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Minutes 05-15-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION 'CHAMBERS, CITY HALL, BO~NTON BEACH, FLORIDA TUESDAY, MAY 15, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. Following a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Arline Weiner. AGENDA APPROVAL Vice Mayor Wische wished to move "NEW BUSINESS, A. t., Time Limits at City Commission Meetings" up on the Agenda to follow "ANNOUNCEMENTS." "NEW BUSINESS, F. 1., Code Enforcement" was also added by Vice Mayor Wische. Under "NEW BUSINESS, A. 3.," Commissioner Olenik wished to add "Discussion on Code Enforcement." Under "A. 4., North Federal Highway Task Force" was added as well as "A. 5., Policy on Advisory Board Reports." Commissioner Olenik requested that the Site Plan for Hampshire Gardens be pulled from the CONSENT AGENDA and discussed immediately following "II. BIDS." Under "OLD BUSINESS, B., Nuisance Abatement Board" was added by commissioner weiner. Under "LEGAL, Other, 3., Refusal of the Mayor to Sign Contracts, Appointment Letters and Other Legal Documents" was added. Qnder "NEW BUSINESS, E.," Mayor Moore wished to discuss !'Boynton Plaza - Sign Ordinance" as well as the "Current ~ractice of the Planning & Zoning Board to Unilaterally Table Matters - Need to Establish Policy." The Mayor ~equested a report from staff on the Seppala & Aho lawsuit. nder "NEW BUSINESS, G.," City Manager Miller added "Meals ax Proposal." Under "DEVELOPMENT PLANS, I." the City anager added "Sign for B°ynton Beach Plaza." Under "LEGAL, Other, 4." City Attorney Cherof added !'Conditional Acceptance of Deed - Citrus Park Plat." Vice Mayor Wische moved to adopt the Agenda as amended. Commissioner Artis seconded the motion which carried 5-0. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 A~NOUNCEMEHTS 1. Proclamations a) Memorial Day - May 28, 1990 b) Amateur Radio Week - June 23-24, 1990 c) Nursing Home Week - May 14-20, 1990 ~ayor Moore indicated these Proclamations would be signed and forwarded to the appropriate parties. ~ime Limit for Speakers at City Commission Meetings Vice Mayor Wisehe referred to lengthy remarks made by mem- bers of the public at recent City Commission meetings. He ~elt there was a need to strictly enforce the three minute rule. This was not meant in any way to take away anyone's privilege of speaking, but was merely to encourage abbre- 9iation of remarks on the part of the public as well as Commissioners. He recommended the City Clerk become the Official timer. Lengthy discussion ensued among the Commissioners and various opinions were expressed. Commissioner Weiner was not in favor of holding people to %he three minute time limit. In order to maintain order at the Commission meetings, Mayor Moore felt the public comments should be limited to Public Hearings or the Public Audience portion of the Agenda. Some Commissioners did not agree with this idea but felt if the ~opic appeared on the Agenda and the person had submitted a ritten request to speak, they should be allowed three minu- es of uninterupted remarks at the time the topic came up on the Agenda. Mayor Moore warned if people do not maintain decorum in the audience, he will warn them once. After that, if the con- ~uct continues, they will have to leave the Chambers. The ~hayor asked the City Attorney if he had the authority as airperson to rule in the manner he was expressing. Mr. ~herof replied affirmatively. ~ommissioner Olenik moved to set policy that individuals Wishing to speak on Agenda items be allowed to speak at the ~ime the item is discussed, subject to time limits that will be prescribed. They have to fill out the written request to ~peak. The forms must be submitted to the City Clerk prior ko the beginning of the meeting. Commissioner Weiner Beconded the motion and the motion carried 4-1. The Mayor ~oted against the motion. Commissioner Olenik moved that per Vice Mayor Wische and his i(Olenik's) memo, persons wishing to speak on items on the 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Agenda or not on the Agenda be allowed three uninterupted minutes to speak. Individuals or organizations making pre- sentations to the Commission would have ten uninterupted minutes to speak and then questions could be asked. From henceforth, the written requests to speak must be submitted before the Commission is finished with the OPENINGS portion of the Agenda. Vice Mayor Wische seconded the motion which carried 5-0. Commissioner Weiner was concerned that some individuals might be nervous and have difficulty expressing themselves un three minutes. The consensus was that the Mayor, as Chairperson, could waive the time limit on his own volition. That could be overridden by three members of the Commission. Likewise, if a person was cut off at the end of the three minutes by the Mayor, this could be overridden by three members of the Commission. 5ater in the meeting, Former Mayor Ralph Marchese commented ~n this topic. He didn't believe the intent of this was to Weep people from speaking. The fact that a waiver provision Was being included removed the stigma, in his opinion. BIDS None · Development Plan ~roject Name: Went: ~ner: ~ocation: )escription: Hampshire Gardens Thomas Avalle, President Hampshire Gardens, Inc. East side of South Federal Highway, south of S.E. 23rd Avenue SITE PLANS: Request for site plan approval to construct a 644 sq. ft. clubhouse addition. ~is item was pulled from the Consent Agenda in order to ~iscuss it early in the meeting. The Planning and Zoning $oard unanimously recommended approval of this project, sub- ~ect to staff comments. Vice Mayor Wische moved to approve the addition of the ~lubhouse. Commissioner Olenik seconded the motion which 6arried 5-0. pUBLIC HEARING A- Project Name: Agent: Owner: Water's Edge Marina Craig Livingston, A.I.A., Burns McDonnell, Inc. J & J Ventures of Florida MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Location: Description: East of North Federal Highway, bet- ween Ocean Avenue and East Boynton Beach Boulevard extended CONDITIONAL USE: Request for con- ditional use approval to construct a 72,241 sq. ft. marina project including a dry boat storage building (220 boats), a 37 slip marina and a mixed use office/retail/restaurant complex on 6.825 acres. Bi. Project Name: Agent: Owner: Location: Description: Water's Edge Marina Craig Livingston, A.I.A., Burns & McDonnell, Inc. J & J Ventures of Florida East of North Federal Highway, bet- ween Ocean Avenue and East Boynton Beach Boulevard extended ABANDONMENT: Request for the aban- donment of a 25 ft. wide right-of- way (N.E. 6th Street, a/k/a Orange Grove Avenue). J~m Golden, Senior Planner explained this project included a c~nditional use and an abandonment. Concerning the con- itional use application, the Planning Dept., Downtown sview Board (DRB) and Community Redevelopment Agency (CRA) scommended approval, subject to staff comments. The recom- endation from the DRB included a few stipulations, one sing that in certain instances staff comments may be mended upon approval of those staff members. Staff could srify any changes to the comments before the Commission. ~. Golden noted to date, that had not been done. The RB recommended approval of the developer's agreement with he City ~lich was to be witnessed, sealed and approved by i~e City Attorney. C~ncerning the staff comments which related to the site p~an, some submittal requirements were not met such as s~gns, lease agreements, pedestrian amenities, etc. These m~st be submitted for review in the future. There were also tgchnical issues that needed to be worked out with the TRB. T~e TRB was recommending the site plan be resubmitted and the c~anges coordinated to fit together prior to permitting. R~ference was made to the Utilities Director's memorandum' $~0-264 which related to technical issues raised at the TRB meeting. Rglative to the abandonment, the applicant offered a~the m~B~ meeting it remain to withdraw this application. It was recom- D~nded on the Agenda for the Commission so it 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 could be decided if the abandonment or license agreement for N.E. 6th Ave. was more appropriate. The recommendation of the Planning & Zoning Board was that the applicant could be granted a license agreement and they recommended denial of the abandonment. Staff made three recommendations in con- nection with the abandonment. The Planning Dept. recom- mended a license agreement be granted as opposed to the abandonment. The Engineering Dept. recommended approval subject to dedication of the easements and other comments. The Utilities Dept. recommended the issue be postponed until the utilities in the right-of-way (abandonment) were pro- perly located and surveyed. Either the abandonment or a license agreement would be necessary to approve the plan as proposed. Of the options available, the applicant favored the license agreement. City Manager Miller referred to a May 14, 1990 letter from Craig Livingston which indicated the applicant would like to request that the dredge and fill permit be approved con- current with the site plan approval, to save time. The Mayor remarked this should be included in the motion, if approved. Mayor Moore asked if there was anyone present who wished to Speak in favor of the application. Virginia Foot, President of the Chamber of Commerce remarked the Chamber supported the Water's Edge project as a tangible first step toward downtown revitalization. Former Mayor Ralph Marchese, 1901 S.W. Roma Way, Boynton Beach urged the Commission to approve this project, subject %o staff comments. Richard Gram, Chairman of the Community Redevelopment ~gency-Commercial stated the CRA-Commercial had completed '£ts review of this project and recommended approval. The Mayor asked if there was anyone present who wished to ~peak in opposition to the project. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Craig Livingston, Architect for the project indicated they had no problem with staff comments and they were working Out solutions. The drawings are on record as to what they plan to build. Mr. Livingston indicated he was in agreement With the license agreement with the City to construct the proposed improvements within the existing right-of-way. The Mayor asked Mr. Livingston if he was in agreement with the recommendation on the abandonment as per the license agreement. Mr. Livingston replied they were willing to withdraw that or do whatever the City required in that 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 regard. They just wanted to be able to park on it and fix it up. Whether it was abandoned or whether they used an agreement didn't matter. This could be worked out. Mr. Livingston indicated the project had been renamed the Lighthouse Square Marina. Motion Commissioner Weiner moved to approve the project, including the license agreement and including the dredge and fill approval which will supplement it. Vice Mayor Wische Seconded the motion. It was clarified that this approval included the conditional use, the site plan, the abandonment And the dredge and fill. Attorney Cherof indicated approving these at the same time was consistent. The Mayor called for a vote on the motion. The motion carried 5-0. The Mayor commended the developer and felt the project would prove to be a flagship in the downtown area. C. Project Name: Agent: Owner: Location: Description: Alhambra Square North Robert A. Eisen, Esq. Milnor Corporation South Congress Ave. at Golf Rd., northeast corner REZO~qING: Request for rezoning from R-1AA (PUD) to C-1 (Office Professional) in connection with a Stipulation and Settlement Agreement. D. Project Name: Agent: Owner: Location: Description: Alhambra Square South/ACLF Robert A. Eisen, Esq. Norman & Elishka J. Michael South Congress Ave. at Golf Rd., southeast corner REZONING: Request for rezoning from R-1AA (Single Family Residential) to R-3 (Multi-Family Residential) in connection with a Stipulation and Settlement Agreement. Jim Golden, Senior Planner explained items C. and D. were rezonings in connection with the property at the northeast And southeast corners of Congress Ave. and Golf Rd. These Were submitted in connection with the Stipulation and Settlement Agreement in reference to the City's Comprehensive Plan. After conducting Public Hearings on these requests, the Planning & Zoning Board recommended approval of the Alhambra Square North petition and denial of the Alhambra Square South/ACLP petition. The recommendation for denial was based on residents~concerns. 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Mr. Golden explained the land use plan was changed prior to forwarding the Comprehensive Plan to the State to incor- porate the land use that reflected the Stipulation and Settlement Agreement. The rezoning was now being addressed. In connection with the Alhambra Square North petition, Mayor Moore asked if there was anyone present who wished to speak in favor of or in opposition to the petition. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Notion on Alhambra Square North Vice Mayor Wische moved to accept the favorable recommen- dation of Planning & Zoning to change the zoning. Commissioner Artis seconded the motion. Attorney Robert Eisen was asked if anything had changed Since the Commission approved the Land Use Element. ~ttorney Eisen replied there had been one minor change. On the Declaration of Restrictions, which was part of the ~ettlement, the uses of the property were limited. They had added one use, a public pharmacy. This would be conducive With a medical office building. Other than that there had ~een no changes from the documents the Commission reviewed in October, 1989. Tim Cannon, Interim Planning Director indicated a pharmacy is a permitted use in C-1. ~ttorney Eisen was asked if there had been any changes in ~onnection with the Alhambra Square South/ACLF petition. Attorney Eisen indicated there had been no changes. ~ayor Moore called for a vote on the Alhambra Square North motion. The motion carried 5-0. ~n connection with the Alhambra Square South/ACLF petition, Attorney Eisen indicated the zoning was the result of the Stipulation entered into after numerous meetings with the ~olfview Harbour community. A Declaration of Covenants and Restrictions could be applied for the property, regulating lhe use. One provision was that parameter landscaping be eveloped with the governing associations and be installed and paid for by the developer. They also had limitations on ~he pitch of the roof and the height of the buildings. Attorney Eisen believed at the time, there was a general ~onsensus of the surrounding property owners as to the ~cceptability of this use. The stipulation was not incor- porated into a Court Order. Mr. Eisen indicated at Mr. Rea's request they had signed the stipulations and they were waiting for final approval by the Commission to formally dismiss the suit. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Commissioner Weiner referred to several residents in this area who had put their homes up for sale because of this new permitted use and what they anticipated the future would hold. She felt badly for these residents and her vote would be predicated on that. Other remarks were made by the Commissioners. Mr. Bob Borovy, 2521 S.W. llth Street, Boynton Beach former Vice President of the Golfview Harbour Homeowners Association indicated they had finally come to an agreement and if these stipulations in the Settlement Agreement were lived up to, they could live with the results. Mayor Moore asked if there was any further public input on ~he Alhambra Square South/ACLF petition. As there was no ~esponse from the audience, THE PUBLIC HEARING WAS CLOSED. Motion on Alhambra Square South/ACLF Vice Mayor Wische moved to approve the plan as requested by ~he applicant. Commissioner Olenik seconded the motion which carried 4-1. Commissioner Weiner voted agaiqst the motion. Project Name: Agent: Owner: Location: Description: Mall Corner Restaurant Kieran J. Kilday, Kilday & Assoc. Mall Corner, Inc. Old Boynton Road at Winchester Park Blvd., southwest corner LAND USE ELEMENT AMENDMENT/REZONING: Request to show annexed land as "Local Retail Commercial" and to rezone from AR (Agricultural Residential) to C-3 (Community Commercial. ~im Golden, Senior Planner explained this property was purchased by the current owner from the Florida Public ~tilities Co., who still retains a parcel near the northwest ~orner with a facility on it. Staff analysis of the land ~se category requested was not required as the proposed land ~se was consistent with the Comprehensive Plan. The Future Land Use Element support documents in the Comprehensive Plan equire that parcels in this area be zoned PCD. Since the arcel was less than 3 acres in size, which is required for ~ezoning to PCD and is under different ownership from the Surrounding parcels, the Commission allowed the applicant to ~roceed with the C-3 zoning when they appeared before the Commission on March 6, 1990. The applicant had submitted a text amendment to clean up this issue and this is scheduled for hearings in June, 1990. After conducting a Public Hearing, the Planning & Zoning Board unanimously recommended 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY~'15,~1990 approval, subject to the stipulation that it be developed as a restaurant. Remarks were made by Commissioner Olenik about the large parcel of land that exists in this area and the fact that the large parcel seemed to be breaking up into pieces. He was concerned that we would not be meeting the intent Of the Comprehensive Plan for this area. Kieran Kilday of Kilday & Associates explained this parcel Was always previously owned by Florida Public Utilities and Was never part of the Winchester holdings. The other two pieces of property (the service station site and the retail oil/lube site) were an assemblage that Mr. Winchester was involved in. Mr. Kilday remarked the reason for the other kwo applications (the oil/lube and service station applica- tions) being postponed tonight was so that those two parcels could be absorbed in the greater whole. Rather than look at the small ones, they postponed it, hopefully in preparation ifor an overall application on the entire 50 acres. Other itechnical remarks were made by Mr. Kilday. Mr. K~day noted ithe plan would require these parcels be designed to BCD !standards. ~r. Kilday expressed one concern. He noted as the motion iwas made at the Planning & Zoning Board meeting, it had been iamended to indicate this should be developed as a Irestaurant. He asked that this be limited to a restaurant ior other permitted use of equal or less intensity. iDiscussion ensued. Commissioner Olenik didn't think this larea was suited for another gas station and he explained his Ifeelings. Remarks were made about a super majority vote Ibeing required on this rezoning application. Mr. Golden noted they pointed out in the staff report that it could be Ideveloped for anything in C-3 unless limited otherwise by Ithe City Commission. He believed the Statute w~uld.allow ithe Commission to place restrictions on the zoning in terms of use. Attorney Cherof indicated that was correct. Mr. Kilday stated the Commission had the right to restrict them from constructing a service station on this parcel but he hated to have that restriction on it. Vice Mayor Wische referred to the separate service station application which was being tabled at this meeting and referred to the poten- tial of there being two service stations within a close proximity. Mr. Kilday stated they had no intention for a service station on this parcel. If the Commission wished to restrict them, he would be agreeable so long as the appli- cant had the right to come back before the Commission and ask that the restriction be lifted at a future date. Vice Mayor Wische moved to approve the change to C-3 with the proviso that a service station not be constructed. The 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 applicant can come back before the Commission to request the restriction be lifted at a later date. Commissioner Artis seconded the motion. Discussion ensued on whether a super majority vote was needed at this time. Mr. Golden remarked this would be sub- mttted to DCA for approval. They have a 90 day review. When it comes back from DCA, first and second reading of the Ordinance could take place and it would have to be approved by a super majority at that time. In view of the fact that ~his is a change to the Comprehensive Plan, the Mayor asked Attorney Cherof if we needed a super majority vote at this ~ime. Mr. Cherof responded negatively. ommissioner Olenik was still concerned about potential uses hat could go on this site, that could detrimentally affect b~he region around the Mall. Further discussion took place etween the Commission and Mr. Kilday. Mr. Kilday indi- Cated their intent was to bring all this property into the City. When this comes back from the State, the plans should ~e more definitive as Mr. Kilday stated they are trying to ~'nail the use down." Vice Mayor Wische withdrew the prior motion and moved that ~his be declared C-3. Commissioner Artis seconded the new ~otion. The motion carried 4-1. Commissioner Olenik voted against the motion. Project Name: Agent: Owner: Retail/Oil Lube Kieran J. Kilday, Kilday & Assoc. Bill R. Winchester, Elsie A. Winchester, Michael A. Schroeder, William A. Zeiher West Boynton Beach Blvd. at Winchester Park Blvd. northeast corner Description: LAND USE ELEMENT/REZONING: Request to show annexed land as "Local Retail Commercial" and to rezone from AR (Agricultural Residential) to C-3 (Community Commercial). Location: This was postponed until June 19, 1990 Project Name: Agent: Owner: Location: Description: Service Station Kieran J. Kilday, Kilday & Assoc. Bill R. Winchester, Elsie A. Winchester North Congress Avenue at Old Boynton Rd., southwest corner LAND USE ELEMENT AMENDMENT/REZONING: Request to show annexed land as 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 "Local retail Commercial" and to rezone from AR (Agricultural Residential) to C-3 (Community Commercial). This was postponed until June 19, 1990. Proposed Resolution No. 90-VVV Re: Authorizing the Mayor and City Clerk to execute the Stipulated Settlement Agreement between the City of Boynton Beach and DCA reference the Comprehensive Plan Tim Cannon, Interim Planning Director explained this is a proposal that will be sent to DCA to address all of the !items brought up in DCA's finding of noncompliance. Mr. iCannon explained DCA was willing to provide grant money to cities to reimburse them for the cost Of bringing Plans into !compliance. They were willing to give the City $4,000 itowards this. Under item 30 on page 11, Mr. Cannon indi- icated the first blank on the page should read $4,000. The ipayment upon delivering proposed remedial action would be 152,000. The adoption of remedial action would be $2,000, !for a total of $4,000. Mr. Cannon recommended favorable faction on this. iMr. Cannon stated there were a number of policy objections. iThe DCA had seen the amendments and stated at the plan ireview level, they didn't have any problem with the list of iamended policies. Commissioner Olenik was disturbed that ithe Commission had not seen any of this ahead of time and he iwas uncomfortable approving this. Mr. Cannon explained DCA iwanted to execute this Compliance Agreement not less than 30 idays prior to the hearing on June 27, 1990. iThis compliance Agreement requires the City to amend the IComprehensive Plan. Mr. Cannon stated in June we would go ithrough the public hearing procedure. Right now these are Inot Comprehensive Plan amendments. Commissioner Olenik and Vice Mayor Wische thought the procedure sounded like it was backwards. They thought the public hearings should come first before the stipulation. City Manager Miller inter- jected this Agreement would, in effect, abate the admi- nistrative hearing set for June. By agreeing to the stipulation we still need to go through the public hearing with Planning & Zoning and the City Commission and take amendments as such. Mr. Miller was comfortable with this Agreement. Mayor Moore asked if we stipulate to this would the City still have the right for input from the public to officially make amendments to the stipulation. City Attorney Cherof stated the City is required to have the two public hearings. 1t MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Attorney Cherof indicated the settlement stipulation pro- posed by DCA might seem backwards, but the Agreement which they have proposed to many cities provides for this proce- dure. It was noted the Commission could move forward with this, have the public hearings and then amend the Stipulation Settlement Agreement later if need be, as a result of the public hearings. Mr. Cannon indicated at this point they needed authorization to send the Agreement in its entirety up to DCA so they could review it. He thought it was inevi- table that DCA would have one or two modifications. Remarks were made about the format of the Agreement coming from DCA but the amendments were prepared by City staff. Discussion took place about the Plan having been found to not be in compliance by DCA in January, 1990. Attorney Cherof proceeded to read proposed Resolution No. )0-VVV by caption 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 STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PURPOSE OF BRINGING THE CITY'S COMPREHENSIVE PLAN INTO COMPLIANCE, COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." A iThe Mayor explained there would be advertised Public Hearings before any formal amendments are adopted. Several icitizens wished to comment at this meeting. iGary Lehnertz, 619 S.W. 2nd Avenue, Boynton Beach stated he Mas the President of the Lake Boynton Estates Homeowners Assoc. He made available a letter dated May 15, 1990 from ~ttorney Terrell K. Arline, Attorney for Lake Boynton .Estates. Mr. Lehnertz requested this information be put into the record of the meeting. The letter is labeled Addendum A and is attached to the original copy of these Minutes in the City Clerk's office. The letter deals with the Comprehensive Plan and its consistency and compliance with the State. Mr. Lehnertz felt all orders and the settlement agreement require the City to go through DCA review and public comments prior to any changes in the Plan. iHe stated this process has not been followed. In his opi- inion, the Traffic, Conservation and Capital Improvements IElements were not in compliance and he explained in tech- inical terms. He didn't feel the City had followed legal iprocedure in connection with the Tradewinds parcel or in ,connection with the Milnor property. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 At the end of Mr. Lehnertz' three minutes, Commissioner Weiner moved to let Mr. Lehnertz complete his statement. The motion died for lack of a second. Stella Rossi, 625 Whispering Pines Rdo, Boynton Beach felt there were still inconsistencies with DEA and the Treasure Coast Regional Planning Council. Ms. Rossi provided a list of inconsistencies to the Commission. This list is labeled Addendum B and is attached to the original copy of these Minutes in the City Clerk's office. Remarks were made about certain goals and policies in the Comprehensive Plan which are not necessarily mandated by the State. The City Manager stated these were included because Of the subcontractors piecing this document together. The result was the City had financially committed itself in earlier years and would have to consider whether or not we can now afford these things. A study is underway in this regard and the results will be provided the Commission. Perhaps the Commission can eliminate some of these things and still reserve the voluntary right to do something we want to, but not be mandated to do so. Dan Boyar, 712 S.W. 3rd Avenue, Boynton Beach referred to ~age 67, Policy 4.3.2. of the Comprehensive Plan. There is a statement that the City would drop the A rating for high quality native ecosystems if a specific mechanism cannot be !found by the City for preservation. He didn't think the A rating should ever be dropped as it is the County's rating and it still represents a native ecosystem the way it was in presettlement times. Comments were also made about page 87, Policy 7.2.1. Mr. Boyar didn't know how the City would be able to meet certain environmental goals without a person on staff with an ~nvironmental background. Mr. Boyar also made comments about recycling in the City. Commissioner Olenik repeated he thought this whole process was occurring backwards. The City was being asked to enter ~nto a Stipulated Settlement Agreement with DCA before the City had had any opportunity to go through with the Public Hearings. He thought poor planning was involved. Discussion ensued between the Mayor and Mr. Cannon relative to the fact that our Comprehensive Plan has not been approved. Mr. Cannon stated once the compliance Agreement is executed and the plan amendments are made, the City and DCA would no longer be in litigation. The DCA had raised certain points that they felt did not comply. The City is trying to address those isolated issues to get the Plan approved. Discussion took place. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MAY 15, 1990 Commissioner Weiner asked if Mr. Lehnertz' concerns would have sufficient force to keep the City from signing the Agreement and could these concerns be addressed at a later date. Attorney Cherof responded there would be opportunity to address them, specifically in terms of this Agreement. There would be two Public Hearings. This Agreement is attempting to settle administrative proceedings (scheduled for a hearing in June) between the City and DCA. If the City is able to comply with the terms of this Agreement, that would never occur. He noted the Commission would ge~ a chance to see the issues again in terms of a reworked Plan. The public would have an opportunity to see this as well at the two Public Hearings in June. As far as the comments submitted, Mr. Cannon suggested City staff look at them and report to the Commission in time for the June hearings as to whether the Commission should take those to heart and consider them. Copies of those letters could be provided. Motion Commissioner Weiner moved to proceed with the recommendation of staff, send this to DCA and then proceed to have the workshops. This motion included Mr. Cannon's caveat. Vice Mayor Wische seconded the motion which carried 4-1. Commissioner Olenik voted against the motion. PUBLIC AUDIENCE Mr. Bill Branch, 8 West Riverside Drive, Jupiter manages two Small strip shopping centers in the City, one of these being the Inlet Plaza. Mr. Branch referred to a recent effort to have a tenant at the Inlet Plaza that would make custom marine canvas boat covers, etc. He explained what had taken place in recent weeks in connection with zoning and whether 9r not this facility would be allowed at this site. Mr. Branch requested the term "marine canvas design with off- ~ite installation" be added to the C-3 zone to allow this man to stay in business. yice Mayor Wische stated he wished to make a motion that the Commission reconsider and allow this man to operate in that ~oning area as fabrication not manufacturing. Discussion ensued on what the Commission had voted on pre- viously. Attorney Cherof stated it came up as an issue for a determination of consistency. Mr. Cannon stated a draft Ordinance was submitted to the Planning Dept. from the Building Dept. The Planning & Zoning Board had determined it was not consistent with the Comprehensive Plan and the Commission concurred with that. The Ordinance, therefore, did not proceed. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Don Jaeger, Building Official explained the man originally came in for an interior completion and they did not specify what type of use was going in. An interior completion per- mit was issued. Later the man requested an occupational license. At that point they made a determination the use was not allowed in the C-3 zone and denied the occupational license. Mr. Jaeger's interpretation of the Code did not allow this type of use except in a marina. If the man wished to overturn the Building Official's ruling, he could appeal to the Board of Adjustment. It seemed to Mr. Jaeger this use could be allowed there with Commission approval, so he initiated the rezoning process to allow this. It was sent to the City Manager who concurred. It was then sent to the Planning & Zoning Board and Commission. The Commission's denial was forwarded to the applicant and he has since reapplied for another use in there. The Mayor ~hought the avenue of relief was the City Commission. Lengthy technical discussion took place. Mr. Jaeger stated his recommendation was to approve the rezoning and to allow that use in C-3. The Mayor asked if there was a second to Vice Mayor Wische's motion to reconsider. Commissioner Artis seconded the motion for discussion purposes. Further discussion took place regarding the difference bet- ~een manufacturing and fabricating. Remarks were made about proper procedure. If the vote at this time was to find this Consistent with the Comprehensive Plan, Commissioner Olenik ~sked if the Building Official would change his ruling. Other remarks were made about the Board of Adjustment's Tole. Unsolicited remarks were made by members of the audience. One woman was warned by the Mayor. ~omments were made by Commissioner Olenik about the Building ~fficial's belief two weeks ago that sail manufacturing was ~ permitted use in M-1. He noted that was two zoning ~lassifications away from where the Commission was con- ~emplating putting this right now. Commissioner Olenik believed manufacturing and fabricating were the same thing. City Attorney Cherof clarified the proper motion would be a ~otion to rescind the previous action. He didn't believe ~he action took place at the last meeting. The issue should 6ome up again on the next Agenda for some formal action by ~he City. The Mayor asked Attorney Cherof why he felt it ~hould be deferred. Attorney Cherof stated this was not an 9genda item. This was brought up under Public Audience and was not something placed on the Agenda for official action. The Mayor didn't agree with the ruling of Attorney Cherof. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Motion Vice Mayor Wische moved to rescind the prior action that determined this was inconsistent because it was an "industrial" operation. Commissioner Artis stated based on Attorney Cherof's recommendation, she would second the motion to rescind. Commissioner Weiner asked if someone who was on the losing side of a motion could bring up an argument again for recon- sideration. Attorney Cherof responded affirmatively. Commissioner Weiner then asked if a motion to table would take precedence over another motion. Attorney Cherof responded it would. Commissioner weiner moved to table this motion. Her motion died for lack of a second. The Mayor called for a vote on the Vice Mayor's motion to rescind. The motion carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. ,~, Motion Discussion ensued. Vice Mayor Wische moved that this is not Sndustrial and falls within the authorized uses of either C-2 or C-3. Attorney Cherof indicated the motion to rescind would allow this to be brought up at the next meeting. It would not preclude it from being brought up at this time if there were enough votes to move the matter forward. The Mayor remarked it was an interpretation of the Code and no Ordinance amend- ~ent was needed pursuant to the action that had been taken. Attorney Cherof indicated that was correct. The Mayor Stated they were calling for an interpretation of the existing Code. In his opinion, the sewing of canvas tops ~ogether by this man was an authorized use in the present ¢-3 or C-2 zones. Commissioner Artis seconded the Vice Mayor's motion and the motion carried 3-2. Commissioner Weiner and Commissioner ~lenik voted against the motion. Commissioner Olenik stated the Mayor should be impartial. When the Mayor starts interpreting the Code in his own way, he felt the sense of democracy is lost. Commissioner Olenik ~tated tonight, the Commission could proceed with four mem- bers. He left the meeting at 8:02 P.M. In response to Commissioner Olenik's statement, ~tated he couldn't do anything unless two other Commissioners agreed with him. Mayor Moore 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Lynne Matson, 1 West Chesterfield Drive, Boynton Beach referred to Commission discussion on May 1, 1990, on problems experienced in Boynton Lakes North. She stated she was still awaiting a written response on the City's find- ings. Bob Borovy, Senior Vice Commander of VFW Post 5335 thanked the Commission for recently granting $5,000 towards the American Legion Baseball Program. Mr. Borovy noted Memorial Day was coming up. He explained veterans groups would be putting up 500 crosses and flags at the cemetery. He ~ncouraged community participation in this event in honor of those who have lost their lives in war. The Commissioners ~oined Mr. Borovy in his plea for community involvement. ~r. Borovy referred to Resolution 89-EE which was discussed t the July 18, 1990 City Commission meeting and he made ~eference to remarks about flag burning made at the July meeting. Mr. Borovy felt flag burning was repugnant and he encouraged citizens to talk to their representatives to get the Supreme Court to change its ruling allowing flag burning. He referred to a Palm Beach Post article entitled !'Air Force ROTC Unit Enjoys Top Flight Status." He noted ~his Lake Worth group was one of the 64 best in the world. · e stated this upbeat article had been buried on the fourth page. Remarks were made about the Air Force ROTC program which exists at Lake Worth High School. ~ilda Searcy, 402 N.E. 13th Avenue, Boynton Beach stated t hough she loved the flag, she would not salute the flag ~ntil discrimination stops in the City. Mrs. Searcy emarked on the Community Relations Board Workshop held on ay 12, 1990, which she thought was outstanding. Other com- ments were made about the need for an amphitheatre which she ~hought should be located behind the Winn-Dixie on Federal Hwy. ~EVELOPMENT PLANS ~. Quail Run Phase II - Request for retroactive Extensions , of Site Plan and Preliminary Plat ~incent Finizio, Acting Assistant to the City Engineer xplained the developers had allowed their Preliminary Plat nd Site Plan to expire about a year ago. The Engineering ~ept. recommended granting a two phase extension. One would be a retroactive time extension to bring it from the expira- tion date to the present time. The other would provide for One year extension on the Site Plan and a six month exten- Sion on the Preliminary Plat. ~ommissioner Weiner moved that the request for retroactive ~xtensions for the Site Plan and Preliminary Plat on Quail 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Run Phase II be approved. Vice Mayor Wische seconded the motion which carried 4-0. B. Consistency Review (Pursuant to Chapter FS 163.3194 1. Adult Entertainment Ordinance 2. Appendix C - Subdivisions, Platting 3. Parking Lot Ordinance Amendment Tim cannon, Interim Planning Director stated the Planning and Zoning Board had found each of these three Ordinances to be consistent with the Comprehensive Plan with the exception of a portion of the Adult Entertainment Ordinance. The Plan as it stands now, does not allow adult entertainment speci- fically in M-1 zoning. He calculated there would be about three sites in the City out of a total of 27 that would fall in the M-1 zoning district. Therefore, Commission instruc- tion would be needed to amend the Comprehensive Plan to allow adult entertainment in the industrial land use cate- gory. This position was discussed at length in the decision Of Judge Scott. Vice Mayor Wische moved to accept the recommendations of staff that these three items do meet the consistency review and that the Adult Entertainment Ordinance, with regard to M-1 zoning, should be forwarded through the process to have the Comprehensive Plan recognize this situation. Commissioner Artis seconded the motion which carried 4-0. C. Project Name: Agent: Owner: Location: Description: Cross Creek Centre Steve Rhodes Denholtz-Rhodes Associates West Boynton Beach Boulevard at the L.W.D.D. E-4 Canal, northwest corner MASTER PLAN MODIFICATION: Request for approval of an amended master plan to allow for the addition of a day care center (maximum 55 children) at the east end of the commercial/office building and to convert an additional 1,225 sq. ft. of office floor space to retail floor space. Jim Golden, Senior Planner explained the Commission pre- 9iously approved 2,775 sq. ft. of retail in the office building. The Planning and Zoning Board concurred with the recommendation of the TRB that the day care cente~ be denied for health, safety, access and traffic reasons. The Planning and Zoning Board recommended approval of the additional retail floor space, subject to staff comments. Mr. Steve Rhodes, 140 Intracoastal Pointe Drive, Suite 201,~ Jupiter explained the request was for the use of a public 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 day care center in one of the existing bays of the Cross Creek Centre. Relative to the playground on the east side, Mr. Rhodes stated they had worked with the Lake Worth Drainage District and had reached an agreement providing for the easement to be totally unobstructed. Relative to fire access, he indicated they would leave 15' totally unobstructed in perpetuity, between the site and the wall to the east. That area could be entered by an unlocked gate which would latch up at a 6' height. The facility would have four exits. Mr. Rhodes explained HRS had approved the plans. Relative to traffic congestion, Mr. Rhodes noted children are normally dropped off early in the morning and are picked ~p around 5:30 P.M. He stated traffic is not heaVy at the entre at these times. Other remarks were made about 23 employees at Cross Creek Centre who plan to bring their children to the facility. in case of a fire, Mr. Rhodes explained the building had %hree front exits onto the parking lot, and one exit to the playground area. A fire riser exists at the front of the building in the parking lot and would be unobstructed. Commissioner Artis stated there was a distance requirement 0n how far children are supposed to stand away from the ~uilding in the case of evacuation. She was interested in whether there was sufficient space for this. Remarks were made about four parking spaces out front which would be ~arked as a designated drop-off area. ~im Golden, Senior Planner stated a day care center is allowed in a PCD if shown on the approved Master Plan. A ~ay care center was not shown on this approved Master Plan because it is a conditional use in the C-3 zone. Commissioner Weiner thought this was an unsafe place for a ~ay care center. Mayor Moore asked if any other governmen- tal agency, particularly the Health Dept., had concurrent ~urisdiction on the location and operation of day care cen- ~ers. Mr. Rhodes responded HRS had been intimately involved n the permitting process before they could even go to the uilding Dept. He repeated HRS approval had been obtained. Commissioner Weiner moved to deny the application for this