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Minutes 06-21-94 HINUTES OF THE REGULAR CITY COHHISSION HEETING HELD IN COHHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OUNE 21, 1994, AT $:30 P. H. PRESENT Edward Harmening, Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P. M. The Rev. John Block, Pastor of St. Mark Catholic Church delivered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Harmening. D, Agenda Approval 1, Additions, Deletions, Corrections Mayor Pro Tem Bradley added Item II.E (Discussion on Public Audience). City Attorney Cherof consolidated Items XI.A and X.C.1. City Manager Parker deleted Item IV.B.1. She advised that the School Board is no longer requesting the use of Joe DeLong Boulevard. They are redesigning the site plan to have the entrance off of Jog Road. City Manager Parker added a bill for Delray Marine Construction Company in the amount of $4,850. Commissioner Katz deleted Item IX.A.1 since the Coast Guard refused the Governor's request. He added Item IX.A.1 (Discussion of two ACLFs; one at N. W. 5th Avenue and 15th Street and an Alzheimer's ACLF at S. W. 19th Avenue). He also added Item IX.A.2 (Discussion of the County's Road Resurfacing Program). Item ×I.D was moved up to II.F. 2. Adoption Notion Commissioner Katz moved to adopt the agenda as amended. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. - 1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 21, 1994 II, ADMINISTRATIVE A, Accept Resignation from Paul Davis, Regular Member, Planning and Development Board Motion Commissioner Aguila moved to accept Mr. Davis' resignation. Commissioner Katz seconded the motion, which carried 4-0. Mayor Harmening announced that Mr. Davis has moved out of town. 1. Appointments to be Made Appointment To Be Made Regl Length of Term Board Alt Expiration Date II Bradley II Bradley III Aguila Mayor Harmening II Bradley II Bradley Mayor Harmening II Bradley Mayor Harmening III Aguila Mayor Harmening II Bradley IV Matson Mayor Harmening Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Children & Youth Advisory Reg Children & Youth Advisory Alt Library Board Alt Nuisance Abatement Board Alt Education Advisory Board Alt Planning & Development Board Reg Education Advisory Board Reg Senior Advisory Board Reg Senior Advisory Board Alt Children & Youth Advisory Reg Planning & Develoment Board Reg Tem expires 4/95 TABLED 2 year term to 4/96 TABLED 1 year term to 4/95 TABLED 2 year term to 4/96 TABLED i year term to 4/95 TABLED 1 year term to 4/95 TABLED 2 year term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED 2 year term to 4/96 TABLED 2 year term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/96 Norton Commissioner Katz moved to take the tabled appointments off the table. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. Mayor Harmening appointed Pamela Winters as a regular member of the Children and Youth Advisory Board, without objection. All other appointments were tabled. B, Lightning Protection for West Plant - Purchase Surge Suppression Devices for the Plant at aCost of $14,722,50 Pursuant to Utilities Memorandum #94-188, the West Water Plant had been knocked out of service by lightning on March 22, 1994 and on May 18, 1994. The Plant was quickly restored to service on both occasions. However, repairs are still being made to restore full control capability and redundancy. The repairs, which total over $35,000, have been paid from the City Insurance account with the Florida League of Cities. CH2M Hill and Stanley Consultants were requested to make recommendations to protect the facility and equipment from further -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA OUNE 21, 1994 damage. Both engineers recommended several additional areas of surge sup- pression devices on equipment which is currently unprotected. These include approximately 175 analog and power surge suppressors and related equipment. The cost of these protective devices is $14,722.50. These devices will be installed by the City's Maintenance Division under the guidance of the surge suppression equipment manufacturer (EDCO) and CH2M Hill. The engineers emphasized that this protection system should be added very soon, since we are in the midst of lightning season. The Utilities Department recommended proceeding with the engineers' recommendations to protect this facility and order the EDCO surge suppression equipment from State Instruments. Funds are available for this purchase in the Utility Construction Fund, account #409-000-0-690.10 CIP WTR 35. Motion Commissioner Aguila moved to approve the purchase of the lightning surge supression devices for the West Water Treatment Plant, in the amount of $14,722.50. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. C, Task Order'No, 22 - CH2M Hill This Task Order serves as an outline for the consulting services we will require from this firm for the balance of this calendar year. Morton Mayor Pro Tem Bradley moved to approve this item. Commissioner Aguila seconded the motion. Mayor Harmening added that this includes coverage of the new elevated storage tank on Woolbright Road. The motion carried 4-0. D, Computer Network for the Police Department Authorization to enter into a contractual agreement with C.P.T. for installation, service, training, interface with AS400, and configuration (turn-key operation) of a computer network system in the Police Department. The contract amount should not exceed $84,000 (quote plus 5%) Pursuant to Police Department Memorandum No. 94-133, on May 17, 1994, the City Commission approved spending up to $100,000 from Law Enforcement Trust Funds on a computer network for the Police Department. The Police Department and Data Processing have researched, visited and interviewed potential vendors and recom- mends C.P.T. and Streetgard, Inc. and/or U.S.A. Software. Motion Commissioner Aguila moved to approve this new computer network system for the Police Department. Mayor Pro Tem Bradley seconded the motion. -3- HINUTES - REGULAR CITY COHI4ISSION HEETIHG BOYHTOH BEACH, FLORIDA ~UNE 21, 1994 Commissioner Katz pointed out that this should not exceed $84,000. Mayor Harmening stated that this should include any contingencies. The motion carried 4-0. Authorization to enter Into a contractual agreement wlth Streetgard, In¢, and/or U,S,A, Software for ~nstallatton, servtce and tra~nlng for a modular software package up to $I6,300 (quote plus 5%) This item was inadvertently skipped over. It was dispensed with after Item II.F. E, Discussion on Publlc Audience Mayor Pro Tem Bradley stated that there was much discussion at the last meeting about a dock that was falling down. He felt it is important for the Commission to be open to public comments. However, it seemed to him that the Commission is commenting on items that oftentimes staff should be directed to handle. Commissioner Aguila and Mayor Harmening agreed. F, Costa Bella Verbal Update City Manager Parker stated that most of the Commissioners have looked at this property and their comments were consolidated. She distributed copies of the City Engineer's memo in response to Mayor Harmening's memo, dated June 6, 1994. Mayor Harmening's memo listed the following: 1. Asphalt from south side of driveway at 600 to 25 feet west of driveway at 504 deeply scarred on sewer side of street - should have been replaced. 2. Sidewalk at 506 NW 6th Way has two cracks - one on left edge of drive and the other edge has been patched. 3. Edge of paving between 506 and 508 never patched. 4. Adjust sprinkler heads where needed and replace dead sod at 504, dead por- tion of 504 which resulted from sprinkler head installed too low. 5. Remove concrete splatter from existing sidewalk where needed. 6. Water puddles in drive at 508 at junction of concrete drive and asphalt. 7. Remove all painted markings which identified existing utilities and sta- tions. In his June 21, 1994 memo to City Manager Parker, the City Engineer, Ron Last, responded as follows: 1. Mr. Bob Morgan of the City of Boynton Beach has reviewed roadway and does not feel it warrants overlaying. Based on the locations specified in the previOus memo, it appears overlaying may be the least expensive solution. I concur with Mr. Morgan and feel the roadway does not warrant overlaying. I will defer this decision to your office. 2. The sidewalk has been patched. The only solution is to replace sidewalk at this location. -4- 141NUTE$ - REGULAR CITY COI414I$$ION HEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 3. The paving condition was pre-existing. 4. We will notify contractor to research condition and correct if necessary. Any dead sod shall be replaced. 5. Contractor has previously removed concrete splatter. Any additional splatter shall be removed as necessary. 6. We have been unable to inspect project during a rain event. We will verify and correct as soon as possible. It appears removing sod and lowering swale grade and resodding may alleviate problem. The location was noted as a trouble spot by Jim White, P. E., who recommended an inlet near this l'oca- tion. Homeowner rejected inlet. I am unable to verify pre-construction condition. 7. Paint markings were made by Boynton Beach Water utilities. Contractor does not feel it is their responsibility to remove paint mark locations. With regard to number 3, Mayor Harmening stated that the crack on the left is a new crack. It does not have any dirt, mold or mildew in it. Since the crack on the other side has already been replaced, he could not determine if it is a new crack or an old one. City Manager Parker stated that Mr. Last felt this was a pre-existing condition based on the pictures of the site. City Manager Parker stated that any concrete splatter will be ground down. Mayor Harmening advised her that a grinder is not needed because the concrete splatter is not extensive. He directed her to tell the contractor to stone it down with a rock. With regard to number 6, City Manager Parker advised that through discussion with the homeowners, the inlet was deleted as part of the contract. Therefore, an inlet cannot be put in at this point since the contract is'already finished. With regard to number 7, City Manager Parker stated that the paint markings could be pressure cleaned. However, this is not the City's standard methodol- ogy. The City usually just lets the paint wear off over the next sixty days. Joleen Rasmussen, 508 N. W. lOth Court, commented on the Mayor's memo. With regard to number 1, she stated that because of broken and uneven edges, it is no longer possible to cleanly edge along the street. With regard to number 2, she added the following damage to the sidewalk: 1. Chips to the sidewalk that were not present prior; 2. Three panels south of 600, surface patch already chipped away; and 3. Five panels north of 600, corner chip caused when new sidewalk was layed. She requested a copy of the video that was made prior to construction. With regard to number 5, she advised that the concrete splatters have been removed. They were located between 508 and 600. However, it is very splotchy where they were ground away. -5- MINUTES - REGULAR CITY COMHISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 With regard to number 6, she advised that the water is collecting in the area formed by the driveway and the street, In response to Mayor Harmening, she stated that this is not a pre-existing condition, With regard to number 7, she stated that J. Scott Miller, former City Manager, assured the residents that the graffiti markings would be quickly taken care of after the job was done and that they would not have to wait sixty days. Ms. Rasmussen stated that the residents are mostly concerned about the street. She stated that it was brought to her attention by the homeowner at 680 N. W. loth Court that during the course of construction, trucks were traveling up and down the north end of the road, losing some degree of dirt. There is now a collection of dirt about a foot and a half from the edge of the grass from 680 N. W. lOth Court, traveling two or three houses north. Ms. Rasmussen stated that there is a two foot wide discoloration located on the driveway at 504 N. W. loth. It appears like a gasoline spill, except it does not evaporate. Ms. Rasmussen also noticed a little breaking away on the north edge of her own driveway. Ms. Rasmussen advised that the residents at 600 N. W. lOth Court have been dissatisfied with their driveway from the very beginning. The south edge of their driveway is not a straight line and there is a crack on the northwest corner. They too have standing water. She stated that the City will be given a petition signed by approximately forty homeowners. She advised that the homeowners along that street are very unhappy. They want to work with the City to make their street as attractive as possible. She stated that if it is entirely a monetary issue, she personally would be interested in working with the City. She asked the Commission not to refuse to fix the street based on the cost. Commissioner Katz stated that the Commission promised these people that their street would be returned to as close to its original condition as possible. He suggested overlaying the street from the intersection all the way around to the last patch as you head north on loth Court. He did not think the residents should have to pay for this. Mayor Harmening felt it could be done cheaper by cutting it in the middle and taking that section out, which is