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Minutes 02-07-97MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD AT CITY HALL IN THE MALL, BOYNTON BEACH, FLORIDA, ON FRIDAY, FEBRUARY 7, 1997, AT 4:00 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiew, icz, Vice Mayor Matthew Bradley Commissioner Henderson Tillman; Commissioner Jamie Titcomb. Commissioner Dale Sugerman. City Manager James Cherof, City Attorney' Sue Kruse, City Clerk CALLTO ORDER Mayor Taylor called the meeting to order at 4:05 p.m. Commissioner Tillman was not yet present. PRESENTATION RE: CITY'S STORMWATER UTILITY Mark Law, DepuTy Utilities Director. stated that prior to 1993. stormwater issues were handled by the Street Division of the Public Works Department. Funding was a Genera Fund item and was marginally funded. Because of the marginal funding situation, Utilities assisted [he Street Division when they could to clear blockages, etc. In 1993, the Commission approved Ordinance 093-72 which created a stormwater utility. That ordinance created a method of collecting revenues for management of stormwater problems. The Utilities Department was given the authority of stormwater management ~ssues and proceeded with basic maintenance ~ssues. In 19921 a master plan was developed by Camp Dresser & McKee. In that master plan, they identified four priority areas, some of which have been addressed. The master plan was basically developed as a prerequisite to the USEPA permitting process. The permit was issued about 30 days ago, and we are required to do specific monitoring tasks to improve the quality of our discharge into the canaJ system the Intracoastal, etc. When that ordinance was approved, the Commission also approved a $1.00 per ERU for each single-family home on a standard lot with 1.937 feet of mpervious area. The impervious area includes patios, driveways, roofs, etc. Right now. we are collecting $12.00 a year from single- family homes for stormwater management issues. The industrial/commercial use is slightly different. They are charged $1.00 per equivalent ERU. Mr. Law reviewed the four priority areas identified in the 1992 master plan. Priority Area I was a continuous problem at the post office. The Flodda Department of Transportation did some repair work and installed an additional drain. Therefore, this MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 numbers on lengths of pipe required. It would look at a range of options instead of focusing on one option. Mr. Mazzella reviewed the stormwater system development options as follows: 1. Maintenance Only - continue to clean existing piping, and re-contour existing swales at the rate allowed by current revenues. Mr. Mazzella advised that this option is labor intensive. However. this is about all we can do with the existing maintenance staffing and the existing revenue stream. The stormwater accounts have some reserve, and we have about ,$2 million in bond money from the 1996 issue which was set aside for major projects such as the Industrial Park. However, the revenues from stormwater do not cover the debt service for that bond issue. That debt service is being indirectly subsidized by water and sewer revenues. Moderate Enhancement - mprove drainage systems in Priority Areas 2 and 3, already identified as having nOtable problems, and increase rate to adequately fund the capital projects required, plus debt service on existing bonds. Mr. Mazzella stated that we can correct the problems ~n Priority Areas 2 and 3; however, any other major capital project would require a rate increase. Mr. Mazzella referred to a map showing the City limits and the areas where swale-types of drainage systems predominate. There are no exfiltration trenches, no positive drainage, and no runoff into the lake. The water goes in the swale and either flows overland somewhere, maybe into the Intracoastal. or sits there until it percolates into the ground. Most of the area east of 1-95 and some of the area west of 1-95 was built with this type of drainage system. The newer subdivisions are required to have positive drainage which means that when the rain falls on the street, it goes into a catch basin which goes into a lake or a dry retention area and sits there to percolate. It does not sit on the roadway or the right-of-way. Commissioner Bradley asked if this is how the EPA determines whether or not we are in compliance with the permits. He also asked if this is based on the new approach (the retention ponds), the swales, or both. Mr. Mazzella stated that we are doing water quality monitoring to see where we do not meet their standards. The new subdivisions have positive drainage systems because it is a South Florida Water Management District requirement. Commissioner Bradley asked where the water quality is checked. Mr. Mazzella advised that it is checked all over. We have an annual contract with a consultant that does this County-wide because it is hard to say where the pollution is coming from. Generally, the longer you can retain water on site in a retention area or lake the better the quality of the water that is going into the canal. MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 Mayor Taylor asked if the EPA permit is based on the old swale runoff process or the new dry retention process. Mr. Mazzella stated that it is based on water quality. City Manager Sugerman clarified that if our discharge into bodies of water commonly shared by the public is bad, then we are in violation of the permit. Commissioner Bradley pointed out that if a swale is working