day care center. Commissioner Artis seconded the motion. Vice Mayor Wische moved to table this application for further investigation. The Mayor noted the motion to table Would take precedence. Commissioner Artis seconded the motion to table which carried 3-1. Commissioner Weiner voted against the motion. There were questions related to 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 safety that the Commission wanted to ask the Fire Chief but he was not present at the meeting. The Mayor felt confident the Health Dept. had already looked into this prior to approving it. A report was requested for the next meeting which would address the Commission's concerns. D. Project Name: Agent: Owner: ~ Location: Description: Shoppes of Woolbright Kilday & Associates Tradewinds Development Corp. North side of Woolbright Rd., between the SAL railroad right-o£-way and the L.W.D.D. E-4 Canal MASTER PLAN MODIFICATION: Request for approval of an amended master plan in connection with a stipulation and settlement agreement. Tim Cannon, Interim Planning Director explained this was action by the Commission to ratify the Planning and Zoning Board's action. Under normal circumstances they have final approval over any changes to a PCD where there are no increases in the intensity of use or impacts. The Planning and Zoning Board recommended approval, subject to the sti- pulation and settlement agreement and subject to staff com- ments. David Beasley, 1499 S.W. 30th Ave., #8, Boynton Beach had Submitted a written request to address the Commission on ~his topic. He stated if there was no opposition then that was fine with him. Vice Mayor Wische moved to approve the request. Commissioner Artis seconded the motion which carried 4-0. Project Name: Agent: Owner: Location: Description: Woolbright Place Kilday & Associates Tradewinds Development Corp. North of Woolbright Rd., between the SAL railroad right-of-way and the L.W.D.D. E-4 Canal MASTER PLAN MODIFICATION: Request for approval of an amended master plan in connection with a stipulation and settlement agreement. Tim Cannon, Interim Planning Director stated this required Commission action to ratify the Planning and Zoning Board's action. Normally a PUD Master Plan change goes to the planning and Zoning Board, but since this was the subject of a stipulated settlement, it was coming back to the Commission for ratification. The Planning and Zoning Board concurred with the staff comments with one exception. The 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Planning Dept. staff had recommended the apartment buildings along the north end be limited to two stories since they originally came in with a Master Plan saying two and three stories. The applicant did not agree with this and wanted the option of constructing three story buildings there. Mr. Cannon noted this did include the increased number of units which had been agreed on, namely 640 units. Mr. Cannon stated the Planning Dept. recommended the appli- cant be allowed to build one story duplexes on the panhandle which extends to the northeast and that a buffer be planted along those duplexes. The City could in effect gain another piece of property which lies in the northwestern portion of Lake Boynton Estates which would be more useable for parks and open space. That strip, if dedicated to the City would always be a passive buffer. It would simply be a main~ tenance task for the City and there would be very little ~angible benefit as far as recreation, in Mr. Cannon's opi- nion. Commissioner Weiner moved to deny this request on the basis khat it is now 640 units instead of 600 units. Mr. Cannon thought the Commission needed to ratify the action of the planning and Zoning Board as being consistent with the sti- pulation. Commissioner Weiner's motion died for lack of a ~econd. Uice Mayor Wische moved that the request of the developer, ~s approved by the Planning and Zoning Board, be ratified. Commissioner Artis seconded the motion which carried 3-1. Commissioner weiner voted against the motion. ~he Mayor called a brief recess at 8:40 P.M. resumed at 8:50 P.M. F. Project Name: Agent: Owner: Location: Description: The meeting Carriage Homes of Congress Lakes (f/k/a Gerulaitis Multi-Family Apt.) Alex Garcia, Project Engineer Carriage Homes of Congress Lakes Associates West of North Congress Ave., between the Boynton (C-16) Canal and N.W. 22nd Ave. PRELIMINARY PLAT: Request for the approval of the construction plans and preliminary plat which provides for the construction of infrastruc- ture improvements and landscaping to serve 466 units in connection with a previously approved planned unit development. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Jim Golden, Senior Planner explained staff and the Planning and Zoning Board recommended approval, subject to staff com- ments. The accompanying site plan had been tabled for aesthetic reasons. Mr. Dan Shalloway stated they had unintentionally missed the Planning and Zoning Board meeting. The preliminary plat had been approved. Questions had been raised which couldn't be answered and Mr. Shalloway indicated that since it was the ~eveloper's fault, they were happy to come back. They were Scheduled for site plan review at the next meeting. The Community Appearance Board had approved the landscaping. Mr. Shalloway stated they did want to have the preliminary plat approved at this time because that would set the bond amount. Vice Mayor Wische moved to approve the preliminary plat as ~ecommended. Commissioner Artis seconded the motion which Carried 4-0. The Vice Mayor stated the Community Appearance Board had made certain recommendations which the applicant agreed to. Commissioner Weiner asked how the CAB could make aesthetic ~ecommendations on a preliminary plat. The Mayor asked if the site plan had to go back to the Community Appearance Board. Mr. Shalloway indicated they were going back to the ~lanning and Zoning Board and the Community Appearance Board gn the site plan. G. Project Name: Agent: Owner: Location: Description: Florida Motor Vehicle Inspection Station at Quantum Park Richard Tucker Quantum Associates West of Interstate 95, between the Boynton (C-i6) Canal and Miner Road SITE PLANS: Request for site plan and use approval to construct a motor vehicle emissions testing facility on 1.77 acres (Lot 89A and a portion of Lot 89B) at the Quantum Park of Commerce Planned Industrial Development. ~im Golden~ Senior Planner stated the Planning and Zoning ~oard had approved this use, subject to staff comments and he revised access plan which was submitted. Concerning the 9ite plan, the applicant proposed construction of a State ~perated facility to test emissions of motor vehicles. Mr. Golden noted staff had not had an opportunity to review the · evised access plan. The Police Dept. had expressed some ~oncerns about the configuration of a median at the site. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Commissioner Weiner moved to approve this application, con- tingent on administrative approval of staff in regard to the access issue. Vice Mayor Wische seconded the motion which carried 4-0. H. Project Name: Agent: Owner: Location: Description: Long Warehouse and Light Industrial Complex Ted Powell Doug Long & Richard Blumberg South Congress Ave. at S.W. 30th Ave., northeast corner SITE PLANS: Request for site plan approval to construct a 31,917 sq. ft. automotive care center and ware- house complex on 3.39 acres. Attorney Alan Ciklin explained this parcel was part of the Lawson Industrial Park and was zoned M-1. The proposed auto care facility would include a quick lube, car wash, a tune up/car care facility and some warehousing. These uses are permitted in M-1. The Planning and Zoning Board recommended denial of this ~equest based on the Planning Dept.'s comment that the pro- posed layout and design of the project is inconsistent with ~he Comprehensive Plan. The Community Appearance Board Voted in favor of the site plan. Mr. Ciktin referred to a provision in the Comprehensive Plan that says sites along this portion of S. Congress Ave. can- not have garage doors facing Congress Ave. Mr. Ciklin ~tated that this site plan does not have garage doors facing ~ongress. He thought this issue had become distorted at the ~lanning and Zoning Board meeting. They had discussed Whether "facing" meant "visible from." Mr. Ciklin thought ?facing" meant exactly that, not visible from. He referred ~o other industrial uses along Congress where garage doors ~re visible from Congress. He stated instead of using garage doors, the client was contemplating using glass win- ~ow pane type covers over the drive through bays at the rear ~here the bays don't face Congress. If the Commission Vished, the applicant was willing to leave the bays facing Congress open and not cover them. The applicant had agreed ~o landscape the medians on both S.W. 30th Ave. and on ~ongress Ave. Vice Mayor Wische noted this was the third rendering of how ~o handle the bays on the car wash. Discussion ensued about ~he definition of gates vs. doors. Mr. Ciklin stated the ~pplicant was willing to use a wrought iron decorative gate or handle this in whatever manner the Commission felt was best. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Commissioner Weiner felt the three open "tunnels" facing Congress Ave. was what was inconsistent. She felt the open- ings themselves constituted garage doors. Mr. Ciklin stated there were no doors there at all. Tim Cannon, Interim Planning Director thought what they were proposing was a garage door. He stated even if the door isn't there, you would still see the service area inside the building. Mr. Cannon interpreted the Plan to mean that they couldn't have any service areas facing Congress Ave. The Mayor didn't agree with this interpretation. Comments were made about other openings with no doors that &re visible from Congress Ave. Mr. Ciklin wanted to be treated equally. Mr. Cannon stated the requirement con- kerning garage doors had been in the Comprehensive Plan only ~ince 1986. It was possible there were buildings along this M-1 zoned strip that were built prior to 1986. Whether the Commission wanted them to have no doors, gates, louvered doors, etc., Mr. Ciklin indicated they would work with the City. He didn't feel there was any prohibition against an opening. Commissioner weiner referred to a problem with the ~ngress/egress on S.W. 30th Ave. She noted S.W. 30th Ave. was very narrow and in this area is somewhat dangerous. If ~n automotive facility is added, she thought the situation Would be aggravated. Mr. Ciklin stated primary access was ~ff Congress. S.W. 30th Ave. was a secondary access for the Warehouses. ~aurice Rosenstock, 1 Villa Lane, Boynton Beach, referred to ~im Golden's memorandum No. 90-115 to the Planning and $oning Board. Concern had been expressed over openings where cars would be visible coming and going on Congress Ave. Mr. Rosenstock stated to his knowledge, from Lake Ida Rd. to Boynton Beach Blvd. along Congress, there are no garage doors or major openings facing directly onto ~ongress. Reference was made to Section 8-E of the Comprehensive Plan. Motion Commissioner Weiner moved that the request for site plan approval to construct the automotive care center and ware- house be denied. Vice Mayor Wische seconded the motion. The Mayor didn't feel there was any violation as there were no garage doors facing Congress Ave. The Mayor called for a tote on the motion. The motion failed as the vote was 2-2. The Mayor and Commissioner Artis voted against the motion. Vice Mayor Wische moved to get a definition of whether an '!opening" is considered a garage door. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 City Attorney Cherof stated there was a great deal of ambi- guity which could be interpreted against the document. On the other hand, from one of the definitions that had been considered, it was clear that a secondary definition of a door would be an entry or an exit. He thought it was an open question. Attorney Cherof didn't want to "shoot from the hip" in giving a legal interpretation. He preferred the matter be tabled so this could be researched. Motion Mayor Moore passed the gavel and moved to approve the appli- Cation. Commissioner Artis seconded the motion which failed ~-2. The Vice Mayor and Commissioner Weiner voted against ~he motion. The application will be scheduled on the next regular Commission Agenda at which time the City Attorney will pro- ~ide a legal opinion on whether an opening constitutes a ~arage door. ~. ii. Sign at Boynton Beach Plaza !Jim Golden, Senior Planner stated this came to the ICommission with a recommendation for approval from the CRA, IDowntown Review Board and staff. Two issues had been unre- Isolved. One involved free standing signs. The Planning and IZoning Board requested the Commission look at the Sign iOrdinance with respect to free-standing signs in the CBD and iaddress this specifically. The other issue concerned the iconsistency of the size of lettering with the design guide- ilines. iTony Spano, General Contractor stated there are recommended iletter sizes in the Code, based on square footage. The only iobjection he had related to cabinet signs on the building Ifaces. This proposed sign is 3' X 8' or.24 sq. ft. A 3" !capital letter was being recommended which Mr. Spano felt iwould not be visible from Federal Highway. The Code states ifor 25 sq. ft. of signage they could have a letter 7" in iheight. The applicant would like to use a 7" capital !letter. Vice Mayor Wische moved to approve the application with a 7" capital letter in the 24 sq. ft sign. Commissioner Artis seconded the motion which carried 4-0. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-5 Re: Repair of Motor Vehicles in C-3 25 MINUTES - REGULAR CITY COMMISSION MEETING ~.~ BOYNTON BEACH, FLORIDA MAY 15, 1990 City Attorney Cherof indicated this was the second Public Hearing on this Ordinance pursuant to FS 166.041(3)(¢). Attorney Cherof read proposed Ordinance No. 90-5 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX A, ZONING, SECTION 6.C.l.cc. AND 1B.d., ALLOWING FOR REPAIR OF MOTOR VEHICLES SUBJECT TO CERTAIN LIMITATIONS AND CONDITIONS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any public input in connec- !tion with this proposed Ordinance. As there was no response !from the audience, THE PUBLIC HEARING WAS CLOSED. iCommissioner Weiner moved to adopt proposed Ordinance No. 190-5 on second reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City iClerk as follows: Commissioner Artis - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 4-0. 