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Minutes 08-07-01 MINUTES OF THE REGULAR CZTY COMM]:SSTON MEETZNG HELD IN COMMZSSZON CHAMBERS~ CZTY HALL, BOYNTON BEACH, FLORZDA~ ON TUESDAY, AUGUST 7, 2001 AT 6:30 P.M. PRESENT: Gerald Broening, Mayor Ronald Weiland, Vice Mayor Nike Ferguson, CommiSsioner Charlie Fisher, .Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager ,1ames Cherof, City Attorney ,1anet Prainito, City Clerk Z. OPENZNGS: Call to Order - Mayor Gerald Broening Invocation - Evangelist .leanette Taylor, Community Deliverance Church Pledge of Allegiance to the Flag led by Vice Mayor Weiland Mayor Broening called the meeting to order at 6:30 p.m. Evangelist ,1eanette Taylor offered the invocation and Vice Mayor Weiland led the Pledge of Allegiance to the Flag~ D. ZFYOU WI:SH TO ADDRESS THE ¢OMMZSS~ON: FILL OUT THE APPROPRZATE REQUEST FORM · GZVE Tr TO THE cTrY CLERK (ON !THE DAzS) BEFORE THE ~OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME I'NDZVZDUALS MAY SPEAK FOR THREE UN1~NTERRUPTED MI'NUTES, E. Agenda Approval: Additions, Deletions, Corrections City Attorney Cherof requested two additions to the agenda under Legal items. The first one is a closed door session to discuss the Rodda Outdoor Advertising and Goldcoast Advertising lawsuit and the second is a spedal City COmmission meeting (closed door) to discuss three labor contracts with the Police Department. Both items should be scheduled for August 21~, 2001. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda with the additions. Commissioner Fisher seconded the motion that carded unanimously. MeeUng Minutes Regular City Commission Bovnton Beach, Florida AUqUSt 7, 2001 II. Co PUBL.tC AUDZENCE: ZND~/ZDUAL SPEAKERS WI'LL BE L'rMTrED TO 3-MZNUTE PRESENTATZONS appreciative "negative senior rates since there is still appreciation to citizens Eddie Tina Smith, 15 Velaire Drive, was concerned regarding the City house. She said that she first presented her concerns to the Commission She stated that the Parks Department private contractor to do the contractor spl Steven Bell, Lantana, had that the conditions'of the~ responsibility to ensure compliance. Park and the OTHER: A. Informational Items by members of the City Commission to her 1999. ~rea. He said City's Commissioner Fisher made a moving speech to announce his candidacy for the Florida legislature in November 2002. He said that he was not resigning as a City Commissioner and would serve the remainder of his term. He thanked everyone for their support. Length of Term Expiration Date ZV. ADMZNTSTRATZVE: A. Appointments to be made: Appointment To Be Made Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 IV Fisher Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 Mayor BtOening Bldg. EM of Adj & Appeals Alt I yr term to 4/02 I Weiland Cemetery Board Alt 1 yr term to 4/02 ! Weilancl Code Compliance Board Alt 1 yr term to 4/02 Community Relations Board Reg Education Advisory Board Reg Education Advisory Board Alt III Ferguson III Ferguson IV Fisher 3 yr term to 4/03 2 yr term to 4/03 I yr term to 4/02 S yr term to 6/06 I Weiland Golf Course Advisory Committee Alt 2 (Tabled-2) ffabmed-2) ffab~ed-2) (Tabled-2) CTab~ed-2) (Tabled-2) CTab~ed-2) Meeting Minutes Regular City Commission Bovnton Beach, Florida Auaust7,2OOZ II McCray Golf Course Advisory Committee Alt 5 yr term to 6/06 II McCray Nuisance Abatement Board Alt I yr term to 4/02 III Ferguson Senior Advisory Board Alt 1 yr term to 4/02 (Tabled-2) (Tabled-2) (Tabled-2) Commissioner Ferguson nominated Michele Constantino for a 3-year term on the Community Relations Board. He also nominated Mary Coma as an alternate to the Senior Advisory 8oard. Commissioner McCray nominated 3ohn Cooper as an alternate to the Nuisance Abatement 8oard. All other appointments were tabled. Motion Commissioner Fisher moved to accept the appointments. Commissioner Ferguson seconded the motion that carried unanimously. : V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Oceanfront Concert Series on August 17, 2001, 6-9 p.m. at Oceanfront Park- Heidi and the El Cats (Acoustic Blues) B. Presentations: 1. Proclamations: V~. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a p__art of the Public Record and subject to staff comments. A. Minutes: 1. City Commission Meeting of 3uly 3, 2001 2. Special City Commission Meeting of 3uly 11, 2001 3. Special City Commission Meeting Regarding Rte Assessment - .~uly 11, 2001 4. Agenda Preview Conference of 3uly 12, 2001 5. City Commission Meeting of 3uly 17, 2001 3 Meeting Minutes Regular City Commission' Bovnton Be~ch~ Fl~riq;l~ Auqust 7~, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Award the "ROOF REPAIRS TO EAST WING OF CITY HALL COMPLEX," Bid #070-2511-01/KR, the amount of $20,300 (F EXTEND THE DUAL AWARD FOR THE "ANNUAL CONTRACT FOR .BACKFLOW pREVENTION DEVICE INSPECTION AND TESTING SERVICES," BZD #088- 2821-00/KR, TO DEE MARIA PLUMBING, INC. AND SERVICE AMERICA NETWORK, INC. FOR AN ESTIMATED ANNUAL EXPENDITURE OF $10,000 (NEW BID #084- 2821-01/KR) Approve utilizing GSA Contract #GS-03F-4079B to Security One Systems, Inc. for the purchase of a surveillance secUrity camera system for the library in the amount of $23,238.47 -- C. Resolutions: Proposed Resolution No. R01-226 Re: Approving Commercial Matedal Purchase Agreement between the Solid Waste Authority and the City of Boynton Beach for recycled material Commissioner Ferguson requested that item C.1 be removed from the consent agenda for discussion. Proposed Resolution No. R01~227 Re: Approving and executing by Resolution Task Order #01-09 with Utilities General Engineering Consultants CH2M Hill in the amount of $21,215 for engineering services for the repair of production Wells #15 and #16, investigation and pOssible modifications for prOduction Well #10, and provide technical specifications for ongoing well rehabilitation and maintenance services w Proposed Resolution No. R01-228 Re: Approving full release of surety, in the amount of $1,375, for the project known as Hess Station at HypOluxo Road and High Ridge Road, and the refunding of this amount to the developer Proposed Resolution No. RO1-229 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of .luly 19, 2001: ae Authorization to Enter into an Interlocal Agreement with the Solid Waste Authority and to Expend $156,500 from the Repair & 4 MeeUng Minutes Regular CiW Commission Bovnton Beach, Florida Au_oust 7, 2001 Replacement Fund to Pay SCRWT&DB Share of Design and Permitting Phase of the Biosolids Pellitization Project Authorization to Establish Wast,water User Rate to Cities for Fiscal Year 2001/2002 as follows: Operations & Maintenance Reserves Total 2001/2002 $0.575/1,000 GAL $0.150/1,000 GAL $0.725/1,000 GAL Authorization for Acceptance of 2001/2002 Wastewater and Reclaim O & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund) d. Authorization for Acceptance of 2001/2002Organizational Chart Proposed Resolution No. R01-230 Re: Approving a proposal from Madsen, Kneppers & Associates, Inc. for pre-litigation. support Services in the matter of the City of Boynton Beach adv. Smith & Co., Inc. D. Ratification of Planning & Development Board Action: Made Premier - 1521 NE 2nd Street (Lot #41, Block 17, First Addition to Rolling Green Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 4.B, requiring a minimum rear setback of twenty-five (25)feet, to allow a 16.58 foot variance and an 8.42 rear yard setback for a tool shed on a R- 1-A zoned parcel ~/'HE PZANNXNG AND OL~'EZOPM£Nr 80ARD~ ~ A UNANXMOUS VOTE~ R~OI41~ENDED THAT THXS RE~UEST BE DENXED DUE TO t. ACK OP HARDSHXP) e Quantum Lots 73-A - 76 - Request to construct a one-story, 196,486 square foot office/warehouse building on a 13.75-acre parcel. Of the total building area, 39,297 square feet or 19.9% will be allocated for office use Commissioner Ferguson requested that item D.2 be removed from the consent agenda for discussion. Hotel Apartment Definition/Candlewood Tower Plaza, Northeast comer of Congress Avenue & SW 30m Avenue - Request to amend the Land Development Regulations, Chapter 