right, that water is not going to get into a place where it is going to get tested, and the retention pond water is not going to be tested either. Therefore, we are talking about the water that flows into the gutters and the old systems that pump it into the canal or into the Intracoastal. He asked if that is where the EPA permitting testing comes from. Mr. Mazzella said those are going to be problem areas. A lot of State highways have positive drainage systems without any pretreatment. It goes into the gutter, down into the storm drain, and out into the lntracoastal. "Positive" means that the water flows to a lower point. Positive discharge' gets the water away fast, but not necessarily clean. City Manager Sugerman added that everyone is bothered by standing water on the roads or in their front yards or driveways when it rains heavy. However. the EPA does not care about that. They care about what happens to the water, where it goes, and if we are pollUting the common water areas. They are two different issues, but we have to deal with both Large Scale Enhancement - Supplement swale-type drainage systems with exfiltration trenches and positive drainage where possible. Includes purchase of land for stormwater retention areas. Mr. Mazzella stated that on a larger scale of enhancing the stormwater discharge in order to maintain water cleanliness or improve it while removing the water from the standing swales for a long period of time, we could construct additional exfiltration trenches to get the water off the road into an underground pipe where it slowly percolates into the ground or construct some type of positive drainage system that carries it off the street to a lake or dry retention area, but not directly to a canal or the Intracoastal. That is now allowed. With a positive drainage system, vacant land has to be pumhased. Exfiltration trenches are more expensive than swales, and they require more maintenance than swales. Mr. Mazzella advised that if we want a positive drainage system, we need to purchase land for stormwater retention. There is not much vacant land on the eastern portions of the City because they are already developed. Therefore during a master plan update. the consultant would have to weigh this to see if this is a feasible option. 4, Major Redevelopment - Eliminate swales wherever possible. Reconstruct Roadways with curb and gutter cross-section. Add drainage structures, and 4 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 purchase land for stormwater retention. This involves Enterprise Fund and General Fund activities. Mr. Mazzella stated that the most intensive and ambitious option would be a major redevelopment. This option would be the most expensive. James Reed pointed out that swales help trap the water and prevent it from going directly into the canals. Mr. Mazzella said we would pave over the swales, creating a raised curb so that the water cascades off the road into the gutter and then goes either into an exfiltration trench or into a lake or dry retention area prior to discharge into a canal orthe Intracoastal. Commissioner Titcomb asked if we would end up with a combination of systems. Mr. Mazzella advised that this is possible. Commissioner Bradley inquired about outfal] filters. Mr. Guidry stated that this can be considered when updating the master plan. Commissioner Bradley pointed out that we need to consider the aesthetic issue of the swales as well. Mr. Mazzella pointed out a fairly well developed commercial area of the City where there are no swales. The parking lots have catch basins in them He said we are going to have to address how we are going to bring that water quality up to better standards. He explained that an updated master plan could examine each of these options or only a few of them. It could identify areas that are expenencing flooding during heavy rains. It could quantify the cost of each type of improvement, and provide a variety of scenarios. Mr. Guidry advised that an updated master plan would address the technical and political responses. City Manager Sugerman said it would be an engineenng analysis of what streets need what kind of improvement. It could be a variety of different improvements in different neighborhoods, depending on the physical structure of each neighborhood. He asked if staff has the technical capability to do this. or if a consulting firm with engineering and surveying capabilities would be needed. Mr. Guidry advised that we are basically a water and sewer utility and solve water and sanitary sewer problems on a daily basis. He would not be comfortable having staff doing this. He stated that an updated master plan would quantify and coordinate what really is a problem in Boynton Beach, show how to resolve it, and determine what dollars it would take to resolve the problems. Mr. Reed inquired about trying to find ways to decrease the pollutants that are getting into the water in the first place. Mr. Law stated [hat many of the pollutants are typical 5 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 road oil. Mr. Reed referred to lawn chemicals and felt we should educate the homeowners to decrease herbicides. At this time. Commissioner Tillman arrived. Mr. Guidry would like to formulate a staff recommendation to the City Manager and put this item on the City Commission agenda in the near future for discussion. Commissioner Bradley required about the extent of the existing funds to do swales. Mr. Mazzella stated that the 1996 bond ~ssue, among other things, set aside about $2.144 million for