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Minutes 10-04-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOI~DA ON WEDNESDAY, OCTOBER 4, 2000 PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Am Call to Order - Mayor Gerald Broening Tnvocation - Mayor Gerald Broening Pledge of Allegiance to the Flag led by Vice Mayor Ron Weiland Mayor Broening called the meeting to order at 6:35 p.m. and delivered the invocation. Vice Mayor Ron Weiland led the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMI~IISSION: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COf4E TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: Additions, Deletions, Corrections Attorney Cherof requested that under XT. Legal, :Item A. 1, be tabled until October 17, 2000. 2. Adoption Commissioner Black moved to approve the agenda, as amended. Motion seconded by Vice Mayor Weiland and unanimously carried. Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 TT. ADMTNTSTRATZVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Iv Black Children & Youth Advisory Board Alt 1 yr term to 4/0::[ Tabled (3) Mayor Broening Children & Youth Advisory Board Stu/Reg/Voting 1 yr term to 4/01 Tabled (3) ! Weiland Children & Youth Advisory Board Stu/Reg/NonVoting 1 yr term to 4/01 Tabled (3) Mayor Broening Bldg, Board of Adjustment & Appeals Alt 1 yr term to 4/01 Tabled (3) T~T Sherman Education Advisory Board Reg 2 yr term to 4/02 Tabled (3) IV Fisher Education Advisory Board Alt :L yr term to 4/01 Tabled (3) Mayor Broening Education Advisory Board Alt :L yr term to 4/01 Tabled (3) Weiland Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (3) Black Nuisance Abatement Board Alt I yr term to 4/01 Tabled (3) !V Fisher Recreation & Parks Board Alt I yr term to 4/01 Tabled (2) Ill Sherman Senior Advisory Board Reg 2 yr term to 4/02 Commissioner Black acknowledged that the City had received IVlr. Larry Finkelstein's resignation from the Planning and Development Board. Commissioner Black thanked IVlr. Finkelstein for his dedication and hard work on behalf of the City. Vice Mayor Weiland moved to table his appointments. Mayor Pro Tem Sherman appointed Dorothy Howard as a Regular member of the Education Advisory Board, Mayor Pro Tem Sherman appointed Elizabeth 3enkins from an Alternate member to a Regular member of the Senior Advisory Board. Commissioner Fisher moved to table his appointments. Mayor Broening appointed Judith Braswell as an Alternate member to the Education Advisory Board. Motion Commissioner Black moved to approve all appointments, which was seconded by Commissioner Fisher and unanimously carried. TT. ANNOUNCEMENTS & PRESENTATZONS 2 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 A. Announcements: Mayor Broening made the following announcements: TNT Concert - Friday, October 20, 2000 at Oceanfront Park from 6:00 p.m. to 9:00 p.m. -"Lakoda" (Southern Rock) A Community Meeting will take place on October 9, 2000 at 7:00 p.m. in the Boynton Beach City Library to be hosted by the Education Advisory Board and the Community Forum Family and Friends Network, Inc. The topic of discussion will be school boundaries. B. Presentations: 1. Proclamations: a. "YMCA Day"- December 2, 2000 Mayor Broening read the Proclamation declaring December 2, 2000 YMCA Day in the City of Boynton in celebration of the grand opening of the new YMCA on the same date. b. Fire Prevention Week - October 8-14, 2000 Mayor Broening read the Proclamation declaring the week of October 8th through the 14th, 2000 as Fire Prevention Week and presented the Proclamation to Deputy Fire Chief .lim Ness. This week also commemorates the week of the Great Chicago Fire of 1871 which killed more than 250 persons, left 100,000 homeless and destroyed more than 1,700 buildings. For the past 80 years the National Fire Protection Association has joined North American Fire Departments each year in a shared mission to make the public safer from fire. Chief Ness informed the Commission and audience that the City of Boynton Beach Fire Department has taken a very pro-active approach to teaching fire safety and works with the children in the grade schools. Chief Ness announced that there will be a Fire Expo at the Boynton Beach Mall this weekend and on Saturday, October 7th from 11:00 a.m. to 3:00 p.m. there will be an open house. This will be the third year for the Expo and approximately 10,000 people are anticipated and everyone is invited. 2. Orientation PowerPoint Presentation - Diane Reese, Finance Director 3 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 Ns. Reese, the City's Finance Director, gave a PowerPoint Presentation and an overview of the operations of the Department, which is comprised of three divisions: Administration, Procurement and Warehouse. A copy of the presentation is attached to and made a part of the original minutes of this meeting. Ms. Reese noted that the City's Finance Department over the past 20 years has received a Certificate of Achievement for Excellence in Financial Reporting. IV. CONSENT AGENDA: A. Minutes: 3, 4. 5. 