1, Article 2 "Definitions" by amending the definition for a "Hotel Apartment" to eliminate the maximum percentage of apartment suites allowed (APPLXCATXON HAS SEEN WTntDRA VtN ~ YAPPZXCANT) 5 Meeting Minutes Regular City Commission Bovnton Beach, Florid~ Auqust 7, 2001 E4 Approve the donation of $1,000 from the Law Enforcement Trust Fund to Florida Missing Children Approve the cabinet ir Fund Labs an evidence drying $5,165 from the Federal Treasury Forfeiture $36,083.75 to Software House ]:nternationai Contract No. 255-001-00-1 Approve Chan the amount : Fuel Lsland Additions and Upgrades project in 404.32 to Glasgow Equipment Services Approve the use of Community Development (CDBG) funds in the amount of $30,000 to reimburse Bob Katz, owner of Booker T's Restaurant located at 119 N.E. 10~ Avenue, a.k.a. Martin Luther King, .]r. Boulevard Approve purchase, from Champions SolutiOns Group of a RZSC 6000 computer hardware system in the amount of $43,136 Approve the "sole source" purchase of a Front Royal (4L) Street Clock from The Verdin Company at a cost of $19,535 Approve Addendum to Letter of Appointment for .leffrey R. Livergood, Public Works Director, and authorize the City Manager to execute the Addendum Mayor Broening requested that item L be removed from the consent agenda for discussion. Approve Addendum to Appointment Contract for William Bingham, Director of Rte Services, and authorize the City Manager to execute the Addendum NJ Approve Addendum to Appointment Contract for Quintus L. Greene, Director of Development for the City of Boynton: Beach, .and authorize the City Manager to execute the Addendum Approve Addendum to Appointment Contract for Wayne Segal, Director of Media and Public Communications for the City of Boynton Beach, and authorize the City Manager to execute the Addendum Po Approve the additional payment of engineering and inspection fees in the amount of $27,989 to Post Bucldey Schuh & 3ernigan for the Gateway Boulevard Roadway Improvement Project Motion Commissioner Ferguson moved to approve the consent agenda, as amended. seconded by Commissioner Fisher and carded unanimously. 6' Motion was Meeting Minutes Regular City Commission BovntQn BeaCh, FIQridp Auuust 7, 2001 Ttems removed for discussion: C. 1. Proposed Resolution No. R01-226 Re: Approving Commercial Material Purchase Agreement between the Solid Waste Authority and the City of Boynton Beach for recycled material Commissioner Ferguson questioned the cost of transferring matedal from Lantana to the landfill on 45~ Street. Chris Roberts, Assistant Public Works Director, stated that the landfill was an additional 30 miles away and would cost $140 more per month for fuel. However, the cost would be offset because of the revenue per month. There was a question whether there was any benefit to the City with the additional revenue since there were additional costs (e.g., additional fuel costs and labor costs). I~lotion Commissioner Ferguson moved to table item C. 1 until the ne~ Commission meeting in order to get more information. Commissioner Fisher seconded the motion that carried unartimously. D.2. Quantum Lots 73-A - 76 - Request to construct a one-story, 196,486 square foot office/warehouse building on a 13.75-acre parcel. Of the total building area, 39,297 square feet or 19.9% will be allocated for office use Commissioner Ferguson was concerned regarding the aesthetics and suggested that the office portion face ]:-95 and the warehouse face High Ridge Road. Winston Lee, developer~ agreed with Commission Ferguson; however, the code says bay doom cannot face High Ridge Road. When asked whether the Code could be changed, City Attorney Cherof stated that it could; however, this project would be governed by the existing code since it came in under the present code. -- Nlotion COmmissiOner Ferguson moved to approve item motion that carried unanimously. D.2. Commissioner Fisher seconded the Tt was the consensus of the City Commission that they would present a list of concerns (regarding this section of the code) to the