roughly between 25 feet west of 600 and west of the driveway at 504, and the deeply scarred on the sewer side of the street. He believed this will take care of all the patches and all the places where the contractor put his outriggers down and where he dragged his bucket. Ms. Rasmussen pointed out that there are three patches on the north side. It did not make sense to Mayor Pro Tem Bradley to do half the street when the equipment is out there. He pointed out that it would not cost much more to do the entire street. Commissioner Aguila was in favor of overlaying from the beginning of construction to no less than three to five feet past the last mark on the roadway. However, he pointed out that if overlayed, three quarters to one inch of asphalt will be added and then every driveway is going to have water sitting in front of it. Mr. Last just came from this area to see what it looked like in a heavy rain- storm. He advised that there is some standing water in Ms. Rasmussen's driveway -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYHTON BEACH, FLORIDA JUNE 21, 1994 where the pavement meets the asphalt. There was a channel of water approxi- mately nine inches wide, three quarters to an inch deep across the driveway; one spot being slightly lower than the rest. Most of it narrowed down to about a two inch channel of water. If overlayed, he recommended the overlaying start from the beginning of the project where the contractor had to cut the pavement all the way across to add an additional inlet at this point in time and to go from that patch all the way back to 600, where the end of the project is and overlay the entire roadway. He believed if overlayed just to the center line or short of where the contractor made his first cut, there will still be the same patchy look to the road that is there at this point. With regard to overlaying a portion of or the entire road, he pointed out that the price would decrease as the quantity of work increases. Mayor Harmening asked if there was a pay item or a bid item in Johnson Davis' contract for asphalt. Mr. Last advised that there was for asphalt, but not for overlay. In response to City Manager Parker, Mr. Last believed the overlaying would cost in the range of $38,000 for 888 square yards. Commissioner Aguila wondered how much of the problem overlaying would solve. In Ms. Rasmussen's opinion, it would solve 75 to 9D per cent of the problem. Motion Commissioner Aguila moved to direct the City Manager to have the road overlayed from the beginning of construction to past the last cut, if she deems appropri- ate; to resolve the rest of the issues as best she can; to have the contractor resolve the issues which she can have him resolve; and to have the City resolve the issues she determines appropriate. Commissioner Katz seconded the motion, which carried 4-0. Authorization to enter into a contractual agreement with Streetgard, Inc, and/or U,S,A, Software for installation, service and training for a modular software package up to $16,300 (quote plus 5%) This item was inadvertently skipped over and, therefore, dispensed with at this time. Commissioner Aguila moved to approve staff's recommendations. Commissioner Katz seconded the motion, which carried 4-0. At this point in the meeting, City Manager Parker requested that item X.C.7 be moved up on the agenda. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 X. LEGAL C, Resolutions 7. Proposed Resolution No, R94-108 Re: Confirmation of William Hukill as City Engineer Notion Mayor Pro Tem Bradley moved to accept the City Manager's recommendation to con- firm William Hukill as City Engineer. Commissioner Aguila seconded the the motion. Commissioner Katz stated that the last City Engineer commuted a long distance and one of the reasons he left was because of the commute. Mr. Hukill stated that he has commuted from Jupiter to West Palm Beach for the last twelve or fif- teen years, with the exception of last year. He has commuted fifty miles at other times. The commute would not affect his hours or his timely arrival to work. Commissioner Katz pointed out that sometimes Commission meetings run a little late. Mr. Hukill advised that he was with the School Board for ten or twelve years, and it was not unusual for their meetings to run until 2:00 A. M. The motion carried 4-0. The Commission welcomed Mr. Hukill aboard. III, CONSENT AGENDA A, Nlnutes 1, Special Clty Commission Workshop Neettng Minutes of June 6, 1994 No changes were made to these minutes. 2, Regular City Commission Meeting Nlnutes of June 7, 1994 No changes were made to these minutes. B, Bids - Recommend Approval - All Expenditures are Approved in the 1993-94 Adopted Budget 1, Purchase Process Chemicals for the East Water Treatment Plant The Tabulation Committee recommends a multi award of this bid as follows: H. F. Scientific of Ft. Myers, Florida to be awarded items 1, 2, and 8, and Leachem of Titusville, Florida to be awarded items 3 and 4. These vendors are the lowest, most responsible, responsive bidders who meet all specifications. They also recommend Citi-Chem, Inc. & Ion Exchange Technologies to perform "jar tests" with our well water and, if successful, they would like to purchase one 55 gallon drum or a 50 pound bag for trials to be used for next year's specifi- cations. - 8 MZNUTES - REGULAR CXTY CONNI$$ION MEETING BOYNTON BEACH, FLORIDA JUHE 21, 1994 2, Extend Bid for Supplemental Laboratory Analysis for One Year with Existing Firm Under the Same Terms and Conditions The Purchasing Department concurred with the Utility Department's recommendation to extend the bid for an additional year on an as-needed basis. The existing firm has performed satisfactorily with no problems. Funds are available in account number 401-361-5-460.05 in the amount of $15,000. 3, Extend Contract for Manhole Rehabilitation with the Extstin9 Firm Under the Same Terms and Conditions as the Current Year The Purchasing Department concurred with the Utility Department's request to extend the existing bid for an additional year. As per bid specifications, the bid may be renewed for one year under the same terms and conditions with the mutual agreement of both parties. The existing firm has completed projects in a satisfactory manner throughout the entire year. The new contract period will be from July 6, 1994 to July 5, 1995. Funds are available in 421-000-0-691-21 CIPSWR59. C, Resolutions Proposed Resolution No, R94- Re: Authorize acceptance of a deed from Meadowood Groves, Inc. and R. Bradford Arnold to the City of Boynton Beach (five acre parcel park site located upon the property owned by Meadowood Groves, Inc. within the Knollwood Planned Unit Development} ........ TABLED (Same item appears under Legal~ ~e~oiu[i~n~ ~.~) This resolution conveys to the City the five acres of park land required per the agreement between the City and Meadowood Groves a/k/a Knollwood Groves. City Attorney Cherof advised that this item will remain on the table because they have not been able to survey the property. e Proposed Resolution No, R94-102 Re: Reduction in surety for Sunset Cay, a 41 unit single family home development located on Old Military Trail in the unincorporated portion of our service area Approval of Bills A list of these bills is attached to the minutes of this meeting on file in the City Clerk's Office. Mayor Harmening reminded the Commission that City Manager Parker added a bill, in the amount of $4,850, payable to Delray Marine Construction Company, for replacing the channel markers. -9- k NINUTES - REGULAR CITY COHNIS$ION HEETXNG BOYNTON BEACH, FLORIDA JUNE 21, 1994 E. Payment of Bills - H~V, 1994 A list of these bills is attached to the minutes of this meeting on file in the City Clerk's Office. F, Approve Budget Transfer Request Appropriating Funds for Several Pro~- ects tn per Finance Memorandum No. 94-049, at the time of the 1993/94 budgetary process, the CIP Fund was estimated to have $3,105,863 of Fund Balance to Carry Forward to the 1993/94 Budget. :However, after year-end closing, there was actually $2,647,409 in Fund Balance. The difference of $402,451 has been reflected as "Expenditures & Encumbrances" in Account 301-194-5-913-00, Reserve for Future Appropriation. Pursuant to the June 7, 1994 Budget Transfer Request from the Finance Department, the justification of this transfer is to (1) reappropriate funds for projects which were inactive at September 30, 1993, and (2) appropriate funds for recently approved projects as follows: Navigation Channel - Engineering - North Facility - Sara Simms Park Pavillion - Congress Avenue Medians - Reserve for Future Appropriation - $ 2,290 (Increase) 1,249 (Increase) 2,435 (Increase) 5,000 (Increase) $-10,974 (Decrease) G, Request for Refund on Cemetery Lot 305B, Block R, Boynton Beach Nemorlal Park Goldie Bivins requested a refund on the above-described cemetery lot. This would amount to $140 (purchase price less 20%). Morton Commissioner Aguila moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion, which carried 4-0. IV, ANNOUNCEMENTS AND PRESENTATIONS A, Announcements None. B, Presentations Agustln Hernandez, School Board of Palm Beach County - Requesting Use of Joe OeLong Boulevard as the Bus Drop-off Polnt for the Proposed Western High School This item was withdrawn by the School Board. (See discussion under Agenda Approval.) - 10 - MINUTES - REGULAR CITY COl(MISSION I(EETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 Proclamation Honoring Harry Remand for his Dedicated Service to the l(arch of Dimes Mayor Harmening read a proclamation recognizing the contributions of all of the residents and visitors of the City who donated to Mr. Romano, and honoring Mr. Romano for being the top collector in Palm Beach County. He presented it to Mr. Romano with his congratulations. V, BIDS None, VI, PUBLIC HEARING Project Name: Owner: Location: Description: Annexation Program Application #1 - Palm Beach Groves Loy H. Anderson, Jr. and Inger K. Anderson 19.77 acres on the west side of Lawrence Road, approximately 1,300 feet south of Hypoluxo Road Land Use Element Amendment/Rezontng - Request to show annexed land as Agriculture and to rezone from AR {Agricultural Residential) in Palm Beach County to AG {Agriculture) Tambri Heyden, Planning and Zoning Director, stated that back in March, after receiving direction from the Commission to focus annexation efforts around the western boundary of the City, staff came before the City Commission with a pro- posal to annex six pieces of property. One of those properties was deleted, leaving the five applications before the Commission this evening. All have current water service agreements with the City, which have annexation clauses in them. The first application pertains to Palm Beach Groves. This is an established grove business, She pointed out that some of the uses there are not conforming. Their seasonal operation includes the sale of fruits and vegetables {grown both on and off the premises), container plants, gifts and souvenirs. They also offer walking tours of the processing facility, wagon tours, picnic tables and garden trails. Based on the existing use, staff recommends that the land use and zoning be agriculture. The Planning and Development Board unanimously recommended approval of this Plan amendment and rezoning. Since no one in the audience wished to speak in favor of or in opposition to this matter, Mayor Harmening declared the public hearing closed. Morton Commissioner Aguila moved to approve staff's recommendation for annexation of Palm Beach Groves, subject to all comments and recommendations from staff and the Planning and Development Board. Commissioner Katz seconded the motion, which carried 4-0. