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Minutes 09-03-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON, BEACH, FLORIDA, ON'TUESDAY, SEPTEMBER 3, 1991 ~RESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose Aguila, Commissioner ~illian Artis, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER. MOMENT OF SILENT PRAYER,, PLEDGE OF ALLEGIANCE Mayor Weiner called the meeting to order at 7:05 p.m. After a ~oment of silent prayer, the Pledge of Allegiance to the Flag was led by Vice Mayor Harmening. GENDA APPROVAL 1. Additions, Deletions, Corrections City Manager Miller corrected Item XI-F, Approval of Bills; the  ill for CH2M Hill should be amended to $175,175.46 instead of 119,923.46. City Manager Miller added Item G under VIII-NEW BUSINESS regarding a letter of objection to Advance Radio Communication of Florida's application for FCC License. 2. Adoption Commissioner Matson moved to approve the agenda as corrected. The motion was seconded by Commissioner Aguila and carried 5-0. ANNOUNCEMENTS 1. Proclamations: a. Industry Appreciation Week - September 16-20, 1991 b. National D.A.R.E. Day - September 12, 1991 After reading both Proclamations, Mayor Weiner announced both would be signed and adopted. Second City Commission Meeting in September will be held on Thursday, September 19th at 7:00 p.m. Mayor Weiner announced that the second City Commission meeting in September will be held on September 19th at 7:00 p.m. since the original date falls on Yom Kippur. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 3i. Budget Public Hearing is on Wednesday, September 4, 1991 at 7:00 p.m. Mayor weiner announced the first Budget Public Hearing will be Conducted on Wednesday, September 4, 1991. 4. Boynton Beach Task Force on the Elderly ~.ayor Weiner announced the Task Force on the Elderly will begin shortly. She advised everyone present that it is unnecessary to ¢ive up a position on any community board or advisory board to erve on the Task Force on the Elderly. She urged all interested o contact the City Clerk's Office for a talent bank form. Mayor ;%iner explained this will be a short-lived task force of approximately six to eight months. The purpose of the task force %'ill be to investigate the needs of the elderly. The first ~eeting will be at the beginning of October. ~'RESENTATIONS .. Employee of the Month - August, 1991 ~ill DeBeck, Project Manager for the City of Boynton Beach, was 'ecognized for his outstanding and untiring dedication in orga- nizing the first employee picnic. He assisted in planning the ~vent which was quite successful. He was awarded the Employee of ~he Month for August, 1991. . Certificates of Commendation - Participants for Crime Prevention Funday laura Widmer explained that in response to a request from City anager Miller, she called upon Sam DeLong, Dale Hammack of the olice Department and Bob Borden of the Fire Department for ssistance in organizing Crime Prevention Funday. Ms. Widmer ecognized all of the people who contributed to the success of he day by calling them forward and presenting them with cer- tificates of commendation. All participants were thanked for laking Crime Prevention Funday a fun and educational experience. iA list of names of these participants is attached to the origi- lal minutes on file in the City Clerk's Office.) ~IDS 1-95/NW 22nd Avenue Interchange Utility Relocation - Consideration of awarding bid to Bergeron Land Development and authorizing execution of contract (Proposed Resolution R91-141) ~ity Manager Miller stated this involves relocating the sanitary '~ewers from the rear of the houses on the north and south side of MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 NW 22nd Avenue along Northwest 2nd Street. The work is fully reimbursible from the State. The Utilities Department has recom- mended awarding this contract to Bergeron Land Development. Motion ~ice Mayor Harmening moved to award the contract for water and Sewer for relocation of the 22nd Avenue Interchange at 1-95 to ~ergeron Land Development in the amount of $182, i814.20 based on ~dvice and recommendation of the City Manager and the Utilities Director· Commissioner Aguila seconded the motion which carried ~ice Mayor Harmening moved to amend his original motion to nclude the adoption of Proposed Resolution R91-[41. ommissioner Aguila seconded the amended motion ~hich carried 5-0. ~UBLIC AUDIENCE MAyoR WEINER OPENED THE PUBLIC AUDIENCE· : ~hirley Stevens, 2832 SE 5th Circle, Chair of the Citizens' ~oalition, represented that group. She questioned the status of their request for a referendum proposal. Mr. Miller is hopeful ~t~ will be presented at the September 19th meeting or the..first meeting in October· The Citizens' Coalition wil~ be not~fled. · J. Lynch, 1912 SW 16th Avenue, is the President of the Board , I ~f Directors of the Boynton Leisureville Community Association. [e explained that Campanelli Boulevard from 18th Street to Golf ',oad was paved by the City. The street was originally double- .ined in the center· Since the repaving, the do~ble lines no .onger exist. This is creating a hazardous situation and Mr. ,ynch requested the City replace the double line~. Mayor Weiner ~sked City Manager Miller to act to this requestI. ~ev. Granville Reed, Pastor, St. Paul African Me lhurch, located at 310 Martin Luther King Boulev ~he Commission with regard to Item C-8, Proposed ~91-131. Rev. Reed encouraged the Commission to ~esolution and proceed with plans to create a pa )elieves this will be the headstone of the event ~ent and beautification of Martin Luther King Bo ~xpounded on the tradition of community leaders ~rees to discuss business and make decisions. I ~he creation of the passive park will beautify t ~he City. thodist Episcopal ~rd, addressed Resolution No. adopt this ssive park. He ual redevelop- ulevard. He sitting under t is his feeling he entrance to MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Art Matthews, owner of Rainbow City Grocery Store located at 1919 N.Seacrest Boulevard, residing at 1262 Gondola Court, lobbied on behalf of the youth of Boynton Beach with regard to the game room at Ezell Hester Park. He urged the Commission to give con- Sideration to helping the children remain children by keeping the  ame room. He expressed the feelings of the neighbors of the ark who are anxiously awaiting its opening. fill Martin, 4398 Caryota Drive, Boynton Beach, spoke as the hairman of the chamber of Commerce Economic Development ommittee. He thanked the Commission for their support and nterest in local industry and for proclaiming September 16-20 industry Appreciation Week. MAYOR 'WEINER CLOSED THE PUBLIC AUDIENCE. DEVELOPMENT PLANS A- Lighthouse Square Marina - time extension for site plan - Craig Livingston, Architect for project lhris Cutro explained Lighthouse Square Marina is requesting a ~ime extension for their site plan which was approved in August, .991 by the City Commission. The only staff concern is that the ~ime extension be granted for the entire project.  ayor Weiner asked that all in favor of the Lighthouse Square arina speak first. Craig Livingston, Architect, 323 North Federal Highway, requested iohe Commission grant the time extension for one year. He eviewed at length, the history of this project. He pointed out me of the problems they have experienced. He explained that in ecember 1989, Mr. A1 Giacketti expressed interest in the pro- ect. Messrs. Livingston and Giacketti developed a concept ased on a boat storage building and lighthouse surrounded by the [etail and marina. In January, 1990, the City Commission changed he approved use and in August, 1990, unanimous site plan appro- 9al was granted by the City Commission. World conditions have ~ffected the bank's lending abilities. Mr. Livingston now stated ~hat in Spring, 1991, the bank verbally committed to Mr. ~iacketti. Sovereign Bank has merged with NCNB with new ~inancing established; however, .no further commitment has been ~orthcoming. ~e continued stating that many businesses in the area are now beginning to plan projects. Tenants are being attracted to the )roject. Pete Rose's name was mentioned as a possible restaurant ~enant along with the fact that his name would bring with it ational attention. Mr. Livingston stated that the entire pro- ect would be built in full, not in phases