City Manager and he would take them to staff to be presented to the Planning & Development Board. L. Approve Addendum to Letter of Appointment for .leffrey R. Uvergood, Public Works Director, and authorize the City Manager to execute the Addendum MeeUng Minutes Regular City Commission Bovnton Beach, Florida Auaust7,200Z Herb Suss stated that Mr. l.ivergood worked on a project in his neighborhood and he was doing a good job. Commissioner Jestioned why the ~ the Charter. city that Motion Commissioner Fisher moved to approve item L. Ferguson and carried unanimously. Motion was seconded by Commissioner VZ:[. CZTY,MANAGER S REPORT. City Manager Bressner had nothing to report at this meeting. PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Public hearing and adoption of the City: of Boynton Beach's 2001/2002 Community Development Block Grant (CDBG) One-Year: Action: Plan (PROPOSED RESOLU'r]ON NO. R01.231) .1imray Weatherspoont Urban League of Palm Beach County~ requested that his organization be considered for some of the funding for their youth programs in the fiscal year 2002/2003. Mayor Broening stated that Octavia Sherrod, Community Redevelopment Manager, would contact Mr. Weatherspoon. Commissioner Fisher said that last year it was agreed that, in the future, residents would be included on the review committee in addition to staff. Members of some of the advisory boards were .on the committee this year. He asked how it was decided who got how much of the CDBG funds. Octavia Sherrod, Co ~mmunity Redevelopment Manager, stated that the review committee discussed each application, their past history, location and activities and then divided the money between the organizations. Mrs. Sherrod informed the Commission that if this process is to be used in ~e future (i.e., including residents on the review committee), HUD requires that the majodty of the committee be residents of the target area. It was the consensus of the Commission that no additional advisory board will be created. Motion Vice Mayor Weiland mOved to approve Resolution No. R01-231. Commissioner McCray and carried unanimously. Motion was seconded by B. Project: Agent: Sprint Cellular Tower/Hester Park Julio Dumas 8 Meeting Minutes Regular City Commission Bovnton _Reach, Florida Apaust 7, 2001 Owner: Location: Description: City of Boynton Beach 1901 Seacrest Boulevard Request for conditional use approval for a 144-foot high monopole telecommunications tower with co-location capability on a 1,800 square foot lease parcel at Hester Park H{)tion Commissioner Fisher moved to approve Sprint Cellular Tower/Hester Park. Ferguson seconded the motion that carried unanimously. Commissioner Project: Agent: Owner: Location: Description: Palm Walk ACLF Lewis Feldman Ann Feldman 108 SW 19~ Avenue Request for conditional use/site plan approval to construct a ~,8- unit Congregate Care Facility on approximately 2 acres of property located on SW 19~ Avenue, approximately 100 feet 'east of Congress Avenue (R~'~Eb'T FOR POb'7'~ON£1V~'Nr UN72Z '~ ~OI¥MJ'$$1'ON M£h'77N~ OF $£FF£MB£R 4~ 200~) This item was postponed until the City Commission meeting of September 4, 2001. Project: Agent: Owner: Location: Description: Villas at Quantum Lake Hark Hanson Villas at Quantum Lake Corporation Quantum .Lakes Drive @ Quantum Boulevard Request for abandonment of a twelve (123 foot drainage easement between Lot~ 59 and 60 of Quantum Park at Boynton Beach Plat No.6 Motion Commissioner Commissioner Fisher moved to approve Villas at Quantum Lake. Notion was seconded by Ferguson and carried unanimously. ProJect: Candlewood Tower Plaza (APPI~ 'C.A T~'ON HA~ B~N W. VF//DRA WN B YAPPI. ZCANT) Agent: William Thomas Owner: Estelle Blumberg & Hega Mini Co. Ltd. Location: Northeast comer of Congress Avenue & SW 30~ Avenue Description: Request to reclassify ~,.4! acres of vacant property from Industrial (I) to Local Retail Commercial (LRC) and rezone from Ught Industrial (M-l) to Community Commercial (C-3) in connection with the development of a hotel, office/retail and stand-alone restaurant ]3(. FUTURE AGENDA TI'EMS: 9 Meeting Minutes Regular City Commission Bovnt~n Beach~ Fl~rid~ Apqpst~7, 2001 Policy on City Commission participation at Commission meetings via telephone (August 21, 2001) Proposed Resolution No. R01-216 , Re: Authorizing funding from Pa m Beach County for Addition to Boat Club Park (september 4, 2001) (tabled on ]u~v' 3~ C. Presentation by Alison Adler, Palm Beach County Safe Schools (September 4, 2001) D. Review of City Noise Regulations (September 19, 2001) E. Project Team Reports (from 55 Strategic Initiatives): 1. 