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 Commissioner Aguila asked what Ms. Heyden suggests doing about nonconforming to the codes. Ms. Heyden stated that in the case of the agricultural zonings, there is overlying Comprenhensive Plan language that restricts the agricultural land use to fruits and vegetables grown on the premises. Therefore, the Comprehensive Plan would have to be changed. In response to Commissioner Aguila, Ms. Heyden stated that we could allow them to continue, but they would continue as legal nonconforming uses. Commissioner Aguila would rather have people come into the City clean and legitimate, and modify the Comprehensive Plan, if staff thinks it is appropriate. Project Name: Owner: Location: Description: Annexation Program Appltcation #2 - Knollwood Groves Knollwood Groves, Inc. 30 acres at the southwest corner of Lawrence Road and Knollwood Road Land Use Element Amendment/Rezoning - Request to show annexed land as Agriculture and to rezone from AR-SE {Agricultural Residential-Special Exception) in Palm Beach County to AG {Agriculture) Ms. Heyden stated that most of the comments staff received are from the Citrus Glen residents. She stated that Knollwood Groves is an established grove busi- ness. Their seasonal operation includes the sale. of fruits and vegetables (grown both on and off the premises), container plants, gifts and souveniers, baked goods and other miscellaneous items, walking tours of the processing fa- cility, wagon tours (which they charge a fee for), and an'exhibit of Native Americans and Florida's natural environment featuring arts and crafts, demonstrations, educational lectures, and keeping of animals, such as alliga- tors. One of the residents of Citrus Glen commented that alligator wrestling demonstrations were being conducted on the site. Staff has investigated this and as far as they can tell, the alligator wrestling demonstrations have been discontinued. There also were a number of nonconforming signs, which have either been removed or will be permitted to become conforming. There was also some concern about speakers from the wagon tours and noise from the truck traf- fic and hayride parties. Based on the use that is there, staff recommends the agricultural zoning and land use. Staff has contacted Palm Beach County to find out what they would consider permitted uses and which ones are nonconforming or legally nonconforming uses. Staff has not received a response yet. The Planning and Development Board voted 5-1 to recommend denial of this proposed amendment and rezoning, primarily based on the comments from the Citrus Glen residents. No one wished to speak in favor of this annexation. Louis Noll, 151 Executive Circle, distributed a packet of information to the Commission. He stated that the back of his house directly faces Knollwood Groves. He is opposed to the annexation of Knollwood Groves at this time because after several meetings with the Zoning Department, it is his understanding that activities not covered by existing permits would be grand- fathered into Boynton Beach as pre-existing nonconforming uses. These include: - 12- HINUTE$ - REGULAR CITY COHt415SZOH HEETING BOYNTON BEACH, FLORIDA OUNE 21, 1994 1. Excessive and nonconforming signs along the road; 2. A "Hallpatee Seminole Village", which sign still appears on Lawrence Road; 3. An alligator show, which is illustrated and described as gator wrestling on that same sign; and 4. A new south entrance from Lawrence Road. He understood from Ms. Heyden and Mike Rumpf of the Planning and Zoning Department that these things have not been declared illegal by the County. Therefore,. if they are brought into the City, they will be pre-existing con- forming uses and we can never get rid of them. His packet of information included the following: 1. Four newspaper articles; Mr. Noll stated that the County Code Enforcement Officer told him that all but one sign would have to be eliminated, which has not been done yet. The Code Enforcement Officer also stated that Ms. Dwyer told him the alligators were grandfathered in and that they always had alligators. However, Mr. Noll pointed out that the February 12th newspaper article states that the alligators were purchased in Central Florida at a meat farm and brought to the subject property in February, six months after the property was purchased. 2. Special Exception Zoning Resolution allowing Knollwood Groves to have a citrus business; 3. A County Occupational License to sell produce, plants, and giftware; 4. County Building Permits for Knollwood Groves; 5. An inactive Occupational License for Tropical Wildlife Tours; 6. Lake Worth Occupational License issued for a construction business at the address of Tropical Wildlife Tours; Mr. Noll stated that these are the same people who brought in the alligators and Indian Village. They have no license. It has lapsed. The Occupational License issued at their address is for a construction company, and Lake Worth said they will not get a license because they only give one license per address. 7. Knollwood Groves Warranty Deed; 8. Knollwood Groves agreement with the City of Boynton Beach; and Mr. Noll pointed out that the only agreement is with the City of Boynton Beach for water services. There is no special agreement about alligators or anything else. 9. County Non-Conforming Use Code and Abandonment Clause. Mr. Noll stated that this Code says that if the use has been abandoned for six months, it is discontinued and cannot be used. Therefore, even if it was there in 1950, it certainly has not been there in the six months prior to February, 1993. - 13 - MINUTES - REGULAR CITY COHNISSION MEETING BOYNTOH BEACH, FLORIDA JUHE 21, 1994 Mr. Noll stated that the County Code Enforcement Officer is sitting back, waiting to see if the City will take it off his hands. Mr. Noll suggested that if Palm Beach County has a problem, let it be worked out before bringing Knollwood Groves into the City. He stated that at the Planning and Development Board, Ms. Dwyer said she is trying to build a tourist attraction similar to what it was in the 1950s. Mr. Noll pointed out that we have 1990s laws now. Mr. Noll stated that Knollwood Groves is permitted by Palm Beach County to operate a citrus sales and service enterprise, to sell produce plants, and gift- ware, and to display one sign at point-of-purchase, which is at the entrance of the property. Mr. Noll objected to activites beyond the scope of this per- mission, without permission. He did not mind this property being annexed as a grove. Jerry Sunmer$, 149 Executive Circle, stated that his house backs up to across the street from Knollwood Groves. When he moved there it was a nice, quiet little grove and traffic went in and out off of Knollwood Road, which runs along the side. There was a dirt road used by tractors and farm machinery. A couple of years ago, when the grove changed hands, that dirt road was paved and a new sign went up indiCating that was the new south entrance off of Lawrence Road. As a result, there has been a great increase of traffic behind his house, including large refrigerator trucks that deliver produce. They all seem to leave at 5:00 A. M. and change gears three times before they get past his house. In addition, a fence went up and many signs are on the fence. He found no County permits for any of this activity. He did not think it should be brought into the City until the nonconforming uses are resolved. Phil Leslie, Past President of COBWRA, and Present Chairman of the Government Affairs Committee for COBWRA, stated that COBWRA is interested in the quality of life in this area, particularly if it is on the City borderline. He stated that this operation has not contributed to the quality of life in this area and has repeatedly violated County Codes in their operation. He suggested postponing annexation of this property until the owners come into compliance with the County Codes so that the City can take it in under existing circumstances rather than having to fight them down the road. If the Commission decides to annex it, he strongly urged them to get a written agreement with the owners, stating that they will comply with exactly the type of licensing the City is willing to give them. Since no one else wished to speak in opposition to this annexation, Mayor Harmening declared the public hearing closed. Commissioner Aguila asked for confirmation that if the City annexes this prop- erty without the owners having active licenses and permits, it cannot be grand- fathered in for something that is not currently active. City Attorney Cherof confirmed that this is correct. He stated that the only conformed uses that come with them are legal conformed uses. Ms. Heyden stated that these properties would not be formally annexed until December, 1994. Therefore, there is time to work with the County to determine what is legal and what is not. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 21, 1994 Commissioner Aguila was in favor of postponing this annexation until some of these issues can be resolved. Commissioner Katz asked if alligator wrestling has been observed on this prop- erty since February, 1993. Mr. Noll did not know if there was alligator wrestling; however, the sign across the street from his house says, "alligator wrestling". Commissioner Katz asked if "illegal" signs still exist on the property. To Ms. Heyden's knowledge, there are still signs up that have not been permitted; however, she believes they are permittable. She stated that if the City annexed the property, the signs would have to be permitted by the City or removed within six months. Commissioner Katz did not believe in postponing annexation of any property con- tiguous to the City, especially property which is undeveloped. He pointed out that once developed, the City would receive the impact fees and everything that goes along with it. Mr. Noll pointed out that the County Code Enforcement Officer ha~ only acted on some of the signs. He has not declared anything they are doing illegal. He is waiting to see what the City will do. Therefore, if the City annexes it, every- thing could come in. However, if it is declared illegal, the City can make the decision to annex it or not. City Manager Parker explained that these items go to DCA for review. The City does not anticipate they will be back until November or December. At that point, it will be presented to the City Commission for first reading of an ordi- nance. Then, at second reading of the ordinance, there will be a public hearing. Any action tonight just moves it forward to DCA to start the process. Commissioner Katz and Mayor Pro Tem Bradley agreed it should move forward to DCA. Mayor Pro Tem Bradley moved to move ahead with annexation of Knoilwood Groves, a 30 acre parcel at the southwest corner of Lawrence Road and Knollwood Road. Commissioner Katz seconded the motion. Commissioner Aguila suggested that if this motion passes, the City spend some time finding out the answers to some of the issues that have been raised so that we can deal with them before the next public hearing. Commissioner Katz agreed. Mayor Pro Tem Bradley pointed out that this gives the County some time to pursue their end of it too. The motion carried 4-0. - 15 - f HINUTE$ - REGULAR CITY COI~I$$ION #EETING BOYNTON BEACH, FLORIDA OUNE 21, 1994 Ce Project Name: Owner: Location: Description: Annexation Program Appllcatlon #3 - Epstein Propert~ a/kl~ Saus~ltto Groves Maurice Epstein, Trustee 31.34 acres at the northwest corner of Lawrence Road and Gateway Boulevard Land Use Element AmendmentlRezonlng - Request to show annexed land as Moderate Density Residential and rezone from RM (Multi-Family Residential Medium Density) in Palm Beach County to R-1 (Single-Family Residential) Ms. Heyden stated that this property is undeveloped. It has several development approvals from Palm Beach County, the most recent one being a 164 duplex proj- ect. The current proposal from the County does not comply with the regulations of the R-1 Zoning District, as only single family units are permitted within this district. However, R-1 is being recommended as the most consistent dis- trict with the Comprehensive Plan recommendation of five units per acre and is consistent with the density shown on their plan of 5.2 dwelling units per acre. Staff recommends that the owners, in anticipation of future annexation, start preparing a request for a rezoning to PUD, since a PUD would allow the duplexes. The property owner is using this plan for marketing purposes and does not want this project to be held up. Ms. Heyden believes there is a very good chance that when someone purchases this property in the future, they are going to want to come back with their own plan anyway. The Planning and Development Board unanimously recommended approval of this Plan amendment and rezoning. In response to Commissioner Aguila, Ms. Heyden indicated that there is no guaranty that the property will be rezoned to PUD. Commissioner Aguila noticed that this annexation will create a small pocket to the east of Lawrence Road. Ms. Heyden advised that this pocket contains two single family homes. Commissioner Aguila asked what can be done to annex that property. Mike Rumpf, Senior Planner, advised that the total property is less than ten acres. Therefore, staff will try to bring this back before the Commission as an enclave. Kevin Ratterree of Kilday and Associates represented the property owners. He had no objection to the annexation or the proposed Comprehensive Land Use cate- gory (Moderate Density Residential). He was concerned, however, that immedi- ately upon annexation, the approval received from the County becomes noncon- forming because of the R-1 Zoning District that the City is proposing. The property owner is using this as the marketing tool and has had several prospec- tive buyers. Mr. Ratterree stated that because we would be nonconforming, we would have to rezone the property to a PUD to reemphasize the exact approval that we have today in order to modify the site plan. He advised that Mr. Kilday met with Mr. Rumpf and City Attorney Cherof today to discuss the following options: - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UHE 21, 1994 1. An annexation agreement which establishes the parameters upon which we agree to annex in, which may allow us to deem the duplex approval to be conforming with the City; 2. A standard development agreement, which likewise can have the same parame- ters; or 3. Establish a mechanism whereby we can get the property zoned as a PUD. In summary, Mr. Ratterree wanted to make sure that the duplex site plan approved by Palm Beach County can continue to be approved even if some quick modifica- tions need to be made to it. He understood this has to go through the City's approval process. He did not want to have to go back through the entire rezoning process to get what is currently approved. In response to Commissioner Aguila, Ms. Heyden believed that when this property is sold, the purchaser is going to end up coming back for some kind of approval, such as type of units, setbacks, road widths, buffers, etc. If annexed, Mayor Harmening felt this property should be annexed as a PUD. Ms. Heyden