved to authorize staff. Commissioner Weiner seconded the motion which carried 5-0. OLD BUSINESS A. Sign Code Comparison (Previously Tabled) Vice Mayor Wische moved to remove this topic from the table. Commissioner DeLong seconded the motion which carried 5-0. The Commission had been provided input by the Ad Hoc Sign C~mmittee, City staff, the Planning & Zoning Board and the Ciommunity Appearance Board. Input was also recently pro- v!ided by Chris Cutro, Planning Director. Commissioner ~einer asked Mr. Cutro if any of his suggestions denied or rlefuted any suggestions made at the recent Workshop meeting bY the PZB or CAB. Mr. Cutro replied he did not review the ~aterial in that context. He had reviewed the material iindependently, based on his experience with Sign Codes ~lsewhere. The PZB had not reviewed Mr. Cutro's remarks. Commissioner Weiner commented on the amount of time the PZB and CAB had spent going over the Sign Ordinance. Mayor Moore stated input had been received from numerous ~ources and now it was up to the Commission. Mr. Miller iindicated he did not want Mr. Cutro as the new Planning Director, to have to refute or dispute opinions of City ~oards. Lengthy discussion took place. ~r. Cutro stated he was sensitive to the fact that staff had ~evoted a lot of work to this project. He didn't feel, after being with the City only six weeks, that he had the night to immediately start interpreting the opinions of ~thers involved. He commented on the amount of time the Building Official had spent on this. ~ity Manager Miller stressed that when you're talking about hign standards, you are tal~ing about individual opinions on at is aesthetically pleasing and acceptable. Valuable ~nput had been received from several sources. Comments on ~he process were offered by Maurice Rosenstock, Chairman of ~he Planning & Zoning Board. Mr. Rosenstock wanted the PZB ~o have an opportunity to provide input on Mr. Cutro's most decent suggestions. ~ity Attorney Cherof indicated he would draft a proposed .mendment to the Ordinance with the assistance of Mr. Jaeger .nd Mr. Cutro. He was asked to take into consideration the nput from the various boards and committees and to try and ~ave the material ready for the next meeting. 28 · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Jose Aguila, member of the Planning & Zoning Board thought it would be helpful to create a chart comparing the opinions of the various bodies involved. V~ce Mayor Wische moved that staff proceed as directed. C~mmissioner DeLong seconded the motion which carried 5-0. L~ter in the meeting, the Mayor asked the City Manager if the Chamber of Commerce had provided any input on this t~pic. Mr. Miller responded negatively. NEW BUSINESS Ai. Items for discussion requested by Commissioner Denys "Sam" DeLong City Board Orientation C0mmissioner DeLong pointed out that the last Board O~ientation she personally attended was held in April, 1987. D~scussion took place among the Commissioners about resuming t~e procedure and holding the orientations either quarterly, s~mi-annually or annually. Mr. Miller indicated he would t~ke care of this. CITY MANAGER'S REPORT 11. Recommendation from Special Master - International Brotherhood of Firemen and Oilers Union (IBF&O) Ckty Manager Miller reported the recommendations of the Special Master had been received in connection with areas that the Union and City had come to impasse on. A summary o~ the recommendation was contained in memorandum No. 9Q-045C from Carrie Parker, Assistant City Manager to Mr. M~ller. The City and Union have 20 days from December 3, 1~90 to accept or reject the recommendations. If the City or union reject any or all of the recommendations, they have ib days to submit to the Commission the reasons for the r~jection and the suggested settlement language. A full r~port would be provided the Commission and a staff recom- mendation made. 21. Boynton Beach Emergency Services - Request to Serve Several Barrier Islands Ckty Manager Miller reported that