1.2 Arts Commission Project (September 19, 2001) F. Report on ordinance changes for Advisory Board attendance and ~:onduct standards (September 19, 2001) G. Traffic Calming and Traffic Control Final Report (October 2, 2001) H. Redevelopment Code issues for non-conforming lots and buildings in commercial areas (N~?~mber 2001) I. FRA Whistle Ban - Report (December 4, 2001) X. DEVELOPMENT PLANS: None NEW BUSZNESS: A. Authorization for City Manager to prepare letter of request to Palm Beach County School Board to be involved in discussion of boundary committee formation City Manager Bressner said that this item may not be required now because the School Board is defining their boundary committee. The Palm BeaCh County League of CiUes has two municipal slots open on the boundary committee and the City of Beynton Beach is recommending an individual from Delray Beach to serve as a south Palm Beach County representative. Motion Commissioner Fisher moved to amend XI,A to.authorize the City Manager to prepare a letter from the City Commission to .lamie 'ritcomb of the Palm Beach County League of ClUes requesting a representaUve of the City's choice be appointed to the boundary committee. Commissioner McCray seconded the motion that carried unanimously. 10 MeeUng Minutes Regular City Commission Bovntcn Beach, Florida Auqust 7, 2001 Authorization for City Manager to prepare letter of request to Metropolitan Planning Organization regarding noise abatement and bridge structure reconstruction for Td-Rail Line expansion There was some discussion regarding who the letter should be sent to. City Manager Bressner stated that a resolution of support from the MPO would be very beneficial. Mayor Broening said that the MPO has considerable clout and credibility in Tallahassee. Tt was the consensus of the Commission that the City Manager prepare the letter to the MPO and copy the legislative delegation. MOtion Vice Mayor Weiland moved to approve item B. and carried unanimously. Motion was seconded by Commissioner Fisher XZT. LEGAL: A. Ordinances- 2"d Reading - PUBLIC HEARING - Proposed Ordinance No. 01-44 Re: Rezoning of ±5.054 acres of property from R-3, Multiple-family Dwelling, to Planned Unit Development with a Land Use Intensity of 7.0 (PUD LU[:7.0) City Attorney Cherof read Proposed Ordinance No. 01 11 by title only. There was no one present who wished to speak on this item. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-44. seconded by Commissioner McCray. City Clerk Prainito polled the Commission. unanimous. Motion was The vote was Proposed Ordinance No. 01-45 Re: Amending the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, to allow cosmetology schools as conditional uses in the C-3 zoning district, and to add a definition for cosmetology and barber schools City Attorney Cherof read Proposed ordinance No. 01-45 by title only. There was no one present who wished to speak on this item. Motion Commissioner McCray moved to approve Proposed Ordinance No. 01-45. Motion was seconded by Commissioner Ferguson. City Clerk Prainito polled the Commission. The vote was unanimous. 