stated that the only problem with that is the PUD requires a master plan to be prepared and staff is not in a position of designing a master plan concurrent with annexation. Jeffrey Bennett, 4039 Floral Drive, was in favor of the annexation but questioned what they are going to do with the property. Commissioner Aguila did not want to have a site layout defined at the time of annexation. He asked for confirmation that if annexed in as a PUD, the City is only annexing a PUD, and that the layout is not being accepted as part of the PUD. Ms. Heyden stated that the only thing she could identify that is incon- sistent with City code is minimum lot size, rear setback and the type of use. Commissioner Katz agreed with Commissioner Aguila that we should-not decide ahead of time what is going to'be there. He felt the Commission should just annex the land on the recommendation of staff and the Planning and Development Board. Mr. Ratterree pointed out that there is an approved development order by Palm Beach County. Therefore, the Commission would be annexing the development order as well. If inconsistent with the City's Zoning Code, it would be considered nonconforming at that point in time. Since no one in the audience wished to speak in favor of or in opposition to this matter, Mayor Harmening declared the public hearing closed. Morton Commissioner Katz moved to accePt staff's recommendation with regard to Annexation Program Application #3, the Epstein Property a/k/a Sausalito Groves. Commissioner Aguila seconded the motion. - 17 - NINUTE$ - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA ,,1UNE 21, 1994 Mayor Pro Tem Bradley asked if the plan for the duplexes is being accepted. Commissioner Aguila advised that it is not. In response to Mayor Pro Tem Bradley, Commissioner Aguila confirmed that we are just moving ahead with the annexation. Mayor Harmening stated that at this rate, he can see what is prob- ably going to come down, and he was not in favor of it. The motion carried 3-1. Mayor Harmening cast the dissenting vote. Mayor Harmening felt the City could do a lot better if it holds out. Commissioner Aguila agreed. De Project Name: Owner: Location: Description: Annexation Program Application #4 - Heartland Health Care Center Health Care and Retirement Corporation of America 5.75 acres on the south side of Old Boynton Road, approximately 300 feet west of Knuth Road Land Use Element AmendmentlRezonlng - Request to show annexed land as High Density Residential and rezone from RM-SE (Multi-Family Residential Medium Density} in Palm Beach County to R-3 (Multi-Family Residential} Ms. Heyden stated that this is a 100 bed skilled nursing home specializing in the care of Alzheimer's patients. Based on the recommendation of the Comprehensive Plan, staff proposes a High Density Residential and R-3 zoning. The Planning and Development Board unanimously recommended approval of this Plan amendment and rezoning. Ms. Heyden pointed out that the R-3 Zoning DistriCt does not permit nursing homes. Therefore, the City would be annexing a legal, nonconforming use. Since no one in the audience wished to speak in favor of or in opposition to this annexation, Mayor Harmening declared the public hearing closed. Notion Commissioner Aguila moved approval of Annexation Application #4, Heartland Health Care Center, subject to all staff comments. Commissioner Katz seconded the motion, which carried 4-D. Project Name: Owner: Location: Description: Annexation Program Applicatton #5 - Greentree Plaza I PalmCoast Financial Corporation 1.20 acres at the northwest corner of Boynton Beach Boulevard and Knuth Road Land Use Element Anmndment/Rezoning - Request to show annexed land as Local Retail Commercial and rezone from CG-SE {General Commercial-Special Exception} in Palm Beach County to C-3 {Community Commercial} Ms. Heyden stated that there were no objections from the property owners on this annexation. Based on the Comprehensive Plan recommendation, staff has selected - 18 - HINUTE$ - REGULAR CITY COHI4IS$ION HEETING BOYNTON BEACH, FLORIDA ~UNE 21, 1994 a Local Retail Commercial and C-3 zoning. The Planning and Development Board unanimously recommended approval of this Plan amendment and rezoning. Since no one in the audience wished to speak in favor of or in opposition to this annexation, Mayor Harmening declared the public hearing closed. Ho~lon Commissioner Katz moved to approve Annexation Program Application #5, Greentree Plaza I, owned by Palm Coast Financial Corporation. Commissioner Aguila seconded the motion, which carried 4-0. Project Name: Agent: Owner: Location: Description: Bo~mton Lakes Plaza Simmons & White, Inc. Boynton Lakes Partnership Northwest corner of Boynton Lakes Boulevard and Plaza Lane Abandonment - Request to abandon a portion of a special purpose utility easement located at the south- west corner of Cuco's Restaurant Ms. Heyden stated that the restaurant encroaches the easement. Therefore, the easement is being requested for abandonment. It is no longer needed. The util- ities have been relocated. The Planning and Development Board unanimously recommended approval of this request, subject to any conditions received by the various utility companies. Thus far, only Southern Bell has responded and they do not object to this request. Between now and the time of the resolution, staff will have received the rest of the responses and can prepare the ordinance accordingly. Since no one in the audience wished to speak in favor of or in opposition to this annexation, Mayor Harmening declared the public hearing closed. Hotton Commissioner Aguila moved approval of staff's recommendation on the abandonment for Cuco's Restaurant utility easement. Commissioner Katz seconded the motion, which carried 4-0. Ge Project Name: Applicant: Owner: Location: Description: Railroad Avenue Burton Metsch City of Boynton Beach East of the F.E.C. Railroad, west of 513-515 S. E. 4th Street and approximately 100 feet north of S. E. 5th Avenue Abandonment - Request to abandon the portion of Railroad Avenue that abuts 513-515 S. E. 4th Street Ms. Heyden stated that this is a thirty foot wide, unimproved right-of-way. The abandonment is requested in connection with a site plan approval for a - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 motel/apartment project. The Planning and Development Board unanimously recom- mended approval of this request, subject to the conditions received by the utility companies, which is that an easement will need to be dedicated to cover the width of the right-of-way. In response to Commissioner Aguila, Ms. Heyden stated that the applicant is aware of this. Since no one in the audience wished to speak in favor of or in opposition to this abandonment, Mayor Harmening declared the public hearing closed. Notlon Commissioner Aguila moved to approve staff's recommendation to abandon the por- tion of Railroad Avenue that abuts 513-515 S. E. 4th Street, subject to a con- comitant execution of a utility easement large enough to accommodate the existing utilities. Commissioner Katz seconded the motion, which carried 4-0. He Project Name: Agent: Owner: Location: Description: St, Joseph's Episcopal Church and School James A. Ballerano, Jr. St. Joseph's Episcopal Church and School 3300 SOuth Seacrest Boulevard Conditional Use - Request for Conditional Use approval of an expansion to include a new gymnasium and classroom building. Ms. Heyden advised that this is a request for an amended conditional use approv- al to construct a 5,433 square foot classroom building and a 13,722 square foot gymnasium to the existing St. Joseph's Episcopal Church and School. A revised shared parking allocation is requested as part of this approval, based on a staff of 28, a future student body limited by restricted deed covenant to 225 students and a peak parking demand of 133 parking spaces during use of the gym- nasium for afterschool games. No net increase in parking is required; however, some new parking and some redesigned parking is necessary to compensate for some nonconforming parking spaces which need to be removed. (There were some spaces that were added since the last approval which do not meet current code.) The site is located in a district that can be slated for either Modern or Mediterranean. The building is a modern style and conforms with the design district. Elevations were displayed on the easel. The Planning and Development Board unanimously recommended approval of this request, subject to all staff comments. Commissioner Katz asked if St. Joseph's has polled any of the residents in the area to find out how they feel about this. Commissioner Aguila pointed out that a conditional use requires notices to be mailed to all residents within 400 feet of the subject property. Ms. Heyden advised that she has not received any objections. Commissioner Aguila asked if the applicant is aware of staff comments. Ms. Heyden answered in the affirmative. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 James Ballerano, the petitioner, confirmed that St. Joseph'sEpiscopal Church and School is in agreement with all staff comments and thanked staff for their diligent efforts with regard to this matter. Commissioner Aguila expressed concern about some approvals that were gained in 1988 and some conditions of that approval not having been met. He asked for a commitment from Mr. Ballerano to comply with all required comments prior to being issued a CO for this building. Mr. Ballerano had no objection to this. He explained that there had been some intervening recommendations from City staff that have changed conditions from 1988 to as they exist presently, and staff is asking us to go back to 1988 conditions. He understood this is also preconditioned to getting a permit. Since no one in the audience wished to speak in favor of or in opposition to this conditional use, Mayor Narmening declared the public hearing closed. Motion Commissioner Aguila moved approval of the conditional use for St. Joseph's Episcopal Church and School, subject to all staff conTnents. Commissioner Katz seconded the motion, which carried 4-0. VII, PUBLIC AUDIENCE None. VIII, DEVELOPMENT PLANS A, Consent Agenda - Unanimously Approved by Planning and Development Board Project Name: Agent: Owner: Location: Description: St, Joseph's Episcopal Church and School James A. Ballerano, Jr. St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard Landscape Appeal - Request for approval on appeal to Section 7.5-35{d) and {e) of the Landscape Code regarding installing required vehicle use area screening {hedges). The Planning and Development Board unanimously recommended approval of this landscape appeal, subject to staff comments. Motion Commissioner Aguila moved approval of St. Joseph's landscape appeal. Commissioner Katz seconded the motion, which carried 4-0. - 21 - NINUTES - REGULAR CITY COHNI$$ION NEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 B. Non-Consent Agenda - Not UnanlmouslyApproved by Planning and Development Board Project Name: Agent: Owner: Location: Description: Coastal Gas Station Steven E. McCraney McCraney Petroleum Company 2508 N. Federal Highway Community Design Plan Appeal - Request for approv- al on appeal to the Coastal Village Design District colors to allow black, white and crimson on the fascia of the existing canopy and building Ms. Heyden stated that McCraney Petroleum recently purchased this service sta- tion, which is located within the Coastal Village District. The Coastal Village predominant colors are beige, pale yellow, eggshell, and blue to gray tones. The Planning and Development Board voted 5-1 to recommend approval of this appeal, subject to comments #2 and #3 of Planning and Zoning Department Memorandum #94-163. Staff's recommendation to omit the vertical and horizontal white border forming the rectangle pattern.to subdue the appearance of the fascia was deleted from the Board's recommendation. Commissioner Katz felt the design standards should be adhered to. He did not think the requested colors have a coastal design look at all. Commissioner Aguila suggested eliminating every other vertical line to make it look less busy. Notion Commissioner Aguila moved to approve this request, subject to every other ver- tical line being eliminated. Mayor Pro Tem Bradley seconded the motion, which carried 3-1. Commissioner Katz cast the dissenting vote. Project Name: Agent: Owner: Location: Description: Augy's Restaurant Plaza Augy Vultaggio Anthony Mannino and Joe Vultaggio 640 W. Boynton Beach Boulevard New Site Plan - Request for site plan approval to construct a 6,623 sq. ft. multi-tenant building with associated parking, landscaping and signage. Ms. Heyden stated that this is a request for site plan approval to construct a 2,888 square foot restaurant and 3,775 square feet of undesignated commercial space on a .78 acre parcel. It is zoned C-2. Two two-way driveways are pro- posed, one onto Boynton Beach Boulevard and one onto N. W. 1st Avenue, which abuts a residential zoning district. Building elevations were displayed. The site is located in the Mediterranean design district. The building complies with the design requirements of that district. A buffer wall is required and is proposed to be located along the east property line. There was much discussion about this site at the Planning and Development Board meeting. The Board recom- - 22 - H~NUTE$ - REGULAR CITY COHI4ZSSZON HEET]NG BOYNTON BEACH~ FLORZDA JUNE 