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Minutes 08-21-01 (2) MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 21, 2001 AT 6:30 P.M. PRESENT: Gerald Broening, Mayor Ronald Weiland, Vice Mayor Hike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager ]ames Cherof, City Attorney Janet Prainito, City Clerk OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Ferguson Mayor Broening called the meeting to order at 6:45 p.m. Rev. Riccardi offered the invocation and Commissioner Ferguson led the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E.-- Agenda Approval: Additions, Deletions, Corrections 2. Adoption Motion Commissioner Ferguson moved to approve the agenda. motion that carried unanimously. Commissioner Fisher seconded the PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Suss praised the City's Golf Course restaurant and urged the public to patronize it. He asked the Commission what was happening with Visions 20/20, what happened to "World Class City" and what were the Commissioners' visions. He also said he is in faVor of the holiday lights and a slight increase in the funding of these lights; however, he felt that $82-$87,000 was too much money to spend on them and would rather see that money used for an additional policeman. Meeting Minutes Regular City Commission Boynton Beach, Florida August 21, 2001 Anne Centi~ :13C Southport Lane~ stated that she attended the school program at the new high school Friday night and, on behalf of all the children, she thanked everyone. She stated that her idea of a World Class City was people working together. Ewell (Butch) Miller, resident and business owner in the City, said that he was opposed to the proposed fire assessment. He said he has spoken to approximately 120 people who are against it. He requested that the proposal be placed on a referendum. He stated that he has requested statistics from the Fire Department and has not received them. He invited the audience to attend a meeting regarding this assessment at 1401 Neptune Drive on Thursday at 11 a.m. Commissioner Ferguson felt that the fire assessment should not be applied to condominium clubhouses in addition to individual property owners. He is in favor of the fire assessment but will not be able to vote for it if it includes assessments on clubhouses. Commissioner Fisher stated that there were only one or two fire calls to a clubhouse last year according to the Fire Department and he is working with the City Manager and the Fire Chief regarding the cost of removing clubhouses from the assessment. Vice Mayor Weiland stated that he voted against the fire assessment on the first reading of the ordinance and now regrets that he voted in favor of it on the second reading. He said he feels the needs of the Fire Department are valid but he believes the money can come from another source. Commissioner McCray stated that he will listen to the citizens on September 4th and will vote accordingly. Mayor Broening pointed out that the City of Pembroke Pines and Broward COunty have similar fire assessments and the language is identical; however, the rates are different. He will make the newspaper article available to the Commissioners. III. OTHER: A. Informational Items by members of the City Commission IV. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 (Tabled-3) IV Fisher Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 Mayor Broening Bldg. Bd of Adj & Appeals Alt :[ yr term to 4/02 (Tabled-3) (Tabled-3) 2 Meeting Minutes Regular City Commission Boynton Beach, Florida August 2:1, 2001 T Weiland Cemetery Board Alt 1 yr term to 4/02 (Tabled-2) T Weiland Code Compliance Board Alt 1 yr term to 4/02 (Tabled-2) III Ferguson Education Advisory Board Reg 2 yr term to 4/03 (Tabled-3) :IV Fisher Education Advisory Board Alt I yr term to 4/02 (Tabled-3) I Weiland Golf Course Advisory Committee Alt 5 yr term to 6/06 (Tabled-3) II McCray Golf Course Advisory Committee Alt 5 yr term to 6/06 (Tabled-3) Commissioner Ferguson nominated .lean Cairo for a two-year term on the Education Advisory Board. All other appointments were tabled. Motion Commissioner McCray moved to accept the appointment. motion that carried unanimously. Commissioner Fisher seconded the V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: First Public Hearing on Budget - Wednesday, September 5, 2001 at 5:30 p.m. - City Commission Chambers Mayor Broening announced that the first public hearing on the budget will be held on September 5th at 5:30 p.m. in Commission Chambers. 