unless approved by the City commission. This project will add to the City's tax base and is a good project for the downtown area. He thanked the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Commission for their support and requested consideration of a time extension of one year. Gary Ashcraft, Greater Boynton Beach Chamber of Commerce, 639 ~ast Ocean Avenue, Suite 108, is in favor of this project and Supports the request for the time extension. dill Martin, Chairman, Chamber of Commerce Economic Development Committee, 4398 Caryota Drive, spoke in favor of this project and Understood the borrower's frustration with the difficulty of taining financing. It is his feeling this project is needed in ynton. He feels it will spur interest in the area. He urged ~he Commission to consider this request. nthia Greenhouse, 618 NE 20th Lane, spoke as a resident. She a staunch ~upporte~ of beautifying the downtown area and feels this project is what is needed and would be a tremendous asset to ~he City. She urged the Commission to consider the extension. ~alph Marchese, 1901 SW Roma Way, expressed his feelings that ~raig Livingston has done a tremendous amount of work trying to  et downtown "uptown". He feels the City will gain a great deal y granting this time extension. Motion Vice Mayor Harmening moved to grant the extension of the con- ~itional use for six (6) months subject to the entire project Being constructed at one time. Mayor weiner passed the gavel and seconded the motion. lommissioner Aguila questioned why Vice Mayor Harmening would Lllow six months rather than one year for the time extension. rice Mayor Harmening stated he is not against this project. He .s against building it piecemeal. He feels the Commission needs ~o express their opinion that the lighthouse is not the issue. Ie speculated they probably thought if they did not take out a permit for this particular piece, they might extend their con- titional use. In his opinion they would not. The conditional lse was for the entire project. He also added that the ighthouse is 65'. There is question as to whether this is a ~onditional use. The language in the referendum setting the leight limit at 45' was very specific. There is no language ~hich includes granting a lighthouse at a height of more than 5'. Vice Mayor Harmening feels this project has been around a ong time and feels there are still strong banks for financing. If this project is viable, they should be able to get financing ;ithin six months. .~ttorney Cherof advised Commissioner Artis that if the motion made by Vice Mayor Harmening failed, a subsequent motion could be 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 made. In response to a question from Commissioner Aguila, it was Mr. Cherof's opinion that the Code implies the extension can be up to one year. Mayor Weiner stated she spent time at the Jupiter Seaport Marina speaking with its owner, Mr. David Haynes. There is a three- Story boat storage building which has room for 150 boats. Mr. Haynes would like to enlarge this to four to five stories. A mechanic is on duty at all times with repairs being done Constantly. Lighthouse Square Marina has a conditional use for only minor repairs. Forklift vehicles were constantly lifting boats from the storage facility. There existed the smell of grease, oil and gasoline. In Mayor Weiner's opinion, nothing about the working boat storage facility would attract visitors. She reminded the developers that conditional use was granted for the boat storage facility because it was part of a larger project including restaurants and shops which would become an attractive draw to the Central Business District. She was finally reassured ~his evening by Mr. Livingston that this project will not be built piecemeal. She further stated that Mr. Garcia, who is sup- posedly the developer, suggested at a meeting that if the City really wanted to help this project off the ground, the City could become a 30% partner in the project by the use of new innovative financing called Certificates of Participation. Mayor Weiner Stated that any Commissioner reckless enough to vote to spend ~axpayers' money to help finance a private developer's project, might find themselves the object of an immediate recall vote and Could possibly be guilty of malfeasance for the improper use of taxpayers' money. Mayor Weiner is willing to give this project an extension on the condition the entire project comes in in one phase or no part be approved at all. THE MOTION FAILED 3-2. (Commissioners Aguila, Artis and Matson ast the dissenting votes.) otion Commissioner Aguila moved to approve the extension for one year With the condition that the entire development be done, and no iecemeal. Commissioner Matson seconded the motion with the same t~pulation that the entire project be done. The motion carried %EGAL Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-60 Re: Amendment to the current Occupational License Ordinance, Section 603, regarding Merchants/Temporary/Retail activities MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Attorney Cherof read Proposed Ordinance No. 091-60 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 SECTION 13-22-603 TO PROVIDE FOR LICENSING FEES FOR TEMPORARY PORTABLE RETAIL ACTIVITIES IN REGIONAL MALL CONCOURSE AREAS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to approve Proposed Ordinance No. 091-60 on second reading. Commissioner Artis seconded the motion. The roll call vote was polled by City Clerk Sue Kruse and carried 5-0. 2. Proposed Ordinance No. 091-61 Re: Adopt the latest edi- tion of the Florida Energy Efficiency Code for Building Construction (1991 edition) Attorney Cherof read Proposed Ordinance No. 091-61 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING SECTION 5-51 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE MOST CURRENT EDITION OF THE FLORIDA ENERGY EFFICIENCY CODE FOR BUILDING CONSTRUCTION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 553.901, FLORIDA STATUTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Matson moved to approve Proposed Ordinance No. 91-61 on second reading. Commissioner Artis seconded the otion. A roll call vote was polled by City Clerk Sue Kruse and carried 5-0. ~ttorney Cherof clarified that the intent of the Ordinance is to '~over any future Ordinances in this regard. 3. Proposed Ordinance No. 091-62 Re: Amendment to Appendix A-Zoning to allow wholesale distribution of prepackaged meat and poultry in the C-4, General Commercial Zoning District Attorney Cherof read Proposed Ordinance No. 091-62 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING SECTION 6D1 TO ALLOW WHOLESALE SALES AND DISTRIBUTION OF PREPACKAGED MEAT AND POULTRY AS A PERMITTED USE IN C-4 ZONING DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Mr. Cutro said this was forwarded from the Planning & Zoning Board with a recommendation for this use as a conditional use in the district and also that it not be placed on Federal Highway. Attorney Cherof advised Mr. Cutro that the segment dealing with Federal Highway was removed. Cynthia Greenhouse, 618 NE 20th Lane, spoke as a member of the ~lanning & Zoning Board. She questioned who removed the part ~egarding the use on Federal Highway. Attorney Cherof advised Ms. Greenhouse the section was removed on his recommendation ~ince specific uses cannot be carved out of zoning districts Which have been created by the Commission. It would be improper ~o treat different roadways differently. Commissioner Aguila moved to approve Proposed Ordinance No. 091-62 on second reading. Vice Mayor Harmening seconded the motion. A roll call vote was polled by City Clerk Sue Kruse and darried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 091-63 Re: Proposed Commercial Sanitation rates for upcoming fiscal year 1991/92 (Commencing October 1, 1991) Attorney Cherof read Proposed Ordinance No. 091-63 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE II, SECTION 10.29 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, TO ESTABLISH RATES AND CHARGES FOR CITY SERVICES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 10 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR AN IMPLEMENTATION DATE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Commissioner Aguila moved to approve Proposed Ordinance No. 091-63 on first reading. Commissioner Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse and 6arried 5-0. Proposed Ordinance No. 091-64 Re: Amendment to the current Alarm Systems Ordinance (Correcting several defi- ciencies) Attorney Cherof read Proposed Ordinance No. 091-64 only: by title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5, "ALARM SYSTEMS", MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 SECTION 2.5-12 and 2.5-15 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO CLARIFY THE LIMITED 3-MONTH EXEMPTION FOR NEW ALARM SYSTEMS AND THE 20-MINUTE AUTOMATIC ALARM CUT-OFF REQUIREMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to approve Proposed Ordinance No. 091-64 on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse and carried 5-0. 