21, 1994 mended denial with a 5-1 vote. They were concerned about a number of things. One concern was the lack of a buffer wall along the south property line. That buffer wall is not required by Code because there is an intervening right-of- way. Another concern was the driveway onto N. W. 1st Street. That right-of-way abuts a residential neighborhood. They were also concerned about the typical noise and odor associated with commercial properties, particularly restaurants. Furthermore, they were concerned about the dumpster being located on the southeast corner of the site, which is on the property line that abuts residen- tial. In general, they felt that the intensity of the use was too high for the size of the parcel. Augy Vultaggto stated that he will move the dumpster to the back. The code does not require a wall, but he put a wall in to minimize the noise. He stated that this is a family style restaurant and does not have a bar or music. In addition, business will be finished by 9:00 P. M. or 9:30 P. M. He stated that he has abided by the codes and received approval from all departments. Commissioner Aguila stated that the Commission has a responsibility to the neighborhood and the quality of life around it. He felt this plan shows com- plete lack of sensitivity to the neighborhood. He felt the site plan was too intense and that the building is too big for this site. No provisions were made for the courtesy one neighbor should have to another (the residents to the south). He did not see how one can have a restaurant without a can wash. He expressed concern with the access from the on ramp to 1-95 into this property. He stated that the delivery trucks are going to have to access this site on the 1-95 on ramp or come through the neighborhood. Neither appealed to him. He did not think the loading zone is placed in a logical place. It is located on the east side of the building, but the entrance for deliveries is on the south side of the building. He felt the truck drivers will park in the middle of the driveway to make their deliveries. He felt the proposed sign is too large and questioned the lettering. He wondered what the relocation of the dumpster would do to what little retention area there is currently. He felt the original dumpster location was in the worst possible place because the residents will have to see, hear and smell it. Commissioner Katz felt this restaurant would be too close to residences and much too intense of a use. He felt it is virtually impossible for a restaurant to be a good neighbor to the people there. He had no intention of supporting this. Mayor Pro Tem Bradley wondered what sort of adjustments or changes Mr. Vultaggio would be willing to make. He stated that we are interested in development, but it really needs to fit in with the neighborhood. He asked if this item could be tabled for staff to work on it. Commissioner Aguila felt a total redesign is needed and stated that it would have to go back through the whole process. He suggested Mr. Vultaggio contact his design consultant and try to do something that is a little more sensitive to the comments that were made tonight. He said the building is too large for this site. Mr. Vultaggio stated that he has fifty parking spaces, and the code only requires thirty-two. Commissioner Aguila stated that this is not relevant. He felt this plan has many safety, aesthetic, and good neighbor concerns that need to be resolved. - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA JUNE 21, 1994 Motion Commissioner Aguila moved to deny this project, based on the comments that were made here tonight. Mayor Harmening passed the gavel to Mayor Pro Tem Bradley and seconded the motion. Mayor Pro Tem Bradley asked why this matter could not be tabled to give Mr. Vultaggio an opportunity to come back at the next meeting. Commissioner Aguila stated that in order for Mr. Vultaggio to deal with the concerns that have been raised by staff, the Planning and Development Board, and the City Commission, the changes of this plan are so substantive that staff would either be designing it for Mr. Vultaggio or unable to answer his questions. It would be such a different plan if Mr. Vultaggio were to proceed, that every department would have to rereview it, which means that the process starts again. Tabling it is not an appropriate way to deal with this situation. City Attorney Cherof stated that legally, the City Commission is empowered to table the matter if it thinks there is the opportunity for the applicant to reflect further upon the staff comments, which are voluminous, and perhaps seek some additional interpretation of those comments directly from staff and see if he could do something with it. Commissioner Katz asked if this would be considered a taking if the applicant submits everything according to City Codes and the Commission does not let him go forward with this project. City Attorney Cherof said he would have to look closer at the staff comments to answer this question. However, he stated that there are occasions where the deprivation of a site plan can constitute a taking. The motion carried 3-1. Commissioner Katz cast the dissenting vote. Anthony Mannino, co-owner of the property, stated that this property is zoned C-3 and is in compliance with the codes and zoning, including the parking and the amount of square footage allowed to be built on this property. The site plan was approved by City staff. He did not think it was right to refuse a project just because a few people in the neighborhood have complained. He was willing to move things around, build a wall, and compromise. At 8:34 P. M., Mayor Harmening declared a recess, The meeting resumed at 8:43 P. M. C, Other None. - 24 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~lUNE 21, 1994 IX, NEW BUSINESS Items for Discussion Requested by Commissioner David Katz 1, Endorsement of Governor's letter to the U, S, Coast Guard regarding the Ocean Avenue Bridge This item was deleted from the agenda. 1, County's Road Resurfacing Program Commissioner Katz referred to Palm Beach County's five year road program. He would like the Commission to ask Palm Beach County to add a resurfacing and pedestrian walkway on Gateway Boulevard from Seacrest Boulevard to Federal Highway. In addition, he felt new swales are also needed because of the drainage. 2. ACLFs Commissioner Katz stated that a nonprofit would like to construct two ACLFs; one at N. W. 5th Avenue and N. W. 15th Street, which is designed to serve that community, and one Alzheimer's ACLF at S. W. 19th Avenue. At this point, the nonprofit is not looking for any money from the City or any relief from impact fees. They need a letter of support from the City. Their application is due in two days. Dorothy Stroman, 9982 Watermill Circle, is a registered nurse and has been doing quite a bit of community work here. She sought a letter of support at this time from the City to help to apply to the Housing Trust Fund this Thursday before 5:00 P. M. She stated that she received support from the Housing Consortium, HRS, Crisis Line, and some local hospitals. City Manager Parker stated that the request is for the City to provide them with some property and for some relief of the impact fee program. Commissioner Katz said not at this time; they are just asking for a letter of support. City Manager Parker advised that this was not the original request that was presented to staff last week. Commissioner Aguila had no problem with issuing a letter of support as long as it is understood that any future request will be evaluated on its own merits. Mayor Harmening requested more information regarding both projects. Ms. Stroman said this is for a black community in the area. It is a 35 bed unit already zoned for ACLF with a bonus density. It is also for the elderly and the disabled and is for very poor and low income people. At this time, in the Boynton Beach area, there are only 36 beds that accommodate these types of people. Out of a population of over 46,000 people, this is something that is greatly needed by this community. - 25 - NINUTE$ - REGULAR CITY CONNI$$ION MEETING BOYNTON BEACH, FLORIDA ~UNE 21, 1994 In response to Commissioner Aguila, Ms. Stroman stated that she needs the letter of support from the City to submit it to the Housing Trust Fund to apply for funds. The Housing Trust Fund and other lending institutions want to see that she has support before giving her funding for these projects. Notion Commissioner Katz moved to supply Ms. Stroman a letter of support for her proj- ects and that it is not intended to show support beyond that. Commissioner Aguila seconded the motion, which carried 4-0. B, Consider Establishment of a "Combat Automobile Theft' Program The Florida Legislature passed a statute empowering county and municipal govern- ments to enact such a program and to charge participants for costs and adminis- trative expenses. Residents can register their vehicles and consent to having the vehicle stopped whenever it is on the road betweeen 1:00 A. M. and 5:00 A. M. Mayor Harmening stated that according to the Police Department, there has been a considerable increase in auto theft. Notion Commissioner Aguila moved approval of staff's recommendation. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. C, Consider request from George Culver to repair potholes in Casa Loma Boulevard behind the Two Georges Restaurant at his own expense This item was deleted from the agenda at this point in the meeting. X, LEGAL A, Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No, 094-15 Re: Adopt amendments to Chapter 13 Occupational Licenses City Attorney Cherof read Proposed Ordinance No. 094-15 by title only. No one wishing to speak in favor of or in opposition to this ordinance, Mayor Harmening declared the public hearing closed. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-15 on second and final reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. - 26 - MINUTES - REGULAR CITY COI~]:$$ION HEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 2. Proposed Ordinance No. 094-16 Re: Amend date that Education Advisory Board members terms expire from June to April This ordinance is being done to be consistent with expiration dates for all other boards. All new appointments will expire in April of each year. City Attorney Cherof read Proposed Ordinance No. 094-16 by title only. No one wishing to speak in favor of or in opposition to this ordinance, Mayor Harmening declared the public hearing closed. Motion Commissioner Katz moved to approve Proposed Ordinance No. 094-16 on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. e Proposed Ordinance No, 094-17 Re: Amend Appendix A, Section 6.E.4.c{2} to provide for a change from 800 feet to 1,000 feet for required parking spaces in the Central Business District City Attorney Cherof read Proposed Ordinance No. 094-17 by title only. No one wishing to speak in favor of or in opposition to this ordinance, Mayor Harmening declared the public hearing closed. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 094-17 on second and final reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. 4. Proposed Ordinance No, 094-18 Re: Amending Sign Code regarding billboards This ordinance provides a five-year period for bringing nonconforming billboards which are annexed into the City into compliance with City Codes. City Attorney Cherof read Proposed Ordinance No. 094-18 by title only. No one wishing to speak in favor of or in opposition to this ordinance, Mayor Harmening declared the public hearing closed. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 094-18 on second and final reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA dUNE 21, 1994 B, Ordinances - 1st Reading Proposed Ordinance No. 094-19 Re: Zoning change to permit single family residences in the C-2, neighborhood commercial zoning district City Attorney Cherof read Proposed Ordinance No. 094-19 by title only. Commissioner Aguila had a problem with leasing to a tenant not associated with the business, as stated in Planning and Zoning Department Memorandum No. 94-177. He stated that the whole idea of this was to allow somebody that operates a business to live in the apartment upstairs, not create rental property for people throughout the City. Commissioner Katz agreed. Mayor Pro Tem Bradley thought the Commission wanted this ordinance to be inclu- sive to allow for this at the waterfront. Commissioner Aguila pointed out that there will not be C-2, C-3 or C-4 at the waterfront. He stated that this ordi- nance would allow rental properties above commercial properties and he felt this was a serious mistake. He wanted to limit this to the mixed use areas where we are trying to encourage this kind of use. He suggested language be added to the ordinance to reflect that living space must be used by the property owner, user or operator. Staff was directed to amend the ordinance to reflect this before second reading. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 094-19 on first reading, with the proviso that we delete the allowability of lease to tenant not associated with the businesses. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. Proposed Ordinance No, 094-20 Re: Automotive Paint and Body Shop - amend the Zoning Code to change the parking space requirement for automated paint and body shop City Attorney Cherof read Proposed Ordinance No. 094-20 by title only. Commissioner Aguila believed the Planning and Development Board brought up a good point when they said that tying in the parking requirements to the number of employees was impossible to enforce. He liked the idea of tying in the parking requirements to building area. He suggested changing the Codes to allow for one parking space for every 400 square feet or increment thereof, instead of the current 250 square feet. He noticed that Ms. Heyden commented that even if raised to 450 square feet, it would not solve the problem that brought this matter to our attention. Ms. Heyden stated that of the nine sites surveyed, there were more cars being parked than would be required under the proposed ordinance. At four of the nine sites, there were fewer cars parked than required by the current code. She suggested keeping the requirement at one parking space for every 250 square - 28 - NINUTE$ - REGULAR CITY COHNI$$ION NEETING BOYNTON BEACH, FLORIDA OUNE 21, 1994 feet, but allow someone to delete the number of parking spaces based on each service bay they have. She also suggested putting a limitation on it that there be no less than six parking spaces per any major repair shop. Commissioner Aguila felt this would be hard to do because they come in so many different sizes. Mayor Harmening pointed out that there is a hardship in this case because of the second floor. He suggested adding something to the occupational license ordi- nance in order to direct this type of operation to use an occupational license for the highest number of employees anticipated. He felt this would not be hard to check. Don Jaeger, Building Official, stated that this is how it presently is in the Code. When the Fire Department makes their annual inspections, they verify this as best they can. Notion Commissioner Aguila moved to revise this ordinance to reflect one parking space per 250 square feet, with credit for service bays used for the purpose of car detailing and car finishing, and that that be the minimum parking provided. Mayor Harmening was sure this would work easily if it was changed to 400 square feet. David Beasle~, 515 S. W. 2nd Avenue, stated that when Mr. Culverhouse purchased the building, it was one parking space per 250 square feet of office space and one parking space per 800 square feet of warehouse space. He suggested the code reflect this parking requirement. If this is not feasible, he suggested the second floor footage be eliminated from any calculation. He stated that Boyds & McCord does not need that footage. Mr. Beasley did not know what function the second floor footage could serve in any body repair shop. He pointed out that the cars being worked on are going to be in the building. Commissioner Aguila suggested one parking space per 250 square feet of building square footage that is not used for car repair {gross building minus anything not used for car repair or car detailing}. Mr. Beasley stated that it is typi- cal for an office to be 8'x10' in auto body repair. The rest of it is ware- house. This would only require them to have one parking space. Mr. Beasley felt it should be tied to the amount of warehouse space. He suggested one parking space per 250 square feet of office space and raising the warehouse space. He stated that because we have such a big building, we are being penal- ized for parking spaces that we do not need. It is a benefit to have a big building because they can put the cars inside. Mr. Beasley inquired as to the definition of a service bay. Ms. Heyden stated that in the study, a bay was defined as an overhead door. This is why it was suggested it not be based on service bays solely. There seems to be no correla- tion between size of the building and the number of overhead doors. Commissioner Aguila suggested defining service bay as 300 square feet (10'x30'). He suggested excluding the office space and second floor from the building gross. The remainder is the service bay area, which would be divided by 300 square feet. - 29 - NINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OUNE 21, 1994 At this point in the meeting, Commissioner Katz left the Chambers. Mr. Beasley wondered if it would be better to go back to a higher footage for the warehouse space. Commissioner Aguila asked Ms. Heyden to come up with some other possibilities. Mayor Harmening suggested passing the ordinance in its proposed form and amending it before second reading. Norton Commissioner Aguila moved to approve Proposed Ordinance No. 094-20 on first reading, pending further study and revision prior to second reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-0. Commissioner Katz had not yet returned. C, Resolutions 1. Proposed Resolution No, R94-35 Re: Boynton Beach Municipal Cemetery Rules and Regulations ............... TABLED XI, UNFINISHED BUSINESS A, Discussion on Cemeter~ Board/Nausoleum, . , , . , , , , , , , ,TABLED City Attorney Cherof advised that the above two items are ready to come off the table. Norton Commissioner Aguila moved to remove Items X.C.1 and XI.A from the table. Mayor Pro Tem Bradley seconded the motion, which carried 3-0. Commissioner Katz had not yet returned. City Attorney Cherof read Proposed Resolution No. R94-35 by title only. He referred to his memorandum, dated June 17, 1994, to the Commission, which reflects a number of changes to the proposed rules, numbers 15 through 23. These reflect comments that were made by the attorney for the Boynton Beach Mausoleum, Inc. They were reviewed by the Cemetery Board and come to the City Commission with their approval. Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-35. Mayor Pro Tem Bradley seconded the motion, which carried 3-0. Commissioner Katz had not yet returned. City Attorney Cherof sought the Commission's authorization to review the ordi- nance that defines the powers and duties of the Cemetery Board. He stated that they do not fully deal with the powers and duties of the City Commission and the - 30 - HINUTES - REGULAR CITY COI~HISSION HEETING BOYNTOH BEACH, FLORIDA JUHE 21, 1994 Board with respect to the Mausoleum that has been constructed and that the City owns. He would like to come back with some clarification of the powers and duties of both the Commission and the Board with respect to conveyance of ceme- tery lots, crypts and niches in the Mausoleum, how ownership is transferred, how it is restricted, what could be charged for reissuance of certificates, and the like. In response to Mayor Harmening, he stated that there is no reference to the Mausoleum at all in the ordinance and the Boynton Beach Mausoleum, Inc. has raised some questions about the powers that the Commission and Board exert from time to time. He advised the Commmission to exercise their power to clarify these powers. Attorney Cherof received the Commission's approval to proceed. At this point in the meeting, Commissioner Katz returned. 2. Proposed Resolution No, R94-103 Re: Support of Historic School Grant to State of Florida for Phase II of Restoration Work Chris Reitz of the Historical Society updated the Commission relative to restoring the Old School. He stated that the Program Vision is broken into four parts as follows: 1. A Children's Hands-on Museum--This is intended to support the local schools. There are at least fourteen schools that would be able to use this for field trips during the school season. This museum is also intended to support children throughout the weekends and during off school hours. There are also a number of preschools that would be able to use this museum. In addition, plans will be made to include teenagers. 2. A Rotating Museum--This would be a continuous draw and would allow us to bring in individual exhibits and invite companies, such as Motorola, to bring in an exhibit for a period of time. This would allow us to con- tinually bring new life to the museum. 3. A Boynton Historical Museum--This would support the local history and draw the community, adults and many others. 4. An Archive Room--This would be crosslinked with the library for the primary purpose of research. With some strong City support in the last couple of years (via-grant proposals and working with the School Board), the City is now in a position to take over the building on July 1st. The Historical Society has been challenged by the City to raise the matching funds ($300,000). They appreciate the support of Mayor Harmening and a number of others who have been involved in this project. The funds needed were broken down into three parts: (1) a $300,000 matching grant for this year to rennovate the shell; (2) an additional amount of capital required to outfit the inside of the building; and (3) enough capital for the initial operating expenses of the building and to put a plan in place to be able to continue the support of those operating expenses. The Historical Society began a business plan and has chosen a fund-raiser. It has raised enough capital to underwrite the initial phase of the fund-raising activity. During this month, it will schedule a capital campaign and complete - 31 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 the business plan so that it is absolutely clear as to the exact operating budget and marketing plan, and the exact amount of capital needed. In July, the Historical Society will complete the donor identification. In August, it will go into the donor preferences and solidify the programs. By the end of August, it will have a clear definition of the available funding. By September 1st, it expects to have somewhere between 30 and 5D per cent of the funding committed. Its goal is to have the first $300,000 by December. Mayor Harmening asked about the funding in order to turn the Old School into a museum once it is restored. Mr. Reitz advised that this funding is part of the capital campaign and when the Historical Society goes after the capital cam- paign, it is not going to be for just $300,000. It is going to be most likely in the neighborhood of $900,000. The first $300,000 will be for the matching grant for this year for the restoration of the shell of the building. The second $300,000, to be raised probably in the first half of next year, will be for the outfitting of the inside of the building. Commissioner Aguila was very encouraged and will continue to support this proj- ect. Mayor Harmening stated that Princeton Professor of Architectural History M. Christine Boyer once wrote that recreated historic sites like New York's South Street Seaport, and for that matter San Francisco's Fisherman's Wharf, are self- conscience attempts to regain a centered world to reestablish a mythical base for Amercian traditions. Mayor Harmening felt that is just what this attempt is, regardless of the price. Mr. Reitz hoped the things this project will bring back to the City will far outweigh that in terms of the support for not just the children, but also the adults. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-103. Commissioner Katz seconded the motion, which carried 3-1. Mayor Harmening cast the dissenting vote. 3. Proposed Resolution No, R94-104 Re: Final Plat Approval for Jonathan's Grove City Manager Parker advised that Shalloway, Foy, Rayman & Newell, Inc. lis the City Engineer in this case. The Commission received a memo recommending approv- al of this final plat. The applicable fees have been received and the City Attorney and Finance Director are in agreement that the surety submitted is acceptable. Mayor Harmening inquired about the four lots in the front. Ms. Heyden advised that they received a subdivision variance. - 32 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 21, 1994 Morton Commissioner Aguila moved to approve Proposed Resolution No. R94-104. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. e Proposed Resolution No, R94-105 Re: Accept Agreement Between the City of Boynton Beach and the Gene B. Glick Company Regarding Construction of Miner Road City Attorney Cherof read Proposed Resolution No. R94-105 by title only. Motl on Commissioner Aguila moved to approve Proposed Resolution No. R94-105. Mayor Pro Tem Bradley seconded the motion. City Attorney Cherof commented that this is a continuation of the major effort to build Miner Road. He asked the Commission to conditionally approve the Glick agreement because we still do not have the Knollwood agreement worked out. Mayor Harmening stated that he will not sign the agreement until such time as City Attorney Cherof signs it. City Attorney Cherof pointed out that one provi- sion of the Glick agreement has changed (paragraph 7). It was earlier contem- plated that some of the material that was going to be excavated to create the retention pond would be used for the preparation for the road base. The prop- erty owner does not want that material removed from the Glick property. According to Rossi & Malavasi, it is going to cost approximately $8,400 to replace that fill material, assuming it is necessary to use it. The agreement reflects that we are not going to remove it from the property. Mayor Harmening pointed out that the agreement also reflects that if they do not get the impact fee credit, then it is a dead duck. City Attorney Cherof confirmed this. The motion was amended to approve Proposed Resolution No. R94-105, subject to the City Attorney's review and signature of the agreement. The motion carried 4-0. Be Proposed Resolution No, R94-105 Re: Authorize Execution of Addendum Between the City of Boynton Beach and Meadowood Groves, Inc., and Willard Arnold, Accepting a Corresponding Deed Conveying the Park Site City Attorney Cherof advised that this item should remain on the table, since the survey of the park site has not been done yet. Proposed Resolution No, R94-107 Re: Authorize Execution of Agreement Between the City of Boynton Beach and the Greater Boynton Beach Chamber of Commerce Regarding a Seafood Festival at the City's 10 Acre Intracoastal Park, September 24 and 25, 1994 City Manager Parker advised that this resolution allows the Chamber of Commerce to use Intracoastal Park and approves the lease agreement. The City already - 33 - NIHUTES - REGULAR CITY COHNISSIOH NEETIHG BOYNTON BEACH, FLORIDA ~UNE 21, 1994 approved the use for the 24th and 25th of September. This resolution approves the license agreement between the City and the Chamber of Commerce. In response to Commissioner Katz, City Manager Parker advised that this is the same agreement that the City has had with the Chamber of Commerce every year for this festival. City Attorney Cherof read Proposed Resolution No. R94-107 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. R94-107. Commissioner Katz seconded the motion, which carried 4-0. 