2. Oceanfront Concert Series on: September 21, 2001, 6-9 p.m. at Oceanfront Park - Island Heat (Calypso/Soca) Mayor Broening announced the Oceanfront Concert Series scheduled for September 21~t. AWards received by the Recreation Department at the Florida Festivals and Events Association Annual Convention and Trade show, held in .tacksonville in .luly Wally Majors, Recreation Director~ announced the five awards that were received for excellence in promotional materials. They were: 3rd Place - Best Miscellaneous Printed Materials for 2001 Boynton Beach G,A.L.A. Event Schedule and Map; 3rd Place - Best Event Photograph for 2000 Holiday Parade; 1st place - Best Newsletter for three consecutive issues of Funfare! Magazine; ist Place - Best Newspaper Special Section for 2001 Boynton Beach G,A,L.A.; and 1st place - Best Commemorative Poster for Boynton Beach G.A,L.A. Poster 2001. 3 Meeting Minutes Regular City Commission Boynton Beach, Florida Auqust 21,200:[ Regular City Commission Meeting - SePtember 4, 2001, 5 p.m. at Boynton Beach Community High School, Quantum Park, 4975 Park Ridge Blvd. Fire Assessment Public Hearing - September 4, 2001, 6:30 p.m. at Boynton Beach Community High School, Quantum Park, 4975 Park Ridge Blvd. Mayor Broening announced that the Regular City Commission meeting on September 4th will be held at the Boynton Beach High School at 5 p.m. and the Fire Assessment Public Hearing will be held on September 4th at 6:30 p.m. at the Boynton Beach High School. Mayor Broening requested, per the consensus of the Commission, that the audience at the Fire Assessment Hearing attempt to organize large groups and have a spokesperson. He also requested that if a group of people are against the assessment, they signal this by a show of hands as this is usually more effective than if each person gets up and says they are against it. Mayor Broening said that the Commission will not limit any discussion. He will ask the audience to fill out the cards as usual and will not put a time limit on bringing cards forward to the dais. B. Presentations: Proclamations: a. "City of Boynton Beach Firefighter Appreciation Week"- August 27 - September 3, 2001 Mayor Broening read the "City of Boynton Beach Firefighter Appreciation Week" proclamation and presented it to Fire Chief William Bingham. Chief Bingham recognized Sonia O'Farrel, Program Coordinator for the MDA Labor Day Telethon, who was in the audience. Presentation of Certificate of Completion to Commissioner Mack McCray for completing eighteen hours of instruction at the Tnstitute for Elected Municipal Officials Mayor Broening read the letter sent to Commissioner McCray from Florida State University and presented a Certificate of Completion to him. Commissioner McCray said that education plays a large part in making Boynton Beach a World Class City. VI. 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 part of the Public Record and subject to staff comments. 4 Meeting Minutes Regular City Commission Boynton Beach, Florida August 2:[, 2001 A. Minutes: 1. Special City Commission Budget Meeting of 3uly 31, 2001 2. Agenda Preview Conference of August 2, 200:1 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Approve the "piggy-back" of CHARLESTON, ILLINOIS, Bid #PW-00-10 for the PURCHASE OF ONE (1) 8" EMERGENCY BY-PASS PUMP from Godwin Pumps of America in the amount of $41,223 Extend "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES," Bid #095-1412-00/C3D, for one additional year, to various vendors for an annual expenditure of $175,000 Award the bid for "CO-OP CHEMICALS AND FERTILIZER," (Delray Beach is the lead agency) Bid #079-1411-01/C]D, to various vendors based on the lowest, most responsible, responsive bidders who meet all specifications. City of Boynton Beach's anticipated expenditure is $96,000 Extend the "ANNUAL CONTRACT FOR DUMPSTER REPAIRS," Bid #093- 2510-01/KR for one (1).additional year to EDWARD LAMONS of Boynton Beach, Florida for an estimated annual expenditure of $45,000 (New Bid #091-2510-01/KR) Resolutions: Proposed Resolution No. R0:[-233 Re: Approving and executing Task Order #01-10 in the amount of $14,667 with CH2H Hill for engineering services on the hydraulic evaluation to Master Lift Station 356 Proposed Resolution No, R01-234 Re: Approving and authorizing signing of an Agreement for Water Service Outside of the City Limits for a parcel owned by Geraldine A. Hammond, located in an unincorporated area between Boynton Beach and Delray Beach along the east side of US i Proposed Resolution No. R0:[-235 Re: Authorizing the Mayor to sign the renewal license agreement between the Federal Bureau of Investigation and the City of Boynton Beach regarding a "receive only" antenna 5 Meeting Minutes Regular City Commission Boynton Beach, Florida Auqust 2:!., 200~ Proposed Resolution No. R0:t-236 Re: Approving full release of surely for the project known as Learning Place Preschool, and authorizing refund of the cash surely to the developer, in