3. Proposed Ordinance No. 091-65 Re: Zoning Ordinance Reciprocity of City's Attorney Cherof read Proposed Ordinance No. 091-65 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION 1-9 PROVIDING A RULE OF CONSTRUCTION WITH RESPECT TO RECIPROCITY OF DISTANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. ice Mayor Harmening moved to approve Proposed Ordinance No. 91-65 on first reading. Commissioner Matson seconded the otion. A roll call vote was polled by City Clerk Sue Kruse and arried 5-0. 4. Proposed Ordinance No. 091-70 Re: Adopt new official zoning map of the City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 091-70 only: by title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPLACING THE OFFICIAL ZONING MAP AS ADOPTED BY ORDINANCE 85-20, WHICH WAS ENACTED MARCH 19, 1985; PROVIDING THAT THE OFFICIAL ZONING MAP ADOPTED HEREIN SHALL REPEAL AND SUPERSEDE ALL PRIOR ZONING MAPS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Commissioner Matson moved to approve Proposed Ordinance No. ~91-70 on first reading. Commissioner Aguila seconded the ~otion. 7ice Mayor Harmening asked if this had been checked, and who ~hecked it, for scrivener's errors. City Manager Miller advised ~his will be checked and rechecked. roll call vote was polled ~ City Clerk Sue Kruse and carried MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Proposed Ordinance No. 091-66 Re: Amending Section 19-23 providing for administrative ~eview of City building projects Attorney Cherof read Proposed Ordinance No. 091-66 only: by title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 19-23 OF THE CODE OF ORDINANCES TO PROVIDE THAT CITY BUILDING PROJECTS INVOLVING THREE HUNDRED THOUSAND DOLLARS OR LESS IN CONSTRUCTION COSTS SHALL BE PROCESSED ADMINISTRATIVELY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila asked why everyone else was subject to the $1100,000 rule but the City gets $300,000. Vice Mayor Harmening xplained the primary reason for this change is to have the park o forward and save the City $30,000 in contractor fees. Attorney Cherof explained he was directed to draft this Ordinance ~o grant relief to the Hester park project. The Code would ~equi~e an amendment. Vice Mayor Harmening stated when this pro- jlect is completed, the Ordinance can be changed back. £1ommissioner Aguila felt it would appear the laws are being mani- ~.ulated. Vice Harmening agreed, but felt the need existed in an ~ffort to save the City money. Commissioner Artis was also ~.ncomfortable with this Ordinance. Commissioner Matson questioned whether this could be handled in another way at a ~ater date. Vice Mayor Harmening stated the reason it was done ~n an emergency basis was to prevent a time lag which would cost .he City $30,000. City Manager Miller advised Commissioner ~uila if this Ordinance is approved, it would allow the City to .kip TRB, CAB, and P&Z. It goes through the administrative pro- ~ess. Charlie Frederick stated the $30,000 is based on an .pproximate two-month extension. It will be delayed because it s necessary to go through all of the Boards and the meetings. Attorney Cherof advised the only other way to handle this would De to call emergency meetings of all of the Boards needing to deal with this item. Commissioners Matson, Aguila and Artis pre- ~erred this method of handling the situation. ~yor Weiner advised there are the Jewish holidays and a special ~udget meeting. In addition, she will be out of town and Vice [ayor Harmening will also be out of town. It was decided to .ttempt to get the TRB, CAB and P&Z to act prior to the next City ~ommission meeting on September 19th. Vice Mayor Harmening said this Ordinance is a simple way of  andling this specific problem and this is not the first time it as been done. There will always be someone to criticize; 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 however, Commissioner Matson did not feel comfortable manipu- lating the Ordinances. Commissioner Aguila moved to TABLE Proposed Ordinance 091-66. Commissioner Matson seconded the motion which carried 4-1. (Vice Mayor Harmening cast the dissenting vote.) it was agreed this will appear as a regular agenda item at the September 19th meeting. It will be a site plan modification. Proposed Ordinance No. 091-67 Re: Emergency Ordinance to exempt City projects under $300,000 Attorney Cherof read Proposed Ordinance No. 091-67 by title only: AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATIVE PROCESSING OF A SITE PLAN AMENDMENT FOR EZELL HESTER PARK; PROVIDING FOR SEVERABILITY, CONFLICTS, AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. ~ommissioner Aguila moved to TABLE Proposed Ordinance No. 091-67. Commissioner Matson seconded the motion which carried 4-1. (Vice Mayor Harmening cast the dissenting vote.) Resolutions: Proposed Resolution No. R91-136 Re: Approve lease agreement between the City of Boynton Beach and Bell South Mobility reference installing an antenna on top of the City's Water Tower (1620 S. Seacrest Blvd.) and constructing an unmanned equipment shelter at the base of said structure ..................................... TABLED Tice Mayor Harmening moved to remove Proposed Ordinance R91-136 from the TABLE. Commissioner Aguila seconded the motion which Carried 5-0. Attorney Cherof read proposed Resolution No. R91-136 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BELL SOUTH MOBILITY FOR A PORTION OF THE CITY'S WATER TOWER TO ACCOMMODATE THE INSTALLATION OF A RELAY ANTENNA, A COPY OF THE SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller explained BellSouth Mobility's request. The ~ntennas will be installed in three or four locations along the railing. Commissioner Matson questioned how these antennas will 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 adapt to a new water tower. Mr. Miller and Mr. Gabriel agreed this proposal will be adaptable. Alan Gabriel of 2455 East Sunrise Boulevard, Ft. Lauderdale, represented BellSouth Mobility. The antennas will be put in three different directions along the railing. They will be mounted horizontally and are approximately 4' in width. Commissioner Matson mentioned the $12,000 in revenue the City Will receive, but questioned the unmanned shelter and noise which might be involved. She was assured this is an unmanned facility ~hat will be visited approximately twice a month. There will be no disturbance to the surrounding area. Remarks were made about liability. Mr. Gabriel stated there is a provision in the lease which applies to this question. Vice Mayor Harmening questioned the contract; specifically, Section 4B. It should read, "and conversely". The limiting per- ent of 7% will not cover the CPI. The amount in the CPI should ot be limited. The City deserves compensation. Modify aragraph 6 to read, "the equipment will be removed from the old tower within 60 days after the new tank is operational. In aragraph 6C, electrical service to the equipment will be run ~nderground. Mr. Gabriel questioned Vice Mayor Harmening's remark with regard ~o Section 4B. He wants this to be reciprocal. Jeff Ebihara, of BellSouth Mobility, 500 Cypress Creek Road West, Ft. Lauderdale, ~iscussed this item with the Commissioners. It was his feeling ~hat it is not reciprocal because BellSouth Mobility is investing ~n excess of $1 million to develop the site. After some ~iscussion, it was agreed the equipment will stay on the site for a minimum of fifteen (15) years instead of the full twenty-five (25). Attorney Cherof advised all present that after fifteen years, the City would have the same right as BellSouth Mobility to terminate with