6. Special City Commission Capital Improvement Project Workshop of September 11, 2000 Joint City Commission/Chamber of Commerce Workshop Meeting of September 11, 2000 Agenda Preview Meeting of September 14, 2000 Special City Commission Meeting of September 14, 2000 Regular City Commission Meeting of September 19, 2000 Special City Commission Meeting of September 20, 2000 Bids - Recommend Approval - All expenditures are approVed in the 1999- 2000 Adopted Budget Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by staff and allow for the sale of same (Bid #002-1411-01/KR) Extend the "ANNUAL CONTRACT FOR OFFICE SUPPLIES", BID #003-1412-01/KR, to Corporate Express and Office Depot, Inc; for an estimated annual expenditure of $100,000 Approve a dual award for the "ANNUAL CONTRACT FOR BACKFLOW PREVENTION DEVICE INSPECTION AND TESTING SERVICES", BID #088-2821-00/KR, to Dee Maria Plumbing, Inc. and Service America Network, Inc., for an estimated annual expenditure of $14,000 Award "ANNUAL BID FOR DUMPSTER REPAIR", BID #093-2510- 00/KR, to Edward Lamons of Boynton Beach, Florida, in the amount of $35,000 Award the bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA), BID #089-2811-00/C]D to ].C.I. ]ones 4 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 Chemicals, Inc. of Fort Lauderdale, Florida for an annual expenditure of $173,250 Utilize General Services Administration Contract #GSA-07F-8722D for the purchase of Greensmaster tee mowers with accessories in the amount of $33,300.92; and additionally the purchase of a Lastec Articulator rough mower in the amount of $15,950 based on three competitive written quotations. Award the bid for TWO YEAR CONTRACT FOR BEACH CLEANING, BID #058-2730-00/C.1D to Beachkeeper, Tnc. of Loxahatchee for an annual expenditure of $8,700. Award "ANNUAL CONTRACT FOR LANDSCAPE MATNTENANCE'; BID #079-2730-00/KR, to various vendors for an annual estimated expenditure of $600,000 C. Resolutions: Proposed Resolution No. R00-136 Re: Approving an amendment to the agreement with Palm Beach County dated June 6, 2000 for Joint Participation and Project Funding in Construction of Lawrence Road from Gateway Boulevard to Hypoluxo Road Proposed Resolution No. R00-137 Re: Authorizing the execution of an agreement for engineering services between the City of Boynton Beach and Camp Dresser & McKee, Inc., CH2M Hill, Inc., Hartman & Associates, Inc. and Metcalf & Eddy, Inc. D. Ratification of Planning & Development Board Action: Quantum-Lot 50B (Gale :Industries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres Item D.1 removed from the Consent Agenda at the request of Commissioner Fisher for discussion. Boynton Shoppes (Side Yard Setback) - 1620 S. Congress Avenue - Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30-foot setback to allow a 12.5 foot variance 5 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 or a minimum 17.5 foot side yard setback within the Boynton Shoppes PCD. (APPLI:CANT REQUESTS POSTPONEMENT) Boynton Shoppes (Peripheral Greenbelt) - 1620 S. Congress Avenue - Request for relief from Chapter 2 Zoning, Section 5.F.7.f. requiring a minimum ten foot peripheral greenbelt within the PCD zoning district to allow a five foot variance or a minimum five foot peripheral greenbelt along a 230 foot portion of both the east and west property lines of the Boynton Shoppes PCD. (APPL]:CANT REQUESTS POSTPONEMENT) Boynton Shoppes - 1620 S. Congress Avenue - Request for new site plan approval to construct an additional 3,000 square foot building consisting of a 1,500 square foot fast food restaurant with drive-through and 1,500 square feet of retail use located on a 0.727 acre outparcel in the Boynton Shoppes PCD. (APPLTCANT REQUESTS POSTPONEMENT) Approve the expenditure for Server Upgrades and issue a purchase order to Compaq Corporation in the amount of $16,878 Approve the balance of excavation of additional material from Veronica Lake (Tract "G'~ within Cedar Ridge Estates, a PUD located east of High Ridge Road and north of Commerce Park Approve the donation from Law Enforcement Trust Fund to The Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $2,500 Authorize the allocation of an additional $30,000 in available funds for the Fa(;ade Grant Program beginning with Fiscal Year 2000-2001 Approve additional work on the Gateway Boulevard Tmprovement Project for the construction of drainage improvements'that were an oversight in the original design Item ]:. removed from the Consent Agenda at the request of Vice Mayor Weiland for discussion. Approve payment to Palm Beach County League of Cities for annual membership for FY 2000-2001 Approve a contract with Wallace Roberts & Todd, LLC to provide construction documents, permitting and construction administrative services for Boat Club Park for fixed fees totaling $124,900. 6 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 Authorize the City Manager to negotiate a contract with Wallace Roberts & Todd, LLC to provide master plan revisions, construction documents, permitting and construction administrative services for :[ntracoastal Park. Approve the purchase of twenty-two (22) mobile radios for use in the Parks Division for a total cost of $25,058. Item M. removed from the Consent Agenda at the request of Vice Mayor Weiland for discussion. Confirm the appointment of .]effrey R. Livergood as Public Works Director for the City of Boynton Beach Motion Commissioner Black moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Black and unanimously carried. D. 1, Quantum Lot 50B (Gale ]:ndustries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres (7',4Bz£z oN 9/ 9) Commissioner Fisher asked if staff agreed with tabling of :Item D.1, which was confirmed by Nike Rumpf, Planning and Zoning Director. Approve additional work on the Gateway Boulevard ]:mprovement Project for the construction of drainage improvements that were an oversight in the original design Vice Mayor Weiland noted that them is a drainage problem at the east end of Gateway Boulevard. The consultant that designed Gateway Boulevard failed to recognize that after the