7. Proposed Resolution No, R94-108 Re: Confirmation of William Hukill as City Engineer This item was dispensed with earlier in the meeting. Mayor Harmening recessed the meeting and immediately convened as the CRA. D, Other 1, Lease Agreement Between George Culver and Barnett Bank Regarding Parking Spaces City Manager Parker stated that Mr. Culver agreed to include in the lease all the points contained in City Attorney Cherof's June 16, 1994 memo. Commissioner Aguila had no objections, as long as Mr. Culver has agreed to the stipulations raised by the City Attorney. Mayor Harmening added that the ocupa- tional license should be conditioned on the continuation of the parking agree- ment. Ms. Heyden stated that the Planning and Zoning Department recommends that signs be posted at Two Georges and, based on the specificity of the lease agreement which ties in by a legal description the location of the leased parking spaces, that those parking spaces also be posted with signage, Mayor Harmening pointed out that this is contrary to the lease agreement with the Bank. The lease agreement states that no signs may be placed by Lessee. Commissioner Aguila suggested incorporating the signage if there are no objections from the other parties. Ms. Heyden advised that the City Manager's Office had requested that we look into this matter to make sure this would solve Two Georges' problem. A Code Enforcement Inspector was sent to the site and noted that the parking spaces at Barnett are in need of restriping. In addition, there are ten parking spaces at Two Georges that are nonconforming. If they were to be restriped to meet the current ADA requirements, there would be a loss of three, bringing them down to seven at the Two Georges site. Included in the boundaries of the lease restric- - 34 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIOA JUNE 21, 1994 tion on the lease, there will be 58 parking spaces that are going to be leased, which brings the total to sixty-five parking spaces now available to Two Georges. Barnett has 110 surplus spaces. Therefore, there is a possibility for Two Georges to lease more spaces. Based on what is licensed, there is a twenty. foot marina which requires twenty parking spaces; a six passenger charter boat which requires two spaces; and a forty-two passenger charter boat which requires fifteen spaces. The plan shows a residence on the second floor, which would require two parking spaces. The current license is for 100 seats based on the square footage. Giving them the 35 per cent reduction for the CBD, that would total fifty-nine parking spaces. Therefore, with the sixty-five parking spaces, that would solve the fifty-nine space requirement. However, that does not include the second floor expansion that they are proposing and also the current wave runner license that is pending. Commissioner Aguila pointed out that at the time they come in for the second floor issue, the Commission can then request that they expand their parking. Motion Commissioner Aguila moved to accept the lease, subject to the conditions raised by the Attorney's letter; and that they be incorporated in the conditions of approval. Commissioner Katz seconded the motion. Mayor Harmening pointed out that they should be incorporated in the occupational license. City Attorney Cherof stated that they should be incorporated every- where. The motion carried 3-1. Mayor Harmening cast the dissenting vote. Ms. Heyden asked if this motion includes staff's recommendations. Mayor Harmening answered affirmatively. Motion Commissioner Aguila moved to adjourn the CRA meeting. Commissioner Katz seconded the motion, which carried 4-0. The City Commission meeting was reconvened. Lawrence Lake Agreement Regarding Time Extension City Manager Parker advised that Sonja Martin-Morgan is requesting a retroac- tive, plus one year time extension to the Lawrence Lake PUD. On September 7, 1993, the City Commission approved a reduction of the surety bond to $8,000. Six thousand dollars of the surety was to insure against damage to utilities during construction and $2,000 was retained to insure completion of the remaining sodding of the recreation area. Additional landscaping is required as part of the site improvements on the property that have not been done. As a condition of this agreement, staff recommends that the existing landscape bond be increased based on a certified estimate from the engineer or a landscape - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 architect for the landscaping improvements remaining; that the bond be increased; that the twenty foot maintenance area around the lake be completed on a house-by-house basis; and that the water and sewer bond stay in place until construction is completed. Mayor Harmening asked about the capacity reservation fee. City Manager Parker stated that she, the City Attorney and the Utilities Department discussed this at length this morning. Water and sewer is part of the concurrency items for bonding improvements. Landscaping has not been a concurrency item. Therefore, since the City has accepted the water and sewer system, they are basically exempt from concurrency on this item. City Manager Parker advised that they meet the requirements for having paid the surety and the City accepted the system. The system is in operation prior to the time extension being requested. Mayor Harmening asked about running out of water capacity. City Manager Parker advised that this project was exempt when it came into the City because it was prior to the date in the concurrency ordinance. Therefore, we have been reserving the capacity for the remaining thirty houses. Mayor Harmening expressed concern about granting time extensions. Commissioner Aguila agreed that the granting of time extensions needs to be addressed. Sonja Martin-Morgan, 1762 Twelfth Fairway, Wellington, stated that all the work that relates to concurrency had been completed last year. This extension re- lates to putting in $15,000 worth of remaining landscaping. Most of the land- scaping will be put in and completed within the next thirty days. There is only a very small portion that she requests not be put in until construction is com- pleted because construction of the houses would destroy it. Motion Com~nissioner Aguila moved to approve this extension request, subject to staff recommendations. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz suggested looking at four month and six month time extensions instead of just one year time extensions. City Attorney Cherof stated that the motion should include authorization of the agreement. Commissioner Aguila withdrew his motion. Mayor Pro Tem Bradley agreed to withdraw his second. Motion Commissioner Aguila moved to authorize the agreement and approve the time exten- sion as suggested by staff, subject to all staff comments. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. - 36 - HINUTE$ - REGULAR CITY COHHI$$ZON HEETING BOYHTOH BEACH, FLORIDA JUNE 21, 1994 3. Conceptual Agreement for Drexel Properties Regarding Capltal Facilities Charges Mayor Harmening felt this was a reasonable agreement. I~otlon Commissioner Aguila moved approval of the conCeptual agreement for Drexel Properties regarding capital facilities charges, subject to all staff comments. Commissioner Katz seconded the motion. City Manager Parker stated that the City AttOrney has just informed her that this conceptual agreement outline can be formulated into a final agreement and subsequently approved, In response to Mayor Harmening, City Manager Parker will present the final agreement to the Commission at the July 5th meeting. The motion carried 4-0. 4, City of Boynton Beach rs, Sunmlt Associates, Ltd, Update Mayor Harmening stated that the judge ruled that the City is bound by the 1973 Final Judgment. Mayor Harmening felt staff should be directed to amend the Comprehensive Plan to reflect the zoning on the property. Mayor Pro Tem Bradley and Commissioner Aguila agreed. Norton Commissioner Aguila moved to direct staff to amend the Comprehensive Plan for the Summit Associates property to reflect the proper zoning. Mayor Pro Tem Bradley seconded the motion. Mayor Harmening reminded staff not to forget to include the items that were deleted from the 1973 zoning. City Attorney Cherof advised that this will come back to the Commission at the next meeting for public hearing since it was tabled in July, 1991 during a public hearing. It can be finalized at that time. This will afford the public the opportunity to speak. The motion carried 4-0. 5. Discussion on Subdivision Regulations Regarding Platttng City Attorney Cherof advised that this subject matter involves property on the Intracoastal. The property owner has requested the City to afford her some type of relief so that she can divide the property into two parcels (one to the west, one to the east, one on the Intracoastal, and one fronting the street). The effect of this would be to separate the property that now has a residential - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH,, FLORIDA OUNE 21, 1994 structure on it from the frontage, in violation of the City Codes that requires that property front on streets. City Attorney Cherof advised that there are a number of other properties that are shaped approximately the same (100 feet wide, 300 feet deep) on the same street. He cautioned the Commission that they may be creating a precedent by opening up the door on this. He stated that these people may wish to divide these into more than two parcels. A parcel that size could accommodate five subdivided parcels that would each have a single- family structure on it. There is no frontage for that at this particular point. Therefore, it would require some type of major modification of the subdividing requirements of the Code or the variance procedure that would enable somebody to get around that. Mayor Harmening and Commissioner Aguila were not in favor of subdividing this property. Commissioner Katz stated that this has been done before in some areas in the City where they have allowed some accesses to property after they were subdivided. There have been agreements allowing mandatory access easements. He was in favor of subdividing this property if City Attorney Cherof's concerns can be addressed. He added that subdividing this property would add more ad valorem tax on the property. In response to Commissioner Katz, Commissioner Aguila pointed out that the sub- dividing he mentioned was done to parcels that complied with the zoning require- ments. If this property is subdivided, there will be two nonconforming pieces of property. Patricia Hansen, 902 N. E. 7th Street, owner of the property, stated that she had met with Ms. Heyden, Vincent Finizio and Mike Haag, and it was her under- standing that this was all possible and could be done. The following day, after she met with these three people, Ms. Heyden and Mr. Finizio met with the City Attorney and J. Scott Miller and had agreed to rewrite the ordinance. She stated that she was in possession of letters concerning this. City Attorney Cherof said he would love to see those letters because the meeting with J. Scott Miller did not have that at the end result. At the meeting with Mr. Miller, there was discussion regarding what would be required, in terms of a Code amend- ment, to permit it to happen. It certainly was not contemplated that that was an endorsement. It was Ms. Hansen's understanding that the ordinance would be rewritten. She stated that the paralegal advised her that the ordinance was being rewritten and would be read at this meeting. City Attorney Cherof stated that that is not true. Commissioner Aguila stated that if the paralegal told Ms. Hansen that, she told her that in total and complete error. Ms. Hansen stated that she has two buyers for the property. She is under contract for one. She was told the proper way to go about this was to get approval through the City, which she felt comfortable in having achieved. She went to the County Mapping Department and filled out an application for separa- tion of property. They informed her that it went through County zoning and then onto City zoning, which she understands now is a mistake. She has two contracts for sale and asked for a variance. With regard to the zoning in that area, she believed the