six months notice. Vice Mayor Harmening moved to approve Proposed Resolution No. R91-136 with the proper amendments to the contract with BellSouth ~obility as set forth during this conversation. Commissioner Matson seconded the motion which carried 5-0. o Proposed Resolution No. R91-142 Re: Agreement with Palm Beach Sheriff's Office for use of Firearm Range for the Police Department Attorney Cherof read proposed Resolution No. R91-142 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RICHARD P. WILLE, AS SHERIFF OF PALM BEACH COUNTY, STATE OF FLORIDA, FOR UTILIZATION OF THE SHERIFF'S CRIMINAL JUSTICE TRAINING CENTER TO CONDUCT CRIMINAL JUSTICE TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to approve proposed Resolution No. R91-142 which was seconded by Commissioner Aguila. The motion carried 5-0. Proposed Resolution No. R91-143 Re: Agreement for Covenant Running With Land - Boynton Beach Boulevard Beautification Project Attorney Cherof read proposed Resolution No. R91-143 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT ENTITLED "COVENANT RUNNING WITH THE LAND" BETWEEN THE CITY OF BOYNTON BEACH AND PRIVATE PROPERTY OWNERS IN CONNECTION WITH THE LANDSCAPING IMPROVEMENTS PLANNED FOR BOYNTON BEACH BOULEVARD; .A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. ~ice Mayor Harmening moved to adopt proposed Resolution No. )1-143 which was seconded by Commissioner Matson. ,mmissioner Matson asked about 'the status of the beautification 'ect. Mr. Miller advised the City is going forward with the iroject. It will be scaled down. CRA money will be used. A taff report will be provided by Mr. Miller on September 19th. hemotion carried 5-0. Proposed Resolution No. R91-144 Re: Petition for the administrative review of Emergency Order %15 of the Federal Railroad Administration requiring the use of train borne audible warning devices (train horns and whistles) at railroad crossings Attorney Cherof read proposed Resolution No. R91-144 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE CITY OF HOLLYWOOD, FLORIDA IN ITS OPPOSITION TO THE EMERGENCY ORDER NO. 15 OF THE FEDERAL RAILROAD ADMINISTRATION; DIRECTING THE CITY CLERK TO PROVIDE 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA sEpTEMBER 3, 1991 A COPY OF THE RESOLUTION TO THE PROPER OFFICIALS AND DEPARTMENTS; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to approve proposed Resolotuin No. 91-144 which was seconded by Commissioner Aguila. The motion Carried 5-0. Mayor Weiner requested a copy of this Resolution go to the League of Cities and the Municipal League. Vice Mayor Harmening suggested this go to all cities along the coast the FEC touches in Palm Beach County, the two State Senators and Harry Johnston. r. Miller is also planning to send copies to six or seven U. S. representatives in South Florida. Proposed Resolution No. R91-145 Re: Service Agreement between Hi-Tech Assistance Corporation and the City of Boynton Beach for annual maintenance contract for Personal Computer/Printer Equipment Attorney Cherof read proposed Resolution No. R91-145 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HI-TECH ASSISTANCE CORP. TO ESTABLISH AN ANNUAL MAINTENANCE CONTRACT FOR PERSONAL COMPUTER/PRINTER EQUIPMENT, INCLUDING PREVENTATIVE AND UNSCHEDULED MAINTENANCE; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila questioned the difference between Item ~5 and Item 99 as listed on the agenda. Mike Munro explained the CPT equipment is the equipment used in the City Clerk's office and the City Manager's Office. Hi-Tech is the brand of the other PCs used throughout the City. Commissioner Aguila moved to approve proposed Resolution No. ~91-145 which was seconded by Vice Mayor Harmening. The motion :arried 5-0. e Proposed Resolution No. R91-146 Re: Agreement between Palm Beach Community College and the City of Boynton Beach to allow for paramedic students to ride with rescue units of the Boynton Beach Fire Department to provide clinical internship Attorney Cherof read Proposed Resolution No. R91-146 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE, FOR THE PURPOSE OF PROVIDING FOR THE EDUCATION AND TRAINING OF STUDENTS IN THE PARAMEDIC PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. ~ice Mayor Harmening moved to approve proposed Resolution No. R91-146. commissioner Matson seconded the motion which carried 5-0. 7. Proposed Resolution No. R91-147 Re: Abandonment of a 20' wide alley located at 1009 North Federal Highway Attorney Cherof read Proposed Resolution No. R91-147 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWENTY (20) FOOT WIDE ALLEY; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE'; AND FOR OTHER PURPOSES. Vice Mayor Harmening expressed concern in abandoning this alley Without having a utility easement in hand. Mr. Cutro stated Mr. Williams must get this easement prior to the City filing this. ~ice Mayor Harmening feels City staff will handle this correctly, but stated "heads will roll" if it is fouled up. ~ommissioner Aguila moved to approve proposed Resolution No. R91-147 with conditions. Vice Mayor Harmening seconded the motion which carried 5-0. 8. Proposed Resolution No. R91-131 Re: Acquisition of vacant land located at the SW corner of NW 10th Avenue & Seacrest Blvd. from Dow Ross for a passive park area Attorney Cherof read Proposed Resolution No. R91-131 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THE NECESSITY TO ACQUIRE BY VOLUNTARY CONVEYANCE AND FEE SIMPLE TITLE TO REAL PROPERTY, FROM THE RECORD TITLE OWNER, MR. CLAUDE D. ROSS, AND LOCATED AT NW 10TH AVENUE, ON THE WEST SIDE OF SEACREST BOULEVARD IN THE CITY OF BOYNTON BEACH, FLORIDA (THE PROPERTY) FOR PARK AND OTHER MUNICIPAL PURPOSES; APPROVING THE PURCHASE PRICE FOR THE PROPERTY IN THE AMOUNT OF $12,500.00; APPROVING THE DEVELOPMENT OF A PASSIVE PARK ON THE PROPERTY AT A COST NOT TO EXCEED $2,000.00; AUTHORIZING THE MAYOR AND CITY CLERK TO 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 EXECUTE NECESSARY DOCUMENTS AS PROVIDED FOR HEREINAFTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Weiner advised the Commissioners this Resolution requires a 6-1 vote because the appraisal is lower than the asking price. Vice Mayor Harmening pointed out that the last asking price was ~12,500 and it now appears as $14,000. Mr. Miller stated that ~he back-up memoranda is attached to provide a history. The price the City will pay will be $12,500. Commissioner Matson moved to approve proposed Resolution No. R91-131 at $12,500. Commissioner Artis seconded the motion. Commissioner Aguila asked to go on record that although he will SUpport this Resolution and feels good will come of it, the price is outrageous. The motion carried 5-0. e Proposed Resolution No. R91-148 Re: Agreement between CPT of South Florida, Inc. and City of Boynton Beach for annual maintenance on CPT equipment located in the City Clerk's Office and City Manager's Office Attorney Cherof read Proposed Resolution No. R91-148 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN SYSTEM MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CPT OF SOUTH FLORIDA, INC., A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila moved to approve proposed Resolution No.  91-148 which was seconded by Commissioner Matson. The motion arried 5-0. D. Other: 1. Finizio vs. Boynton Beach law suit - Update Attorney Cherof updated the Commission with regard to this ~itigation. The Circuit Court needs to take affirmative action to review the petition to find if the contents are sufficient and ~hen order the City to respond. The judge has not as yet made that determination. Some lawyers are looking at the case on behalf of the City. There was a petition for injunction filed by ~r. Finizio which, if granted, would prevent the City from hiring MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 a full-time City Engineer. Mr. Cherof advised the City can con- tinue its search for someone to fill this position at this time. OLD BUSINESS None NEW BUSINESS A. Items for discussion requested by Vice Mayor Edward Harmening Development Standards for service stations, gasoline sales and convenience stores Vice Mayor Harmening discussed a possible solution to a service station which is intended to be constructed at Hypoluxo Road. He also discussed the proposed Ordinance which was rough drafted by the Planning Department which