2. Proposed Ordinance No. 90-7 Re: Adult Entertainment City Attorney Cherof indicated this was the second Public Hearing on this Ordinance pursuant to FS 166.041(3)(c). Attorney Cherof read proposed Ordinance No. 90-7 by title "~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, READOPTING THE PROVISIONS OF ORDINANCE 89-12; ADOPTING REASONS AND FINDINGS FOR ZONING REGULATIONS RELATED TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING SECTION A - ZONING TO REDUCE DISTANCE REQUIREMENTS AND TO APPLY SAID DISTANCE REQUIREMENTS TO RESIDENTIAL ZONING DISTRICTS, PUBLIC USAGE DISTRICTS OR RECREATION DISTRICTS; PROVIDING FOR ADULT ENTERTAINMENT ESTABLISHMENTS AS PERMITTED USES WITHIN C-3, C-4, PID AND M-1 ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input on this proposed ordinance. Marlene Roese, 500 S.W. 8th Place, Boynton Beach stated she Was against this Adult Entertainment Ordinance. She felt adult entertainment brings in drug problems, prostitution and other crimes. Once there is a precedent, she felt there would be a problem. Mayor Moore explained to Ms. Roese that the Commission agreed with what she was saying and that was why the Ordinance was being passed. He thought that should be ~larified. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. ~ommissioner Weiner moved to adopt proposed Ordinance No. i90-7 on second and final reading. Vice Mayor Wische~ iseconded the motion and a roll call vote was taken by Sue iKruse, City Clerk as follows: Commissioner Weiner - Aye Mayor Moore Aye Vice Mayor Wische - Aye Commissioner Artis - Aye iThe motion carried 4-0. 13. Proposed Ordinance No. 90-9 Re: Code Change to Parking Lot Ordinance City Attorney Cherof read proposed Ordinance No. 90-9 by title only: "A~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE X. PARKING LOTS. SECTION 5-141. DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ARTICLE X. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." iCommissioner Weiner moved to adopt proposed Ordinance No. 90-9 on second reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: 27 MINUTES - REGULAR CITY COMMISSI°N MEETING BOYlqTON BEACH, FLORIDA MAY 15, 1990 Commissioner Weiner - Mayor Moore - Vice Mayor Wische - Commissioner Artis - Aye Aye Aye Aye The motion carried B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90- Re: Board Members (Previously TABLED) 2. Proposed Ordinance No. 90- Re: Recall Provision (Previously TABLED) City Manager Miller indicated these two proposed Ordinances were still being researched and should remain tabled. Mayor Moore had requested the City Clerk poll the other 37 municipalities in Palm Beach County. Of the 37 polled, 8 municipalities have recall provisions and 27 do not. The City Clerk was unable to get answers from the remaining 2. The Vice Mayor noted Commissioner Olenik was going to bring back a report from Tallahassee on this topic. C. Resolutions 1. Proposed Resolution No. 90-W-WW Re: Public Service Tax Revenue Bonds Series 1990 - MBIA City Manager Miller stated this Resolution would do several things. The Commission was adopting the preliminary re- placement memorandum dated April 30, 1990 (labeled Exhibit 'IA") relative to the $7,000,000 bond issue. The Term Sheet ~labeled Exhibit "B") noted the interest rates for the 20 year period average about 7.3%. The commitment letter (labeled Exhibit "C") related to the MBIA insurance on the bonds. The City Manager commented there would be a Special City Commission meeting in connection with the bond closing On Monday, May 21, 1990 at 5:00 P.M. ~ity Attorney Cherof read proposed Resolution No. 90-W-WW by ~itle only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FORM AND CONTENT OF A PRELIMINARY PLACEMENT MEMORANDUM DATED APRIL 30, 1990 RELATING TO THE CITY'S PROPOSED PUBLIC SERVICE TAX REVENUE BONDS, SERIES 1990; RATIFYING THE USE OF SUCH PRELIMINARY PLACEMENT MEMORANDUM IN CONNECTION WITH THE PLACEMENT OF SUCH BONDS; APPROVING THE AGGREGATE 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 PRINCIPAL AMOUNT, MATURITIES, INTEREST RATES AND REDEMPTION PROVISIONS OF SUCH BONDS, IF AUTHORIZED TO BE ISSUED ON MAY 21, 1990; AUTHORIZING THE EXECUTION OF A COMMITMENT FOR BOND INSURANCE; AND PROVIDING AN EFFECTIVE DATE." Uice Mayor Wische moved to adopt proposed Resolution No. 90-WWW. Commissioner Artis seconded the motion. Mayor Moore referred to Exhibit "C" which' addressed au%hori- zation for bond insurance. He didn't know how it came a~out that MBIA was to receive the "up front" premium of approxi- mately $72,000 or why the City was to pay for the rating services to Moodys for $7,500 and to Standard & Poors for $5,500. The Mayor understood the 1.25 was to include this initially. The Mayor thought there was only about three companies that write this type of insurance and he thought the City could get a lower bid than $72,000. He suggested the information be provided to outside people to see if there could be a lower bond premium obtained. He thought there was sufficient time to do this. Commissioner weiner thought it was irregular that the City recently took the sole source bid from Sun Trust on a 9.25 million dollar bond without ever giving anyone else a chance to come forward and indicate what kind of an interest rate they would give the City. She noted sole source items had been a "sticking point" with the Mayor in other instances. She also was against sole source bidding and agreed another bid should be obtained. The Mayor thought the reason for going with the sole source bid from Sun Trust was because of an emergency situation. Other remarks were made. The Mayor recommended this Resolution be adopted but the reference to the adoption of Exhibit "C" be deleted and the City try to get a lower bid than $72,000. Mark Raymond, Bond Counsel explained there were three com- panies in the business of issuing municipal bond insurance policies. MBIA is the insurer of the 1986 bonds. The 1990 bonds, if authorized, would be payable on a parity with the 1986 bonds. If for some reason one bond issue had money problems, both would have money problems. If MBIA is forced bo pay bonds under the 1986 Resolution, whoever insures the ~990 bonds would be paying those bonds. That was one reason for using MBIA, notwithstanding what their bid might be. Mr. Raymond stated it might be unlikely to find another insurer besides MBIA, although the City may have been able to do so. MBIA was familiar with the deal. Mr. Raymond felt a bid of .4% of the total debt service on the bonds was a good bid on bond insurance. If the Commission wanted to go out and seek additional bids, that could be done, 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 however, there was no way the bond issue would close on time if that was done. The Mayor didn't agree and thought ~[~ could be done in time. The Mayor was interested in why we didn't check with all three companies. Hank Harris of Sun Bank repeated the pre- vious two bond issues are insured by MBIA. The City had a very uncommon bond issue to put out in the marketplace. The Commission had expressed the desire previously to close the bond issue by the May 24, 1990 payment date. To do that it Vas necessary to begin negotiations immediately with one insurer. If three insurers had been negotiated with simultaneously, in Mr. Harris' opinion, the three would have been less likely to negotiate in good faith. He made this Statement based on experience in other bond areas. Had they ~ot come back with a very strong bid, they would have then ~id it out. Because the City had good experience with MBIA %n the past and because of the good bid, they had recom- mended the City go with MBIA. Other remarks were made rela- $ive to a bid submitted by Huff. Mr. Harris stated when Sun ~ank initially bid, they believed they had bid on the long term financing and the interim. The Mayor wanted to make sure there was no intention on the ~art of Sun Trust to try and pass the ratings back onto the ~ity as recommended in the memorandum. Mr. Harris stated it was his understanding that Sun Bank's bid of 1.25 was ini- tially a bid only for their services as bond underwriter. The Mayor replied Sun Trust was to pay everything except the bond insurance premium, including attorney fees. In further negotiation after they agreed to the 1.25 discount, Mr. ~arris understood Sun Trust was to pay all expenses with the exception of bond insurance and rating agency fees. Mr. ~arris stated when you have bond insurance on a bond issue, the rating agency fees are payable by the bond insurance company and are dictated by the bond insurance company. They come as a package. The Mayor felt that was wrong and further technical discussion ensued. Hr. Raymond noted that until April 1, 1990 MBIA did not ~eparately break out the rating fee. The City would have paid a single fee to MBIA. They would have paid the rating ~gency. The Mayor replied, "Not if I would have known about I don't care what it is." Beginning in April, Mr. Raymond explained they also started requiring the issuer to ~ay the rating agency directly and they started requiring ~hat both rating agencies rate the bonds instead of just one rating agency. Grady Swann, Finance Director indicated it was his Understanding the City was only liable for the actual insurance premium. 30 MAY 15, 1990 The Mayor stated Mr. Harris' understanding was not what the Commission had approved. Other remarks were made about this misunderstanding. Skip Miller, Attorney for Sun Trust stated the action the Commission was being asked to take at this meeting did not include entering into a formal agreement with Sun Trust to place the bonds on the City's behalf. That action will be proposed on May 21, 1990. He thought it might be wise to postpone that part of the decision until May 21, 1990. At this time, the Commission was being asked to establish the interest rate and the terms of the bonds. Fine print in legal documents was examined regarding who was responsible for certain costs and discussion ensued. Mr. Harris understood it was not Sun Trust's responsibility, but he was willing to strike a middle ground and split the expense. He wanted to make the transaction happen the way ~t was envisioned. The City Manager agreed that was the way to go. Vice Mayor Wische moved to approve the Resolution with Exhibit "C" being amended to show Sun Trust will pay $6,500 Of the charges. Commissioner Artis seconded the motion which carried 4-0. 2. Proposed Resolution No. 90-XXX Re: Child Care Lease Agreement iCity Attorney Cherof read proposed Resolution No. 90-XXX 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 LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH CHILD CARE CENTER FOR THE PURPOSE OF FORMALIZING THE EXISTING RELATIONSHIP BETWEEN THE PARTIES, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." iCommissioner Weiner moved to adopt proposed Resolution No. iXXX. Vice Mayor Wische seconded the motion which oarried !4-0. 3. Proposed Resolution No. 90-YYY Re: Acceptance of substitute Letter of Blum Plat f/k/a Lakeside Credit - city Attorney Cherof read proposed Resolution No. 90-YYY by title only: 31 MINUTES -~REGULAR CITY COMMISSIO~ MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF THE MINDY HILL SURETY AGREEMENT FOR THE 'BLUM PLAT", A REPLAT OF A PORTION OF THE SUBDIVISION OF SECTIONS 29 and 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA." Vice Mayor Wische moved to adopt proposed Resolution No. 90-YYY. Commissioner Weiner seconded the motion which carried 4-0. D. Other Water Service Agreement within Tropical Terrace Subdivision a) Bonny Lynn Shelton - Lot %174 ~ommissioner Weiner moved to approve this water service ~greement. Vice Mayor Wische seconded the motion which Carried 4-0. Discussion of Special Assessment Lien 87-10 Resolution No. 87-BBBB City Attorney Cherof stated this Special Assessment Lien was Originally in the amount of $20,403.01 and had accrued iinterest at 8% since May 9, 1988. The collectable amount at ithis time is about $30,000.00. An offer had been made by iBank Atlantic, who is servicing the property for the holder ~f the current tax fee, to settle the lien claim for i$10,000. This related to an empty lot in the northwest sec- Ition of the City. iCommissioner Weiner moved to accept the settlement offer. iVice Mayor Wische seconded the motion which carried 4-0. i3. Refusal of Mayor to Sign Contracts, Appointment Letters or Other Documents Commissioner Weiner explained on May 1, 1990 the Commission in a 4-1 vote appointed Marina Haberman to the Code Enforcement Board. The Mayor had chosen to not sign Mrs. Haberman's appointment letter. Commissioner Weiner stated the same thing happened with City Manager Miller's iemployment contract with the City. The vote had been 4-1 to !approve that contract and the Mayor refused to sign that. iCommissioner Weiner wanted to know how the Commission could iensure that their decisions are in fact executed and carried !out. iMayor Moore stated the appointment letter is simply notifi- cation and has nothing to do with the legality of the 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 appointment. The Mayor stated he was not comfortable with the language in the form appointment letter and his conscience would not allow him to sign it. The Mayor stated he would be sending the appointment letter back to the City Clerk to be redrafted for signature by the Vice Mayor. Commissioner Weiner asked if it was incumbent on the Mayor %o sign such a form letter. City Attorney Cherof responded ~he Mayor is empowered under the Charter to sign all docu- dents that require formal signature on behalf of the City. The Vice Mayor is empowered to act in the absence of the ~ayor. There is nothing in the Charter that requires an administrative act, such as notification, to be performed by ~he Mayor. If the Mayor did not wish to sign legal documents or appointment letters approved by the Commission, Commissioner Weiner wanted the Commission and City Manager to be advised promptly. The City Attorney would then have to take steps to ensure those documents are executed. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach asked if Marina Haberman's appointment to the Code Enforcement Board stood in the absence of the appointment letter signed bY the Mayor. Vice Mayor Wische responded the Commission had voted to appoint Mrs. Haberman to the Code Enforcement Board, therefore she is on the Board. Relative to the issue of possible Code violations, Don ~aeger, Building Official had provided a report dated May ~5, 1990 which indicated White Palms Fire Equipment did not have a Boynton Beach occupational license. The firm had ~een sent an application for a home occupational license. Upon receipt of the application, Mr. Jaeger's memorandum ndicated the City would be able to license the company. ommissioner Weiner reminded the Commission it had decided ~o "forgive" persons who were not in compliance with occupa- tional licenses to encourage them to come into compliance. The Mayor countered this situation had existed for ten years ~nd other remarks were made. ~ynthia Greenhouse stated White Palms Fire Equipment does ~ot need a City occupational license. The company had a pecialty contractors County-wide municipal license. ection 13-35 of the Code of Ordinances was referred to Which indicated holders of this license are not required to Obtain City occupational licenses. Ms. Greenhouse had con- ~acted the City's Occupational License Division and the City's computer records only go back to 1987/1988. Also A1 Newbold, Building Permit Administrator, in his May 15, 1990 ~emorandum to the Building Official had indicated this violation had existed since 1982. Although Ms. Haberman had 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 not kept expired City licenses, she did have a cancelled check dated September 14, 1985 which was used in ~uayment of an occupational license at that time. The County had advised the Habermans that since they had the County license, they no longer needed the City license. Ms. Greenhouse thought the City should be more careful when it says this business never had a City license. The Mayor stated this was provided they didn't have a busi- ness located within the City limits. The Mayor thought the City Attorney should issue a legal opinion in this regard. City Attorney Cherof stated he would research this and pro- vide an opinion. 4. Conditional Acceptance of Deeds Re: Citrus Park Plat City Attorney Cherof explained there are Deeds that have been tendered to the City with respect to the Citrus Park plat. It was requested the City accept these Deeds as dedi- Cations with respect to Plat requirements. There was a recommendation that the Commission accept the Deeds issued Upon the two elements set forth in the May 15, 1990 memoran- dum prepared by Vincent Finizio, Acting Assistant to the City Engineer. Vice Mayor Wische moved to accept the recommendation, sub- ject to the conditions set forth. Commissioner Weiner Seconded the motion which carried 4-0 OLD BUSINESS Property appraisals - Boynton Beach property adjacent to the Ocean Ridge City Hall City Manager Miller proposed obtaining an appraisal from Johnson and Parrish, Inc. at a cost of $2,250.00 on the Southern lot only. If this were to go out for RFP, several months would be involved. The Mayor remarked if Boynton Beach does strike a deal with Qce~n Ridge, it had to be contingent on obtaining the proper zlonlng to authorize the parking. The City Manager agreed. qommissioner Weiner added, "...and that we get a bridge aicross Boynton Beach Blvd." ~ice Mayor Wische moved to accept the recommendation of the C!ity Manager. Commissioner Weiner seconded the motion which c!arried 4-0. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 B. Nuisance Abatement Board Commissioner Weiner asked what had happened to the idea of a Nuisance Abatement Board. Remarks were made about finding an attorney to serve on this Board. The City Manager com- mented the City did find an attorney. He added the County also had a Nuisance Abatement Board which the City of Boynton Beach did have the latitude to utilize. The only problem was the City could not opt to go with the County's Board when we in fact have our own established by Ordinance. If we go with the County, we would have to repeal our local Ordinance and then we could process our cases through the County. The Mayor asked for a memorandum to that effect from the City Manager which could be examined at the next regular meeting. Bill from Walter Keller City Manager Miller referred to the bill from Walter Keller which had been questioned at the last Commission meeting. Mr. Miller noted this invoice in the amount of $7,075.00 was ~or the release of Mr. Keller's 10% retainage under'the contract for preparation of the Conservation, Coastal Management and Traffic Circulation Elements of the Comprehensive Plan. Vice Mayor Wische moved to release the payment. Commissioner Weiner seconded the motion which carried 4-0. NEW BUSINESS A. Items for discussion requested by Commissioner Bob Olenik, Jr. i. Time Limits at City Commission Meetings This =opic was discussed at the beginning of the meeting. 2. Florida League of Cities General Counsel Jim Wolf nominated for Judiciary The Mayor assumed Commissioner Olenik desired support for ~he nomination of Jim Wolf, General Counsel to the First District Court of Appeal. City Manager Miller read proposed Resolution No. 90-ZZZ by ~itle only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RECOGNIZING THE MANY SERVICES AND TALENTS OF JAMES ROBERT WOLF AND URGING HIS APPOINTMENT TO FLORIDA'S FIRST DISTRICT COURT OF APPEAL." 35 Mi~UTES - REGULAR CITY COMMISSION MEETING BOYNTON B~ACH, FLORIDA MAY 15, 1990 Commissioner Weiner moved to approve proposed Resolution No. 90-ZZZ. Vice Mayor Wische seconded the motion which carried 4-0. 3. Discussion on Code Enforcement Vice Mayor Wische will bring this topic up later in the meeting. 4. North Federal Highway Task Force This topic was not discussed. 5. Policy on Advisory Board Reports This topic was not discussed. B. State of Florida - Dept. of Transportation Rights-of-Way Acquisition Request for Emergency Appraisal of Public Land City Manager Miller explained the City had 120 days to pro- cess appraisals. If we go out for RFP, we may miss that deadline. The Mayor asked if the State decided not to condemn, would the City be stuck with an appraisal. Vincent Finizio, Acting Assistant to the City Engineer responded this was moving forward. They will be widening Boynton Beach Blvd. and the sum of money is reimbursable. If the City is not happy, there is an appeal process. Mr. Finizio noted there is a residence in proximity to the taking so this will make the appraisal higher because of the potential damages. Vice Mayor Wische moved to approve the recommendation of Mr. Finizio. Commissioner Weiner seconded the motion which Carried 4-0. C. Partial funding for Emergency Signalization System - Municipal Fire Station 93 - Congress Ave. at Miner Rd. City Manager Miller explained it would cost $30,000 to install traffic signalization at this intersection. The County initially said the City would have to pay the entire figure but was now agreeable to the City paying $10,000. The County will pay the remaining $20,000. Vice Mayor Wische moved to accept this offer. Commissioner Weiner seconded the motion which carried 4-0. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15,. 1990 D. Report on Boynton Beach Education Committee by Zita Areman Zita Areman, 1 Clubhouse Lane, Boynton Beach reported that as a result of the Committee's meeting, they had established contact with the Palm Beach Board of Education administra- tion. Boynton Beach is the second City in the County to form a committee of this type to take a look at the schools and how they are meeting the needs of the children. Ms. Areman referred to Project Mosaic which is a County Committee established to take a look at the schools. The Boynton Beach Chamber of Commerce also has an Education Committee. Ms. Areman stated her committee would attempt to touch base with any and all committees in the County. She ~hanked Mr. Wilfred Hawkins for introducing the committee to a woman from Delray Beach who shared information on Delray Beach's Committee. Ms. Areman stated the committee Would provide the City with interim reports and notices of ~heir meetings. She encouraged the Commissioners to provide input. E. Items for discussion requested by Mayor Gene Moore Fourth of July Celebration The Mayor had ~uggestion on by moving the asked the City Manager to circulate a how the City could save the $5,000 barge fee July 4 fireworks to Caloosa Park. Commissioner Weiner felt the celebration should remain where it was. The Vice Mayor supported the Mayor's idea if it would not result in any loss in service. Remarks were made ~bout possibly making hot dogs and soft drinks available to the public. Olivia McLean, Director of Risk Management remarked the ounty would probably make the City indemnify them. The ity would do that under its self insurance policy. The City carries a spectator liability policy for $300,000. The fireworks company is being required to indemnify the City with a $1,000,000 policy. A change in location would not affect these things as long as the City met all the safety factors involved. Remarks were made about recreational facilities Caloosa Park has. Charles Frederick, Director of Recreation and Parks commented that moving the celebration would be breaking a 20 year tradition of having a water based show at the Inlet. He noted about nine years ago the City tried holding it on a vacant lot on Congress Ave. and it wasn't as successful as it normally is. Caloosa Park was not built at that time. Mr. Frederick thought the fireworks company should be given ~he courtesy of examining the Caloosa Park site. He thought they would probably be agreeable. 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Commissioner Artis moved to hold the July 4th celebration at Caloosa Park in order to save $5,000. The money could be saved or it could be spent on additional fireworks or spent in another way. Vice Mayor Wische seconded the motion which carried 3-1. Commissioner Weiner voted against the motion. Report on Seppala & Aho Lawsuit The Mayor had requested an update. City Manager Miller reported a meeting had been held to review field orders and S & A requests for change orders. They made it through the field orders with no problem. However, there were some problems with the S & A requests for change orders. These traditionally have been denied by the architect. Miller & Meier are no longer the architects, however, and have "removed themselves" from this job. In talking with the City Attorney, Mr. Miller stated he needed to find out whether these change orders are valid due to discrepancies in the plans or omissions in the plans. The City Manager would be bringing in an architect from Gee & Jenson, who is a specialist on change orders, who will assist in review to ensure validity or to help determine whether the finger should point to Miller, Meier error. Practice of Planning & Zoning Board to Table Matters Rather than Letting them Proceed - Need for Policy This topic was not discussed. F. Code Revision Committee Vice Mayor Wische remarked that a citizen had suggested for- mation of a Code Revision Committee to go over the Code as some sections were written 35 years ago. The Vice Mayor thought the idea itself was good but he was not in favor of an ad hoc committee. He suggested staff and the City Attorney look into shoring up the Code. City Manager Miller stated he had discussed this topic with the citizen and advised the person he would prefer to do this administratively. He noted some areas of concern would be addressed in the Land Development Regulations which we now have to undertake pursuant to our Comprehensive Plan. CITY MANAGER'S REPORT Meal Tax Proposal City Manager Miller asked if the Commission wanted to take a Stand on this proposed 2% tax on meals in all restaurants that serve alcoholic beverages in order to fund a Convention Center Authority in Palm Beach County. 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Commissioner Weiner moved to oppose this proposal. Vice Mayor Wische seconded the motion which carried 4-0. Special City Commission Meetings The City Manager reported a Special City Commission meeting was scheduled for Thursday, May 24, 1990 at 6:00 P.M. to review value engineering. A Joint meeting with the Chamber of Commerce Board of Directors had been scheduled for Tuesday, May 22, 1990 at 6:00 P.M. This meeting will be held at the Woman's Club and will be open to the public. A Special City Commission meeting was scheduled for Monday, May 21, 1990 at 5:00 P.M. in connection with the bond issue to pay the Tradewinds settlement. Florida City/County Management Association Conference The City Manager indicated he and the Assistant City Manager Would be attending the Florida City/County Management Association Conference to be held in Tampa on Wednesday May ~6 through May 18, 1990. In their absence, Sharon Randolph, Assistant to the City Manager will be in charge. ADMINISTRATIVE ~. Engineering construction inspection services for West Water Plant Construction Project (Previously TABLED) This item remained tabled. ~. Board Appointments Commissioner Weiner moved that her Community Relations Board ~ppointment be removed from the table. Vice Mayor Wische seconded the motion which carried 4-0. Commissioner Weiner appointed Annie Matthews to the alter- ~ate position on the Community Relations Board. Mayor Moore appointed Don Fenton to the regular position on the Golf Course Advisory Committee. yice Mayor Wische appointed Joe Christiano to the alternate position on the Golf Course Advisory Committee. !ommissioner Olenik's appointment to the Golf Course %dvisory Committee was TABLED. 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 C. Consider approval to change route of Holiday Parade The City Manager stated if the Parade proceeds up Congress Ave., traffic could be closed off on one side for the Parade and yet continue moving on the other side. Commissioner Weiner moved to try the Parade on Congress Ave. Vice Mayor Wische seconded the motion which carried 4-0. The Mayor suggested some type of bus transportation be arranged for kids in the area who normally are able to walk to the Parade. The City Manager thought that was a good idea. Confirmation of date for workshop meeting and tour on affordable housing - Proposed date - June 7, 1990 at 6:00 P.M. A workshop meeting and tour of the community redevelopment area, involving the City Commission, CRA-Commercial and Staff was scheduled for Thursday, June 7, 1990 at 6:00 P.M. Commissioner Weiner asked that the Planning and Zoning Board be invited as well. There was agreement. E. Development Process Courses - Palm Beach County Home Builders and Contractors Association The City Manager reported four two-hour sessions would be held on May 23, 29, 30 and 31, 1990. ~ONSENT AGENDA A. Minutes i1. Regular City Commission Meeting Minutes of May 1, 1990 Bids - Recommend Approval - Ail expenditures in the 1989-90 Adopted Budget are approved Sale of Surplus Computer Equipment ~he Tabulation committee recommended awarding the bid to two ivendor~, Diskcomp Computer Sales of Ft. Lauderdale for 5250.00 and IAD of Lawrenceville, GA for $200.00 payable to Ithe City. The other equipment will be traded in next budget year. i2. Annual bid for metal containers The Tabulation Committee recommended awarding the bid to ~esco Sales, Inc., Hialeah, Florida. The price was outlined on the tabulation sheet. 