curbs and gutters were installed, a flooding problem occurred. Vice Mayor Weiland questioned why the City should have to pay an additional $28,000 to have this corrected. Vice Mayor Weiland asked for a status report on the negotiations with the City's consultant, Post, Buckley, Schuh and .lernigan on this additional cost. Vice Mayor Weiland said that the consultant should be held responsible for this oversight and should correct the design, as well as the construction, without cost to the City. Hr. John Guidry, Interim Director of Engineering took the podium and stated staff is in negotiations with Post Buckley. There will be some residual value to the City and staff is 7 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 working on resolving the issue. Vice Mayor Weiland requested that he be kept informed of staff's progress in this regard. Motion Vice Mayor Weiland moved to approve Item T. Motion seconded by Commissioner Black and unanimously carried. Approve the purchase of twenty-two (22) mobile radios for use in the Parks Division for a total cost of $25,058. Vice Mayor Weiland questioned the cost of the radios being purchased for the Parks Department at $1,029 each and an additional $110 to program them. Vice Mayor Weiland inquired about the brand of radio being purchased and _lohn Wildner, Parks Director, responded that the radios are the same kind being purchased by the remainder of the City. Backup for the radios had been previously submitted when the Communication's Department made the request. When the radios were originally purchased, the Parks Department had been omitted. Vice Mayor Weiland inquired why Nextel radios were not being purchased, which could be bought at about one-third less. Mr. Wildner responded that these are radios being mounted in the vehicles and communications with an entire crew needs to be maintained, which cannot be achieved with Nextel radios. Motion Vice Mayor Weiland moved to approve Item M. Motion seconded by Commissioner Black and unanimously carried. V. CITY MANAGER'S REPORT: A. Report on Non-conforming Signs Mr. Bressner reported that staff has reviewed recommendations for the sign code and has come up with some recommendations. Policy decisions need to be made on which signs need to be evaluated. Mr. Bressner requested that this item be moved to a workshop meeting in order to involve other interested parties and to come up with some options in dealing with non-conforming signs. Commissioner Fisher requested-that all businesses with non-conforming signs be notified of the workshop to enlist their participation and agreed that having a workshop would be the best route to follow. There was a consensus that a workshop be scheduled, which Mr. Bressner will arrange as soon as possible. Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 B. Review of Proposed Traffic-calming Device Procedure Staff has put together a detailed report setting forth several strategies that are available, as well as what other communities have been doing with regard to traffic calming, both for speed reduction and volume reduction. Mr. Bressner asked if the City wanted to wait four months in order to determine what the Federal Transportation Department is devising or whether the City wanted to continue to move forward on this. The FTD is currently reviewing some standards, which could become national standards that would be incorporated in a Manual of Uniform Traffic Control Devices. Under State law, Florida requires that communities must adhere to the Manual of Uniform Traffic Control Devices. Tn 1996 the City of Boynton Beach undertook an experiment by installing speed bumps in residential neighborhoods. Tn one instance, one was removed because of potential litigation. The Courts have recently ruled in favor of a case brought by the City of Sarasota in support of the installation of speed bumps. Staff is also recommending that this item be further discussed at a workshop to determine if the City wants to expand the experiment done in the Chapel Hill neighborhood. Also, there is the issue of by-pass traffic, where local residential streets are being used for by-pass traffic. Speed bumps have the potential of creating problems for emergency vehicles and can cause problems for firefighters. There is funding in the current budget to address this. The new Public Works Director that has been hired should be onboard by the end of October and has extensive traffic engineering knowledge. Staff has developed an overview of the issue, which should be made available to interested parties, including neighborhood groups. Ms. Hanna Matras informed the Commission that the Florida Department of Transportation will be coming out with a book of general guidelines as to what traffic calming measures can be ins~lled and on what types of streets. Vice Mayor Weiland said he would like to have a workshop because he has been pushing for this for a long time. He would like to have a plan in place if the City has to wait an additional four more months. Vice Mayor Weiland said he has heard from four neighborhoods that want to install traffic calming devices. Mr. Bressner agreed that the workshop should focus on formulating some strategies rather than to just study the options. Commissioner Fisher requested that the workshop be scheduled after the new Public Works Director is onboard. Mr..left Tranter, 702 SW 27th Place, Boynton Beach said his house is located on the corner of SW 6th Street that had the speed bump removed. Mr. Tranter said he has 9 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 asked several times why the speed bump was removed, but never received a proper answer. Mr. Tranter said that he received a letter from lVlr. Sugerman, which informed him that speed bumps were the least effective way to control traffic. IVlr. Tranter said that two months after the speed bump was removed, people are still slowing down and feels they are effective. IVlr. Tranter said he has reviewed all the City Commission minutes from 1996 to February 2000 and the removal of the speed bump is not mentioned anywhere. Mayor Broening informed Mr. Tranter he would receive an answer in writing as soon as it is determined why it was removed. 