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Minutes 09-28-87MINUTES OF SPECIAL CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA ON MONDAY, SEPTEMBER 28, 1987 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Sue Kruse, Deputy City Clerk Raymond S. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:30 P.M. AGENDA APPROVAL Vice Mayor Marchese recommended the following changes to the agenda: Item IV Capital Improvement Program be moved up as Item II Item II Review of Proposed Amendments to the Sign Ordinance be moved down as Item IV Motion was made by Commissioner Zibelli to accept the agenda as corrected. Motion was seconded by Vice Mayor Marchese and carried 5-0. CAPITAL IMPROVEMENT PROGRAM City Manager Cheney stated that on September 22nd bids were opened for the second time for the construction of the Municipal Building Projects which includes remodeling and new construction of the City Hall block, remodeling and new construction at the Library, and remodeling and new construction in the Public Works area. He noted that four bids were received. Three of the bids were for one part of the program only and one bid was for the entire project. He noted that when they added the bids and reviewed them, the bid for the entire project had a bid of $8,398,000. He stated that the total of the three individual bids had a combined bid of $8,483,000 which was $85,000 above the bid for the entire project. He also noted that the low bid is $1,000 less than what they had recommended as low bid pre- viously. Mr. Cheney recommended that the bid be awarded to the company of Seppalo and Aho in the amount of $8,398,000. In addition, he recommended that Alternate 91 in the amount of $123,714 be awarded. Alternate 91 is for the changing of the air conditioning in the old section of the Library and a complete change of the ceiling and light fixtures throughout the Library so that it will be consistent with the new Library. He compared the $123,714 add on with the indivi- -1- SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 dual who bid for the Library itself who gave a figure of $210,000 for the add on. Mr. Cheney noted that Seppalo and Aho's add on is about half the other bid; however, he noted that these two could not really be compared because it was not known just what the base bid included on the single bid. He noted that the actual bid price is 11 percent over the estimate which was made approximately sixteen months ago. He stated that all the bids taken, when analyzed, come in at a few thousand dollars of each other. Mr. Cheney noted that this backed up the feeling that this is a true bid for what the buildings should cost. He also called attention to the sheet which compared all costs associated with the new buildings which included cost of the move to Pineland, project management, architectural fees, temporary trailers as well as a set aside of $215,000 for Fire Station 93. He also noted that he had shown where the funds would come from. He stated that some of the funds were allocated in May 1986 when the project design was approved. Mr. Cheney stated that some of the money came from projects where the money had not been spent since the bond issue, interest has been earned from the money in the bank, some projects have not been acted upon as quickly as anticipat~ed. He also stated that the use of funds does not take~ away from the parks, expansion and land acquisition, major capital pro- jects as recorded in the $11,000,000 revenue bond issue, day care center, etc. Mr. Cheney noted that Wilson Park land application has been delayed for a year, but the money is available in case property becomes available. Mr. Cheney also noted that Seppalo and Aho did the work on the East Wing of the City Hall noting that they finished the project on schedule and did a good job. He also noted that the new project is a very complicated one which involves both new and remodeling. He noted that he felt so few bids were received due to the fact there is so much construction going on at this time and also because many companies do not like to do remodeling. He noted that the town of Palm Beach recently opened bids for remodeling their town hall and they only had four bids. Commissioner Zibelli asked if Alternate #1 is the only add on. Mayor Cheney stated that it is at present, if no Change Orders come in. City Manager Cheney noted that he antici- pated that with the skill this company has, they may find a number of suggestions to save the City money. Commissioner Zibelli noted that the figure with the add on is $8,521,714. -2- SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 Vice Mayor Marchese thanked the City Manager for a very comprehensive report. He ~noted that he was opposed to the re-bidding process. He stated that when Mr. LaRoche noted that the bids were half a million dollars*apart~ he changed *See CC his mind and voted to go to re-bid. He noted that after the Minutes of second bids were in, Mr. LaRoche did not save the City a 10-06-87 for dime and his only recommendations were to leave some of the correction. items off the contract. Mr. Marchese recommended that the City take legal action to recover the additional money that "apart" he has cost the City Mayor Cassandra noted that the deci- should be · "fat" sion to re-bid came about as~a result of the bid being over budget, noting that there was a possibility of two more law suits against the City. He stated that he would suggest that this item be put aside and move ahead with the project. Mayor Cassandra asked if the Utilities CIP would affect the collateral on the recreation. He noted that $11,000,000 had been pledged over the coming year. City Manager Cheney assured the Commission that the debt service for that is planned and available when needed. Commissioner Mann made a motion that the contract be awarded to Seppalo and Aho including Alternate 91 and to approve the acquisition of the money to fund this as proposed by the City Manager's memo dated September 25, 1987. Commissioner Hester seconded the motion and it carried 5-0. Mr. Cheney noted that the first pre-construction conference is scheduled for Monday afternoon, October 5th. They will begin with general issues and gradually get into the pro- cess. He noted that Seppalo has chosen their general superintendent for the project, and individual superinten- dents will be chosen for each of the three projects. He stated that he anticipates being in the new City Hall within 18 months but the schedule would have to be worked out with the contractor and is not available at the present time. Mayor Cassandra asked if landscaping would be added at the end of the project. Mr. Cheney stated that it would and included the Communications Center noting that the Communications Center would not have as much landscaping as the other buildings due to the location of drainage areas and underground fuel tank. He also noted that if the City ever wishes to change the color of the buildings or the design, the architect should be consulted. RESOLUTIONS Proposed Resolution 87-NNN Proposed resolution was read by City Attorney Rea in title only: -3- SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA REPEALING RESOLUTION 82-VVV RELATIVE TO WATER RATES; ADOPTING FEES AND CHARGES FOR SERVICES OF THE SEWAGE DISPOSAL SYSTEM; ADOPTING WATER RATES, WATER METER CONNECTION CHARGES, CHARGES FOR METER DEPOSITS AND OTHER CHARGES RELATIVE THERETO; PROVIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE DATE. Commissioner Hester moved to adopt proposed Resolution 87-NNN amending the utility rates. Motion was seconded by Vice Mayor Marchese and carried 5-0. Proposed Resolution 87-000 Proposed resolution was read by City Attorney Rea in title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A SANITATION RATE SCHEDULE. Vice Mayor Marchese moved to adopt proposed Resolution 87-000 adopting a sanitation rate schedule. Motion was seconded by Commissioner Hester and carried 5-0. Proposed Resolution 87-PPP A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR THE FISC~ YEAR BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. City Attorney Rea read the proposed resolution in its entirety inserting the following: Section 2: $138,247 Vice Mayor Marchese moved to adopt proposed Resolution 87-PPP. Motion was seconded by Commissioner Zibelli and carried 5-0. REVIEW OF PROPOSED AMENDMENTS TO THE SIGN ORDINANCE Mayor Cassandra noted that, due to the small group of people in attendance, he would open the discussion to the public. He passed out a copy of the paper which put the comments of the Committee, Staff and Chamber side by side for com- Parison. Mr. Bob Weil with Woodstone Custom Signage, Inc. took part in the discussion on behalf of the Chamber of Commerce. -4- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 Mayor Cassandra noted that Planning and Zoning and Community Redevelopment did not come back with comments. He further stated that he had received comments from the Downtown Review Board and the Chamber of Commerce. Section 21-1. Short form. Accepted as is. Section 21-2. Purpose. After some discussion, Mr. Weil agreed that they had no real problem with the Committee's recommendation and the Commission agreed to leave it as the Committee has recom- mended. Mr. Weil pointed out that at times there are spe- cial circumstances and he felt this should be taken into consideration. Section 21-3. Definitions. Advertising structure. Accepted as is. Ar ea. Accept as is with staff comments. Banner. Accepted as is. Combustible sign. Mr. Weil discussed the use of the word "nonilluminated" sign and what it has to do with a temporary sign. Mayor Cassandra stated that they would look into this one and bring it up again. Directional sign. Accepted as is with staff comments. Double faced sign. Chamber of Commerce suggested back to back with no more than a 45 degree angle between faces and the Committee recom- mended a parallel space. Mr. Weil noted that with a large setback, if a sign is not angled, it cannot be seen. He explained that they think of a double faced sign as being a -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 temporary sign. It was agreed that this one should be more clearly defined. Electrical sign. Mr. Weil questioned the use of an electrical sign which is not hooked up. He suggested that the sign box should be allowed even if it is not hooked up. This one will be given further consideration. Building facade. Accepted as is. Fixed projection sign. Mr. Weil stated that as long as the thickness of the sign cabinet is not considered as part of the projection, he has no problem with this one. Commission agreed that they intended that the sign itself should extend outward for no more than six inches. This one will be rewritten for clarity. Flag. Accepted as is. Flat sign. Accepted as is. Free standing sign. Mr. Weil questioned the last part of the statement reading, "only the project title or one main use." There was much discussion regarding various signs and if they are in compliance with existing regulations. Mayor Cassandra stated that this could allow signs that are already up to stay as they are and have the rule apply to future signs. Commissioner Zibelli noted that with the large setback, people