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 3. July 4th Fireworks Display The Tabulation Committee recommended awarding the bid to the best bidder, Zambelli Fireworks Mfg. Co., Inc. of New Castle, PA in the amount of $7,000.00. C. Resolutions 1. Proposed Resolution No. 90-AAAA Re: Release of Surety - A Little Dude Ranch "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR WATER IMPROVEMENTS FOR A LITTLE DUDE RANCH, LOCATED AT 7053 HIGH RIDGE ROAD." Proposed Resolution No. 90-BBBB Re: Release of Performance Bond for Dos Lagos, PUD "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR DOS LAGOS P.U.D. A PORTION OF THE NORTHWEST ~ OF SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST." iVincent Finizio, Acting Assistant to the City Engineer ireported the developer platted in 1981. They had 21 months ito complete their pla . In 1984 they still were not icomplete. They had a remaining bicycle path that ran along ithe north property line. Since 1984 a bicycle path has never been constructed, but the County moved in and constructed Miner Rd. and within a "stepping stone" distance from the proposed bike path, constructed a concrete pedestrian pathway. The developer has asked for a release of the bond. Mr. Finizio understood the original bike path was a recreation element and the developer received credit ifor it. At staff meetings in 1987, Mr. Finizio stated pre- vious administrators informed the developer if the County built this road with the pedestrian path, they would not be responsible to build the asphalt bike path. Mr. Finizio recommended refunding the money. Proposed Resolution No. 90-CCCC Re: Release of Cash Bond for landscaping at Hunters Run Essex Pod I "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE CASH BOND FOR LANDSCAPING FOR HUNTERS RUN ESSEX POD I." Proposed Resolution No. 90-DDDD Re: Final Acceptance of Municipal Golf Course Access Roadway 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ACCEPTING FOR MAINTENANCE PURPOSES A ROADWAY KNOWN AS MUNICIPAL GOLF COURSE ACCESS ROADWAY (JOE DELONG BOULEVARD) A PUBLIC RIGHTS-OF-WAY, ABERDEEN P.U.D." 5. Proposed Resolution No. 90-EEEE Re: Approval of final plat for a re-plat of Citrus Trail "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE FINAL PLAT FOR A RE-PLAT OF CITRUS TRAIL, A P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS RECORDED IN PLAT BOOK 60, PAGES 128 thru 130 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA." Mayor Moore abstained from voting on this item. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. D. Development Plans Project Name: Agent: Owner: Location: Description: Hampshire Gardens Thomas Avalle, President Hampshire Gardens, Inc. East side of South Federal Highway, south of SE 23rd Avenue SITE PLANS: Request for site plan approval to construct a 644 sq. ft. clubhouse addition. iThis item had been pulled from the Consent Agenda and was idiscussed early in the meeting. iE. Consider approval of Emergency Purchase - 50 HP Motor Well %il iAs outlined in William Sullivan, Purchasing Director's May '7, 1990 memorandum to the City Manager, Commission approval lis required for an emergency purchase of a 50 HP Motor for !Well %11. Approval of bills iSee list attached to the original copy of ithe Office of the City Clerk. these Minutes in iG. Consider approval to purchase disposable glove case "P.I.G. Skins" for patrol officer's use Commission approval is required to purchase 121 leather cases to hold disposable gloves. The cases are attached to Police Officer's belts. The cases are to be purchased from R. M. Enterprises, Burbank, California for $2,174.70. 42 MINUTES - REGULAR CITY COmmISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 H. Payment of Bills - Month of April, 1990 See list attached to the original copy of these Minutes in the Office of the City Clerk. I. Receive and file departmental monthly activity reports Monthly Activity Reports from City Departments were made available for Commission review by City Manager Miller. Uice Mayor Wische moved to approve the Consent Agenda. Commissioner Weiner seconded the motion which carried 4-0. ADJOURNMENT The meeting properly adjourned at 10:55 P'M~ / / ~Mayor ~ ~ -~--~' ~'~%Vice Mayor ATTEST: ~Ci~ Clerk -- - Com~mis s ioner iRecordlng Secretary (Six Tapes) Commissioner 43 LAW OFFICES TERRELL K. ARLINE, P,A. PROSPERITY GARDENs - SUITE 204 11380 PROSPEK1TY FARMS RD. PALM BEACH GARDENS, FL 33410 (4O7) 775-1456 May 15, 1990 Gene Moore, Mayor City of Boynton Beach 120 E. Boynton Beach Blvd. Boynton Beach, Florida RE: 1989 Comprehensive Plan / Tradewinds Dear Mayor Moore: As you know, I represent Joseph Molina and Lake Boynton Estates Homeowners Association, Inc. and Gary Lehnertz. Please consider the following written comments with regard to the 1989 Plan now being considered by the City, specifically as it pertains to the Tradewinds site. The Tradewinds property is described under areas 8A, 8B and 8C in the Land Use Problems and Opportunities sectxon of the Future Land Use Element support documents, Appendix D of the Future Land Use Element support documents, and in Policies 1.16.4 and 1.17.3 of the Future Land Use Element, as also referenced on ithe Future Landuse Map and under the discussion of site no. 12 on page 34 of the Conservation Element support documents. It xs also referenced in Policy 9D.5.2(c) of the Capital Improvements Element. The court orders and settlement stipulations, which Effect these properties, are incorporated into the plan for the purpose of exempting them from the Growth Management Act. It is mY opinion that this results, unfortunately, in a plan that is not in compliance with state law and one that does not further ~he objectives of the local government comprehensive planning process, in violation of Section 163.3184(1) (b), Florida Statutes (1987). To begin with, the inclusion of the stipulations and court orders into the plan subject the plan to non-compliance for failure to comply with the constitutional mandate in Article 2, Section 3, of the Florida Constitution, This is called the ~eparation of powers doctrine. As you may know, this issue xs now on appeal. I personally believe that the trial court's amendment and the City's stipulation approving the amendment to the 1986 Landuse Plan without public hearing violates this provision of the constitution. Obviously, a plan cannot be in Compliance if it is unconstitutional. ADDENDUM A Mayor Moore May 15, 1990 Page two The plan presently on review as regards the Tradewinds site specifically also violates the legislative mandate contained in Chapter 163 that the City adopt a comprehensive plan which will address the requirements of state law and be consistent with state and regional plans. Specifically, it is my understanding that the plan being submitted by the City to the Department of Community Affairs exempts the Tradewinds site from numerous goals, objectives and policies contained in the various elements of the Comprehensive Plan. Of most concern to my clients are the capital zmprovements element and the conservation element. A. Section 163.3171 of the state law states as follows: A municipality shall exercise authority under this act for the total area under its jurisdiction. The City has, in fact, exempted the Tradewinds sits application of the Comprehensive Planning Act and it is from the present plan proposed for adoption. from the exempted B. Section 163.3177(2) states in part as follows: Coordination of the several elements of the comprehensive plan shall be a ma3or objective of the planning process. tn fact, the Tradewinds site has been excludsd from the ~pplication of many of the elements which would otherwise affect ~he property. These include the capital improvements element, ~he conservation element, and the future landuse element. , C. Section 163.3177(8) requires that all elements of ~he comprehensive plan shall be based upon data appropriate to ~he element. The owners of the Tradewinds site have been given a ~lean slate with which to build. There is inappropriate data ~ith regards to traffic impacts, impacts on water and sewer. The ~ite certainly does not conserve the environmentally sensitive Mayor Moore May 15, 1990 Page three / plants and speczes which have been recognized to exist on the site. Your plan specifically excludes the project from this requiremenu. D. Section 163.3177 requires that the plan be consistent with state and regional plans. It is my understanding that your plan specifically recognizes that the Tradewinds site is inconsistent with the state and regional plan mn several ways, specifically regarding the capital improvements element, roads, traffic and the policy of conservation of environmentally sensitive lands. E. Section 164.3177(d) (h) of the law requires the "Public facilities and services needed to support development shall be available concurrent with the impacts of such development." This is the concurrency doctrine. It requires that Tradewinds be developed with provlsmon for adequate roads and public infrastructure. In fact, as I understand it, because Tradewinds deems itself vested, it would not have to widen Woolbright Road, which would otherwise have been required if it came before this board today. Also, I understand that the City of Boynton Beach has difficulty providing water to its residents. In this regard, providing water to the Tradewinds site would take away the capacity to construct new projects and would adversely affect growth and development of Boynton Beach. F. Section 163.3181 requires that the public shall participate in the comprehensive planning process to the greatest extent possible. In fact, the public and my clients, specifically, had no involvement in the amendment to the 1986 p~an regarding the Tradewinds site. Rather, because of the court orders and the stipulations of the lawyers, the City went forward and gave Tradewinds everything they asked. At several hearings my clients were not even permitted to speak in opposition to the adoption of the stipulations. When the court amended the 1986 Landuse Plan, there was no public hearing before the City of Boynton Beach, no ordinance to adopt the plan amendment, and no public hearing. It was not based upon adequate studies or data. In my opinion this is legally impermissible. Mayor ~oore May 15, 1990 Page four The settlement and the plan before the City exempts the development from the traffic performance standards which were in effect at the time that the rezoning ordinance for the project were adopted with respect to the widening of the interchange at 1-95 and the six laning of Woolbright Road. This violates Section 163.3177(3) (a) (1), Florida Statutes (1987). Many of these provisions of state law have been adopted by the Department of Community Affairs in Rule 9J-5. Without reiterating all of these violations, I will mention a few. !. Landuse, zoning and impacts on public facilities for the projects, pursuant to the stipulated settlements are not based upon relevant and appropriate data, in violation of 9J- 5.005 (2)(a). 2. The court orders regarding the landuse, zoning and stipulations attached to the plan unlawfully abridge the requirement for both procedural and substantive public participation in the adoption of the comprehensive plan, in Violation of 9J-5.005(8). 3. The traffic from Tradewinds project has not been analyzed with respect to the availability of road capacity such that the adopted levels of service are maintained, in violation Of 9J-5.006(2) (a), 9J-5.006(a) (3/ (!) and 9J-5.006(3) (c) (3). 4. The Tradewinds project places high intensity residential projects immediately next to low density single family neighbor-hoods, which creates significant landuse conflicts, in violation of 9J-5.010(3) (c) (3). 5. The Tradewinds project does not provide protection Of any of the scrub habitat on the site, which is in violation of your plan's requirement of preservation of 25% of such habitat and 9J-5.006(3) (c) (6). 6. Finally, the damages awarded to Tradewinds need to be incorporated into the capital improvements element, and the effect of these damages on the provision for public services meeds to be addressed as required by 9J-5.016(2) (f). 5~yor Moore ~y 15, 1990 Page five It is my belief that the present plan proposed for amendment, and being reviewed by the Department of Community Affairs, does not go far enough with regard to the Tradewinds site. There is inadequate provision for public infrastructures, including roads. Tradewinds should be required to add a lane to Woolbright Road. Additionally, the Tradewinds site should be required to comply with several elements of the new plan, including, most importantly, the conservation element. As the City has previously been notified, the site contains a vast quantity of environmentally sensitive lands, which your plan requires to be preserved. Tradewinds should be compelled to conserve 25% of this environmentally sensitive land contained within the project itself. To conclude, Mr. Moore, I can understand that the City may accept these violations of state law as necessary in order to keep Tradewinds at bay. Unfortunately, my clients respectfully disagree with this position~ They will have to live with the project and will suffer in the future as a result of the City's failure to comply with the state's planning mandates. I would hope that this letter would be read into the record. TKA/dw WS2-110 ~tfu- ~ !submit COlBY#T5 Off T#~ BOY#TO# BE~C# COBP~E#~#SZVE PLA# 5~BMTTED BY 5TELL~ ~055Z, 6~5 ~L~e~Ln9 PLnea Boyn~on ~eacfi, FZ~.33435 5~IT~Y 56~6~ P~66 ~7 60~L 3~ POLICY 3~.l,3 Sfiouid ~L~ no~ read "Dev¢~opmCn~ ~L~fi LndLvL~ua~ ~epSLc ~an~a wL~ only ~e permL~e~ [or denaL~Lea no~ ~rea~er ~fian / d~e:{~Ln~ unL~ per acne? CONSE~VdIION NO P~66 O$ffECFIVE 4.2 I ~Lnd ~fiLa ?oiLcy unclear aa ~0 wfio~'a c~L~erLa L~ ~o be ~oZZo~ed Ln re~ar~ ~o reco~nLsed poiiu~an~a. I ~eiLeve exLa~Ln& ieveia o~ reco~nL~ed poZZutan~a exceed ~andar~a. ?ro~iema ~o mee~ a~andard~ for aur~ace and ~round If a~andarda are now 5eLn$ m e~ ~e cL~y aAali maLn~aLn exLa~Lnq rut/ace and ~round wa~e~,' auaiL~ ecuai ~an~ie~ela ~or reco~Lsed polgu~an~a. " 7~¢ cL~y afiaii conaerve and ?ro~ec~ ~fie ~uaIL~y and ~uan~L~y I DO NOT SEE d POLICY O# OCEdN O#T£dZL. ~aa~ewa~er effiuen~ dLapo~ed Ln~o ~fie ocean La Ln con~iLc~ wL~A ~Ae ~e~Lonal ~oa~ ~.2./. Im ac~ on marLne and'ea~uarLne reaour~ea mua~ ~e addre~aed. ~a ~ere a Bo~Lc~? NOR DO I SEE ~ POLICY ON ~ESTO~TION O? DISFE~BED d#D DE6~DED ESTUd~ZES. Ia ~he~e a pogLcy? PdbE 66 [~L~ podLcy doe~ noL expZaLn ~ow ~¢ cLLy Ln~enda Lo ~ea~ w¢~Z~nd~ ~nd we~nd mL~L~a~£on. #ow doer ~e c~ propoae re~uia{kona. POLICY ~.3.2 P,~6~ 6_Z ,,~E 67 dbE 67 ~ S flr=n4~e~ o~ DevcLopmen~ ~L~LaJ ~aa been removed [~om ~ALa po~Ley ~u~ ~oa~d be a pan~ o/ ~Ae p~o~ram to ac~uL~e eco~y~em~Lnce PaLm geacA C~an~y t~ now re~earcAkn~ ~AL~ mecAanL~m. ~LZZ I~S be reLn~a~ed? ~hLa ~a~.?oZLc~ a~a~e~.