some of the barrier island c~ties, including Gulfstream, Briny Breezes and Ocean R~dge, are not satisfied with the services they are receiving from Bethesda Ambulance Company. The contract 29 MINUTES - REGULAR CITY COMMISSION MEETING ~OYNTON BEACH, FLORIDA DECEMBER 4, 1990 expires February, 1991. These cities would like to investi- gate Boynton Beach once again providing this service. Mr. Miller had advised the cities the service would cost them more than what Boynton Beach taxpayers pay because of the surcharge on water used outside our corporate limits. Mr. Miller expressed concern about certain areas. He wished to investigate this and report back to the Commission. ADMINISTRATIVE Copy charges for duplicated copies of City records City Manager Miller explained that the Legislature, during ~he last 1990 session, approved an amendment to the Public ~ecords Act relative to the amount charged for photocopies f public records. Boynton Beach has been charging 10¢ per page. Staff recommended the fee immediately be increased to 15¢ per page (20¢ for two-sided copies). As this falls Under the provisions of amended Florida Statute ~19.07(1)(a), Mr. Miller stated no local Ordinance need be ~dopted. The Commission did not object to the increase. ~. Sale of City-owned Land for ! Infill Construction Program Johnnetta Broomfield, Director of Community Improvement, explained the request before the CommissIon was to allow the City to use C~ty-owned land for the start of the Inf~ll Construction Program. The value of the land donated by the ~ity would be used as part of the down payment to assist ~ndividuals to qualify when they go to the lending institu- tion. Additional financial assistance may be provided, depending on the number of individuals in the family and income. Ms. Broomfield's request to get the Infill Construction Program underway is explained in detail in her ~emorandum No. 90-197 to the Commission. If they were talking about lots bordering the old sewer lift station in ~he north end of town, the Mayor thought that would be an 6ndesirable location and a waste of time. Other remarks ~ere made about whether that lift station was still opera- ~ional or not. Vice Mayor Wische moved to authorize Ms. Broomfield to ~roceed. Commissioner DeLong seconded the motion which Carried 5-0. ~. Approval of Temporary Signs for Holiday Parade Commission approval was needed to erect six 4' X 8' billboard type signs throughout the City, advertising the ~nnual Holiday Parade. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Vice Mayor Wische moved to approve the signs. Commissioner DeLong seconded the motion which carried 5-0. E. Appraisals and Sale of City Owned Land Johnnetta Broomfield, Director of Community Improvement, explained the City's Charter process when City-owned land is siold. She requested not that the process be waived, but t~at it be accomplished in another manner. She asked that t~e City work with a lender. The lender would do a residen- tlial survey of the property. A land appraisal would be included in the package. Prior to the sale being consum- mated, a value would be established. Once established, the property could be sold. They would not advertise it on the market again because an individual that comes into the ~ommunity Improvement Dept. and qualifies for the program will select the lot that they would like to have their home built on. That information and the application package would be sent on to the lender. The appraised value will be Used as the down payment assistance plus any other financing assistance the City may need to give them. Vice Mayor Wische moved to authorize proceeding in the ~anner described by Ms. Broomfield. Commissioner Weiner ~econded the motion which carried 5-0. 