'C. Request for direction from Commission on Purchase of Property in the CRA Mr. Bressner stated this is the property formerly known as Paradise Bay, which the City is proposing to purchase. The property consists of 3.2 acres immediately north of ]:ntracoastal Park. The City did make an offer to purchase the property based upon the appraised value of $2.5 million. A counter-offer was received in the amount of $3.6 million. Since the counter-offer, an impasse has occurred. Staff is now asking for direction from the Commission. A second appraisal was done which is higher than the first appraisal, lVlr. Bressner would like direction from the Commission on whether it wants to pursue the purchase of this property. Vice Mayor Weiland asked for the amount of the second appraisal and was informed it was in the vicinity of $3.4 million. Commissioner Fisher feels that the City should not pay more than retail for this property and should come up with a price between the two appraisals. Commissioner Fisher pointed out that this property has been for sale several times and the City has made a legitimate offer. Vice Mayor Weiland agreed with Commissioner Fisher about the asking price being too high. Commissioner Black had concerns that someone else may come along and purchase the property and put something on the property that the City would not like. A lot of wOrk has gone into Boat Club Park and the ~[ntracoastal Park site. Commissioner Black feels that the City should go after the property, especially if the second appraisal was $3.4 million. He would go as high as $3.2 to purchase the property. Vice Mayor Weiland noted there would be other costs involved besides the purchase price, such as structural work, electrical work and removal of the parking lot. He feels the building is a white elephant and needs major renovations. This will cost a lot more than $3.2' million. Mayor Pro Tem Sherman concurred with Vice Mayor Weiland's assessment of the property. Mayor Pro Tern Sherman stated he is concerned about the dockage rights and would like to know what those rights are. ]:f this Commission comes up with a price, part of the price should be held back until the dockage rights can be determined. Vice Mayor Weiland noted that if the City planned on using the docks, 10 Heeting Minutes Regular City Commission Boynton Beach~ Florida October 4, 2000 they would have to be rebuilt and permitting from the Army Corps of Engineers would be required. Commissioner Black pointed out that there are parties that would be willing to lease the property from the City and improve it. He does not feel that the City would have to fix up the building and bring it up to code and other parties could do this. Commissioner Fisher would like the Commission to come up with dollar amount that it would be willing to pay for the property. Mayor Broening pointed out that the Boynton Tnlet is the only way in and out of the Tntracoastal to the ocean between Boca Raton and West Palm Beach. Also, Boynton Beach has the best coral reefs just one-quarter mile from the :Inlet. He noted that this property has been more of a problem than an asset. Mayor Broening suggested putting a number on the property and to direct staff to negotiate for the purchase of the property while insisting that due diligence be done on the issues of permits. Mayor Broening did not feel that the City would be utilizing the building for anything in the immediate future, but there are resources to acquire the property now. There will be many parties that will. approach the City, once the City has the rights to develop the property the way the City wants it done. Mayor Broening called for a motion to approve what he just requested. Mayor Pro Tern Sherman would like to see some language in the motion on assurances of dock rights. Without the dock. rights, the property does not have the same value. Mayor Broening said the vote should be worded that the purchase would be contingent upon doing the due diligence and determining the dockage rights. Mayor Broening suggested that the motion be worded "to direct staff to pursue and continue negotiations to purchase the property with the recent numbers in the appraisals and the number that was put in the budget, to acquire the property for public use and to do a due diligence to make sure that all rights that are presumed do in fact exist". Mr. Bressner suggested that the motion be worded that "staff be authorized to offer in the range between $2.9 and $3.1 million with an appropriate hold back if it is determined during the due diligence that the dockage rights are not what they say". Motion Commissioner Fisher moved to direct staff to offer a purchase price as high as $2.9 million, if the additional dockage does not exist, and to allow staff to negotiate as high as $3.1 million if the dockage does exist. Motion seconded by Commissioner Black. Motion carried 4-1 (Mayor Broening dissented.) 