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Minutes 08-20-91MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 20, 1991 AT 7:00 P.M. PRESENT ~rline Weiner, Mayor Edward Harmening, Vice Mayor ~illian Artis, Commissioner ~ynne MaSson, Commissioner James Cherof, City Attorney J. Scott Miller, City Manager Sue Kruse, City Clerk BSENT ~ose Aguila (excused) CALL MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE TO ORDER, ayor Weiner called the meeting to order at 7:00 p.m. After a oment of silent pra'yer, the Pledge of Allegiance to the Flag was ed by Mayor Weiner. AGENDA APPROVAL: . Additions, Deletions, Corrections 2ity Manager Miller added to Approval of Bills, Item XI-H, ~onsent Agenda. This is the Solid Waste Authority bill for the nonth of July in the amount of $132,566.29. ~ayor Weiner added an item under VIII-New Business, I'tem A-4. Phis will be a report on the Ridgewood Hills Drug Rally. Adoption Vice Mayor Harmening moved to adopt the agenda with additions. the motion was seconded by Commissioner Matson and carried 4-0. .%NNOUNCEMENTS Proclamation a. Month of September, 1991 as Sickle Cell Month ~ayor Weiner read a Proclamation naming September, 1991 as ~ell Month. Sickle Second City Commission meeting in September will be held on Thursday, September 19, 1991 at 7:00 p.m. This change was made because the Jewish holiday coincides with the regular meeting day. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 PRESENTATIONS !- Certificate of Commendation to Sgt. Marlon Harris City Manager Miller asked Jim Ness, Emergency Medical Service Coordinator, to explain the background of this situation. He explained that a great deal of time goes towards aiding and com- forting the citizens of Boynton Beach, but sometimes, a major difference is made. On August 6th, an eight-month old infant was successfully resuscitated from a drowning in a family pool. Sgt. Harris was  ispatched and found the child in cardiac arrest, secondary to rowning in the pool. He began CPR immediately. He continued outh-to-mouth resuscitation even though the child continued to omit~ When Fire and Rescue units arrived, they took over the ~esuscitation until a back-up Rescue unit arrived. Upon arrival at the hospital, the child was breathing on her own. She was discharged from the hospital the next day with no ill effects. This life was saved through the combined efforts of three ~eparate departments. Sgt. Harris, the Fire and Rescue personnel were commended. City Manager Miller and Mayor Weiner presented a Certificate of Commendation to Sgt. Marlon Harris for professionalism, dedica- tion and heroism in saving the life of a child. Sgt. Harris thanked Jim Ness for his back-up work. City Manager Miller also recognized Ed Hermann, Jose Alfonso, Jeff Kenbaucher, Gill Rahrig, Ed Esteves, Bob Sears, Capt. Bob Brown and Jim Ness. 2- Ocean Ridge Garden Club for contributing to the beautifica- tion of the south end of Oceanfront Park Mayor weiner recognized the Ocean Ridge Garden Club for their ~ontribution to the beautification of the south end of Oceanfront park by planting sixty-five shrubs. Specifically mentioned were: Charlotte Karl, President, Gloria Gregory, Vice President, Annabel McKeever, Treasurer and Wanda Phillips, Member. B~'DS None 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 pUBLIC HEARING PROJECT NAME: APPLICANT: OWNER: LOCATION: DESCRIPTION: Williams Auto Sales None Horace A. Williams 1009 N. Federal Hwy.; approximately 108' south of the southwest corner of N. Federal Hwy. & NE 10th Ave. CONDITIONAl USE: Request for con- ditional use-approval to allow for the establishment of a used car lot. 4r. Cutro stated staff recommended approval of the conditional ]se to the Planning & Zoning Board; however, the PZB unanimously recommends denial of the request. 4r. Andy Williams, 126 SW 10th Avenue, Boynton Beach, spoke on lis own behalf. He has been working with staff for months in an ~ttempt to conform with every conditional use. He plans a small, tow-key operation. He has spent a considerable amount of money. {e has watched the neighborhood decline and would like to stop ~hat from happening. He has already cleaned up the area. His )usiness will be an attractive, low-profile used car lot. No ~epairs will be done on the premises. Repairs will be done locally at shops in Boynton Beach. He is interested in clean, :etail sales only. He expressed his concern that local residents must go to Delray and Lake Worth to purchase an auto. ~AYOR WEINER OPENED THE PUBLIC HEARING. ommissioner Matson asked Commissioner Artis to read a letter * nto the record from Don Faron of 602 N.E. 20th Lane, Boynton ~, Florida. The ~~ition of the resi- 9ents-~-~-~-~tersedge Community to the used car lot at this location. The Commission was urged to support the Watersedge Community by voting not to approve the application. (The letter Ss on file in the ci~yLclerk's Office with the original copy of %he minutes.) ~ommissioner Artis questioned whether there is any way to assure ~hat Code Enforcement could enforce not changing oil and making ~epairs on this particular lot. Mr. Cutro explained if the City lommission chooses to approve this application, a separate motion s needed approving a license. Conditions can be attached to ~hat license. ~ommissioner Artis wondered what would happen to the property if Mr. Williams chooses, in the future, not to continue. Mr. Miller 9xplained the conditional use will be lost. He further stated his is a conditional use for a use only, not for ownership. Mr. Williams could sell this lot to another individual and as long as *Due to illness, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 it is operated in the same manner, there would be no problem. However, if the operation ceases for a period of six months or more, the conditional use will be lost. Mr. Cutro explained that the conditional uses placed on the license would also transfer With the license. Commissioner Matson made mention of the fact that at the last Commission meeting, Commissioner Aguila brought up the subject of C-4 zoning along Federal Highway. She remembered staff being directed to look into drawing up an Ordinance to eliminate this type of use in C-4 zoning. City Attorney Cherof explained that there having been a vote of the Commission not to impose the zoning in progress Ordinance or restriction, the Commission is obliged to consider Mr. Williams' application. Mr. Williams again approached the podium to explain that he acquired the property approximately five months ago. He had no idea it would be so difficult to open his business. He has agreed to meet every condition. He doesn't plan to do repairs at ~he location, but that can be a condition placed on the use. He doesn't intend to sell this business. He plans to grow and even- tually retire. He is willing to meet every condition and spend his life savings on this business. He has gone through every step personally. He has presented his case honestly. He is .neeting a conditional use. He bought a book and has read it over and over again. The book says this can be done and he does not understand why anyone would want to stop it. This will be a lifetime investment for him. He questioned why he should have to ight to go into business to make a living. He stated that the ~sed car business is a tough business and has a bad reputation. He wants a chance to operate this business. He explained that it nas gotten very expensive just to get the doors open. ~"ynthia Greenhouse, 618 N.E. 20th Lane, spoke as a member of the Planning & Zoning Board and a resident living in the immediate rea. She explained that in determining whether or not to ~pprove this conditional use, the Planning & Zoning Board con- sidered all of the facts that the City Attorney pointed out in rendering a decision. After careful consideration, they deter- mined unanimously this is not the use they want to see continued on Federal Highway. She stated that it is a conditional use because the City thinks it may have a negative impact on the surrounding residences. She claimed that if a business ceases to operate for over six months at this location, it looses its sta- tus of being able to be a used car lot at that location. Any purchaser would be aware of that. She claimed to have no quarrel With Mr. Williams and believes he intends to have a beautiful bperation; however, there is nothing the Commission can do to prevent him from selling the business to anyone in the future. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 She pointed out past experiences with car shops on Federal. She feels many of the businesses are beginning to look quite attrac- tive in the area and asked the Commission to support the resi- dents in denying this application. City Attorney Cherof corrected Ms. Greenhouse by stating that a conditional use is not a use that the City has designated as one of the uses they want to phase out. A conditional use is one which is permissible provided there are certain conditions applied to it to control the situation. Vice Mayor Harmening moved to APPROVE the conditional use. Vice Mayor Harmening explained that many people cannot afford to buy new cars. He feels business would be quite good for a used Car dealer. Mr. Williams has convinced him he will run a clean Operation and deserves a chance. He also feels U.S. 1 can stand, and has in Lantana, Lake Worth and Delray Beach, many automobile ~ealerships, both new and used. ~ommissioner Artis seconded the motion which carried 2-2. The notion FAILED. (Mayor Weiner and Commissioner Matson cast the ~issenting votes.) PROJECT NAME AP PL I CANT: OWNER: LOCAT I ON: DESCRIPTION: Williams Auto Sa les None Horace A. Williams 1009 N. Federal Hwy.; approximately 108' south of the southwest corner of N. Federal Hwy. and NE 10th Ave. ABANDONMENT: Request for the abandon- ment of a 20' wide alley. Vice Mayor Harmening moved to GRANT the abandonment subject to ~imultaneous execution of a general utility easement. Commis- ~ioner_Matson seconded the motion which carried 4-0. UBLIC AUDIENCE ~argaret Newton, 701NW 4th Street, questioned the Commission ~egarding the redistricting of Boynton Beach. Mayor Weiner nformed her the redistricting is being considered and explained t is being done because of the 1990 census. The demographics lave changed. Mr. Cutro is drawing up two maps in each of the our districts of the City. There will be approximately 11,000 eople in each district so that each district will have the same umbers of people. Since the Commissioners, regardless of ~istrict, run City-wide, this will only have to do with where you 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 live in order to be a candidate to run. Ms. Newton was concerned as to how the public will give input into the decision. Mayor Weiner stated a public meeting will be held which will be adver- %ised through the Commission agenda. She explained this is strictly an administrative matter. The districts will be equalized. Districts have not been changed since 1983. In response to a question by Ms. Newton, Mayor Weiner stated citi- Zens can become involved. ~4ayor Weiner instructed City Manager Miller to arrange a public Workshop before these maps are brought before the Commission. He Will arrange for the workshop in mid to late September. retha Madeus, 4018 NW 4th Avenue, thanked the City Commission or their help and participation in the anti-drug activities on behalf of the Ridgewood Hills Neighborhood Association. Dick ~regory brought attention to the problem, but without the help of Commission, Police Department, Parks and Recreation Department and the City Manager's Office, it would not have been quite as ~uccessful. A problem still exists between 11:30 p.m. and 5:00 .m. They will ask the Police for beefed up patrols during those reas. However, there has been some decrease in drug and prosti- tution activity on the street. They are beginning to move onto 2nd Street. She asked for continued support and participation. Mayor weiner discussed her report regarding this subject. With ~espect to Ms. Madeus' request regarding the two trees, Mr. ~iller had Mr. Hallahan look at the trees in question. It was ~ecided that one tree on the south side of 3rd Street will be removed and the one on the northwest corner will be severely cut Dack on a semi-annual basis. Lee Wische of 1302 SW 18th Street, asked to clarify a situation ~hich occured at the last Commission meeting. He explained that 2ommissioner Matson made a motion to put an item on the agenda and Mayor Weiner said she would not put it on the agenda. Then ~ommissioner Matson made the statement into a motion. Vice Mayor .~armening said there was no need for a motion because you need a ~nanimous vote. He questioned if this is true and stated it is not. Vice Mayor Harmening said this information is stated~ in Robert's Rules of Order. Mr. Wische informed the Commissioners ~f their right to question the attorney when there is doubt. Mr. Nische questioned Mr. Cherof as to whether or not the Vice Mayor's statement was correct. Mayor Weiner explained that as presiding officer, she determines the make up of the meeting. There has been an agreement among the Commissioners that no item of substance will be added to the ~genda at the last minute. They have adhered to that decision. The item in question was given to the Commissioners after they Sat down for the last meeting. There was enough time for the 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 item to be heard in a timely fashion before an extension was necessary. In addition, the Attorney ruled that since Commissioner Aguila would be absent from this meeting, it would  c arried over until the September 3rd meeting when there would a full Commission. Mr. Wische insisted Attorney Cherof respond to his question. Attorney Cherof explained there are two procedural points. Mayor Weiner is correct in that she chairs and governs the meeting. Unless there is a specific request with respect to a rule of arliamentary procedure, the attorney is not permitted to address he question. If it passes that point, Robert's Rules has two ~onflicting issues. One provision deals with standing committees Or programs which is questionably applicable and makes reference o a unanimous vote being necessary to change an agenda. The econd provision is equally unclear where it states that a 2/3 9ote is required. Neither one is a procedure adopted by the Commission or followed by the Commission. Mr. Wische suggested they adopt one procedure or the other to Clarify things. Mr. Wishche also brought up the subject of the water tower. He as two schemes in the but the cost has not been seen newspapers, 9oted. He asked why the public has not been informed about the cost of insurance and the effect on traffic and parking con- itions. None of these items are mentioned in the newspapers. e feels more pertinent facts are needed. He is interested in  he cost of a regular water tower versus the one proposed by Mr. ickel. ~ayor Weiner stated that for general information purposes, when he sketches were brought to the Commission by Mr. Pickel, the ommission requested Mr. Cherof to research the matter to see if private donations could be mixed with public funds. There is a ~ertain amount in the Utility budget for building a water tower. ~f the Commission decided to pass Mr. Pickel's version of the ~ater tower, and it was more expensive, it would have to be done with donations. No answer has yet been forthcoming from the 9ttorney. ~lizabeth Jenkins, 711 NW 1st Street, expressed concerns with a ~ree on NW 9th Avenue. Last Friday evening, someone drilled ]oles in the tree and filled the holes with oil. She has taken )ictures for evidence. She also gathered some of the soil con- ~aining the oil. Ms. Jenkins notified the Police Department and '~sked if a policeman in the area would inspect the tree to verify ]er statement. She spoke with Sgt. Harris who stated there was ~othing the Police could do and felt the owner might have done '~his in an attempt to tell the people who sit under the tree to Leave. In an attempt to remove a Melaleuca tree, it was MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 necessary for her to appear before the Commission. It isn't fair that nothing can be done in this instance. Carrie Parker will fOllow this up. MAYOR WEINER DECLARED THE PUBLIC AUDIENCE CLOSED. DEVELOPMENT PLANS A. CONSENT AGENDA PROJECT NAME: APPLICANT: OWNER: LOCATION: DESCRIPTION: City of Boynton Beach - Activity Center Bill DeBeck, Project Manager City of Boynton Beach 125 SE 2nd Ave; SE 2nd Ave. at SE 1st St. northwest corner SITE PLANS: Request for site plan approval to demolish the existing Tennis Center and parking lot and construct a 6,640 square foot recreation activity center and 89-space parking lot. ~r. Cutro explained that the Planning & Zoning Board approved the ~ite plan but denied, in part, one of two parking lot variances. ~he variance denied was the one to waive the improvement of the tot to the north of the Madsen Center. The Community Appearance 3oard (CAB) has imposed a series of conditions on the site plan ~hich Mr. Frederick addressed. Er. Charles Frederick explained a memorandum which was forwarded ~o Mr. Miller from Mike Haag which summarized the CAB meeting. CAB made eight recommendations concerning this particular site lan. Seven of the recommendations involve moving landscaping rom the Phase II project along the street-side on the east side and south side of the Madsen