limits the number of service sta- tions to be constructed in the City and other restrictions. He suggested the Planning Department's ordinance be reviewed and considered in an attempt to avoid litigation with an operator who has been trying to put a station at 15th and Woolbright. Commissioner Aguila had a few comments regarding setbacks and the buffers. He specifically pointed out Item 2(a). He feels the minimum should be 5' and under Item 2(b), the buffer should be 6' instead of 5'. Vice Mayor Harmening felt that, at times, the 6' high buffer wall becomes aesthetically unpleasing. Commissioner Aguila also discussed Item 2(1). Since this deals With openings with gates, he feels the neighbor should have input With regard to this item. ~ommissioner Matson was assured the 1,000' separation will remain the same. She pointed out that two items went before the Board Of Adjustment which are on arterial roads. She clarified with Mr. Cherof that the only venue available after going before the Board of Adjustment and they are denied a variance, is to go to he Court of Appeals. She is concerned the two would be grandfathered in". Attorney Cherof advised there will be no ~ctlon on the two appeals. Commissioner Matson questioned the purpose of the Board of Adjustment if their power would be negated. She also discussed a meeting with Chuck DeSanti, a developer representing Lennar. He mentioned to Commissioner Matson that he and other developers worked very hard on this particular ordi- nance. She also produced a FAX from RJ Development which was Sent to Mr. Cutro saying here's help with your 175' argument. He 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 offered further assistance if necessary. Commissioner Matson felt this was improper and Planning staff should not be working on City Ordinances with developers who do not live in this City. These Ordinances can then be used against residents. She is against this City turning into another Oakland Park, Pompano or Fort Lauderdale. She stated she wants this to stop and wants something done about it. Maurice Rosenstock, 1 Villa Lane, spoke as Chairman of the Planning & zoning Board. He advised the Commission that this issue has come before the Planning & Zoning Board on at least four occasions. He was surprised City Manager Miller has not requested Mr. Cutro to draft such an Ordinance prior to this. He explained how the P&Z Board has discussed the amount of fron- tage and it was decided it should be 240'. There are currently twenty-five gas stations in Boynton Beach. There should be a limit set on the number of gas stations here. Based on Mr. Cutro's count, there would be an additional five or six gas sta- tions in Boynton Beach. The Commission must decide what the City Will look like and if there are to be additional gas stations, Where should they be, and promulgate an Ordinance that will not conflict with anything else and not promulgate lawsuits. Ralph Marchese, 1901 SW Roma Way, addressed most of his remarks to City Manager Miller in questioning the right of Mr. Cutro speaking with the press. He accused Mr. Cutro of addressing the press and informing them of items which would be presented to the Commission. He told Mr. Cutro his job is to protect the City and its citizens. He stated we don't need anyone working for the City Who will "put more nails in our coffin". We have an Ordinance. If it needs restudy, it is the City Manager's job to inform the Commission, not the newspapers. Vice Mayor Harmening pointed out there is one situation where the City does not need to get involved in litigation. He does not Want to see any more gas stations, but he also does not believe the City will win in this particular instance. He is not against a lawsuit if the City will win. °n Washam, 112 S. Atlantic Drive, serves on the North Boynton each Task Force. In his opinion, there are enough gas stations in Boynton Beach now and he feels more stations would detract from the City's image. George Christie, 4 Kyle Way, spoke as Director of the Association at Boynton Lakes North. In December, 1990, a petition was sub- mitted by Boynton Lakes and Boynton Lakes North with regard to the stores and gas station to be built at the corner of Congress Avenue and Hypoluxo Road. They gathered 1,000 signatures within a two-day period which stated the residents did not want a gas Station built in that area. The stores were approved but the gas Station was disapproved. The people are now upset because this 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 is an issue again. They are concerned the run off will enter their canals and lakes which are cross-connected. They have heard rumors that the lakes are holding ponds and run-off ponds. The buyers were told, at the time of purchase, these were recreational lakes. They paid from $5,000 to $10,000 extra for a Lake view. These neighborhoods are irrigated from the lakes. Boynton Lakes Boulevard is also irrigated from these lakes. The ~raffic at this intersection is also a problem. The residents do not want a gas station at this location. The residents will do Whatever it takes to avoid a "gasoline alley". Henrietta Solomon, 230 NE 26th Avenue, spoke as a member of the ~ard of Adjustment. She stated the two gas stations which Were denied variances were denied strictly because of the 1,000' rule. The Board of Adjustment upheld the Code of the City. She uestioned if this new Ordinance is passed would the applicant ave the right to return to the Board of Adjustment and would they have to change their decision. Vice Mayor Harmening said no He pointed out there are probably about nine locations left ~n the City where stations could be built; however, that number Could grow if the City annexes to the west. !n response to a question posed by Commissioner Matson, Attorney Cherof explained the purpose of the Commission is to establish ~ules and regulations that reflect the intent of the community. ~ayor Weiner advised this matter will come up later in the agenda Under "New Business, Item C". Mr. Cutro stated when this was originally proposed, 240' was a ~ecommendation by the Planning & Zoning Board. Planning stopped ~orking on the Ordinance and it went by the wayside. During the last Planning & Zoning Board meeting, it was requested this be brought forward to the Commission as a potential text change to Section L of Appendix A which deals with gas stations. The text Change would be from 175' to 240'. He explained that the 1,000' ~equirement is not being changed by the 240'. The 240' is the amount of frontage on a corner. It is presently 175'. ~ynthia Greenhouse, 618 NE 20th Lane, spoke as a member of the ~lanning & Zoning Board. She explained this came up at least six onths ago. She claimed Planning & Zoning experienced a tremen- dous r~sistance from staff in presenting the 240' frontage. . There is a conflect in the Code. She explained how the 240' is , . f ~rr~ved at. She eels this never came back because it is a large ~mount of frontage and it would bump out a large group of develo- pers. The Planning & Zoning Board unanimously recommended it. Commissioner Aguila mentioned he was at the Planning & Zoning Board meeting when this issue came up regarding the 240' and he feels the question should be whether a 1.3 acre site is feasible for a station. He needs more information on this subject. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Mayor Weiner asked if the Commission wants Mr. Cherof to draw up a new Ordinance reflecting the concerns of the Commission. Commissioner Aguila asked Mr. Cutro to clarify from what point frontage is being measured. Mr. Cutro explained Section L is an Overlay Ordinance. It addresses service stations in overlay fashion. He feels 45' overrides the 180'. The bottom line is What is the proper distance to set back a driveway if you con- ~inue to treat it as an overlay. Should they be treated as a Separate use, do you continue the overlay or do you separate them Out and go by the parking Code and landscaping Code. Maurice Rosenstock stated that Attorney Cherof would have a task he cannot perform if asked to draft an Ordinance not based on pecific definitions of what is required. He suggested the lanning & Zoning Board and Mr. Cutro could prepare diagrams and explanations as to how the decision was made. They will pre- Sent this at the next Commission meeting and the Commission can decide to accept, reject or change it. Mr. Cutro stated he will not be able to get all of this together before the September 19th eeting. He could get this together for the October Planning & oning meeting and then forward it to the Commission after that. Mr. Rosenstock further stated that the way some of the Ordinances are written leaves the City open to additional lawsuits. He Suggests a complete review of all of the Ordinances to eliminate the conflicts. Commissioner Matson wanted a consensus that the 1,000' separation an stand. Attorney Cherof said the 1,000' distance was based on studies which were done. It was a number that bore relationship %0 health, safety and welfare issues. There has been an evolu- %ion in construction and development. The proper way to handle %his would be to have the Planning Department study whether this still viable today; however, the 1,000' separation is the law at this time and it is subject to challenge. Commissioner Matson would like the study done, but does not want ~he developers to help in the study. Mayor Weiner reinforced that only the Commission, the City Attorney and the Planning Department are permitted to work on such a study. ~r. Cutro explained this situation goes back to November of 1990. ge presented a possible change to the 1,000' rule to the Planning & Zoning Board. One of the consultants at the meeting suggested the City look in another direction. Planning & Zoning endorsed Changing it to a development-standards type ordinance which went to the City Commission at that time who also agreed with the development-standards type ordinance. The proposed ordinance was Written by staff. Research was done. The developers felt a 240' frontage was not acceptable. They were asked to write it down and it became part of the backup. The project was put on the 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 back burner in order to perform other duties. The only input given by the developers was the original idea. The Planning Department expanded on that idea. Developers call weekly to check on the status. Their questions are answered. Mr. Cutro stated he and Mr. DeSanti have never had a conversation regarding this issue. Vice Mayor Harmening stated that he was only referring to one service station at 15th and Woolbright. He claims to have very seldom gone on record to defend staff; however, it is seldom we come up with "new" ideas. We generally consult history and what is currently going on for ideas. He had no objection with staff inquiring as to standards in the industry. We call many cities ~or input and they call us in return. It is his feeling that the City should be able to control its own destiny. Ralph Marchese, 1901 SW Roma Way, stated that reviewing ordinan- Ces is a daily job. The law is quite specific; a 1,000' separa- tion. The law needs to be upheld. If a Change is necessary, then do it, but don't "dump" it down the drain. ~arty Perry, 400 Australian Avenue, West Palm Beach, suggested the current ordinance of 1,000' allows for twenty gas stations without any major concern at all. It is possible solutions can be found if the ordinance is reviewed. It is good to put all ideas together and come up with a reasonable response. He requested the process be started. Motion Commissioner Aguila moved to have Mr. Cutro and the Planning Department staff, with Attorney Cherof's assistance, come up with a "white paper" which will include a series of ordinances including what is presently in place. This will be presented to the Planning & Zoning Board for their review and recommendation. The "white paper" and the Planning & Zoning Board's recommen- dation will be presented at the second City Commission meeting in October for Commission review and direction to Attorney Cherof to write the Ordinance. Commissioner Matson seconded the motion Which carried 5-0. B. Items for discussion requested by Commissioner Jose Aguila 1. New/Used Auto/Truck/Boat/RV dealerships in Boynton Beach Commissioner Aguila questioned how the Commission feels about these dealerships in Boynton Beach. In his opinion, done pro- perly and enforced, he is in favor of all of these uses in Boynton Beach. Commissioner Matson would not like to see any of these uses in Boynton Beach. Commissioner Artis feels if they can be main- tained, she would agree to the uses in Boynton Beach. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Vice Mayor Harmening is in favor of all of these uses, but agrees regulations are needed to maintain a reasonable appearance. Mayor Weiner is not in favor of any of these uses. In response to a question by Commissioner Artis, City Manager Miller stated Code Enforcement will cite 'these businesses but they cannot be closed down unless they are taken into court. Commissioner Aguila pointed out that he had read the minutes of prior meetings regarding Williams Auto Sales conditional use. He felt this was a person trying to do something nice in an area which needs something nice, but our concern was with what will happen when he sells. The City spends a lot of time claiming to be pro-business and pro-development, but we do everything to pre- Vent someone from doing something nice. Commissioner Aguila feels it is the Commission's responsibility to decide whether or not we want these uses in Boynton Beach, and'if not, they should be removed from the conditional use category so as not to deal with this in the future. If it is decided the uses are appropriate, a decision should be made as to where the City wants them. He asked the Commission for a consensus on appropriate Uses and where the uses are appropriate either by zoning classi- fication or areas of town. Vice Mayor Harmening pointed out that traditionally many of these uses have been along U.S. 1; however, many stations along U.S. 1 are closing. He wasn't sure a dealership would want to open on U.S. 1. Also, it was decided years ago that the C-4 zoning was ideal for such uses. Cynthia Greenhouse spoke with the homeowners' association at ~atersedge which is located east of Federal Highway. She also Spoke with Bill Pike and Lloyd Powell who owns a business along Federal Highway. She has received no favorable comments regarding a used car lot along Federal Highway. A large block of residents are affected in this corridor. Used car lots do not beautify the City. The residents don't want them nor do the ~urrounding businesses surrounding them want them. She suggested ~he idea of~ eliminating C-4 zoning from Federal Highway be addressed in an attempt to keep these uses out of that area. Vice Mayor Harmening pointed out that Alpine Florist looked ten ~imes better when it was owned by La Montagne than it does today 6wned by Mr. Powell; however, Mr. Powell objects to these uses around his business. Andy Williams, 126 SW 10th Avenue, disagreed with some of the Comments made. He was denied a proposed boutique-type used car lot. He continued to discuss the type of business he wished to establish on Federal Highway. He pointed out that only three 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 businesses along Federal Highway conformed to the coastal-type motif. He claimed to have conformed to every condition. He spent a great deal of time and money to comply. At this point, Mayor Weiner explained that this case was already heard and decided on. Mr. Williams stated he would like the case reheard and was informed by Mayor Weiner that was impossible since there was no prevailing side. Under Robert's Rules of Order, only someone on the prevailing side can bring it back for reconsideration. The vote was 2-2. Attorney Cherof clarified ~hat someone who did not vote on the losing side can bring it up. Commissioner Aguila was not prepared to do that. in returning to the previous discussion, Commissioner Aguila pointed out that he did not want these uses on Federal Highway, Boynton Beach Boulevard or NW 22nd Avenue. Keeping this in mind, then where should they be allowed? 9avid Floering, 2616 NE 23rd Street, pointed out that with the ~ew 1-95 exit at NW 22nd, dealerships may want to come into Boynton Beach. Ford is currently studying whether or not the area will warrant dealerships. Boynton Beach is prime for that. ~rina Haberman, 712 NE 20th Lane, spoke about a petition she ~or~ with for the beautification of Boynton Beach Boulevard and %he north end of Federal Highway. 