11 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 Mayor Pro Tem Sherman said he also wanted to vote "nay" and did not know that a vote was taking place. Vice Mayor Weiland also concurred with Mayor Pro Tem Sherman. Commissioner Black stated that if a person does not speak, it is considered a "yes". Discussion ensued on this point. Attorney Cherof stated if a person is silent on a vote, it is considered an affirmative vote in favor of the motion. A person should never be silent on any vote. Motion Mayor Pro Tem Sherman moved that the preceding vote be reconsidered. Motion seconded by Vice Mayor Weiland and carried 3-2 (Commissioners Black and Fisher dissenting), Concerns about the purchase price and future costs were raised by Vice Mayor Weiland. Commissioner Black noted that the back up contained a comment that further negotiations were impractical, absent Commission input. Therefore, Commissioner Black said that staff is looking to the Commission for direction. Mayor Pro Tem Sherman requested that this item be put over until the next Commission meeting to give the Commissioners an opportunity to review both appraisals, since the property has been on the market for years. Vice Mayor Weiland noted there were several real estate people present tonight and he is under the assumption that waterfront property in that area goes for around $400,000 per acre, plus the building. Vice Mayor Weiland feels the City's offer is high. Mayor Broening noted that a 100' x 80' lot on the water recently sold for $500,000. Mayor Broening asked one of the real estate people in the audience for their opinion. Mr, Larry Finkelstein said that in commercial transactions where a price has been negotiated, there is a due diligence period to check everything out. Tf it turns out that the agreement doesn't meet the buyer's standards, the agreement could be renegotiated or withdrawn. Tn actuality, there is no risk while the exclusivity of the contract is in force. This gives the buyer time to perform the due diligence. Mr. Finkelstein said that the City could arrive at a figure for the property, subject to the due diligence period. Motion Commissioner Fisher moved that the City offer up to $2.9 million, subject to the due diligence, as requested concerning the dockage and all other items. Motion seconded by Commissioner Black. Motion carried 4-1 (Mayor Broening dissenting). 12 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 D. Report on CRA Appointment Process One of the objectives of the Commission is to transfer the responsibilities and membership of the COmmunity Redevelopment Agency to civilian members. The target date to accomplish this is the end of calendar year 2000. There is a recommendation that staff be authorized to proceed with the recruitment of persons who previously expressed an interest in serving on the CRA and to consider any new persons who may wish to serve, lVlr. Bressner stated that staff is looking for authorization to proceed in this direction and to bring to the Commission a list of candidates. Mr. Bressner asked Mr. Greene for a target date and Mr. Greene said the list could be provided at the first Commission meeting in December. Motion Vice Mayor Weiland moved that staff proceed with the selection of civilian members to the CRA with a list of candidates to be brought before the City Commission for the first meeting in December. Motion seconded by Commissioner Fisher and carried 4-0 (IVlayor Pro Tern Sherman had left the dais). Mr. Bressner asked Mr. Sugerman to give an update on the rain situation over the past few days. Mr. Dale Sugerman, Assistant City IVlanager reported that Boynton Beach received an average of 5 to 5 1/4 inches in the last 48 hours and generally the City has fared well. Since there has now been three to four days of steady rain, the ground is now saturated. The Ocean Avenue contractor informed Mr. Sugerman that the underground water table has risen 9". Because the rain has been steady, there has not been a lot of standing water. There have been a couple of incidents in areas that have traditionally experienced standing water in the streets. IVlr. Sugerman was not aware of any significant flooding in these trouble spots. [t was reported that water on the roof of the LensCrafters Store on Boynton Beach Boulevard caused the roof to collapse on Saturday and destroyed the building, l~n the 1300 block of South Congress a portion of the roadway collapsed. This was reported to the County since this part of Congress Avenue is the County's responsibility. [f additional significant rains occur within a short period of time, the possibility of some flooding would exist. Motion Vice Mayor Weiland moved to recess at 7:55 p.m. Motion seconded by Commissioner Fisher and unanimously carried. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 The meeting reconvened at 8::L5 p.m. E. Discussion of City Commission Comment Card System Mr. Bressner pointed out that having a card system has been beneficial and there are some municipalities that require citizens who wish to speak to the City Commission to call the City Clerk's Office two weeks before the meeting. Other communities allow persons to say whatever they want to say. Mr. Bressner thinks the card system has worked reasonably well and feels that everyone is still afforded an opportunity to speak utilizing this system. Mayor Pro Tern Sherman agreed with Mr. Bressner. Vice Mayor Weiland feels there is room for improvement, but didn't know if it was necessary to debate the issue tonight and felt it could be better discussed at a workshop. Vice Mayor Weiland questioned the wisdom of people needing to turn in their cards by 6:30 p.m. and then waiting around for hours to speak at public audience. Also, Vice Mayor Weiland would like Commissioners to have the opportunity to respond when people speak and noted this practice exists in other communities. Commissioner Black would like Public Audience to be heard earlier on the Agenda to avoid people having to wait a long time to speak. This would be a good way to address public concerns early in the meeting. Mayor Broening also felt the card system was working very well. Mayor Broening did not feel that dialogue between the citizens and the Commission was necessary. This practice would take away from the primary purpose of the Commission, which is to conduct the business of the City. Mayor Broening also concurred that moving up Public Audience is a good suggestion. There was a consensus among the Commissioners that Public Audience be moved up earlier on the next agenda. VI. PUBLIC AUDIENCE: (Mayor Pro Tem Sherman left the dais.) Mr. Herb Suss commented on conduct unbecoming some of the Commission members. Mr. Suss stated that a Commissioner has been flagrantly allowed to miss 29 meetings. He noted that Commissioners receive salaries and expenses, which is tax money. Mr. Suss further stated that another Commissioner referred to a lot of meetings as being road show meetings and Mr. Suss feels that these types of comments are disrespectful to the City citizenry. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 (Mayor Pro Tem Sherman returned to the dais.) V~I'. PUBLI'C HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Boynton Shoppes PCD (Heise PCD) Robert Ei Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Master Plan Modification to allow for the construction of an additional 3,000 square foot building consisting of a 1,500 square foot fast food restaurant with drive-through and 1,500 square feet of retail space. (APPLICANT REQUESTS POSTPONEMENT) Attorney Cherof stated that the Boynton Shoppes PCD will remain on the table and will be addressed sometime in the future. VIII. FUTURE AGENDA ITEMS: Am Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Tnc. for purchase and construction of the 1913 Children's Museum Interactive Ecosystem Tndoor Exhibit (October 17, 2000) B. Future Annexation Areas (October 17, 2000) C. Resolution approving 2000-01 City Objectives (October 17, 2000) Resolution approving 2000-02 Capital Improvement Priorities (October 17, 2000) Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (November 8, 2O0O) F. Presentation by State Representative Addle Green (November 8, 2000) G. Proposed Policy for Community Activity Grants H. Proposed ExpansiOn of CRA Boundaries (October 17, 2000) 15 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 "Name Pond B' Contest Nothing further was added. ZX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None XT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O00-49 Re: Creating a definition for wall murals, and establishing a process and guidelines by which to review future wall murals Attorney Cherof read Proposed Ordinance No. 000-49 by title only. Attorney Cherof noted that this Ordinance had been tabled by the Commission during the Agenda approval and will be discussed at the next Commission meeting. Proposed Ordinance No. O00-51 Re: Amending Chapter 7.5, Article II (and related sections) to add aesthetic/beautification requirements, to create additional buffering standards to increase maintenance requirements, increase planting specifications and to codify lake planting requirements Attorney Cherof read Proposed Ordinance No. O00-51 by title only. Mayor Broening announced the Public Hearing. Since no one wished to speak, Mayor Broening called for a motion. Motion Commissioner Black moved to approve Ordinance O00-51. Motion seconded by Commissioner Fisher. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 000-53 Re: Authorizing the 16 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 issuance of Notices of Intent by the Commission to study and possibly change Land Development Regulations On issuance of a Notice of Intent, applications for development permits inconsistent with the change under study will not be accepted. Attorney Cherof read Proposed Ordinance No. 000-53 by title only. Commissioner Fisher said he would like to extend this to the City line instead of ending at the Canal. Attorney Cherof stated this is merely the implementing ordinance and discussion should be held over until reading of the Resolution. Mayor Broening announced the Public Hearing. Since no one wished to speak, Mayor Broening called for a motion. Motion Commissioner Black moved to approve Ordinance 000-53. Motion seconded by Commissioner Fisher. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - Ist Reading Proposed Ordinance No. 000-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7, Planned Industrial Development Districts, to allow mixed use pods of commercial, retail, multi-family residential and office/professional use in Planned Industrial Development Districts, providing for design guidelines, providing submission requirements, providing procedures for review (TABZ£O ON Attorney Cherof read Proposed Ordinance No. 000-52 by title only. Motion Commissioner Fisher moved to remove 000-52 from the table. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Y/ce l~ayor YYe/land had lei? the da/s.) Commissioner Fisher asked staff if this was the final version. Mr. Rumpf confirmed this was the final version and it does contain most of the provisions that staff requested. The only provision not included is the height limitation of 45'. The applicant would like to see this extended. Therefore, staff is recommending that this be addressed separately from this Ordinance. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 (Vice I~a?or We/land returned to the dais.) Vice Mayor Weiland stated he had concerns regarding the mixed use pods of residential and commercial. His concern focuses on the residential moving forward, but the commercial may never come to fruition, which would leave a residential neighborhood in the middle of an industrial park. Vice Mayor Weiland would like the master plan to link the residential to the commercial. Also, he had concerns permitting staff to approve site plans without them coming before the Commission. Mr. Bressner pointed out that this is really a policy decision. The overall master plan would be reviewed and approved in the usual course through the Planning and Development Board, public hearing, etc. However, once the master plan has been approved, the subsequent build out and the possible shifting of some of the pods within the plan would be done at the administrative staff level, unless some exceptions were requested. This would provide a mechanism to expedite the project. Tt will also have to be determined what is a minor versus a major modification to bring it back to the Commission. Mayor Broening felt once a master plan is approved there should be a reasonable way for the master plan to be modified, not to exceed thresholds as defined in the ordinance. Mayor Broening does not view this as. a weakening of the authority of the Commission to approve projects. He questioned how much does the Commission want to be involved in the minutiae of major projects. Mayor Broening feels this will give staff room to do its job and he approves of the concept of doing projects in stages. Mr. Bressner felt that this would not allow inappropriate substitution of land uses that had previously been designated commercial and there would be checks and balances in place for monitoring this process. Mr. Bressner feels this concept will work as long as some definitive standards are determined for a minor or major change. Vice Mayor Weiland pointed out that any rules and regulatiOns enacted by this Commission could be overturned by future Commissions. There are 500 residential units going into this property, which could not support the commercial end of the project. Support will be necessary from the remainder of the City and neighboring cities. Vice Mayor Weiland would like the commercial portion built before the residential portion. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-52. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. Commissioner Fisher requested that before the second reading of the Ordinance that 18 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 the height issue be addressed. Proposed Ordinance No. 000-54 Re: Amending Chapter 26 entitled "Water, Sewer and City Utilities", amending Section 26- 8.1 to provide for commencement date for utility services billing cycle, and to provide a definition of base .facility charge; amending Section 26-9, Schedule ]:]~ (B) to provide billing formula for multi- family buildings in which several dwelling units are serviced by one meter; by amending Section 26-406 to provide billing formula for the "Fee in-lieu of" capital contribution for properties redeveloping within the downtown stormwater improvement watershed Attorney Cherof read Proposed Ordinance No. 000-54 by title only. Hotion Commissioner Black moved to approve Proposed Ordnance No. 000-54. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 000-55 Re: Amending Land Development Regulations to include nightclubs Attorney Cherof read Proposed Ordinance No. 000-55 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-55. Fisher seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was Proposed Ordinance No. 000-56 Re: Approving the abandonment of a portion of East Railroad Avenue between SE 10th Avenue and SE 8th Avenue Attorney Cherof read Proposed Ordinance No. 000-56 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-56. Fisher seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was 19 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 Proposed Ordinance No. O00-57 Re: Amending Chapter 2, Section 11.L.3.a. to allow retail sale of gasoline or gasoline products to be permitted on parcels of land containing 12 acres or more, located within a 1,000 foot radius of an intersection, and fronting on a roadway of three lanes or more Attorney Cherof reported that no Ordinance had been prepared for this Agenda Item due to the adverse treatment by staff and the Planning and Development Board. Attorney Cherof stated that the Ordinance should be either deleted from the Agenda and directed that no Ordinance be prepared, or to direct that an Ordinance be prepared. Motion Commissioner Fisher moved to deny Ordinance 000-57. Notion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-58 Re: Amending Chapter 2, Section 11.L to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (10) acres or more, and approved as conditional uses under separate development standards and Iocational criteria Attorney CherOf read Proposed Ordinance No. 000-58 by title only. Motion Commissioner Fisher moved to approve Ordinance O00-58. Notion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Resolutions: Motion Commissioner Fisher moved to remove R00-134 from the table. Motion seconded by Commissioner Black and unanimously carried. Proposed Resolution No. R00-134 Re: Authorizing the use of City-owned property for sidewalk relocation and the addition of a second left-turn lane from northbound Seacrest Boulevard onto westbound Woolbright Road (7'A~i'Z:EZ) Attorney Cherof read Proposed Resolution No. R00-134 by title only. 20 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 Motion Commissioner Black moved to approve R00-134. Motion seconded by Commissioner Fisher and unanimously carried. 