all stormwater improvements, including Pdority Areas 2 and 3, which the engineer estimated at about $2.5 million in 1992. In addition, we have about $100,000 of reserves in the Stormwater Fund. City Manager Sugerman stated that the $1.00 ERU raises a little over a half million dollars a year, and we have $2 million in the bank. The $2 million was set aside for swale projects. Mr. Mazzella added that if the $2 million is used for swale projects, the other projects would have to be down scaled. Commissioner Bradley asked how many swales we could fix with $2 million. Mr. Law did not have this information yet. Mayor Taylor did not believe the $2 million was earmarked. Mr. Mazzella agreed that the Commission has not authorized the expenditure of the $2 million. Mr. Reed asked if the City would be able to get some Federal money for clean up. Commissioner Bradley felt the City could with respect to the par~s that pollute the Intracoastal or the C-16 Canal. Mr. Guidry advised that we would have to identity the specific cleanup problem. Commissioner Bradley pointed out that we know where the problem areas are. He suggested fixing what we can with the money we have. City Manager Sugerman felt a master plan would help us identify and understand the aesthetic half of the equation. He asked how much standing water and how long it is allowed to stand is acceptable to the community. We can make it all go away the minute it hits the ground if we want to spend enough money putting curb and gutter everywhere. However, we cannot afford that. A master plan would help us figure out an acceptable level of standing water on a street or in a neighborhood. Mayor Taylor questioned the need to update the master plan Mr. Guidry explained that we want to solve the stormwater problem to the best of our ability and to review everybody's concerns. City Manager Sugerman added that we want to update what the 1992 master plan did not address. There are a number of projects that have not been engineered yet. We want to study it and then determine what kind of rate structure we would need to make it happen. Commissioner Bradley asked if there are requirements to have the need justified if we change the stormwater utility rate. Attorney Cherof answered affirmatively. He stated 6 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 that our rate structure has to be supported by appropriate study comparison to existing rates here and elsewhere, and there has to be a public hearing process before they are adopted. SWALE PARKING City Attorney Cherof advised that the Attorney General has ruled that a private property owner can have a vehicle towed from the property adjacent to their house without the necessity of posting signs. He suggested that the Commission discuss the financial obligation to repair and maintain the swales. He stated that the long term ability to maintain swales and the property owner's ability to pay for maintenance should be addressed when we clean up the ordinance. He felt that if we are going to expect the property owner to maintain it, we are going to have to have a little more teeth in .the ordinance. At a previous Commission meeting, the Commission decided to take on the project for swale restoration as a capital improvement project in a limited degree for one, two, or three projects. Commissioner Bradley asked if we are setting a precedent. City Attorney Cherof did not think this was a precedent. He felt it was a study project to see how you could truly manage that kind of project where you control all of the aspects of it, and if that helps it work quicker, cheaper, and more efficiently. Vice Mayor Jaskiewicz inquired about the work that has been done thus far and asked if it solved the problem Mr. Law advised that all of the driveways on the 2500 block of 4TM Court have been poured, with the exception of one that has an existing storm drain that is marginally functional. We did not want to abandon that until all the swales were excavated. The excavation of the swales started yesterday. He estimated that the work will be completed in a few days and expected this to solve the problem. Commissioner Bradley asked how many people have irrigation systems. Mr. Law advised that not too many have irrigation systems. The people who have floratam and n~ce lawns intend to extend their irrigation systems. Commissioner Bradley inquired about the width of the right-of-way from the edge of the road to the property line. Mr. Law advised that one particular street has a 60 foot right- of-way. The previous estimates were based on a 50 foot right-of-way. There are some 80 foot rights-of-way. Once the five streets are completed, he will be able to provide a more accurate fig ure of what it cost per driveway. Mayor Taylor was in favor of drafting an ordinance stating that the property owner is responsible for maintaining the swale. He felt the property owner should have the right to determine who can park in the swale. Robert Eichorst, Director of Public Works. stated that swales are not going to Past if people drive in and out of them. The soil will 7 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 be broken down and the road edge will be torn up. He asked how it is going to be determined when the swale needs to be repaired. Commissioner Tillman asked how we can require property owners to maintain the swales when we allow them to park in them. Parking destroys swales. He was against allowing parking in the swales. City Attorney Cherof stated that it is going to be a lot easier to enforce a no parking in a