may not be able to tell what businesses are located in a center. Mr. Jon L. Shudlick with Dutch Realty, Inc. spoke at length stating that he felt the City should not be able to tell a business what they can advertise on their sign. The Commission agreed to look at this one further. Identification sign. Mr. Weil asked why only the rear of the building was spelled out. Mayor Cassandra noted that the business would already -6- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 have its sign out front and the one in the back would be for the service entrance. Mr. Weil noted that at least a small Sign should be allowed without a permit. The Commission agreed to consider this one further. Inspector. Accepted as is. Mall. Accepted with staff comments. Off premise sign. Accepted as is. On premise sign. Accepted with staff comments. Painted wall sign. Accepted with staff comments. Parapet. Accepted as is. Perimeter. Accepted as is. Political sign. Accepted as is. Projecting or canopy sign. Mr. Weil questioned the use of "which does not have any movement." He noted that staff comments have eliminated that statement and he agrees with staff. City Manager Cheney noted that he felt the intention of staff was that the sign not have movement. Commission and staff ~will check into this one. Premises. Accepted with staff comments. -7- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 Public right-of-way. Accepted as is. Real estate sign. Accepted as Real property. Accepted as Recreation facility. Accepted as Roof sign. Accepted as is. Roof top sign. Accepted as is. Shopping center. Accepted as is. Sidewalk or sandwich sign. Accepted as ~s. Sign. Accepted as Sign, area of. Mr. Weil expressed his concern regarding this one. He questioned measuring only around the letters on one sign and measuring the total sign on the other. The Commission will give this further consideration. ~i~n contractor electrical. Accepted as is. Sign contractor non-electrical. Accepted as is. -8- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 Sign face. Accepted as is. Snipe sign. Accepted as is. Temporary buildinq sign. Mr. Weil questioned the use of the word, "nonilluminated sign." This will be given further consideration. Vehicular sign. Mr. Cheney noted that this is a hard one to enforce. Accepted as is. Window sign. Mr. Weil requested a clarifiation be made on this one. He asked about a sign which is visible through the glass and if this makes it part of their signage. This will be con- sidered further. Section 21-4. Permits required. There was some discussion regarding property which has a street in the front as well as in the back. He noted that the back would be allQwed only a small amount of signage. It was his feeling that the business should be allowed to advertise on both streets. This will be looked at further. Section 21-5. Signs not subject to permit requirement. Real estate signs accepted with staff comments. Direction signs accepted as is. Signs located totally within the exterior walls of a building, and not visible from the outside of the building. This will be looked at further. A single yard sign not to exceed four square feet in area This will be considered. -9- SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 permitted sign in which only the Copy is changed. This will be considered. There were comments by Mr. Shudlick and Mr. Weil. Mr. Shudlick made some general comments which related to the fact that he felt the local businesses were not being notified that a new sign ordinance is under consideration. Mayor Cassandra noted that they have been notified and they are welcome to attend these special meetings. He noted that he would try to take measures to make sure that businesses are informed. Section 21-6. Permit application. (a) The type of sign or sign structure as defined in this chapter. Accepted as is. (b) The estimated value of the sign and sign structure. Accepted as is. (c) The street address of the ... Accepted as is. (d) The square foot area per sign and dimensions of sign structure. Accepted as is. (e) The name(s) and address... Accepted as is (f) Document with property owner's... Accepted as is (g) Chamber suggests 32 square feet and Committee suggests 16 square feet. Mr. Weil stated that his comment is due to setbacks. Commission agreed to the 10' height limitation. This was agreed upon with the consideration of setbacks. (h) Name of sign contractor. Accepted as is. (i) For rebuilding a site . . . Accepted as is. Section 21-7. Interpretation of applications for permits. Accepted as is. Section 21-8. Permit fees. Mr. Weil raised the question regarding costs for permits stating that he felt that cost was excessive in some cases particularly for a small sign which costs $29. He noted that this should state that the permit cost cannot be -10- SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 greater than a certain percentage of the sign cost. Mayor Cassandra stated that he felt this should be based on per- centage of size. Mr. Weil stated that he felt some con- sideration should be given to raising the maximum cost. This will be looked at further. Section 21-9. Permit issuance; contents. Accepted as is. Section 21-10. Permit number to be displayed on sign. An agreement was reached that 30 days be used instead of 15 as proposed by the Chamber. Discussion followed. Mr. Weil also recommended that a statement be put in that says what would make the sign acceptable. It was agreed that "30 days" could be used. It was noted that there is a filing fee and a permit fee. Section 21-11. Permit expiration. Accepted as is after discussion regarding changing 90 