500 signatures were obtained. At that time, she counted thirteen businesses from the C-16 Canal to Boynton Beach Boulevard. They were all car lots or auto- related businesses. The remaining business are not well main- rained. She suggested care be taken in opening the door to more of the same. Commissioner Artis pointed out that many people starting a busi- ness do not have $750 to put down the drain. If these uses will ~ot be allowed, it should be stated. Vice Mayor Harmening and Commissioner Matson suggested eliminating C-4 zoning along Federal Highway. Commissioner Aguila suggested adjusting the Code and taking used cars out of C-4. ~ayor Weiner clarified there was general consensus to eliminate ¢-4 from Federal Highway. Mr. Cutro stated a change such as this will have to go back to the Planning & Zoning Board. Commissioner Matson moved to direct staff to look into phasing ut C-4 zoning along Federal Highway and eliminating used cars rom C-4 zoning. Vice Mayor Harmening seconded the motion which Carried 5-0. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Service Station Frontage requirements - Planning and Zoning Board Recommendation This item was handled during the discussion regarding Item "A" above. De Intergovernmental forum to discuss municipal services and issues facing South Palm Beach County - Cities of Delray Beach, Boca Raton, Boynton Beach City Manager Miller reported his office received a call from Tom Lynch, Mayor of Delray Beach who is proposing a meeting among Delray Beach, Boca Raton and Boynton Beach to discuss similar problems these cities would encounter. There was general consen- sus that this meeting be arranged. Be Discussion on the proposed Charter revisions to Article VII - Countywide Planning Council as submitted by Palm Beach County for a March 10, 1992 Referendum Mr. Cutro explained the County Commission wants to remove the League of Cities from appointing people to the Countywide Planning Council. They will make all of the appointments by District. Only the two largest cities will have representatives On the Planning Council. That would eliminate Boynton Beach. Some of the wording changes expanding the authority of the County Will give the County the ability to force the city to change the Comprehensive Plan and override existing adopted plans. The ~harter has procedures in place. A referendum is necessary to Change the Charter. Procedures should never be placed in the Charter. The County will tell us what to do, and we will have to ay for it~ The referendum language is extremely vague. Mr. utro does not feel this is what the cities want. At a recent meeting, it was obvious the cities want to eliminate the County from reviewing any land use plan. He recommends strong opposi- tion to this. He sees the death of cities in this. Vice Mayor ~armening was in agreement. Mayor Weiner explained that $25,000 Was spent in legal fees to come to an agreement with the County and it has disappeared. Mr. cutro and Commissioner Aguila will attend special meetings Which will be held soon. Fe Review of the proposed amendment to Chapter 19 of the City Code reference the new site plan review process and procedure Mr. Cutro explained this is now Chapter 4 in the Site Plan Review. This will replace two sections of the existing Code Which deal with review of plans for the downtown and also regular Site plan. The process is being reversed. Instead of having rec- tification happen after the City Commission review, it will be before the Commission review. It will be turned in to staff, staff will supply comments, the plans will be redrawn and resub- mitted, staff will look at it again, forward it to Planning & 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Zoning and then to City Commission. process. It is a cleaner, simpler Vice Mayor Harmening requested a better definition of substantial compliance. Mr, Cutro stating work is being done on that and a list of examples will be submitted to the Commission to be used as a guide. Planning will report to the Commission on a monthly basis including any waivers. He admitted this is a big change for the City, but changes are necessary. He pointed out that development review codes are also included. He will bring this back at the next City Commission meeting. The Commissioners were asked to call CitY Manager Miller with any suggestions or Changes. G- Advance Radio Communication of Florida City Manager Miller reported that Advance Radio Communication of Florida, Inc. has requested authorization from FCC to operate on frequencies which are part of the 90-channel wide area system. They will infringe on Boynton Beach's frequency pairs. He Suggests we object strenuously to considering granting any of these channels to Advance Radio that will conflict with Boynton Beach's channels. Our frequencies pertain specifically to life, health and safety of the community and we cannot communicate pro- Perly if another agency is involved. Vice Mayor Harmening moved to notify our U.S. Representatives of ur objection to granting Advance Radio Communication of Florida, nc. any of the channels which will infringe on our frequency Pairs. Language should be strong enough so that there will be no misinterpretation. Commissioner Aguila seconded the motion which Carried 5-0. CITY I~NAGER'S REPORT ~'one DMINISTRATIVE A. City Board Appointments: ppointment A To Be i Made Board armening tson iner Reg/ Length of Term Alt. Expiration Date Community Relations Bd. Alt Code Enforcement Bd. Reg Code Enforcement Bd. Reg 1 yr term to 4/92 TABLED 3 yr term to 9/94 TABLED 3 yr term to 9/94 TABLED Vice Mayor Harmening requested the appointment to the Community Relations Board remain on the TABLE. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Commissioner Matson reappointed Art Matthews as a Regular Member of the Code Enforcement Board. Mayor Weiner reappointed Jeff Whyte as a Regular Member. of the Code Enforcement Board. B. Palm Beach County Municipal League Report Mayor Weiner advised the Commission that the membership fee for the Municipal League has been raised from $4,000 to $7,500. She voted against the increase. A decision can be made to drop out of the Municipal League, but she does not suggest Boynton Beach do that. They do a lot for the City. They spent a great deal of time working on the Countywide Planning Council. They have halved the school crossing guards which were going to be cut from 100% payment by the County to zero payment by the County in one year and it was changed to three years. We saved money in that area. Mayor Weiner recommended staying with them. Vice Mayor Harmening added two reasons for the increase: 1) they now have a Staff Director; and 2) they are contemplating some additional fighting with the County Commission which will entail expense and considering what the County can cost us, this amount becomes minor as compared to what it could cost us if we lose. He agrees with Mayor Weiner. Vice Mayor Harmening moved to pay the fee of $7,500 for mem- bership in the Municipal League. Commissioner Aguila seconded the motion which carried 5-0. Commissioner Aguila will attend the next Municipal League meeting which is held on the fourth Wednesday of the month. CONSENT AGENDA A. Minutes Regular City Commission Meeting Minutes of August 20, 1991 Commissioner Matson requested Page 3 reflect that because of illness, she asked Commissioner Artis to read a letter. Commissioner Matson requested Page 25 of the minutes reflect the fact that she left the meeting early due to illness. Be Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget No ne. C. Printing quotation for 75,000 Golf Course Score Cards The Tabulation Committee recommended awarding the printing quote to Burco International, Asheville, N.C., in the amount of $2,400.75. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1991 Request approval to transfer title of a 1984 Fire vehicle (#822) to Fire Academy at South Technical Education Center to be utilized as a training vehicle This transfer is outlined in W. M. Gulbrandsen's Memorandum ~91-661 to the City Manager and Fire Chief. Commissioner Aguila was advised that Boynton Beach logo will be removed. We will have first access to that vehicle. Ee Request for disinterment Lot 150B, Block R, Boynton Beach Memorial Park The request for disinterment of Karen $1attery is outlined in the City Clerk's Memorandum ~91-117 to the City Manager. F. Approval of Bills The list of bills is attached to the original copy of these minu- tes on file in the City Clerk's office. This will include the amended amount of $175,175.46 for CH2M ~ill. A motion was made and seconded to approve the Consent Agenda. The motion carried 5-0 OTHER None ADJOURNMENT There being no further business, the meeting properly adjourned at 10:55 p.m. CITY OF BOYNTON BEACH ATTEST: Clt~ Clerk ~ecording Secretary (Four Tapes) ~)~missioner ' ) ~C0mmis s i6ner 27 Ed Allen Teresa Alvord Brenda Anderson Auto Security People Inc. Daniel Bell Steve Berman Susan Berman Jim Bonomini Brown Distributing g,.~ C.K.'s Lockshop Stanley Cale Canine Counseling Joe Caudillo Children's Home Society of Fla. Citizens for Auto Theft RespOnsibility Code Corrie Charlie Crawford Jack DeLoach Sam DeLong Sam Dillingham Russell DuPlantis &e; I fo l-tz. F.E.C. Railroad/~J~ Florida Game & Freshwater Fish Commission Florida Marine Patrol Dennis Flushing Fraternal Order of Police/ ! Nancy Gabree Lucy Gooden Dale Hammack Matt Hayes Tom Heron Tim Hill Audrey Hollien Raleigh Jenkins Henry Kamiya Scott Laakso Grant Lanier Norma Lesko Louis LeVenton Mark Lewis Lifeline - Bethesda Plus// Rick Limauro LOJA CK3,qc~,~¥.~ t u;~t John Lobsinger Douglas Madigan David Maharrey Hugh McCaffrey Dorothy Moore Eva Neison Palm Beach County Animal Care & Control/.~,~,~t ;,ha t4o~e-¥ Palm Beach County Consumer Affairs/~at p~vm-~.q Ron Panucci John Peters Pm Potter Don Powell Tony ~ncipe Joel Reckner Eileen Reynolds C~los Reyes Angel Rivera Rollins Protective Fr~ Sceblo George Sceblo Chris Shelton Rose Marie Swietlikowski I Lee Thompson Beth Tinker U.S. Coast Guard Auxiliary WFLX Channel 29~o15 (~o~sm ad Kent Walker Kay Welsh Chris Yannuzzi 10. COMMISSION AGENDA Septen~ber 3, 1991 SEP 3 ]991 APPROVAL ABLE LAWN SERVICE, INC. 2 Bobcat Mowers for Parks Dept. Pay from General Fund---O01-722-5-6~1-00 1,350.00 ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay.from Water & Sewer Rev---~01-332-5-365-00 18,183.56 BOARD OF COLINTY COMMISSI,~NERS PARKS & RECREATIO~ DEPT. Annual disposal fee for Fiscal Year 1991 for Golf Course sanitation services. Pay from Sanitation Fund---~31-3~l-5-~90-01 CH2M HILL Task orders per' attached breakdown for period 5/25/91 thru 6/2~/91 - $61,391.~6 and period 6/25/91 thru 7/2~/91 $113,78a,00. Pay from Util.Cap. Improve.---~0~-000-0-690-10 175,175,~6 COMP~JADD I PC Compuadd Computer' for Utilities Administration. Pay from Water & Sewer' Rev---a01-361-5-670-02 Palm Beach County School Boar'd Bid #SB-gOC-219L 1,910,25 DAVIS WATER & WASTE INDUSTRIES, INC. Blanket P.O. #85970 - Air Scrubber' rental for Odor Control Program. Pay from Water & Sewer' Rev---b01-352-5-~99-O0 3,000,00 FLORIDA SERVZCE ENGINEERS, INC, 1 Master Control Board including installation and alignment for Utility Pumping Station. Pay from Water' & Sewer Rev---~01-352-5-~99-O0 1,800.00 GAMETIME Playground equipment for' Recr'eation Dept. Pay from General Fund---O01-000-1-~70-02 "Bid #SB 91C-216V 2,168,56 GEE & JENSCf4, ENGINEERS, ARCHITECTS, PL~4NERS, INC. Blanket P.O. #8632~ - New Recreation Center' - Inv.30793 for' period 6/29/91 thru 7/26/91. Pay from Public Svs. Tax Constr.---301-721-5-~63-05 Commission approved 12/~/90 11,580.55 GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional and engineering services for various projects. Pay from Water & Sewer Rev---~01-392-5-~62-O0 5,320.62 11. GONSMAN INTERIORS Needed Window Treatments to complete construction at the Police Pistol Range classroom office areas. Pay from Capital Improve. Fund---302-223-5-640-23 "Best of 3 quotes" 1,437.00 12. HESCO SALES, INC. 2 RO-40 Closed Recycling Containers for Sanitation Fund. Pay from Sanitation Fund---431-341-5-680-11 6,874.00 13. LANTANA PEAT & SOIL Blanket P.O. #85984 - Partial payment Top Dressing Fore Greens & Tees for Golf Course. Pay from Golf Course Fund---411-726-5-346-00 1,150.00 14. MARIO FERAZZOLI & SON INC. Labor and material to remove floor covering from West Wing Hall and install Crossville Porcelain Tile. Pay from Public Svs.Tax Constr.---301-194-5-634-04 "Best of 3 written quotes" 2,975.00 15. MCDONALD DISTRIBt~ORS, INC. Balance of payment P.O. #86992 for materials to be used to construct replacement electrical panels Lift Stations. Pay from W. & S. Utility Rev---421-000-0-691-21 $9725.32 Pay from W. & S. Rev ~401-352-5-345-00 2974.68 Commission approved bid #003-401-91 12,700.00 16. MOTOROLA INC. 1 Motorola Smartnet 3-Watt Portable Radio and 1 Shoulder MIC for Subfleets A,B,C,D,E & F to match existing equip- ment for Police Dept. Pay from Self Insurance Fund---622-195-5-440-01 2,275.00 17. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT Payment #2 for National Polutant Discharge Elimination System(NPDES) - Permit application to Federal EPA. Pay from Utility Capital Improve.---404-000-0-691-10 3,550.00 18. PEROXIDATION SYSTEMS INC. Blanket P.O. #88411 - Partial payment 50% Hydrogen Peroxide Solution used for Corrosion and Odor Control Program for Utility tk~ping Stations. Pay from Water & Sewer Rev---401-352-5-365-O0 29,051.10 19. SCE, INC. Odor Abatement System - Aerattion Covers, Effluent Pump- ing Station Expansion and Electrical Building Project. Additional amount due payment #11 - math error. Pay from 1985 Constr. Fund---409-000-0-691-20 30,000.01 COMMISSION SEP 3 199! APPROVAL 20. 21. SERVICE MASTER FOOD MANAGEMENT Summer Food Program @ Wilson Center. Pay from General Fund---001-000-0-158-90 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for treatment and disposal of wastewater for July, 1991. Pay from Water & Sewer Rev---401-353-5-490-09 22. T~E LAWN MAINTENANCE Blanket P.O. #87740 - Payment #4 - Landscape maintenance services in accordance with bid specifications. Pay from General Fund---001-722-5-430-15 Per bid 3/20/91, Commission approved 4/16/91 23. THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY Employee Assistance Program - August & September, 1991. Pay from General Fund---001-135-5-482-O0 24. 25. UNDERGROI~D INDUSTRIES, INC. Blanket P.O. #87090 - Payment #1 - Raw Water Main from Wells 4W - llW per bid specifications. Pay from 1985 Constr. Fund---409-000-0-690-10 Per bid 2/24/91, Commission approved 3/5/91 ELKINS CONSTRUCTORS, INC. Blanket P.O. #84255 - Est. #14 - Improvements to B.B.East Water Treatment Plant for period 7/16/91 to 8/15/91. Pay from Utility Cap. Improve.---404-000-0-690-10 Per bid 4/3/90, Commission approved 4/17/90 2,477.95 127,998.87 5,490.00 2,406.70 38,769.30 113,192.59 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gra~ Directo~ I therefore recommend payment of these bills. Scott Miller, City Manager COMMISSION SI~P 3 ]99] APPROVAL CH2 M HILL Inv#07-411 Inv#07-412 Inv#07-430 Inv#07-481 $ 2,222.98 Professional engineering services for design, services during construction and testing of an Aquifer Storage Recovery Test Facility $ 33,922.86 T.O. 13 Professional services for the design and construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant $ 8,937.42 T.O. 10E Professional engineering services during the bidding and construction of improvements to the Boynton Beach East Water Treatment Plant $ 16,308.20 T.O. 10F Professional engineering services for the design of the East Water Treatment Plant Improvements Total $ 61,391.46 Above Invoices for the Period of 05/25/91 thru 06/24/91 COMMISSION SEP ~ ]991 APPROVAL CH2M HILL Inv#08-413 Inv#08-415 Inv#08-439 Inv#08-453 Inv#08-464 $ 31,867.27 T.O. 13 Professional services for the design and construction of the Deep I~jection Well Disposal System for reject waters from the West Water Treatment Plant $ 6,264.76 Professional engineering services for design, services during construction and testing of an Aquifer Storage Recovery Test Facility $ 11,490.98 T.O. 10E Professional engineering services during the bidding and construction of improvements to the Boynton Beach East Water Treatment Plant $ 28,183.46 T.O. 10F Professional engineering services for the design of the East Water Treatment Plant Improvements $ 35,977.53 T.O. 8E Professional engineering services for work in support of the construction of the membrane softening West Water Treatment Plant Total $113,784.00 Above Invoices for the Period of 06/25/91 thru 07/24/91 COMMISSION -SEP 8 ]99.1 APPROVAL