Center. They made these recommen- dations feeling that the parking lot variance would not be pproved and this would take care of the landscaping for the lot, ssuming it would have to be upgraded. Mr. Frederick would prefer to leave the landscaping as is and receive a variance for ~he parking lot. There was no objection to Item 8 of the memoranduml r. Frederick displayed color-coded drawings. An artist's ren- .ering was also displayed. He explained the block was developed 9n a phased basis. Phase I was the Library. When the Library was renovated and enlarged, the City was not required to bring lhe entire lot up to Code. Nothing has been formally decided on he use of the area in Phase II. To spend $25,000 to $30,000 to pgrade the lot at this time, could be money lost. When the City ets to Phase III, if a parking lot is required, it will be pgraded to City Code, landscaping and drainage. It was also ointed out by City Manager Miller, that this parking lot would MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 not be needed because the new parking lot meets the parking lot Code requirement. Attorney Cherof clarified there will be no cross use and there is no interconnection between the two lots. Eleanor Shuman, 2520 NE let Court, spoke as a representative of the CAB. It was the feeling of the CAB that the City should not be given any special treatment not afforded to ordinary citizens. The Chairman realized that existing shrubbery and 'trees could be moved to the street giving the neighborhood a nicer look. Since no one knows what will become of this area when Phase iii comes in, this is a temporary measure that can beautify the area. Mr. DeBeck was in agreement and felt it would not be costly to go this route. Vice Mayor Harmening complimented the CAB on the landscaping Plan. Mayor Weiner questioned Mr. Frederick about the uses of the acti- Vity center. Mr. Frederick informed the Mayor that activities have been conducted in two temporary trailers on the east side of the Library. Programs are conducted during the morning and afternoon, five to six days a week. It is sometimes used in the evening also. The building Will also replace the Scout building. it will operate six to six and one-half days a week during morning, afternoon and evening hours. The landscaping, as it now appears, provides a buffer from the parking lot and the existing ~adsen Center. If this is moved, there will be nothing in that area. ttorney Cherof was of the opinion that a variance is not equired in this situation. He felt it was a questionable interpretation of the Parking Lot Code to suggest this area be ~equired to be improved or is even the subject of the variance. ommissioner Matson pointed out that every variance is considered nd%vidually. There is no precedent when dealing with a variance. ommissioner to APPROVE the variance. Vice Mayor Matson moved armening feels a variance is not required. In addition, this is ~ totally separate phased project. ayor Weiner stated that a legal opinion was provided by the City Attorney that a parking lot variance is not required. There was general consensus with this opinion. lith regard to the landscaping, Vice Mayor Harmening felt the CAB ecommendations were valid. They did a good job and the land- caping is not an expensive item. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Vice Mayor Harmening moved that this site plan for Phase II, 6,640 square foot building, Activity Center, be APPROVED without any cross connection between the parking lot at the Madsen Center or the parking lot at the Library. Commissioner Matson seconded ~he motion which carried 4-0. PROJECT NAME: APPLICANT: OWNER: LOCAT I ON: DESCRIPTION: Shoppes of Woolbright P.C.D. Kilday and Associates Tradewinds Development Corporation Woolbright Rd. at SW 8th St., Northeast and Northwest corners MASTER PLAN MODIFICATION: Request for approval---~ an amended master plan to allow relocation and addition of dri- veways, and changes in size and use of outparcels. Chris Cutro introduced a FAX which was received at 4:25 p.m. oday from David Levy. The letter requested a postponement of ity Commission action on this application until the second ~eeting in September. (A copy of this FAX is on file in the City Clerk's Office attached to the original minutes of the meeting.) ~r. Cutro has no problem with the delay and feels the application 'nay be withdrawn completely. 2ommissioner Matson moved to TABLE this item until the second neeting in September. Vice Mayor Harmening seconded the motion ~hich carried 4-0. ~ITHER  . Excavation and Fill Permit - Plat No. 5 Boynton Lakes PUD ~ichard Staudinger referred to Memorandum ~91-59. Since writing ~he memo, he received a letter from the applicant's engineer, 'Rossi and Malavasi, addressing the reclamation plan, indicating that furnished topography and construction drawings will be pro- vided and the operation will last two to three days with silt screens and turbidity screens in place along the lake bank. The request is for an excavation and fill permit to remove approxima- tely 500 yards of material from the commercial site and place it on the lake slopes within Boynton Lakes Plat No. 5. Subject to receiving the cross sections and the topography which was pro- mised, Mr. Staudinger recommended approval. Grub, 6 Redford Drive, read a letter she prepared stating on--~s and those of other homeowners in Boynton Lakes· (A of this letter is on file in the City Clerk's Office with riginal copy of the minutes of this meeting.) The letter pointed out that the owners had no official notification of this earing and are unaware of any problem with the lake. Without ross sections and soundings, she questioned why Mr. Staudinger 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 sought approval for this permit. On July 22nd, a brown foam was Visible on the lake. It was determined that excess fill was being dumped into the lake. No silt screens were used and no permit had been obtained. The City ordered the work stopped. There have been oil spills and the Department of Environmental Resource Management has ordered the lake be treated on several Occasions. The irrigation pumps were damaged twice. Lennar Still owes $1,200 for the repairs. The homeowners question whether there is a problem with the lake Slopes. That determination can be made only when all data is ~eceived. The homeowners are facing great expenses because Code has not been followed. Ms. Grub requested the City not approve this application until all the facts are in. Commissioner Matson questioned Mr. Staudinger as to why the City did not monitor any of the work being performed. She questioned how the property can be fixed when no one knows if anything is Wrong with it. Mr. Staudinger was not involved in the past. However, he assured the Commission he would not sign off unless he items on the reclamation plan are submitted. Ms. Grub wondered how anyone but the property owners can make the Application. It was determined that Lennar cannot make this ~pplication since the homeowners now own the property. Vice.Mayor Harmening suggested Lennar be notified that when they are in complete compliance, they can apply for the permit. Mr. Staudinger discussed an agreement signed by Lennar and the omeowners' association to remove fill from the lake and leave he lake in a certain condition. The permit has expired and they ~annot now continue. They overexca va ted and there are now slo- pes. Vice Mayor Harmening stated that staff has not done a very good job of reviewing and checking. Vice Mayor Harmening moved this NOT BE APPROVED until everything ~s in order, checked and verified. Ms. Grub was advised that ~nly the owner of record can apply for the permit for dredging. ~ttorney Cherof suggested the City not relieve the developer of any responsibility and shift them to the homeowners' association.  ice Mayor Harmening amended his motion that the City Attorney be rought into this in order to keep the developer from escaping is obligations. The City Attorney will follow through together With the City Engineer. Commissioner Matson seconded the motion which carried 4-0. Commissioner Matson requested Code Enforcement check out the ~situation as depicted in the photos presented to the Commis- sioners. City Manager Miller will make the necessary arrange- ments. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 091-56 Re: Annexation - Ray Flow property (SW corner of Old Boynton Road and Knuth Road) Attorney Cherof read Proposed Ordinance No. 091-56 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE RAY FLOW PROPERTIES (SW CORNER OF OLD BOYNTON ROAD AND KNUTH ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, and 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION AND PROVIDING AN EFFECTIVE DATE. lommissioner Matson moved to APPROVE proposed Ordinance No. 91-56 on second reading subject to two staff comments as ollows: 1) submittal of conditional use application prior to Ldoption of the Ordinance to annex the 1.4 acre parcel; and, 2) )uilding heights be limited to two stories. Commissioner Artis ~econded the motion. A roll call vote was taken by Sue Kruse, ~ity Clerk. The motion carried carried 4-0. Proposed Ordinance No. 091-57 Re: Land Use Amendment from Residential 8 (Palm Beach County) to High Density Residential (City) - Ray Flow Property (SW corner of Old Boynton Road to Knuth Road) Attorney Cherof read Proposed Ordinance No. 091-57 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE RAY FLOW PROPERTIES (SW CORNER OF OLD BOYNTON ROAD AND KNUTH 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 ROAD) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY R/8 (RESIDENTIAL 8) TO HIGH DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Harmening moved to ADOPT proposed Ordinance No. 091-57 On second reading. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk. The motion Carried 4-0. Proposed Ordinance No. 091-58 Re: Rezone from RM/SE (Multi-Family Residential District with a Special Exception for Day Care Center - Palm Beach County) and RM (Multi-Family Residential District - (Palm Beach County) to RE (Multi-Family Residential - City) - Ray Flow property (SW corner of Old Boynton Road and Knuth Road) Attorney Cherof read Proposed Ordinance No. 091-58 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE RAY FLOW PROPERTIES (SW CORNER OR OLD BOYNTON ROAD AND KNUTH ROAD) AMENDING ORDINANCE 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY RM/SE (MULTIPLE-FAMILY RESIDENTIAL WITH A SPECIAL EXCEPTION FOR A DAY CARE CENTER) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR A BUILDING HEIGHT LIMITATION OF TWO-STORIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CALUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. In response to a question by Commissioner Matson, Mr. Cutro advised the Day Care Center will not be affected. Vice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-58 on second reading. The motion was seconded by Commissioner Matson. A roll call vote was taken by Sue Kruse, City Clerk. The motion carried 4-0. Proposed Ordinance No. 091-59 Re: Establishing a Capacity Reservation Fee for the Utility Fund Attorney Cherof read Proposed Ordinance No. 091-59 by title only: 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, SECTION 26-34, CAPITAL FACILITIES CHARGE AND CONNECTION CHARGES; ADDING A NEW SUBSECTION ESTABLISHING CAPACITY RESERVATION FEES; AND AMENDING CHAPTER 19, PLANNING AND DEVELOPMENT GENERALLY, SECTION 19-89 EXEMPTIONS, TO COINCIDE WITH THE PROPOSED CAPACITY RESERVATION FEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. ;ice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-59 )n second reading. Commissioner Matson seconded the motion. A ?oll call vote was taken by Sue Kruse, City Clerk. The motion ~arried 4-0. B. Ordinances - 1st Reading: Proposed Ordinance No. 091-60 Re: Amendment to the current Occupational License Ordinance, Section 603, regarding Merchants/Temporary/Retail activities 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. iice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-60 n first reading. Commissioner Matson seconded the motion. A oll call vote was taken by Sue Kruse, City Clerk. The motion arried 4-0. 2. Proposed Ordinance No. 091-61 Re: Adopt the latest edition 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. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Vice Mayor Harmening commented that no opinion should be necessary when the State adopts a new Code. In this case, it is mandatory to adopt this Code. Vice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-61 On first reading. The motion was seconded by Commissioner Matson. A roll call vote was taken by Sue Kruse, City Clerk. The motion carried 4-0. 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. Mayor Weiner stated she does not wish to see retail distribution Of wholesale prepackaged meat and poultry. She asked if con- ditions could be added. Mr. Cherof pointed out a confusing Clause which states, "...the wholesale sales of prepackaged meats and poultry..." He will add language to clarify that sales are not to the general public. The sales will be to the trade only. Vice Mayor Harmening moved to ADOPT Proposed Ordinance No. 091-62 On first reading and subject to the text amendment suggested by the Mayor. The motion was seconded by Commissioner Matson. A ~oll call vote was taken by Sue Kruse, City Clerk. The motion Carried 4-0. C. Resolutions: Proposed Resolution No. R91-131 Re: Acquisiton of vacant land located at the SW corner of NW 10th Avenue and Seacrest Blvd. from Dow Ross for a passive park area ............................. TABLED 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 THE FEE SIMPLE TITLE TO REAL PROPERTY, FROM THE RECORD TITLE OWNER, MR. CLAUDE 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 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 $14,000.00; 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 EXECUTE NECESSARY DOCUMENTS AS PROVIDED FOR HEREINAFTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Matson moved to REMOVE THIS RESOLUTION FROM THE TABLE. The motion was seconded by Commissioner Artis and carried 4-0. City Attorney Miller reported that at 4:00 p.m. on Monday, August !9th, he spoke with Mr. Ross and the price was now at $12,500. day, Mr. Ross received his assessed valuation which is $12,000. at amount was confirmed with the Property Appraiser's Office. in Vice Mayor Harmening's opinion, $12,000 is very high and he feels the property is not worth that amount of money. He feels this presents a problem for the City and the Police Department. ~e stated the Police Department should enforce the law to the letter of the law in an effort to get the people off that pro- Perty. Commissioner Artis does not agree with the Vice Mayor. She would ~ike the property purchased by the City or would like a long-term %ease. Vice Mayor Harmening feels leasing the property is an ~ption which should be investigated. Mayor Weiner is in agreement with Vice Mayor Harmening that the )rice is very high; however, it is an eyesore and a drug hangout. ~he feels it can be better handled if the City owns it. The ppearance can be improved; benches and lights can be installed. .~ity Manager Miller also agrees the price is quite high. He also ~tated it is a place which is victimized by litter and sometimes, .~specially on the weekends, trucks pull in to sell their wares. qhen this happens, they are asked to leave the area. ~ommissioner Artis questioned if a long-term lease could be nego- tiated. City Manager Miller explained this was never discussed with Mr. Ross, but it can be posed to him. She also questioned hhether the City could offer the type of lease that would cost e City less if the City improves the property. Both City anager Miller and Vice Mayor Harmening agreed this could be ossible. City Manager Miller feels Mr. Ross may find a lease 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 more advantageous than selling it outright. However, Vice Mayor Harmening stated a long-term lease would probably be more expen- sive. It was his feeling that a lease over two or three years Only might do the job of changing the pattern in the area and eliminating the problem. The lot could be fenced at a low cost and then the City would not lose very much when the lot is aban- doned. Mayor Weiner feels the fence would not last very long and Would continually have to be refenced. In response to a question posed by Commissioner Matson, City Manager Miller explained the money for this purchase would come from the CIP. Commissioner Artis questioned the necessity of a fence. Mr. Miller explained a fence is better aesthetically and precludes cars from parking on the lot. He suggested Mr. Frederick review this proposal. There was general consensus by the Commission that the City Manager negotiate with Mr. Ross regarding a lease. Proposed Resolution No. R91-133 Re: Street name change - Hunters Run - Eastlake Drive to Essex Lane tAt.tornev Cherof read proposed Resolution No. R91-133 by l~le ohly: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RENAMING EASTLAKE DRIVE AS ESSEX LANE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Vice Mayor Ha rmening moved to ADOPT proposed Resolution No. ~91-133 which was seconded by Commissioner Matson. The motion .