9. Railway Grade Crossing - S.E. 5th Avenue As outlined in the City Manager's Agenda memorandum No. 90-346, the railroad crossing at S.E. 5th Avenue is in need 6f rehabilitative work. Pursuant to the 1927 agreement bet- ween the Florida East Coast Railway and the City, certain expenses are to be borne by each party. The total estimated ~roject expense in this case is estimated to be $21,200. ~he City's share computes to $3,600. The remainder will be paid by FEC. Vice Mayor Wische moved to accept the City Manager's recom- mendation. Commissioner DeLong seconded the motion which ~arried 5-0. Itemized Billing From Prudential-Bache for Professional Services Affiliated with Water/Sewer Bond Issue As outlined in the City Manager's Agenda memorandum No. 90-343, monies are owed Prudential-Bache for services ren- dered in 1989 in connection with the Water/Sewer Bond Issue. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Doak Campbell III, Attorney for Prudential-Bache, had been authorized to accept $20,000 as full settlement of all outstanding amounts due. This item tied in with bill ~3, listed on the Consent Agenda under Approval of Bills. Commissioner Weiner moved to approve this settlement. Vice Mayor Wische seconded the motion which carried 5-0. ~. Payment for Appraisal Reviewer Services dity Manager Miller reported Palm Beach Appraisers and ~onsultants had completed seven appraisal reviews for the City at a cost of $1,550. Nice Mayor Wische moved that the amount be paid. ~ommissioner Weiner seconded the motion which carried 5-0. ~ONSENT AGENDA · Minutes i. Special City Commission Mtq. I. Regular City Commission Mtg. i. Special City Commission Mtg. Minutes of November 16, 1990 Minutes of November 20, 1990 Minutes of November 27, 1990 Bids - Recommend Approval - All expenditures are approved in the 1990-91 Adopted Budget None. ~. Purchase of Lucus Extrication Tool via Grant Award ~s outlined in Jim Ness, EMS Coordinator's memorandum ~90-442 to the City Manager, Commission approval is needed ~o purchase a Lucus Extrication Tool set (Jaws of Life) with itate grant money in the amount of $7,000.00. ). Approval of Bills ~ee list attached to the original copy of these Minutes in :he City Clerk's office. 7ice Mayor Wische moved to approve the Consent Agenda. 2ommissioner Artis seconded the motion which carried 5-0. 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 ADJOURNMENT The meeting properly adjourned at A~TEST: c~ ~e~:k ~p~r~) R~cording Secretary (Three Tapes) 8:30 P.M. CI~TON BEACH Vice Mayor ~~~ner Commis~ loner ' Commis sione~ 33 4,: AGENDA December 4, 1990 CONSENT A~ENDA D ce: Fimance l~t Serv Rec Utilites ALLIED LIME P.O. #85569 ~ Pebble Quick Lime deliveries for Oct.,1990. PaY from Water & Sewer Revenue Fund 401-332-5-365-00 $ 17,317.96 RAY ALLEN INSURANCE AGENCY Audit premium for 10/16/89 - 10/16/90 for Worker's Comp. Self Insurance thru Professional Administrators. Pay from Self Insurance Fund---622-195-5-134-00 14,354.00 DOAK S. CAMPBELL, III TRUST Full settlement to Prudential-Bache for Financial Advisory Services. Pay from W & S Utility Rev. Fund---421-888-5-798-00 20,000.00 CHAZ EQUIPMENT CO., INC. Balance P.O. 83614 - Boynton Bch Water Treatment Plant High Service Pumps No.'3 and No. 7. Pay from Utility Cap. Improve.---404-332-5-642-00 Per bid 1/17/90, Con~nission approved 2/6/90 54,629.00 CUES, INC. 1Levelwind Assembly Kit for high wear replacement part for T.V. Truck. Pay from Water & Sewer Rev---401-351-5-433-00 "Sole Supplier" 1,047.08 DAVIS WATER & WASTE INDUSTRIES, INC. Rental Scrubber for month of November, 1990. Pay from Water & Sewer Rev.---401-352-5-499-00 Commission approved contract. 3,750.00 ROGER DEAN CHEVROLET, INC. P.O. #85401 - 1989 Pontiac Gran Prix for Police Dept. Pay from Misc. Trust Fund---691-000-1-691-20 9,050.00 DELRAY ELECTRIC MOTORS & PUMPS P.O. 85849 - Mechanical Seal-Allice Chalmers - $185.00 and P.O. 85821 - Rewind & rebuild 5 RP Allice Chalmers pump & motor - $910.90 at Utility Pump Station. Pay from Water & Sewer Rev---401-352-5-345-00 - $185.00 " " " " " 401-352-5-433-00 - $900.00 1,095.90 EASTERN AUTO BODY & GLASS P.O. 85917 - Repairs to vehicle #188, #104 and #405. Pay from Self Insurance Fund---622-195-5-440-01 5,022.38 Pay from various departments. EASTMAN KODAK COMPANY September, 1990 Usage and October, 1990 minimum billing for Model 70 copier. COMMISSION OEO 4 m~ APPROVAL 1,154.16 11. ERNST & YOUNG Professional services rendered in connection with the audit of the City's 9/30/90 financial statements. 