the amount of Proposed Resolution No. R0:1-237 Re: Authorizing Change Orders No. 1, 2 & 3 with Select Contracting, ]:nc. as part of the construction of two Water Treatment Plant Pre-engineered Metal Buildings (P.O. 012630) in the amount of $47,662.11 Proposed Resolution No. R01-238 Re: Approving and authorizing signing of a Joint Project Participation/Funding Agreement in the Construction of Gateway Boulevard, .log Road to Military Trail, with Palm Beach County. The agreement authorizes the City's participation for an amount not to exceed $4,555 for the adjustment of utilities Proposed Resolution No, R01-239 Re: 2001-2002 updated pay ranges for City employees Approving the Proposed Resolution No. R01-240 Re: Approving full release of surely for the project known as Lexington Lakes, and authorizing refund of the existing $10,000 cash surely to the developer, Kennedy Properties Ltd. Proposed Resolution No. R0:1-241 Re: Approving surely reduction for the project known as BAPS Development, refunding the amount of $24,714 to the developer and 10. Proposed Resolution No. R01-242 Re: Railroad Reimbursement Agreement - NW 22nd Avenue (Gateway Boulevard) 11. Proposed Resolution NO. R01-243 Re: Railroad Reimbursement Agreement- 15th Avenue (Woolbright Road) 12. 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 (TABZ£D FROM AUGUST 7~ 200.~) Ratification of Planning & Development Board Action: None Ratification of Community Redevelopment Agency Action: Derek and Tracy Wiley, South side of NW 9m Avenue, between NW 4th and NW 5th Streets (Lot 62, Cherry Hills) - Request relief from Land 6 Meeting Minutes Regular City Commission Boynton Beach, Florida August 21, 2001 Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. to allow a single-family house on a 7,200 square feet lot in lieu of the 7,500 square feet required by code in an R-1-A zoning district. Sandra McPherson, South side of NW 9th Avenue, between NW 4th and NW 5th Streets (Lot 64, Cherry Hills) - Request relief from Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. to allow a single-family house on a 7,200 square feet lot in lieu of the 7,500 square feet required by code in an R-I-A zoning district. Approve the "sole source" purchase of a Reverse 9-1-1 Emergency Notification System from Dialogic Communications Corporation in the amount of $46,000 Authorize expenditure from the City's Community Reinvestment Funds and the Neighborhood Service's Grant Program for the purpose of expending up to $7,500 to make landscaping improvements on the existing north right-of-way, located along the north side of Woolbright Road east of Tnterstate 95 Award Community Development Block Grant (CDBG) funds in the amount of $50,000, with matching funds from Palm Beach County, to Barry A. Frankel & Associates, P.A., for the purpose of acquiring modern optometry equipment and renovating the interior of 540 E. Woolbright Road. This award is contingent upon final approval of additional CDBG funds to be awarded by the Palm Beach County Board of County Commissioners Authorize the purchase of a Kip America 2900 Digital Reprographic Copier system from Wood Business Products, Tnc, of Lake Worth, Florida in the amount of $27,815 by "piggy-backing" a purchase previously made by the City of West Palm Beach, Florida Approve expenditure of Community Tnvestment Funds for various amounts from City Commissioners Commissioner Fisher requested that item VT.]. be removed from the consent agenda for discussion. Award a contract to Coastal Pipeline, :[nc. of Deerfield Beach, Florida in the amount of $26,250 for emergency sewer lateral repairs located in the area of Master Lift Station #317 on Boynton Beach Boulevard City Attorney Cherof requested that item VT.K. be removed from the consent agenda for discussion. Motion Commissioner Ferguson moved to approve the consent agenda, as amended. seconded by Commissioner Fisher and carried unanimously. Moti°n was Meeting Minutes Regular City Commission Boynton Beach, Florida August 21, 2001 Items removed for discussion: Approve expenditure of Community Tnvestment Funds for various amounts from City Commissioners Commissioner Fisher would like to donate the remainder of his funds, $2,548, towards the cost of another traffic speed monitor display and requested that if any other Commissioners have a surplus, they use the balance of their funds to assist with this purchase. Commissioner Ferguson stated that $6,000 of the landscaping funds referenced in Consent item G are from his Community Investment funds and he wished to donate the remainder of his funds, $2,000, for further work with the Greenways. Motion Commissioner Ferguson moved to approve item VI.