~arried 4-0. e Proposed Resolution No. R91-134 Re: Approve contract between City of Boynton Beach and Charles Ankrom, Golf Course Architect, for the Municipal Golf Course greens renovation project Attorney Cherof read proposed Resolution No. R91-134 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CHARLES F. ANKROM, INC., A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof suggested an idemnification clause be included in the motion if the Commission approves this Resolution. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Vice Mayor Harmening asked for an explanation as to why the scope of this activity has been changed. Dan Miller, Golf Course Superintendent, explained the contract Was contingent upon how much it would cost to rebuild the greens. There are numerous ways to construct the greens depending on time schedules and the funds available. If there is additional money, Other improvements will be made to the golf course. Vice Mayor Harmening thought the only work being performed was returfing and a change in the size of some of the greens. City Manager Miller explained that work is still planned; however, while this is being done, the architect will provide additional ideas which the City could proceed with at a later date. Vice Mayor Harmening clarified that the maturity date of the bonds will not be increased. Commissioner Matson agreed she Would not want to see change orders coming in in the future. The figures are cap figures. Commissioner Matson moved to ADOPT proposed Resolution No. 91-134 Subject to the cap figures as stated and subject to an indem- nification clause. The motion was seconded by Vice Mayor Harmening and carried 4-0. Proposed Resolution No. R91-135 Re: Approve extending the lease for space in the west wing of City Hall for the Exchange Club/Dick Webber Center for an additional year Attorney Cherof read proposed Resolution No. R91-135 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXTENDING A CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION OF CHILD ABUSE FOR THE GOLD COAST, INC., FOR A PERIOD OF ONE YEAR, ACCORDING TO THE TERMS AND cONDITIONS OF THE ORIGINAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. ~im Abbott, Executive Director of The Exchange Club/Dick Webber ~enter, stated the Exchange Club has enjoyed being located in ~ity Hall. They have served more families from Boynton since residing in the City Hall complex and requested a lease extension Df one year. Vice Mayor Harmening moved to ADOPT proposed Resolution No. .~91-135 which was seconded by Commissioner Artis. The motion ~a tried 4-0. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 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 Mayor Weiner passed the gavel and made a motion that, in the bsence of Commissioner Aguila, this Resolution be TABLED until a ull Commission is present. Commissioner Matson seconded the motion. Illen Gabriel, 2455 East Sunrise Boulevard, Fort Lauderdale, equested a hearing to know the Commission's feelings and com- ents, and have a vote at this meeting. ~ayor Weiner explained to Mr. Gabriel that there is no time ele- ment involved in this matter and since it is an item of ~ubstance, everyone would be better served if a full Commission discusses it and votes on it. ~he motion carried 4-0. Proposed Resolution No. R91-137 Re: Full release of performance bonds - Target Commercial Center (North Congress Ave. & NW 22nd Avenue) Attorney Cherof read proposed Resolution No. R91-137 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING THE RELEASE OF AN IRREVOCABLE STANDBY LETTER OF CREDIT HELD TO SECURE PERFORMANCE OF INFRASTRUCTURE IMPROVEMENTS FOR THE TARGET COMMERCIAL CENTER, PROVIDING AN EFFECTIVE DATE. 'itv Manaqer Miller_stated this is co~Dle~e.and has been reviewed the ~nglneerlng uepar~men= ana meets ~nelr approva±. Iayor Weiner questioned the statement regarding Mr. Hallahan's ~equest for a one-year guarantee against defective materials and ~orkmanship for the off-site median landscaping along NW 22nd ~venue. Attorney Cherof explained the bond secures only the on- ;ite improvements. :ommissioner Matson questioned the amount of money stated. Mr. ~taudinger explained this was reduced once before and this is the · emaining portion of the bond. ice Mayor Harmening moved to ADOPT proposed Resolution No. 91-137. The motion was seconded by Commissioner Artis and arried 4-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Proposed Resolution No. R91-138 Re: Full release of performance bond - Mariners Way (NE 12th Avenue extended to Intracoastal) Attorney Cherof read proposed Resolution No. R91-138 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING THE RELEASE OF A PERFORMANCE BOND HELD TO SECURE PERFORMANCE OF INFRASTRUCTURE IMPROVEMENTS FOR MARINER' S WAY, PROVIDING AN EFFECTIVE DATE. ~ice Mayor Harmening moved to ADOPT proposed Resolution No. ~91-138 which was seconded by Commissioner Artis. The motion ~arried 4-0. Bm Proposed Resolution No. R91-139 Re: Amend job description and pay grade for Golf Course Chemical Spray Technician Attorney Cherof read proposed Resolution No. R91-139 by title only: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE PAY PLAN OF THE CITY OF BOYNTON BEACH, FLORIDA FOR THE FISCAL YEAR OF 1990/91 AND ADOPTING THE JOB DESCRIPTION OF GOLF COURSE CHEMICAL SPRAY TECHNICIAN. ~.ommissioner Matson moved to ADOPT proposed Resolution No. ~91-139. The motion wss seconded by Vice Mayor Harmening and .~arried 4-0. Proposed Resolution No. R91-140 Re: Approve extending the maintenance contract for an additional year to Borrell Fire Systems, Pompano Beach, for the Halon System in the Communications Dispatch Center Attorney Cherof read proposed Resolution No. R91-140 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 SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BORRELL FIRE SYSTEMS FOR THE COMMUNICATIONS AREA FIRE PROTECTION SYSTEM A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. rice Mayor Harmening moved to ADOPT proposed Resolution No. ~91-140 which was seconded by Commissioner Artis. The motion ~arried 4-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 OTHER 1. Reciprocity of the City's Zoning Ordinance Attorney Cherof explained there are a number of areas of the Code that provide distance requirements and other requirements, such as locations which serve alcholic beverages, adult entertainment istablishments and gas stations. There are provisions in the ode that do not clearly reflect the policy of the City that the istance requirements are reciprocal. He requested authorization ~o prepare a blanket Ordinance making the language of the Code ~lear and explicit and matching the current policy of the admi- nistration. Commissioner Matson is in agreement with Mr. Cherof that this irdinance should be on 'the books. In response to a question by ommissioner Matson, Attorney Cherof explained nothing on the rawing board now will be affected by this Ordinance. The ~rdinance being requested will make the current Codes clearer. here was general consensus among the Commissioners that Attorney herof be directed to draw up the Ordinance to clear up the language in the Code. artin Perry, 400 Australian Avenue So., West Palm Beach, spoke n this Subject with regard to the 1,000 foot Separa~i°n between ervice stations. There has been much discussion on this sub- ~ct over the last two years. There have been requests for the ~ity and the City Planner to review this subject. He explained ~hat Mr. Bryant, a planner, had prepared drawings demonstrating ~hat under the current Ordinance, even with the 1,000 foot separation, there are 22 additional service stations and sites ~hich can be approved that will meet the 1,000 foot separation :equirement. There is a proposal for an amendment which reflects ~ore current thinking relative to service station locations. It ;as his suggestion the Commission send this proposal to the ?lanning & Zoning Board for a recommendation to the Commission. te explained he represents a property owner who is being adver- lely affected by the current Ordinance. There is the potential )f litigation in this particular case. He feels there is a solu- tion and there are benefits for the City. Code Enforcement settlement offer - City of Boynton Beach vs. Dr. Love Attorney Cherof stated there has been an offer of settlement. It is the most substantial offer of settlement on the lien foreclo- Sures to date. The City Attorney recommends acceptance of the Offer. Vice Mayor Harmening moved to ACCEPT the offer which was seconded by Commissioner Artis and carried 4-0. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 3. Finizio vs. Boynton Beach law suit Attorney Cherof advised the Commissioners of a lawsuit which was filed. All Commissioners received notice of the suit and the exhibits have now been received by the City. He explained he represented Vince Finizio in conjunction with the Casablanca ~awsuit and that creates a potential conflict of interest for t~im. Mr. Finizio decided not to waive the potential conflict. Attorney Cherof requested authorization to seek other counsel to ~epresent the City. Vice Mayor Harmening moved to grant authorization for Attorney Cherof to seek other counsel to represent the City. Commissioner Artis seconded the motion which carried 4-0. 4. Miner Road extension litigation update Attorney Cherof stated the City is in litigation with one of the property owners on the north end (not the missing link in the middle). An attorney, appointed by the League of Cities, will handle the case. Mr. Cherof anticipates the City will be in litigation in the near future with the owner of the "missing ink" and will bring back a recommendation in this regard to ~equest authorization to begin litigation. OLD BUS INESS Non e NEW BUSINESS ae Items for discussion requested by Mayor Arline Weiner: 1. Boynton Bay Multi-Family Development (a/k/a The Hamlet) £~ November 7, 1989, a presentation on affordable housing was made to the Commission. Thomas G. Hinners represented Florida Affordable Housing, Inc. and Auburn Trace Joint Venture. The proposed affordable housing would be 241, two and three-bedroom apartment units, plus an eighteen-hour child care center on 23 acres zoned R-3. That housing has become Boynton Bay apartments. The Mayor read from a letter dated July 1, 1991 from Mr. Felner to Mr. Miller. The letter explained that financing carried a requirement that 40% of the apartments be rented to low to moderate income senior citizens. They intended to rent approxi- mately half of the apartments to low to moderate income family households, many of whom would have children. That was the reason for the child care center. Mayor Weiner explained this had come before the prior Commission. The intention was as stated above. In order to get funding for 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 this affordable housing, Mr. Felner needed a commitment from the City before they could go to the Palm Beach County Commissioners for a $1 million loan. They promised half of the apartments Would be for regular family households. Since that time, the project has been built. They received the ~1 million loan from the County and made an agreement with the School Board. At the time, Mayor Weiner felt this project would elp keep PoinCiana School open and operating. Racial quotas ere implied. Mr. Felner stated they strongly resisted racial wquotas, but after much negotiation, he entered into an agreement ith the School Board recognizing the City's requirement to rent ~t least 40% of the apartments to the elderly and establishing a oal to rent the remaining 60% of the apartments ranging from 0-30% to Black, and 70-80% to other. Quarterly reports must be Submitted and are monitored. Mayor Weiner now sees advertisements that this community will be renting 100% to senior citizens (55 years of age and over). Mr. Felner appeared before the two surrounding retirement com- munities and they urged Mr. Felner to make the community 100% Senior citizens. Mr. Felner realized senior citizens do not like ~o live with families having young children. It is his feeling ~hat mixed-age communities have been unsuccessful. Mayor Weiner is concerned because the developer promised one ~hing and is doing something totally different. She asked for ~he Commission's input and direction. ~ttorney Cherof recommended the City take the information which Ls available and confer with the County and School Board repre- sentatives to evaluate the situation and see if there are any ~hared concerns or if they have any concerns that are not common ~o the City. ommissioner Artis was quite concerned about the advertisement lso. It was advertised as a moderate income family project. She was surprised it is now 100% senior citizen. She agrees Mr. ~erof should, investigate. .~ommissioner Matson also agrees Mr. Cherof should investigate the ~ituation. She is concerned about the day care center and the ]eed for affordable housing for everyone. 'Tice Mayor Harmening would like to hear Mr. Cherof's findings and ~sked that he bring this information back to the next meeting. Mayor Weiner advised Mr. Cherof to proceed with the investiga- tion. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Jay Felner, 4723 West Atlantic Avenue, Delray Beach, is the managing partner of the Boynton Bay apartments. He did not dispute what was said but felt there was no misrepresentation on his part. He claimed they intended to rent to senior citizens from the very start and that is how they obtained financing. In Soliciting at the Four Seasons and the mobile home park, they Concluded that young children and senior citizens cannot be mixed. He claims to be providing exactly what the Comprehensive Plan calls for; that is, housing for the elderly. With regard to the day care center, it has been leased out to an operator and it Will serve the City of Boynton Beach. The Certificate of Occupancy will be issued in approximately one week and they will be licensed within a few weeks after issuance of the CO. It will be open for business long before it was promised. Lee Wische, 1302 SW 18th Street, spoke in favor of Boynton Bay partments. He was on the Commission at the time and pushed for affordable housing. He visited Auburn Trace and thought it was great. He received many favorable reports. When they were $1 million short, Mr. Wische and Mr. Olenik appeared before the County Commission to plead their case. On the second appearance, ~he County approved the loan. The School Board had a problem With racial imbalance because it was 85% black against 15% white. They would not approve it unless the balance was correct. He ~ccused Mayor Weiner of not being interested in afforable housing 9ecause she did not appear before the County Commission. He also %mplied she was against senior citizens because she brought up ~his particular issue. He stated she refused to meet with the ~evelopers to see if a compromise could be reached. He told her, s a Commissioner, her duty is to the citizens. Mr. Wische also ccused Mayor Weiner of not being interested in the children ecause she did not attend the awards ceremony after summer camp. t this point, Mayor Weiner informed Mr. Wishe he was straying rom the subject and as presiding officer, she asked him to ~eturn to the topic of the Boynton Bay apartments. Ir. Wische stated he has heard nothing about the County or the :chool Board being against this advertising. He feels another ~awsuit is facing the City and mentioned a list of them. He ~laimed, during Mayor Weiner's tenure, the name of the City will ~e changed to "sue" city. He claimed his comments were said in good faith. Harry Romano, 417 Buttonwood Lane, explained he is a new resident ~f the City. He admitted he was unfamiliar with the goings on in he City. He is upset the taxpayers should have to absorb the ost of the Tradewinds suit. He felt the people in Leisureville hould absorb the costs. With regard to Boynton Bay, he agrees ~enior citizens should not live with children. Why not have them build two projects; one for senior citizens and one for low inco- me? 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Report on meeting with Congressman Harry Johnston; reference Zip Codes Mayor Weiner and City Manager Miller met with Congressman Harry Johnston. He is working on the Zip Code problem. The Greenacres Phone line was also discussed and he will pursue that issue. Commissioner Matson left the meeting at 10:00 p.m. 3. Boynton Beach Conference on problems of the Elderly While meeting with Congressman Johnston, the Task Force on the Elderly was discussed. Mr. Johnston has agreed to appear at a ~onference regarding the problems of the elderly. He asked that it be arranged before the beginning of November. Be Items for discussion requested by Vice Mayor Edward Harmening: Request resolution of support reference petition to review Emergency Order No. 15 of the Federal Railroad Administration Tice Mayor Harmening discussed a notice received from the Federal overnment regarding train whistle blowing. Many of the cities  n Florida are not in favor of this mandate. The City of ollywood is going to oppose this. lice Mayor Harmening moved that the City Attorney be instructed o prepare a Resolution to forward to the appropriate authorities aking exception to the U. S. Department of Transportation's dict. The motion was seconded by Commissioner Artis and carried --0. C. Report from Shirley Jaskiewicz, Chairperson, Community Relations Board Shirley Jaskiewicz, 1917 SW 13th Avenue, spoke as Chairman of the ~°m~nitY Relations Board. She wished to express some concerns 9nd informational items. ihe explained the Community Relations Board would like to hold Jnity Day in conjunction with the dedication of Ezell Hester ~ark. They would provide music and refreshments at no cost to ~he City. There were no objections by City Manager Miller or lity Attorney Cherof. However, Mr. Frederick requested that ~ecreation and Parks be involved in the planning of the opening lay ceremonies. ~s. Jaskiewicz stated that $1,000 remains in the budget for this ear and requested permission to keep this money for the use of *due to illness. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 the CRB for future projects. City Manager Miller had no problem with the CRB keeping this $1,000. Boynton Terrace Apartments- Resident complaints concerning condition of the grounds Several residents of this complex brought serious concerns to the attention of the CRB. The CRB investigated and found it to be true. An official of the Housing Authority was unable to attend the first meeting which had been arranged. A list of problems Was enumerated and sent to him and he attended the second meeting. He was quite cooperative. Slight improvements were seen, but the improvements stopped quickly. A major concern is the problem with the irrigation system. It has not been func- tioning for four years. The conditions are now deplorable. The Complex on the west side of Seacrest is similar to living in a Sand pit. The buildings are beautiful but the outside is awful. She has now heard they have an agreement with the owner that he Will give $40,000 and begin the improvements. She suggested that Code Enforcement look into this situation. Ts. Jaskiewicz questioned whether a definite plan can be obtained ~n writing regarding the improvements to be done. It was agreed this is possible. Mayor Weiner commended Ms. Jaskiewicz and the CRB for the efforts made with regard to this development. Vice Mayor Harmening moved that this Commission instruct the City ~anager to contact Barry Seaman and express dissatisfaction with ~he apartments and spell out those things which we know are most irritating and have the largest shortcomings. Commissioner Artis seconded the motion which carried 3-0.  ommissioner Artis and Ms. Jaskiewicz will meet with City Manager iller to discuss this matter. Community Center - Ezell Hester Park - Consideration to include health facility Ms. Jaskiewicz referred to a memorandum dated May 18, 1990 ~egarding the possibility of including health facilities in the multi-purpose building. It is possible some County property will be deeded over for that purpose. If that option does not work out, the CRB would still seek consideration of this item. The next meeting of the CRB will be held in the Wilson Center on September 11, 1991 where these concerns will be addressed. Ms. Jaskiewicz wondered why the decaying Sewage Plant has not been dismantled. It is an eyesore and it is not fair to the residents living in that area. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Elizabeth Jenkins, 711NW 1st Street, feels Code Enforcement is necessary at the Boynton Terrace apartment complex. D. Request authorization to prepare an amendment to the current Alarm Systems Ordinance City Manager Miller explained there are currently some conflicts ~n language and the changes are necessary to clear them up. Uice Mayor Harmening moved to direct the City Attorney to prepare an amendment to eliminate any conflict. Commissioner Artis Seconded the motion which carried 3-0. Ee Request authorization to prepare an Ordinance reference Local Government Parking Violation Reporting to the Department of Motor Vehicles Vice Mayor Harmening moved to grant authorization for the City Attorney to prepare an Ordinance with reference to Local Government Parking Violation Reporting to the Department of Motor Vehicles. Commissioner Artis seconded the motion which carried 3-0. CITY MANAGER'S REPORT .gone %DMINISTRATIVE: A. City Boa rd Appointments: %ppointment To Be REG/ Made Board ALT Length of Term Expiration Date {armening Community Relations Bd. Alt. 1 yr term to 4/92 TABLED 4atson Code Enforcement Bd. Reg. 3 yr term to 9/94 {armening Code Enforcement Bd. Reg. 3 yr term to 9/94 ;einer Code Enforcement Bd. Reg. 3 yr term to 9/94 '$ice Mayor Harmening TABLED the Alternate appointment to the .~ommunity Relations Board at this time. ;ice Mayor Harmening appointed Dick Lambert as a Regular member Of the Code Enforcement Board. in her absence, Commissioner Matson's appointment of a Regular ember of the Code Enforcement Board was TABLED at this time. Mayor Weiner TABLED her appointment of a Regular member of the Code Enforcement Board. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Be Accept resignation from Margaret Miller, Alternate, Community Relations Board Mayor Weiner accepted Margaret Miller's resignation from the Community Relations Board with regret. · Consider replacement to fill vacant alternate posi- tion, Community Relations Board -Term expires 4/92 - Appointment to be made by MaY0~ Arline Weiner. Mayor Weiner appointed Charles Oppenheimer as an Alternate on the Community Relations Board. Request approval to purchase a replacement TV camera for a TV/grout truck in the Utilities Department Uice Mayor Harmening moved to APPROVE the purchase of the repla- Cement TV camera which was seconded by Commissioner Artis. The notion carried 3-0. De Change Order for Hester Park - Phase II Building Addition (Teen Room, CPO Station, Rest Rooms, Service Rooms), Basketball Courts (2), Parking Lot, and Energy Management System City Manager Miller distributed a hand out. He explained all Project expenditures are included as well as the FY 1991/92 expenditures which total $626.320 as a maximum. If the City goes ahead with Ezell Hester Park, it will stay within the $2.8 illion. When it was originally awarded, it came in substan- ially lower than anticipated. If the City stays within the $311,000, Option ~4, it will not be necessary to divert any addi- tional dollars into Ezell Hester Park. If anything is done over ~nd above Option 94, then additional dollars must be taken from ~he $799, 062. ~n response to a question by Commissioner Artis, Mr. Frederick ixplained the teen room as being an 1,800 square foot game room nd social meeting area containing pool tables and video games. recommendation is being proposed to eliminate that room; owever, all other facilities will remain. Commissioner Artis eels this room is necessary because these are the types of acti- ities which will keep the teens off the streets. Mr. Frederick t.a ted can programmed every room. Commis- activities be into loner Artis feels the teen room would be a drawing card. Vice Mayor Harmening suggested putting video games in some of the rooms and questioned whether this could be accomplished without extending the contract and incurring a $30,000 expense. Mr. Frederick stated that it is required for the City to go through a 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 special process. Vice Mayor Harmening suggested the $100,000 be changed on City projects to avoid the site plan process. Uice Mayor Harmening moved to direct the City Attorney to draw up an emergency Ordinance to change this to no more than $300,000. Commissioner Artis seconded the motion which carried 3-0. Mr. Frederick will investigate to see if the meeting room can be designed to accommodate teen programming. Uice Mayor Harmening moved to ADOPT Option ~4. Artis seconded the motion which carried 3-0. Commissioner Authorization to initiate an amendment to zoning code to permit tow companies with exterior storage facilities in M-1 zones under specific conditions (i.e., screening, landscaping, drainage, etc.) Vice Mayor Harmening moved that the Commission direct the City Planner to initiate an amendment in order to clean up the anguage in M-1 zoning to permit tow companies with exterior storage. Commissioner Artis seconded the motion which carried 3-0. Fe Request from the Greater Boynton Beach Chamber of Commerce to schedule a joint meeting between the Chamber and City Commission in October, 1991 to discuss various issues of the business community ~ity Manager Miller would like to arrange a meeting between the ~ity and the Chamber of Commerce during October at Bethesda ~ospital. Vice Mayor Harmening could not recall the Commission neeting with the Chamber regularly. He felt they have ample Dpportunity to speak with the Commissioners at regular City .~ommis sion meetings. 4ayor Weiner is committed to keeping the relations open with the .