~a~ L~ a a?ecLfLc mec~anL~m canno~ eco~y~Lcm ~ L~ wLZZ be removed [rom hOl ea~abZL~Aed on wA¢~A¢~ ~L~e~ could be ac~uLred~ bu~ on ~L~e ~oe~ no~ chan~e beca~ae L~ ca no~ ac~uLred. ~oea ~ALa.mca~ ~Aa~ a ~L~e L~ no co oe ~a~ea c~ea~y Ln ~hL~ poZLcy. Bu{/erLn~ La no~ addreaaed on d ra~ed aL~ea. altec are adjeccn~ ~o Lndua~rLaZ ~aey wLif no~ aurvLve wL~ou~ bu~e~Ln~. T~¢r¢ ~Aou~d be no de~L~na~Lon on aeaea~¢--L/ a aL~e La ad~acen~ ~o ano~ea ~Aen ~ aAouZd be co~aLdcred Ln Lb'a en~Lre~. Con~L~a~Lon Aaa ~o Lnaure Aa~L~a~ ~urvLvaZ, eapecLall~ L~ ~ere--are endangered ~?ecke~ Ln~ol~ed. POZICy ~.~.TfSecond 7Ae Zan~ua~e ~a hoe ciear Ln ~AL~ poiLcff. I would ZL~e ~o occurcn~ on anu oareLcuZar Propcr~u POLICY E 6~ POLICY SPECIES ahd~proeeceLon of CAere ,~pecde4 4UCA a4 ~e fiorLda Scrub flay~ ZndL~o Sna~e and Gopher 'lor~oLae? There La no clear ?ro~ram on exo~Lc eradLca~Lon. WLZi ~here be a Zon~ ~erm ?to,ram ~o eaadLca~e ~anda of exo~Lc ~e~e~a~Lon LnL~Lated by ~he cL~y? POLICY ~.S./ ~e~e ~oe~ exE&~ e~a~e~e~ a~ecEe~ oR ~eve~a~ BOS#TO# BEA£# £O~P~E#EWSIVE PLA# #OVE~BE~ /9~9 199o PAqE 87-88 08#EC?ZO# 7.2 fPoZLeLe~ 7.2.1 ~k~,~ 7.2.11) L ' oca~ w~e~ qua~L~y L~ ~e eL~y/~ po~Lon o~ Zn~aacoa~ag ~Aeae ~ppcana ~o Ae no commL~men~ on ~eAaI~ o~ ~Ae c£~ ~o men~Loae~ La ~Aeae po~LcLea, ~ucA a~ ~oxLc ~e~d~e~ aemova~ amcna ~e Zan~ developmea~ ~eguZa~Lon~ ~o ?~o~L~L~ P~q~ 9/ (T#~RE ~PP~dR$ TO BE #0 POLICY I# PROTECT/O# OF T#6 ~6ST I#Did# P~6E 71Po~Lcu 7.8.6 ¢ woadLaa La ~o~ cieaa on ~A'a . ' . PA6E 93 POLICY 7.9.7. ba~Lna ~L~{n~ doe~ ~o~ appea~ ~o ~oLtc~ 7.12./ Poa2-dLaaatek kedeve~o?mcn2 akL~¢kta needa to 5e ea~a~taAed. kebuLZdtn~ be a~Zowed? Poitcg 7./2.3__ ~Aa~ L~ t&e caL~e~La? -' I woa~d ZL~e my commen~ to 6e con~Ldcked and Lncokpoka~ed woa9 and ~o ~e oL~ CommLa~Lon ~ok t~ o??oktunL~M to comment on oak p~an. 8.¸ 11:. AGENDA May 15, 1990 COMMISSION MAY ! 5 1990 APPROVAL JEFFREY ALLEN, INC. 150 U.S.2200 Golf Car Batteries Exchange Pay from Golf Course Revenue Fund- 411-727-5-345-00 4,950.00 ALLEN INSURANCE AGENCY Premium for Liquor Liability coverage for annual Softball Tournament 5/4-6/90 - Usher Insurance Company Pay from Self Insurance Fund- 622-195-5-449-00 1,085.00 ALLIED LIME 4/2/90 and 4/5/90 Quicklime Delivery of Pebble QL-Rical Bulk. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 4,239.44 AWWA RESEARCH FOUNDATION Research Subscription Program Fee, June 1, 1990 - May 31, 1990. Pay from Water & Sewer Renenue Fund- 401-332-5-470-07 2,500.00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program - April 1, 1990 billing. Pay from General Fund- 001-135-5-482-00 1,250.20 DIVERSIFIED DRILLING CORP. Periodical Estimate #32 - Test/Production Well Program for the period 3/29/90-4/20/90. Pay from Utility Capital Impr. Fund- 404-000-0-690-10 4,879.18 DUVAL FORD Specification #070-544-140 (38A) 1 Ford Ranger 4 x 4. Replacement #117. Pay from Vehicle Service Fund- 501-193-5-688-00 11,676.00 ERNST & YOUNG Professional Services rendered through March 31, 1990 in connection with the audit of the Cityts Financial Statements for the year ended 9/30/89. Pay from General Fund- 001-131-5-466-00 $7,070.00 Pay from Water & Sewer Revenue Fund- 401-393-5-466-00 1,770.00 8,840.00 GENERAL TIRE SERVICE Tires and Tubes Stock Pay from Vehicle Service Fund- 501-193-5-322-00 2,720.34 J. F. HOFF ELECTRIC CO. Periodical Estimate #1 for Motor Control Centers #1 and 2 East Water Treatment Improvements - for period 3/13/90 - 4/15/90. Pay from Utility Capital Impro Fund - 404-000-0-690-10 5,400.00 IBM S6020 AS/400 CL Programming Workshop in Ft. Lauderdale on 4/10/90 for Ann Lynn Katz and Linda Ewing. Inv.#40FP821 Pay from General Fund- 001-133-5-470-10 2,520.00 12. 13. 14. 15. 16. 17. 18. 19. 20i. 21. CO 4 SS ON WALTER H. KELLER, JR., INC A?PROVAL 7,075.00 Preparation of the Coastal Management Conservation and Traffic Circulation Elements of the Compr~~ Plan. Payment of Invoice No. 1114. (See Attached.) Pay from General Fund- 001-151-5-462-00 LAWMEN'S PHOTO 1 SONY Consumer KV13TR20 13" Color Receiver 1 PANASONIC AG2400 VHS Recorder Portable 1 PANASONIC AGCR240 Battery Cord Equipment to be used for undercover operations by organized crime unit Pay from Miscellaneous Trust Fund- 691-000-1-691-20 1,202.77 MCCANN ASSOCIATES, INC. 100 Police Exams- Booklets and Study Guides, I.D.S. Pay from General Fund- 001-135-5-395-00 1,271.88 MORGAN LEWIS & BOCKIUS Legal Services Rendered- PBA Matters & IBF&O Matters Services for March and April, 1990 Pay from General Eund- 001-141-5-468-14 5,995.62 MOTOROLA INC., COMMUNICATIONS SECTION Invoice No. 56524662 dated 12/2/89 for contract maintenance on radio system for quarterly billing 1/15/90 to 4/14/90. Pay from General Eund- 001-197-5-431-00 19,229.30 NATIONAL LEAGUE OF CITIES Annual Membership Dues for January 1, 1990 through December 31, 1990. Invoice #10A054 Pay from General Fund --- 001-111-5-470-07 1,939.00 PENINSULAR ELECTRIC DISTRIBUTORS, INC. Electrical supplies needed for the Trailer move (Art/Rec).. Pay from Self Insurance Fund- 622-195-5-440-01 2,772.60 PEROXIDATION SYSTEMS INC. Invoice #901295 for Monthly Peroxide Deliveries for 2/28, 3/7, 3/14, 3/21/90. Pay from Water & Sewer Revenue Fund- 401-352-5-365-00 25,031.57 PROFESSIONAL UNIFORM APPAREL CO. INC. 1,250 City Logo Patches to be sewn on all City issued uniforms - shirts, jumpsuits etc. Pay from Warehouse Fund- 502-000-0-410-30 1,263.81 SHERWOOD PONTIAC - GMC 3 GM Chevrolet S15 4 x 2 Pickup Trucks Specification # 070-500-140 (38) Replacements: #3, #314, #315 Pay from Vehicle Service Fund- 501-193-5-688-00 23,910.00 22. 23. 24. 25. 26. 27. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT 1,332.45 Pretreatment Ordinances/Limits #89/90 351 Pay from Utility Capital Impr Fund- 404-000~L ~ - SUNNILAND CORPORATION 20 TON 15-5-15 Fertilizer: Bulk application for ent%re golf course. Pay from Golf Course Revenue Fmnd- 4%1-726-5-366-00 SUNSTATE METER & SUPPLY, INC. Stock for emergency pipeline repairs. Pay from Water & Sewer Revenue Fund- 401-333-5-390-05 STANLEY CONSULTANTS OF FLORIDA, INC. Value Engineering Study for West Water Treatment Plant Period Ending March 31, 1990 - Invoice Number One Pay from Utility Capital Impr Fund- 404-000-0-690-10 4,969.92 WASCON CONSTRUCTION, INC. 4th payment P.O. 82469 regarding Construction Consultant Agreement for Fire Station #3 and Practice Range. Pay from Building Improve. Fund- 304-223-5-640-11 1,113.64 S.T. WICOLE CONSTRUCTION P.O. #82192 - Boynton Beach Fire Station No. 3 - Request for Appl. #5 for work thru 5/1/90. Pay from Capital Improvement Fund- 302-223-5-640-11 Per bid 8/10/89, Commission approved 12/5/89 35,640.00 28. CUES 1 Combination Video Transmission/Tow Cable Multi-Conductor Power supply to the TV/Grout Truck Pay from Water & Sewer Revenue Fund- 401-351-5-642-00 2,300.00 244,268.76 3,652.75 GERAGHTY & MILLER, INC. Professional services - New Well Construction - Western Wellfield for the period ending 3/31/90 Invoice #11064 Pay from Utility Capital Impr Fund- 404-000-0690-10 3,876.98 POST, BUCKLEY, SCHUI{ & JERNIGAN, INC. Professional Services Rendered for the period March 1- March 31, 1990. Boynton Beach Landfill - Invoice #17. Pay from Sanitation Fund- 431-341-534-962-00 1,891.28 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore reco~end payment of these bills. cott Miller, City Manager PLANNING DEPT. MEMORANDUM NO. 90-137 AGENDA MEMORANDUM TO: J. Scott Mizle~, City Manager FROM: Timothy Cannon, Acting Planning Director DATE: May 9, 1990 SUBJECT: Invoice from Walter Keller Please place the following item on. the City Commission agenda for May 15~ 1990 under "VII. OLD BUSINESS": Accompanying this memorandum you will find a copy of documents related to an invoice from Walter H. Keller~ Jr.~ inco~ in the ~mount of $7,075. This invoice was presented to the City Commission at the May 1, 1990 Commission meeting, howevers the ~ommission tabled the item until Mr. Keller's performance under the contract could be verified. The invoice is for the release of retainage under the contract between the City and Walter Keller for preparation of the Conservation~ coastal Managements and Traffic Circulation $iements of the Comprehensive Plan. Several policies in these elements were found by the Florida Department of Community Affairs (DCA) to not be in compliance with ch. 163f Florida Statutes. These policies have been redrafted by Mr. Keller and have been resubmitted to DCA. DCA has reviewed these policies informally and has found them to be acceptable. The revised ~olicies are incorporated into the draft Compliance Agreement ~etween the City and DCAf which will be presented to the Commission for their approval at the May 15, 1990 meeting. Since Mr. Keller has perzo_med all of the tasks which are required by the contract~ payment of the invoice and release of ?etainage is recommended. Timothy P. Cannon PLANNING DEPARTMENT MEMORANDUM NO. 90-105 TO: J. Scott Miller City Manager FROM: Timothy P. Cannon Interim Planning Director DATE: April 23, 1990 RE: Payment of Invoice No. 1114 - Walter H. Keller, Jr., Inc. Attached please find an invoice, as referenced above, in the amount of $7,075 in connection with the Comprehensive Plan. Payment of this invoice is recommended. Please place this item on the next regularly scheduled Commission Agenda for approval. TIMOTH~P. CANNON /bks Attachments DIRECT PAYMENT REQUISITION Please issue a check in the amount of $--7,075.00-- fez Walter H. Keller, Jr.. Inc. PO Box 9740 Coral Sprinqs, FL 33075-9740 Forz Preparation of the Coastal Manaaement Conserv~n Traffic Circulation Elements of the Comprehensive Plan {See attached). RequeSted by Timothy P. Cannon Approvals: Finance Dept. ~ity Manager Date April 25, 1990 FUND DEPT BASIC EI~E OBJ, AMOUNT 1 151 5 462 ~7,075 TOTAL 7,075 Walter H. Keller Jr., Inc. TRAFFIC & TRANSPORTATION * PLANNING · ENGINEERING · LAND DEVELOPMENT INVOICE Mr. Timothy Cannon, Acting Planning Director City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33435-0310 Boynton Beach Comprehensive Plan WHK ~0369 Invoice #1114 February 28, 1990 PROFESSIONAL SERVICES: PREPARATION OF THE COASTAL MANAGEMENT, CONSERVATION AND TRAFFIC CIRCULATION ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY OF BOYNTON BEACH THRU FEBRUARY 28, 1990: Less Amount Amount Task Due Previously Less Task Description Amount This Task Billed Retainage Total Billing This Invoice Working Paper i $7,500 Working Paper 2 $6,000 Working Paper 3 $10,500 Working Paper 4 $3,500 Working Paper 5 $3,500 Working Paper 6 $5,000 Working Paper 7 $5,500 Working Paper 8 $2,500 Working Paper 9 $4,000 Working Paper 10 $5,000 Working Paper ll $5,000 Working Paper 12 $2,500 Exist Transportation Maps $1,500 Future Transportation Maps $750 Computer Base Map-CMA $3,500 Conse,~ation El Mapping $1,500 Coastal Element Mapping $3,500 Draft El: Coastal/Conserv $5,000 Draft El:Traffic Circulation $1,500 Computer Assistance $500 ioals, Objectives & Policies Rev $4,500 nal El:Coastal/Conserv $2,500 Final El:Traffic Circulation $500 $7,500 $6,750 $750 $750 $6,000 $5,400 $600 $600 $10,500 $9,450 $1,050 $1,050 $3,500 $3,150 $350 $350 $3,500 $3,150 $350 $350 $5,000 $4,500 $500 $500 $5,500 $4,950 $550 $550 $2,500 $2,250 $250 $250 $4,000 $3,600 $400 $400 $5,000 $4,500 $500 $500 $5,000 $4,500 $500 $500 $2,500 $2,250 $250 $250 $1,500 $1,350 $150 $150 $750 $675 $75 $75 $3,500 $3,150 $350 $350 $1,500 $1,350 $i50 $150 $3,500 $3,150 $350 $350 $5,000 $4,500 $500 $500 $1,500 $1,350 $150 $150 $500 $0 $50 $50O $4,500 $4,050 $450 $450 $2,500 $2,250 $250 $250 $500 $450 $50 $50 $85,750 $85,750 $76,725 $8,575 Less Credit for Unused Printing ..... $9,o25 $1,950 Total Amount Due This Invoice ....... $7,075 10211 W. SAMPLE ROAD, SUITE 204 · P.O. BOX 9740 CORAL SPRINGS, FLORIDA 33075-9740 (305) 7553822 · (407) 732-7844 (Palm Beach) 0 0 'FOI M 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAl. PUBLIC OFFICERS NAME--FIRST NAME--MIODLE NAME COUNFY DATE 0% WHICH VOI'E OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMrUfEE THE B~RD. ~UNCIL. COMMISSION. AUTHORITY. OR COMMI~EE ON NAME OF ~LITICAL SUBDIVISION: WHO MUST FILE FORM 8B This. form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged-to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatI~, depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'143, FLORIDA STATUTES iL :CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and VVITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited ['rom knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING )kT WHICH T~-~ VOTE WILL BE TAKEN: · a should complete and file this form lbefore making any attempt to influence the decision) with the person ~'esponsible for ~lecording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agent): · The form should be read publicly at the meeting prior to consideration of the mailer in which you have a conflict of interest. PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE ~FHE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mir of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ~~--'- /l"~C~O'~ , hercby disclose that on ~*~--I~***~ ,19%~ : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: inured to the special gain of ~ q'~'~f ~'~,~ (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom Yam retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM SB * 10-86 PAGE 2 oo ) ) m oo~oo~oo~ooooooooooo~oo ¢ ~oo~ooboo~ooboo~eo~oo '~ t e e e e e t t '~1 ,too i t