2, Proposed Resolution No. R00-138 Re: Authorizing Zoning in Progress (Public Hearing) Attorney Cherof read Proposed Resolution No. R00-138 by title only. Commissioner Fisher said he would like to move the line to the north end of the City line instead of stopping at the Canal, as recommended by staff. Mr. Greene said that extending the line to the north end would not be a problem. Staff recommended the Canal because on the west side of Federal Highway, north of the Canal, basically consists of the railroad with no development. The C-4 zoning ends at the Canal. Commissioner Fisher said he was requesting this because something could always come up in the future and he would like this in place. Mr. Greene pointed out that on the east side of Federal Highway the uses are C-3, residential and recreational. Motion Commissioner Black moved to approve Resolution No. R00-138. Motion seconded by Commissioner Fisher. Commissioner Fisher requested that the motion be amended to extend the line to the north end of the City. Motion Commissioner Black amended his motion to include that the line extend to the north end of the City. Vice Mayor Weiland asked how many pieces of property were included in this area? Mr. Rumpf stated there were 10 to 12 sizeable pieces of property in this area. Commissioner Fisher inquired if the extension of the line would have any negative impact? Mr. Greene did not see any adverse effect to this change. Mayor Broening asked if anyone in the audience wished to address this subject. Mr. Finkelstein agreed with Commissioner Fisher and feels the intent of the Resolution was to look at uses, design guidelines, and redevelopment opportunities. He noted there are several current commercial properties that could be redeveloped and did not feel the intent was to eliminate C-4. 21 Meeting Minutes Regular City Commission Boynton Beach, Florida Commissioner Fisher seconded the amended motion. D. Other: UNFINISHED BUSINESS: OTHER: None XII. None XIII. None XIV. AD]OURNHENT: There being no further business properly adSoumed at ~:07 p.m. October 4, 2000 ATTEST: Recording Secretary (three tapes) Motion carried 5-0. to come before the City Commission, the meeting Vice Mayor Mayor Pro Tem Commissioner 22 CITY OF BOYNTON BEACH DEPARTMENT OF FINANCIAL SERVICES CITY OF BOYNTON BEACH DEPARTMENT OF FINANCIAL SERVICES BY THE CITY. TOTAL REVENUES RECEIVED IN 1998/99 WERE $74,095,657. DISBURSES, ON A WEEKLY BASIS, APPROXIMATELY 300 CHECK~ TO VENDORS WHO HAVE PROVIDED SERVICES OR GOODS CITY. AVERAGE WEEKLY DISBURSEMENTS ARE $850,000. PROCUREMENT SERVICES DMSION PROCESSING PURCHASE ORDERS FOR ALL CITY DEPARTMENTS. PREPARE FINAL BID DOCUMENTS FOR MAILING TO BIDDERS, OVER SEE BID OPENINGS, AND PREPARE TAB SHEE~S OF RESPONSIVE BIDDERS. TOTAL BIDS PROCESSED DURING 1998/99 WERE 82 WITH DIFFERENCE BETWEEN HIGH AND IX)w BIDS OF ~L3.2M. 2 ~ WAREHOUSE DIVISION DELIVERING SUPPLIE~ TO ALL CITY DEPARTMENTS DELIVERING MAIL TO AND FROM POST OFFICE TWICE DAILY MAINTAINING RECORDS STORAGE FOR ALL CITY BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Telephone# Summary of Matter to be Addressed +/X-~ ~\ ~/~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City CommissionMeeting. ~.~ ~ / Name Summa.Of Matter tO be '`"resse` ~~~' '~ ; d;~sion madY~7 th~ity~~;i'~th~espect t~ ;ny'~att~r ~o~idered a~ thi, m~etin,, he/,he '~~~[[~ ur ose- he she ma need to ensure that a verbatim record of the proceed~gs is wffi need a record of the proceedings and, for such p p , / Y made, which record ~cludes the testimony and e~dence upon which the appeal is to be based. (F.S. 286.0105) The City sba11 furnish appropriate a~fl~ aids and se~ices where necessa~ to afford an indi~d~l with a disability an equ~ oppo~uni~ to participate in and enjoy the benefits of a se~ce, program, or acti~ty conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least ~enty-fo~ hours prior to the program or activity ~ order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for belOw and give to the Commission Meeting. Nam~ Address Telephone # Summary of Matter to Clerk prior to the start of the City Agenda# ~ ~.A~. ,/~,F,/~./~ If a person decides to appeal any decision made by the City Commission wi~ respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may n~ed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the apNeal is to be based. (F.S. 285.0105) The City shah furnish appropriate auxiliary aids and services ~where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Name Address Telephone # Commission Meeting. SUmmary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the '~ity Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and l/ire to the City Clerk prior to the start of the City Commission M~tin~_~ Name Address Telephone # ~ ~ -- ffd~ ~f'-~ Agenda Summary of Matter to be Addressed C~z/Z~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name I ' "~' '~ .~ Address Telephone # Agenda # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commissio~iwith respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce CosteHo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.