11 Meeting Minutes Regular City Commission Bovnton Beach, Florida A#oust7,2001 3. Proposed Ordinance No. 01-46 Re: Ordinance Firefighters Buyback City Attorney Cherof read Proposed Ordinance No. 01-46 by title only. There was no' one present who wished to speak on this item, Motion Commissioner McCray moved to approve Proposed Ordinance No. 01-~6. Motion was seconded by Commissioner Ferguson. City Clerk Prainito polled the Commission. The vote was unanimous. Proposed Ordinance No. 01-47 Re: Amending Chapter 23 of the Land Development Regulations providing for separate parking lot standards for the Community Redevelopment Area City Attorney Cherof read Proposed Ordinance No. 01-47 by title oniy. There was no one present who wished to speak on this item. Motion Commissioner Ferguson moved to :approve Proposed Ordinance No. 01-47. seconded by Commissioner Fisher. City Clerk Prainito polled the Commission. unanimous. Motion was The vote was B. Ordinances - 1st Reading 1. Proposed Ordinance No. 01-48 Re: Amending Chapter 2 of the Land Development Regulations reducing the requirements applicable to non-conforming lots City Attorney Cherof read Proposed Ordinance No. 01-48 by title only. Vice Mayor Weiland asked what propelled this ordinance. Mike Rumpf~ Planning & Zoning Director, said that staff has met several times over the past years concerning these provisions. Because of the way these provisions are written, they produce confusion and multiple interpretations. They are very stringent. The original intent of the City Commission who passed these regulations was to make it impossible to develop a non- conforming lot without a variance. These provisions do not promote current housing policies and housing programs. The majority of these lots were originally legally platted. City Manager Bressner stated that the size of a house would be determined by calculating all setbacks. Sometime after the lots were originally platted, a City Commission changed the frontage and square footage requirements, which made these lots non-conforming with no relief except on a case-by-case variation. The present code requires that the owner of a non- conforming lot make an effort to purchase adjoining property if it is vacant and this is an 12 Meeting Minutes Regular City Commission Bovnton Beach. Florida Auaust 7~ 2001 administrative nightmare. The proposed ordinance eliminates that provision which is very difficult to administer and it recognizes that lots that were allowed to be created by the City years ago should be able to be developed. City Attorney Cherof stated that this ordinance would only apply to lots platted prior to the date of this ordinance. was noted that there are approximately 50 non-conforming lots left to be developed. Motion Commissioner Ferguson moved to approve Ordinance No. 01-~3. Motion was seconded by Commissioner Fisher. Vice Mayor Weiland was concerned with storm water being diverted from these lots and questioned whether it was feasible to build swales in the side yards. City Manager Bressner said that the ordinance requiring storm water drainage would"~pply to these properties and the plan review must include a drainage plan. The property should be flagged by staff to ensure storm drainage is handled properly.." City Clerk Prainito polled the Commission. The.vote was unanimous. C. RESOLUTTONS: None D. Other: City Attorney Cherof said that he and the City Manager needed to meet with the Commission behind closed doors to discuss three collective bargaining agreements (PBA, FOP Sergeants and FOP Ueutenants) on Tuesday, August 21, 2001 at 5 p.m. City Attorney Cherof also requested a closed-door session to discuss pending litigation regarding Roricla Outdoor Advertising and Goldcoast Advertising. He suggested a meeting time of ~,:30 p.m. on Tuesday, August 21, 2001. The Commission approved both meeting times. X~. UNF]:NZSHED BUSZNESS: A. Consideration of Revision to the Guidelines for Distribution of Community Investment Funds (Proposed Resolution No. R01-232) Motion Commissioner Fisher moved to approve Resolution No. R01-232. Vice Mayor Weiland seconded the motion that carded unanimously. 13' MeeUng Minutes Regular City Commission Bovnton Beach, Floridp AI, Iqust 7, 2001 )CIV. AD.]OURNMENT: There being no further business to come before the City Commission, the meeting was properly adjourned at 7::40 p.m. CITY OF BOYNTON BEACH D~puty ~ity Cle~'k (2 tapes) 14