1st interim billing. Pay from various departments. 15,000.00 12. FLA. PETROLEUM LIABILITY INSURANCE PROGRAM ADMINISTRATORS,INC. Liability coverage for bodily injury and property damage to third parties due to contamination from underground storage tanks. Carrier: National Union Ins. Oo. Pay from Self Insurance Fund---622-195-5~449-00 2,687.00 13. INDUSTRIAL WELDING CO. Partial payment P.O. 85981 - Dumpster repair & maintenance for Public Works. Pay from Sanitation Fund---431-341-5-430-13 2,700.00 IBM CORPORATION P.O. #85627 - Upgrade AS/400 MOD 40 TO MOD 45 and 8MG Memory Card to 16MG Memory Card to respond to demands from user depts. and allow for growth. "Sole Source", Commission approved 10/10/90 54,392.00 JEFFREY ALLEN, INC. P.O. #85493 = 252 batteries for Golf Course for 90/91 budget. Pay from Golf Course---411-727-5-345-00---$8118.00 " " " " 411-726-5-433-00 198.00 Piggyback Manatee County Bid, Commission approved 9/18/90 8,316.00 LANTANA PEAT & SOIL Partial payment P.O. #85984 - Top dressing Fore Greens & Tees. Pay from Golf Course---411-726-5-346-00 1,150.00 LESCO Partial payment P.O. #85985 - Green & Tee supplies. Pay from Golf Course---411-726-5-361-00---$2722.50 " " " " 411-726-5-399-00 94.50 2,817.00 18 .i MARTIN'S LAMAR P.O. #85690 - 20 Jumpsuits and 170 Work Trousers - restock items for warehouse. Pay from Warehouse Fund---502-000-0-410-13 "Bid Items" 3,411.50 19.~ ED MORSE CHEVROLET, INC. i P.O. #86078 - 1989 Chevrolet Astro Van for Police Dept. Pay from Misc. Trust Fund---691-000-1-691-20 13,200.00 20.1 OLD DOMINION BRUSH 2,934.54 P.O. #85699 - Parts & supplies to repair Street Sweeper #8053. Pay from General Eund---001-411-5-433-00---$2734.54 " " " " 001-411-5-345-00 200.00 "Sole Source" COMMISSION APPROVAL 21. 22. 231. 27 2§ COMMISSION P B & S CHEMICAL P.O. #85570 - Chlorine for Water Treatment., Pay from Water & Sewer Rev---401-332-5-363-00 A OVAL 5,016.00 PAIGE ELECTRIC CORPORATION P.O. #86018 - 500 Ft. 8/3 submersible cable and 500 Ft. submersible cable for wells 16 & 18. Pay from Water & Sewer Rev---401-331-5-430-02 "Manufacturer Supplier East Coast" 4/3 1,628.21 PALM BRACH COUNTY BOARD OF COUNTY COMMISSIONERS Construction permit fee - West Water Treatment Plant Pay from 1985 Const. Fund---409-000-0-690-10 3,000.00 PRIDE OF FLORIDA P.O. #85709 - 12 Picnic Tables needed at Oceanfront Park. Pay from Rec & Mun. Beach Improve. Fund---303-000-0-693-00 2,028.00 RAM INDUSTRIAL COATING P.O. #85385 - Cleaning & repainting of South Eimco-Enviro- tech potable water clarification unit @ Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-430-19 Per bid 5/29/90, Con~nission approved 7/3/90 13,999.00 RUDIK PRINTING, INC. P.O. #85411 - 250M Incident Cards used in the Con~nunication/ Dispatch division. Pay from General Fund---001-000-1-450-20 "Best price in printing quote" 2,217.50 SCE INC. Payment #2 - Odor Abatement System - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building Project from 10/6 to 10/25/90. Pay from 1990 Construction Fund---409-000-0-691-20 66,522.05 SOUT~ FLORIDA TRANE SERVICE P.O. #86085 - Emergency repairs to A/C Lightening damage. Pay from Self Insurance Fund---622-195-5-440-01 TELECOM ENGINEERING CONSULTANTS, INC. P.O. #86088 - Provide labor & materials to establish telephone service from the switch to the Civic Center. Pay from Public Service Tax Constr.---301-721-5-629-00 Commision approved 11/7/90 UNIJAX P.O. #85731 - Supplies needed to restock warehouse. Pay from Warehouse Fund---502-000-0-410-11 Per bid #011-192-90-vsm ASPLUNDH SERVICE CENTER P.O. #85844 - Repairs & service for Tree Tri~ning Truck #528 in Parks Dept. Pay from General Fund---001-722-5-433-00 6,899.15 4,484.00 3,692.75 1,420.31 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. Scott Miller, City Manager