~hamber. She passed the gavel and made a motion to hold a ~orkshop meeting with the Chamber. Commissioner Artis seconded ~he motion which carried 3-0. City Manager Miller will check ~ith the Chamber to see if the meeting can be arranged for )ctober 22, 1991. Review of Federal Programs of Interest to all cities (per Palm Beach County Municipal League) - Police Officers Bill of Rights, Anti-Crime Bill and EPA current Municipal Stormwater Management Program 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Mr. Miller said this was brought forth to the Florida League of Cities to the Palm Beach County Municipal League. There are two items: 1) the Police Officers Bill of Rights, which the Florida League of Cities opposes since Florida already possesses a comprehensive Police Officers Bill of Rights; and 2) relates to the MPDES. The Florida League of Cities is urging support for the Senate amendment in the House versus the Highway Bill that would delay the implementation of the Municipal Stormwater Management Program until Congress has an opportunity to review the program. Vice Mayor Harmening moved to OPPOSE the Police Officers Bill of Rights. Attorney Cherof stated there already exists a Comprehensive State of Florida Policemens Bill of Rights which has protected police rights. Commissioner Artis seconded the motion which carried 3-0. Vice Mayor Harmening moved to SUPPORT the Florida League of Cities request for approval of the Senate amendment in the House that would delay the implementation of the Municipal Stormwater Management Program until Congress has an opportunity to review ~he program. Commissioner Artis seconded the motion which ~arried 3-0. ~ONSENT AGENDA A. Minutes 1. Regular City Commission Meeting of August 6, 1991 Bo Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget: 1. PC Computer Maintenance The Tabulation Committee recommends awarding the bid to Hi-Tech Assistance Corporation, Ft. Lauderdale, FL in the total contract amount of $16,584.25. C. ~cU~S~ ~ora~oS~e~9~,O~oe~h~p from Cemetery Lot 176A, Request refund for Rose Murray Wheeler on Cemetery Lots 244 and 245, replat of Boynton Beach Memorial Park Eo Request refund for Rene and Gloria R. Beteille on Cemetery Lots 100 A & B, Block O, Boynton Beach Memorial Park Addition #1 F. Payment of Bills - Month of July, 1991 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 20, 1991 Go Contingency transfer from the City Hall/General Adminis- tration Account (General Fund) to the Legal Department H. Approval of Bills This includes the Solid Waste Authority bill for the month of July in the amount of $132,566.29. I. Receive and File Departmental Monthly Reports A motion was made and seconded to APPROVE the Consent Agenda. The motion carried 3-0. 9T~ER None %DJOURNMENT ~here being no further business, the meeting properly adjourned ~t 10:45 p.m. ~TTEST: Clerk Prainito (ecording Secretary (Four Tapes) CITY OF BOYNTON BEACH Mayor Co~issioner Commissioner 31 AGENDA August 20, 1991 XI. CONSENT AGENDA H cc: Finance, Rec Mgmt Serv, Util o o AIR COMPRESSOR WORKS INC. Emergency Repair of No. 1 Air Compressor running on back-up now. Compressors are used for filters 5 thru 6 and the Chlorine Room Controls. Pay from Water & Sewer Rev---401-332-5-499-00 ALLIED LIME Blanket P.O. #85951 - Pebble Quick Lime for Water Plant. Pay from Water & Sewer Rev---401-332-5-365-00 AMERICAN FOOD MANAGEMENT DIV. SERVICEMASTER CO. Summer Food Program @ Wilson Center. Pay from General Fund---001-000-0-158-90 AMERICAN WOOD FENCE INC. Installation of 100' of 6' chain link fencing and 16' double gate at east side of intersection of NE 4th. St. and NE 26th. Ave. Pay from Water & Sewer Rev---401-352-5-629-00 "Best of 4 quotes" BAXTER DIAGNOSTICS INC. 1 Capillary Column for Lab Services. Pay from Water & Sewer Rev---401-361-5-642-00 "Best of 3 quotes" BELL & HOWELL Service agreement on Microfilm Camera from 9/22/91 to 9/21/92 for City Clerk's office. Pay from General Fund---001-122-5-433-00 BOCA TIRES INC. Blanket P.O. #85957 - Partial Payment for items needed to repair & maintain vehicles. Pay from Vehicle Service Fund---501-193-5-322-00 EIMCO PROCESS EQUIPMENT 1 Vacuum Filter Belt for Water Plant. Pay from Water & Sewer Rev---401-332-5-433-00 FLORIDA ATLANTIC UNIVERSITY Payment of internship contract for Student PlanningIntern. Pay from General Fund---001-151-5-111-00 FLORIDA POWER & LIGHT Underground service and transformer @ Ezell Hester Park. Pay from Public Svs. Tax Constr.---301-721-5-640-27 $ 1,200.00 1,720.98 4,291.41 1,169.69 1,021.00 1,341.00 1,597.87 1,430.00 3,750.00 6,838.00 COMMISSION AUG 20 )99i APPROVAL 11. 12. 13i 14! 15 16 17i 2O FLORIDA SERVICE ENGINEERS, INC. Service calls and repairs to Robicon equipment at Utility Pumping Stations. Pay from Water & Sewer Rev---401-352-5-433-00 GEE & JENSON, ENGINEERS Blanket P.O. #86324 - Architectural and engineering services for design of new building for use by Recreation & Parks. Pay from Public Svs.Tax Constr.---301-621-5-463.05 Commission approved 12/4/90 IBM CORPORATION Blanket P.O. #85507 - Maintenance month of August, 1991 for AS/400. Pay from various departments. LAYNE-ATLANTIC COMPANY Repairs to Cemetery Well which was puming half of its de- signed capacity, resulting in irrigation problems at the Little League Fields and Cemetery. Pay from General Fund---001-722-5-433-00 $1,130.00 " " " " 001-722-5-499-00 2,000.00 MATRX MEDICAL INC. Blanket P.O. #87311 For replacement emergency medical supplies. Pay from General Fund---001-221-5-371-00 3M COMPANY 20 Pressure Sensitive 25 MPH Speed Limit signs and 1 roll of 24" X 50, High Int. pressure sensitive orange for Street Dept. Pay from General Fund---001-411-5-348-00 MEISNER ELECTRIC, INC. Blanket P.O. #87604 - Est. #3 - Generator For E. Water Plant. Pay from Utility Cap. Improve.---404-000-0-690-10 Commission approved 4/2/91 PALM BEACH COUNTY SHERIFF'S OFFICE Vehicle maintenance repairs to Kawasaki #391. Pay from Vehicle Service Fund---501-193-5-432-00 PRIDE OF FLORIDA Blanket P.O. #85997 - Items needed for vehicle repair and maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 THE ROLM COMPANY Blanket P.O. #86029 Maintenance agreement for Telephone SyStem from 8/1/91 thru 8/30/91. Pay from General Fund---001-197-5-433-00 1,249.40 3,057.29 1,600.35 3,130.00 1,661.00 1,278.36 8,192.00 3,434.40 1,499.65 1,580.67 COMMISSION AUG ~0 ]99] APPROVAL 21. THE RYLAND GROUP, INC. Refund of Sewer & Water fees paid on permits #91-0477 & #91-1480 and permit fee & plans filing fee paid on permit #91-1480. Pay from various accounts. 4,505.21 22; SCE, INC. Payment #11 - Odor Abatement System - Aeration Covers, Effluent Pumping Station Expansion and Electrical Building Project for period 6/20/91 to 7/19/91. Pay from 1985 Constr. Fund---409-000-0-691-20 360,997.96 23~ SEALAND CONTRACTORS, INC. Payment #6 - Rolling Green Park - $ 43,144.42 Payment #7 - Ezell Hester Park - 217,327.18 Pay from Public Svs. Tax Constr. Fund 260,471.60 24~ SEWELL, TODD & BROXTON Claims administration fees for: Property damage/sewer back- up claim - $1,208.53; Police liability claim - $20.32. Pay from General Fund---001-195-5-468-00 1,228.85 25~ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Payment for Odor Abatement Project - various invoices. Pay from 1985 Constr. Fund---409-000-0-691-20 32,123.74 26 .~ 27 28 SOUTHEASTERN MUNICIPAL SUPPLY Supplies needed for Force Main relocation - 1-95 and ~ 22nd Ave. Pay from Utility Capital Improvement STANLEY CONSULTANTS OF FLORIDA, INC. Construction Management - Engineering Services West WTP - Raw Water Main Project from period 6/30/91 to 7/27/91. Pay from 1990 Constr. Fund---409-000-0-690-10 OSCAR VAGI & ASSOCIATES July Construction Administration of Ezell Hester Park. Pay from Public Svs. Tax Constr.---301-721-5-462-01 29. WOLLETT & BRADY Services rendered with respect to opinion letter concerning requirements Quantum Park Community Development District. ' Pay from General Fund--'001-131-5-468-00 30. WOODBURY BUSINESS SYSTEMS, INC. 200M New 4-Color Utility Bills. I Pay from Water & Sewer Rev---401-393-5-472-00 31. XEROX CORPORATION 120 Cartons 8 1/2 X 11 and 80 Cartons 8 1/2 X 14 Xerox Paper for Warehouse. Pay from Warehouse Fund---502-000-0-410-10 3,898.00 10,019.00 3,652.00 2,862.50 3,400.00 4,422.00 COIvltv'lISSION AUG ~BO ]}991 APPROVAL 32. 3 3 ¸. YOUNGQUIST BROTHERS, INC. Payment #4 - Deep Injection Well Disposal System. Pay from 1990 Construction Fund---409-000-0-690-10 Per bid 2/16/91, Commission approved 2/5/91 JOSIAS & GOREN, P.A. Statement for general services July, 1991 - $6537.70; Traylor Arbitration - $300.00; CDD - $250.70; DCA Comp Plan - $201.40; Tradewinds - $950.70; Mrotek - $100.00; Citrus Glen - $512.10; Las Palmas - $190.70; Su~mit Associates, Inc. - $650.70. Pay from General Fund---001-141-5-461-00 230,512.03 9,694.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. ADDED: yScott Miller, City Manager palm Beach County Solid Waste Authority USe of County Landfill for month of July 132,566.29 COMMISSION AUG ~0 ]99~ APPROVAL