swale ordinance than a maintenance of the swale ordinance. Lee Wische wondered where guests would park their cars if they cannot park them in the swales. Mayor Taylor stated that the ordinance can state that when the swale is "x" amount deteriorated, it needs to be repaired. City Attorney Cherof stated that as staff finishes each swale improvement, they will need to do an as-built of those swales so that two years from now we can take measurements indicating where the swale has disappeared. That would be the basis for a citation. Vice Mayor Jaskiewicz felt the property owners should be allowed to determine who parks in the swales, but they should be responsible for maintaining them. Scott Blasie. Code Enforcement Administrator. was against parking in the swales. However, he was not in favor of eliminating parking in the swales because other things destroy the swales besides parking in them. In addition, he does not have the staff to enforce no parking in the swales. He advised that Code Enforcement is recommending that people plant City approved trees in the swales. This beautifies the swales, makes the street look better, and keeps people from parking in the swales. Ken Hall of the Engineering Department stated that permits should be obtained before planting trees in the swales. He pointed out that when the trees mature: the City could be in a position of liability. Aisc. the post office is one of the biggest destroyers of the swales and the edge of the roads because of the mail boxes. The mail boxes are close to the inside edge of the sidewalk or on the back of the swale area, and the trucks gouge them. In addition, if you require people to maintain the swales, you shoulP give them some alternatives besides grass, such as decorative rocks or glass blocks. Mr. Reed pointed out that paving blocks are very attractive. Commissioner Titcomb felt that if we are not going to eliminate parking in the swales. we should limit parking in the swales to the property owners and give them a mechanism to have other cars towed. City Attorney Cherof asked if the only vehicle allowed to park in the swales is a vehicle registered to the property owner. Mayor Taylor said any vehicle can park in the swale with the consent of the property owner. City Attorney Cherof will draft an ordinance. MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 COMMUNITY APPEARANCE ISSUES Vice Mayor Jaskiewicz stated that there is a way to address RVs and vehicles without hurting the people who currently own boats. It is similar to the Lake Worth and Palm Beach Gardens ordinances. She preferred to address this after we get our minimum standards under control. SIGN ORDINANCE Mayor Taylor stated that we never established a start date for the sign ordinance. City Attorney Cherof stated that we are at the original five year amortization pedod, He did not know whether or not there is a survey of what signs are ~n violation and are going to expire, There are some provisions that may be legally difficult. What is missing from the ordinance is the ability for somebody who has run out of time to be granted additional time because their sign was extraordinarily expensive or was approved the day before the ordinance went into effect. There may be some differences in the way People should be treated, For instance, somebody who has a sign that is not in conformity but it existed for 10 years before the sign code went into existence should De treated a little differently than somebody who put that same type of sign in the week before the ordinance took effect. The grandfathering provision needs to be modified slightly, We also need to give it a realistic expiration date, advertise that expiration date. and enforce that expiration date consistently. Mr. Blasie advised that an initial survey was done and former Building Official Don Jaeger and former Planning and Zoning Director Chris Cutro broke it down into what was nonconforming according to how the Code read at that time, The Code had a little glitch in it that exempted a lot of nonconforming signs However. that has been fixed. Therefore, the numbers may be different. Commissioner Titoomb asked why the original date stamp of expiration is not valid. City Attorney Cherof felt it is and that we could take enforcement action base(~ upon that amortization period. However. he suggested that if the five year period is perceived to have been too short as a realistic time period for people to advertise the value of their signs, then it should be longer, Mayor Taylor stated that we may not have to recreate the wheel He advised that Delray Beach adopted a sign ordinance and a] signs had to come into conformance. None of them were grandfathered in, City Attorney Cherof suggested extending the grandfather period date a year or two, advertising the extension, completing the necessary survey to do enforcement, and a year before somebody's sign expires, send them a notice telling them their sign is going MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, '1997 to expire in a year, and do a follow-up notice six months before that. He felt by taking these steps, we will have satisfied all of the notice requirements. He also suggested adding a provision that says under extraordinary circumstances, established of record and after a hearing, that a person could get an additional six months or a year if they can demonstrate that there is an extraordinary value to their s~gn that has not been capable of being advertised within six or seven years. Stan DubS. Chairman of the Planning and Development