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LEGAL APPROVALMINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1995 Commissioners Rosen and Jaskiewicz withdrew the motion and second. City Manager Parker advised that the previously-approved motion was that the plan be granted an 18-month retroactive and 24-month time extension with the County phasing option without the service station. Motion Mayor Pro Tem Matson moved to table this until we have a full Commission. Mayor Taylor passed the gavel and seconded the motion. The motion failed 2-2. (Commissione~ Rosen and Jaskiewicz cast the dissenting votes.) Discussion ensued about the fact that Mr. Kilday was aware that Vice Mayor Bradley would not be at this meeting. Mr. Kilday advised that he offered to postpone this request until the next meeting, but another Commissioner admitted having a conflict at that meeting. Moron Commissioner Rosen moved that the plan be granted the 18-month retroactive and 24-month time extension with traffic phasing, and without the gas station. Commissioner Jaskiewicz seconded the motion which failed 2-2. (Mayor Taylor and Mayor Pro Tern Matson cast the dissenting votes.) Motion Mayor Pro Tem Matson moved to table it until we have a full Commission. Commissioner Rosen questioned whether or not the motion was proper. Attorney Cherof responded that due to the nature of the discussion and the fact that there is an intervening motion which failed, the motion to table would be appropriate. Mayor Taylor passed the gavel and seconded the motion. The motion carried 3-1. (Commissioner Rosen cast the dissenting vote.) D. Height exception for 1OO' tower - Motorola Jim Allen, representing STH Architectural Group, was present on behalf of Motorola. He introduced Tim Tourville, Joe Sperlazza and Dave Derck of Motorola. [3 MINUTES - REGULAR CITY CO~...dSSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1995 Mr. Allen explained that the request is that the City grant a height exemption to enable Motorola to construct a 100' 'monopole at the Boynton Beach facility. This monopole will house three antennae immediately, and two additional in the future. The purpose of the tower is to enable Motorola to continue with research and development for new paging products and to permit intercommunications between facilities. There are currently three antennae devices in operation at Motorola. Motorola has begun to experience a problem with transmission and reception. They cannot get a consistent signal at the Boca facility. Raising the height of the antennae devices will enable that communication. The location of the monopole will be outside the southeast corner of the building. The monopole will be 18" in diameter at the top and 42" in diameter at the base. It will be approximately 9' away from the wall, and the antennae will have conduits going to a building which will be facing inside the truck dock yard. It will not be visible from outside. Mr. Tourville addressed the safety issues involved with these devices. He explained that a study was done by CNN Insurance Company and an industrial hygienist. The study was to determine whether the electromagnetic field being produced would be of any harm to the employees. Based on the study, once an employee is 20 centimeters away from the antenna, it is considered safe. Mayor Pro Tem Matson questioned why there were no comments from the City Attorney since this request requires discussion relative to an exception to the height limitation. She requested that the back-up material contain such a memorandum if future requests are to be considered. She further inquired as to whether or not this information should have been reviewed by the Police and Fire Departments. City Manager Parker advised that staff evaluated the criteria set forth in the code. She offered to have staff review it again relative to safety issues. Mayor Pro Tem Matson requested a legal interpretation as to whether or not this request meets our exceptions. Attorney Cherof reviewed the staff memorandum and pointed out that it addresses all of the points set forth in the code including the exceptions to the height limitations. Mayor Pro Tem Matson recalled a situation with Cellular One when the Commission was advised that the request would have to go to referendum. Attorney Cherof advised that the last issue which the Commission dealt with had to do with light poles for BellSouth Mobility. That situation was dealt with in this same manner. 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1995 Motion Commissioner Jaskiewicz moved to approve the 100' tower for Motorola. Commissioner Rosen seconded the motion. May.or Taylor referred to the back-up material and noted that staff did not make a recommendation on this issue. City Manager Parker advised that no recommendation was made by staff at her request since she thought it was staff's responsibility to present an analysis based on the criteria, and then the Commission could make a determination. Mayor Pro Tem Matson requested that when this comes back on the agenda for site plan approval, she would like to see safety recommendations, specifically with regard to hurricanes. Ms. Heyden advised that this request would fall under an administrative site plan process. One of the Motorola representatives advised that the monopole will be engineered to withstand the full hurricane forces which are currently required in the Standard Building Code. The engineer of record will have signed and sealed drawings submitted to. the City, and it will be in full compliance. The motion carried unanimously. E. Lawrence Lakes PUD master plan modification to add two lots Enrico Rossi, Engineer of Record since 1989, represented the applicant. He was present to address questions regarding additional impacts which might be involved. Attorney Cherof administered the oath to all who would be testifying. Mr. Rossi explained that this project was zoned for 33 lots in 1989. It was subsequently reduced to 32 lots to provide for the type of lots required by the developer. The developer who started the infrastructure went bankrupt and the property was taken over by the RTC. Lawrence Lake Development Corporation then purchased the property and is the current developer. The applicant is requesting two additional 60' x 100' lots along the entrance road which would change the density from 2.4 units per acre to 2.55 units per acre. The infrastructure is in place and the applicant has approvals for water, sewer, electric, and drainage. The traffic is based on 20 trips per day. Verbal information from the County indicates that there will be an immeasurable impact on the traffic. A heavy landscape buffer is planned on the roadside 15