days to 1 year. It was agreed that an application for sign permit should not be requested until the company is ready to put the sign up, thus 90 days is adequate. Section 21-12. Bond or liability insurance required. To be removed from the ordinance. Section 21-13. Licensing, competency of contractors. (a) ~ign Contractor--Electrical Accepted as is. (b) Sign contractor--Nonelectrical Accepted as is. (c) Owners, lessees. This is to be corrected to take into consideration the 10' height maximum, and set- back. (16,/32). After a short break, the meeting resumed at 9:20 P.M. Section 21-14. Signs, sign structures prohibited. (a) Swinging projecting signs Accepted as is. (b) Off premises signs, except those signs permitted under section 21-16(c) Accepted as is (c) Snipe sign~. Accepted as is -11- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 (d) Sidewalk and sandwich signs Accepted as is (e) Banners - short discussion and the Commission agreed to look at this one carefully. (f) Signs_which involve motion... Accepted as is. (g) It shall be unlawful to ... Accepted as is. (h) Ail commercial advertising... Accepted as is. (i) Electrical signs of a commercial... Accepted as is. (j) Any other type or kind of sign... Accepted as is. (k) Painted wall signs. Lengthy discussion regarding this with various opinions discussed. It was suggested that perhaps a variance would be necessary on this. Many questions regarding variance, maintenance of sign, removal of sign and whose responsibility this would be. It was also noted that there are many of these signs currently in use within the City at present. Mayor Cassandra noted that it was his feeling that the whole aesthetics of the City is at stake in this issue. It was noted that the water tower could be considered as a painted wall sign and discussion followed regarding whether or not this should be allowed. There was also some discussion regarding a company which goes out of business and whose responsibility it would be to remove the sign. Vice Mayor Marchese noted that he voted "no" to wall signs. Mayor Cassandra noted that perhaps a variance might be a good idea rather than saying no wall signs will be allowed. Question was asked what would happen with the painted wall signs already in existence. Mayor Cassandra noted that he felt they could come in and request a variance. Mr. Olenik noted that maintenance of the sign could be enforced. Commissioner Hester stated that he felt a particular type of sign was being discriminated against and he was not in favor of a variance. City Manager Cheney stated that the Sign Ordinance is not a part of the Zoning Ordinance and is not subject to the Zoning Board of Adjustments variance process. Mayor Cassandra also pointed out that it would have to be decided who would recommend approval of a variance - CAB, Commission, etc. This will be given further consideration. -12- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 (1) Roof signs, except roof top signs as defined. Mr. Shudlick asked why Mayor Cassandra stated that the Dutch Realty sign is considered a roof sign. Mr. Shudlick stated that it is part of the structure. City Manager Cheney noted that the definition states that a sign erected on or above the roof or parapet wall of the building is a roof sign. City Attorney Rae stated that he felt the definition would describe the Dutch Realty sign as a free standing sign. Mr. Cheney noted that the Committee was very clear that they felt the Dutch Realty sign was a roof sign. A representative from Gulf Stream Lumber pointed out the fact that he hopes the Commission will consider safety in regard to roof signs. He noted that his company is not clearly visible and without the roof sign, truckers would not be able to see the lumber yard without the sign. The Commission will reconsider this in regard to variance, etc. Section 21-15. Signs permitted and regulated. (A) RESIDENTIAL RI, R1A, R1AA, R1AAB, and R1AAA DISTRICTS (1) A real estate sign ... Accepted as is (2) On plots containinq permitted... Chamber suggests using 32 square feet. Commission will look at this and consider 16/32 as previously discussed. (3) One removable sign of not ... Accepted as is. (4) One name plate sign not ... Accepted as is. (B) R-2 DISTRICTS. Real estate signs as set forth in section 21-15 (A) are permitted. Accepted as is. (C) R-3 DISTRICTS. (1) Real estate signs as set ... Accepted as is. (2) The main use and one accessory.... Committee used a percentage and Chamber is recommending square footage with a fixed maximum. -13- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1987 (3) A condominium of more ... Commission agreed with the 32 feet recommended by the Chamber. (D) COMMERCIAL (C-i, C-2, C-3 AND C-4 DISTRICTS) OTHER THAN SHOPPING CENTERS (1) One nonilluminated real estate...- Mayor Cassandra noted that the 16/32 setback should be considered on this one. Mr. Weil referred to page 22, item (F)(2) noting that this was referring to the Motorola sign. He stated that that sign is 144 square feet when the largest allowed is 80 square feet. He noted that no one would say that that sign is too big. He felt that consideration must be given to the piece of property where the sign is located. Mr. Olenik noted that there is a variance section on the last page of this sign ordinance but does not apply to pro- hibited signs. Mr. Shudlick noted that he was afraid the City was only discouraging businesses from coming into the area. The meeting adjourned at 10:00 P.M. ATTEST: /~- t/' ' City Clerk Reco 'r~g ~/~~ Secretary (Three tapes) CITY OF BOYNTON BEACH, FLORIDA Mayor Commi s s 1 oner ~ Co~missioner -14 -