Board, stated that because the sign ordinance was vague and did not have an expiration date, it was modified and the five year period began again. Every time the sign ordinance is changed, the five year period begins again. Vice Mayor Jaskiewicz asked if the sign ordinance also refers to billboards. City Attorney Cherof stated that it refers to billboards specifically; however, there are some other rules and regulations that apply to billboards. There is a State Statute that says we have to treat a billboard like we would treat a piece of land. If we condemn it, and if it has ascertainable value, we have to pay for it. Vice Mayor Jaskiewicz asked if this applies to existing billboards only. City Attorney Cherof answered affirmatively. Commissioner Titcomb asked if a modified ordinance wholly replaces a previous ordinance. City Attorney Cherof said not in all cases because you can modify only a portion of it and affect only one type of sign Commissioner Titcomb suggested finding out if the original ordinance still holds true in 90 percent of the cases so that we can notify those people that the modifications did not affect their particular sign and, therefore, they are still under the original date stamp of expiration. City Attorney Cherof advised that one city requires the property owner to provide a photograph of the signage as seen from both the front and the side. Then they open a file on that signage and use it to monitor that particular sign If any other signage is put up, it will clearly be depicted by the photograph. Mr. Dubb suggested having signs renewed annually as a way to control them. Mayor Taylor did not think someone should pay for their s~gn annually. In addition, he felt this was too regulatory. Mr. Blasie reiterated that the Code can be interpreted two ways. If it is interpreted one way, we could arrive at a large number of nonconforming signs. If it is interpreted the other way, we would arrive at a small number of nonconforming signs. Commissioner Titcomb stated that as Mayor Taylor mentioned earlier the City of Delray Beach successfully implemented a sign ordinance, as well as a landscaping ordinance for commercial properties in the CBD and CRA districts. He suggested borrowing theirs. 10 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 Vice Mayor Jaskiewicz advised that there is a way to bring commemial establishments and things that are grandfathered into compliance. It is very similar to the sign ordinance. She was in possession of information from Boca Raton and Delray Beach regarding this and would like to discuss this the next time the Community Appearance issues are discussed. NEWSPAPER RACKS Vice Mayor Jaskiewicz explained that a gentleman from Sandalfoot Cove objected to the 19 newspaper racks on this street because most of them are throwaways and they wind Up all over the street. However, she was advised by the County Engl near that they are illegal because of the traffic. Therefore, the County has red tagged them and they have to be removed within 15 days. City Manager Sugerman explained that there is a freedom of press issue here and you really cannot prohil~it the press from having space in a public right-of-way to peddle their newspapers. He explained hOw one city tried to put a little aesthetic control on it by providing six or eight station newspaper racks that were uniform in color and shape and were well maintained by the city. They were charged a rental fee to cover the cost of maintenance. City Attorney Cherof advised that a couple of years ago, the City of Coral Gables was taken to court by two newspaper companies. The city tried to regulate the time, place. and manner of the placement. They wanted some uniformity of look. They did not want a wide degree of colors. They wanted them in safe locations, and they wanted the public to be able to freely move around them both in vehicles and as pedestrians. The Federal Court ruled in favor of the city and said that there were a number of restrictions that could occur. Their ordinance has become the base ordinance that a lot of other cities have Used. It has been adopted successfully in Lauderdale by the Sea and Coral Springs. He gave a copy of the Coral Springs ordinance to City Manager Sugerman. It does not prohibit newspaper racks ,n any manner. It simply regulates their location, when they can be there, how they have to be maintained, and it gives the city the right to remove them if they are not maintained in that fashion. There is also a bond requirement with respect to the racks. Mayor Taylor stated that in Boca Raton: the City and the newspaper representatives reached an agreement. The problem is with all the little freebie newspapers. City Attorney Cherof advised that you can regulate them. They are governed by a slightly different standard That is commercial speech and they are not afforded the same protection or latitude as the newspapers. OTHER 11 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1997 Vice Mayor Jaskiewicz advised since there is a new post office on Jog Road, the post office is willing to change the addresses in the north end of the City to a Boynton Beach address with a Boynton Beach zip code. Mr. Mays told her to reactivate our request by having the Mayor, Vice Mayor, or City Manager send him a letter. A new survey is not needed ADJOURMENT There being no further business to come before the Commission. the meeting was adjourned at 5:49 p.m. THE CITYOFBOYNTON BEACH ATTEST: CitycClerk Recording Secretary (Two Tapes) Commissioner ,///.//C;o"m ~ is s i o n e r 12