minimum square footage for the lot is 6,000. She is proposing 75 - 38 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 21, 1994 by 127. She said it is a small area on the Intracoastal. She stated that she polled several of the property owners in the area and they had no objections to this. Ms. Hansen pointed out that many of the lots on the Intracoastal are the Mangroves, which no one can build on. Commissioner Katz felt the City should work out something so that Ms. Hansen will be able to subdivide her lot and sell that parcel. Commissioner Aguila asked how we Would not be complying with the Code by dividing this property. Ms. Heyden explained that once you subdivide the prop- erty, the existing property no longer has minimum frontage requirements. Ms. Hansen stated that N. E. 7th Street would have 25 foot frontage for the access to the house on the Intracoastal and that this is really the only variance. She advised that all the other setbacks are met. The lot has street frontage, all the electricity and sewer, and would be a perfectly buildable lot. In response to Commissioner Aguila, City Attorney Cherof advised that this is not a variance issue because (1) by subdividing the property, it is a self- created hardship, (2) it is not unique and is just like the property to the north and to the south of it, and (3) the denial of the variance would not render the property completely economically unusable. In fact, it is now usable as a residence. In response to Commissioner Aguila, City Attorney Cherof stated that these are all reasons why a variance would not be legally granted. Notion Commissioner Aguila moved to deny this request. Mayor Pro Tem Bradley seconded the motion, which carried 3-1. Commissioner Katz cast the dissenting vote. XI, UNFINISHED BUSINESS A, Discussion on Cemetery Board/Mausoleum, . . , . , , , , , , , ,TABLED This item was consolidated with Item X.C.1 and dispensed with earlier in the meeting. B, Traffic Problems at Bo~nton Lakes Plaza City Manager Parker suggested this item be tabled, as it was Vice Mayor Matson's item. Norton Commissioner Aguila moved to table this item. Mayor Pro Tem Bradley seconded the motion. In response to Commissioner Aguila, City Manager Parker advised that a fax was received late this afternoon from the County Traffic Division, asking for more - 39 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 21, 1994 recent accident information since the Plaza has been constructed. In May, 1994 there were two accidents. One of them was not attributable to the uncontrolled median accidents. The County is requesting the City Engineering Office to delete a stop sign on Plaza Lane and see if any enhancements are warranted. They are also asking us to review our accident reporting data to determine if there are any additional accidents that they need to look at. Commissioner Aguila felt something needs to be done at this intersection, and a sign is not going to do it. He was not concerned about whether the tenants have cross access along Congress Avenue. Mayor Harmening agreed. The motion carried 4-0. C, Chapter a Month Workshop Schedule City Manager Parker stated that at the previous meeting, the City Commission requested staff to come up with a workshop schedule. This schedule is contained in the agenda backup material. The next meeting is scheduled for Tuesday, June 28, 1994, at 6:00 P. M. The City Attorney has already done Chapter 1 and the Building Department is working on Chapter 5. Therefore, City Manager Parker suggested these chapters be taken first. City Attorney Cherof suggested moving item 6 (Chapter 6, Cemeteries) up on the workshop schedule, since the City Commission approved the Boynton Beach Municipal Cemetery Rules and Regulations this evening. City Manager Parker pointed out that we have been trying to arrange a joint meeting between the City of Boynton Beach and the City of Delray Beach regarding the U. S. 1Resurfacing Project proposed by DOT. The City of Delray Beach suggested meeting at 5:00 P. M. on June 28, 1994 in the Boynton Beach City Commission Chambers. This date was acceptable to the Commission. In response to Mayor Harmening, City Manager Parker stated that she has not contacted the City of Lantana yet. D, Costa Bella Verbal Update This item was dispensed with earlier in the meeting. E, ARZ Builders Agreement City Manager Parker referred to the Agreement negotiated between the City and ARZ Builders for the revised downtown plan. ARZ has signed this agreement. tn response to Commissioner Katz, Commissioner Aguila stated that we are paying ARZ Builders $1,547.38 for the survey, barricades, and the bulldozer. City Manager Parker added that the City is purchasing the light poles. Mayor Harmening asked about the performance bond. Commissioner Aguila stated that ARZ did not do any work. - 40 - MINUTES - REGULAR CITY COMMISSION MEETING BOYHTON BEACH, FLORIDA JUNE 21, 1994 Commissioner Katz asked if ARZ used the bulldozer. Commissioner Aguila stated that they eventually used it on another project. Commissioner Katz did not think the City should pay for the bulldozer. Commissioner Katz asked why the City needs to retain ARZ as a GC. City Manager Parker advised that the City does not have to retain ARZ as a GC. The agreement states that if the City is not happy with the price for the revised contract, the City has the right to reject the agreement. Morton Commissioner Aguila moved to approve this agreement. Mayor Pro Tem Bradley seconded the motion. City Manager Parker stated that there are clauses in the agreement that release each other from any and all obligations, duties and liabilities arising from the previous bid negotation award with performance of the previous contract. The motion carried 4-0. XII, CITY MANAGER'S REPORT None. XIII, OTHER None. XIV, ADJOURNMENT There being no further business to come before the City Commission, Mayor Pro Tem Bradley moved to adjourn the meeting at 10:25 P. M. Commissioner Aguila seconded the motion, which carried 4-0. ATTEST: Recording Secretary (Four Tapes) 41 - THE CITY OF BOYNTON BEACH ~/ Mayo r P ro Tem ~J~) ~' ' Commi s si one r AGENDA III. CONSENT AGENDA D cc: Finance, Rec, Util JUNE 21, 1994 10. ADVANCED DATA PROCESSING, INC. P. O. 5694. Collections for ALS calls. Pay from General Fund - 001-221-5-468-00. ADVANCED GENERATOR SALES AND SERVICE, INC. P. O. 5695. Maintenance & repair of Lift Stations. Pay from Water & Sewer Rev. Fund - 401-352-5-433-00. ADVANCED GENERATOR SALES AND SERVICE, INC. P. O. 6286. Emergency repair on LS 316 generator. Pay from Water & Sewer Rev. Fund - 401-352-5-433-00. ADVANCED VIDEOTECH CORPORATION P. O. 7144. Techtalk VHF 2-way radios. Pay from Water & Sewer Rev. Fund 401~335-5-690-05. AERIAL DATA REDUCTION ASSOCIATES, INC. Aerial mapping for Water, Sewer & Stormwater. Pay from: Stormwater Utilities 425-000-0-692-10 $21,842.33. Water & Sewer Rev. Fund Water & Sewer Rev. Fund $5,859.54 $2,687.38 $2,564.95 $1,415.40 $65,526.97 421-000-0-690-21 421-000-0-691-21 $21,842.33. $21,842.31. AMERICAN OVERHEAD DOOR COMPANY, INC. P. O. 6875. Install security doors. Pay from Public Serv. Tax Const. 301-721-5-642-02. ASHLAND CHEMICAL COMPANY P. O. 5833. Water processing chemicals. Pay From Water & Sewer Rev. Fund 401-335-5-365-00. AUSTIN TUPPLER TRUCKING, INC. P. O. 5608. Shell rock. Pay from Water & Sewer Rev. Fund 421-000-0-690-21. B.L.C. LAWN & MAINTENANCE P. O. 6246. Landscape maintenance w/e 06/10/94. Pay from General Fund 001-722-5-430-15. BETTER BUSINESS EQUIPMENT P. O. 5731. Semi-annual maintenance on typewriters. Pay from various funds. $4,710.00 $3,769.56 $2,322.94 $4,737.00 $1,734.00 COMMISSION jun 21 1.994 APPROVAL. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. C. C. CONTROL CORPORATION P. O. 7299. Repair emergency lightning damage. Pay from Self Insurance Fund - 622-195-5-440-01. CH2M HILL General Engineering Services ending 04/24/94. Pay from: 1990 Constr. Fund 409~000-0-690-10 $9,194.64. W & S Util. Rev. Fund 421-000-0-691-21 $395.16. Util. Cap. Impr. Fund 404-000-0-690-10 $234.17. CHEMLINE P. O. 5718. Lime for chemical softening. Pay from Water & Sewer Rev. Fund 401-335-5-365-00. COMTEL INDUSTRIES, INC. P. O. 6910. Installation & configuration of card. Pay from 1990 Construction Fund 409-000-0-690-10 - $1,091.30. 409-000-0-691-10 - $1,091.30. CONTROL CONCEPTS CORPORATION P. O. 6926. Selector switches for all wells. Pay from Water & Sewer Rev. Fund 401-336-5-345-00. CROM CORPORATION P. O. 7158. Elevated Storage Tank construction. Pay from 1990 Construction Fund - 409-000-0-690-10. DADE PAPER COMPANY P. O. 5686. Janitorial supplies. Pay from Warehouse Fund 502-000-0-410-11. DATA FLOW SYSTEMS, INC.. P. O. 7172. Module transceiver & power supply. Pay from Water & Sewer Rev. Fund - 401-352-5-345-00. DILLER-BROWN & ASSOCIATES, INC. P. O. 7301. Emergency lightning damage repair. Pay from Self Insurance Fund 622-195-5-440-01. FOUR M GROUP, INC. P. 0. 5847. Latchkey afterschool snacks. Pay from Federal Grants Fund 105-723-5-499-00. GREENTREE DRY CLEANERS P. O. 6146. Police uniform cleaning. Pay from General Fund 001-211-5-436-00. $3,340.00 $9,823.97 $2,284.37 $2,182.60 $2,459.81 $96,367.50 $1,583.10 $1,170.00 $1,741.00 $2,184.00 $1,209.48 2 COMMISSION JUN ~1 1994 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. HARRELL'S, INC. P. O. 7212. Bulk fertilizer. Pay from Golf Course Rev. Fund 411-726-5-366-00. $2,658.29 JONES CHEMICALS, INC. P. O. 5654. Chlorine for disinfection. Pay from Water & Sewer Rev. Fund 401-335-5-363-00. $3,990.00 JOSEPH GARTLAND, INC. P. O. 7134. Latex exam gloves. Pay from Warehouse Fund 502-000-0-410-18. $1,064.00 JOSIAS & GOREN, P.A. General professional services. Pay from General Fund 001-141-5-461-00. $6,250.00 JOSIAS & GOREN, P.A. Legal advice on Tradewinds, Jaeger, Summit Assoc. Pay from General Fund -.001-141-5-468-00. $2,328.80 LARUE PLANNING & MANAGEMENT SERVICES Management assistance 06/07 - 06/08/94. Pay from General Fund 001-121-5-468-00. $1,200.00 LAWMEN'S AND SHOOTER'S SUPPLY, INC. P. O. 6711. Ammunition. Pay from General Fund 001-211-5-381-00. $2,880.08 LAWSON, NOBLE & ASSOCIATES, INC. Professional services from 04/23/94 - 05/20/94. Pay from Federal Grants Fund - 105-722-5-463-10. $2,142.00 MANAGEMENT AND PERSONNEL SYSTEMS, INC. EMS Coordinator examination. Pay from General Fund - 001-135-5-395-00. $1,732.00 METZGER, SONNEBOP~N & RUTTER, P.A. Legal fees and disbursements. Pay from Self Insurance Fund - 622-195-5-468-00. $2,229.99 3M CORPORATION P. O. 7245. Vehicle stripping tape. Pay from General Fund 001-411-5-348-00. $2,428.48 PALM BEACH NEWSPAPERS, INC. May advertising for City Engineer & Asst. City Mgr. Pay from General Fund 001-135-5-475-00. $1,383.31 PEROXIDATION SYSTEMS, INC. P. O. 5582. Hydrogen peroxide for corrosion control. Pay from Water & Sewer Rev. Fund 2 $3,885.00 401-352-5-365-00. COMMISSION APPROVAL 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. RAYSIDE TRUCK & TRAILER P. O. 6858. Equipment storage compartment. Pay from Sanitation Fund 431-341-5-642-00. $1,377.00 REYNOLDS & REYNOLDS P. O. 7148. Personnel authorization forms. Pay from Warehouse Fund - 502-000-0-410-10. $4,591.86 ELLEN SCHAFFER P. O. 7287. Software for Pension Administration. Pay from: General Employees - 611-137-5-670-01 - $6,037.34. Police Pension Fund 612-138-5-670-01 $6,073.33. Firefighters Pension 613-139-5-670-01 $6,073.33. $18,220.00 SHALLOWAY, FOY, RAYMAN & NEWELL, INC. Professional services Quail Run Review. Pay from Water & Sewer Rev. Fund 401-392-5-463-00. $2,035.43 SMITH SECKMAN REID, INC. P. O. 6118. HVAC System modifications. Pay from Public Serv. Tax Constr. 301-194-5-468-00. $4,500.00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY P. O. 5574. Daily garbage pickup. Pay from Sanitation Fund - 431-341-5-490-01. $95,616.04 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT User charges for treatment & disposal for May. Pay from Water & Sewer Rev. Fund - 401-353-5-490-09. $154,539.78 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Reimbursement for overpayment on Sinking Funds. Pay from Utility General Fund - 403-000-1-476-40. $4,168.12 SOUTH FLORIDA TRANE CENTER P. 0. 5642. Parts & repair on Trane A/C. Pay from General Fund 001-192-5-435-00. $2,376.54 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Use of right-of-way application permit. Pay from Federal Grants Fund 105-722-5-640-39. $1,550.00 SUN-SENTINEL Advertising for City Engineer. Pay from General Fund 001-135-5-475-00. $1,481.27 SYSTEMS SOLUTIONS P. O. 5656. Antiscalant for WWTP. Pay from Water & Sewer Rev. Fund 401-335-5-365-00. $4,400.00 3 COMMISSION JUN 21 ]994 APPROVAL 47. TARE LAWN MAINTENANCE $4,206.00 P. O. 5781. Lawn maintenance ending 06/13/94. Pay from General Fund 001-722-5-430-15. 48. VALUE RENT-A-CAR $2,054.85 P. O. 5673. Police undercover vehicle rentals. Pay from Misc. Trust Fund 691-000-1-691-20. 49. WIEDERHOLD, MOSES, BULFIN & RUBIN $1,583.94 Legal fees and disbursements. Pay from Self Insurance Fund 622-195-5-468-00. 50. XEROX CORPORATION $3,250.00 P. O. 7191. Copy paper for warehouse stock. Pay from Warehouse Fund - 502-000-0-410-10. These bills have been apDroved and verified by the department heads involved. Checked and approved for payment. Gr r I therefore recommend payment of these bills. Carrie Parker, City Manager ADD ON', .... 51. DELRAY MARINE CONSTRUCTION P.O. 7286. Replace Broken Markers at The Boat Club Park. Pay From Self Insurance Fund-622-195-5-440-01 $4,850.00 4 COMMISSION JUN 2! ]994 APPROVAL