~I. Fisher and carried unanimously. Motion was seconded by Commissioner Award a contract to Coastal Pipeline, Inc. of Deerfield Beach, Florida in the amount of $26,250 for emergency sewer lateral repairs located in the area of Master Lift Station #317 on Boynton Beach Boulevard City Attorney Cherof announced that this was an emergency addition to the agenda. Motion Commissioner Ferguson moved to approve item V:[.K. motion that carried unanimously. Commissioner Fisher seconded the VII. CITY MANAGER'S REPORT: City Manager Bressner had nothing to report at this meeting. VIII. PUBLTC HEARING: 7:00 P.M. ORAS SOON THEREAFTER AS THE AGENDA PERMITS None IX. FUTURE AGENDA ITEMS: Presentation by Alison Adler, Palm Beach County Safe Schools (September 4, 2001) B. Review of City Noise Regulations (September 19, 2001) Project Team Reports (from 55 Strategic Initiatives): 1. 1.2 Arts Commission Project (September 19, 2001) Report on ordinance changes for Advisory Board attendance and conduct standards (September 19, 2001) 8 Meeting Minutes Regular City Commission Boynton Beach, Florida August 21, 2001 Ordinance establishing setbacks from schools and/or churches for establishments having liquor licenses (September lg, 2001) Resolution from City Commission supporting CRA's request for $3,000,000 loan (September 19, 2001) G. Traffic Calming and Traffic Control Final Report (October 2, 2001) H. Marina Project Update (October 2, 2001) Redevelopment Code issues for non-conforming lots and buildings in commercial areas (November 2001) ]. FRA Whistle Ban - Report (December 4, 2001) X. DEVELOPMENT PLANS: None XI. NEW BUSINESS: Approve the Special Event Permit request for Bethesda Memorial Hospital's Employee Beach Bash on October 13, 2001, subject to approval from the Town of Ocean Ridge and tent inspections by City officials Motion Commissioner Fisher moved to approve item XI.A. Ferguson and carried unanimoUsly. Motion was seconded by Commissioner Authorize the City Manager to apply for a $250,000 boating improvement program grant to acquire the Morey's property. Future use of the property will be for the expansion of Boat Club Park for boating related uses Tt was noted that the total purchase price is $640,000. City Manager Bressner stated that the value of the liquor license, the County grant and the value of the adult use license would be deducted from the value of the property; therefore, the out-of-pocket cost to the City would be $240-$250,000. He stated that once the City knows whether or not they will receive the County grant, he can bring this matter back to the Commission to affirm the purchase. Motion Commissioner Ferguson moved to approve item XT.B. motion that carried unanimously. Commissioner Fisher seconded the Proposed Resolution No. R01-244 Re: Allowing attendance at City Commission meetings by electronic media technology for 9 Meeting Minutes Regular City Commission Boynton BeaCh, Florida August 21, 2001 Sunny Garcia, 1631 NW 3rd Lane, was against this resolution. He feels the Commissioners should be present at the meetings. Herb Suss said he voted for people, not a telephone, and he wants to see their facial expressions. He is against this resolution. Commissioner Fisher believes the Commissioners should be in front of the people who elected them. ]:n the past, the Commission has rescheduled meetings for important votes when a Commissioner could not attend a regularly scheduled meeting. He said there is no way for the Mayor or anyone else to verify who is on the telephone and it is an opportunity for Commissioners to not attend meetings. Commissioner McCray had a concern that if a Commissioner was ill, he/she might be on medication or if they were on vacation, he/she may be at a party and the privilege of voting by telephone could be abused, He said he took office to be seen and heard. ,Motion Commissioner Ferguson moved to approve Resolution No. R01-244. Vice Mayor Weiland. Motion was seconded by Discussion Vice Mayor Weiland stated that there are million dollar deals done by fax, telephone and proxy throughout the country. He stated that sometimes there are time lines and it would be a safety net to have this policy in effect. Commissioner Ferguson said there are technology safeguards to know who is on the telephone and we should move into the 21st century. Mayor Broening said he agreed with everything that had been said. He stated that the technology is there and he has faith in his fellow Commissioners that they will adequately represent the people of the City of Boynton Beach. He does not believe there is any technical or ethical reason not to do this; however, he believes this type of decision should be unanimous. .Vote A vote was taken and the motion failed 2 to 3 with Mayor Broening and Commissioners McCray and Fisher dissenting. XII. LEGAL: A. Ordinances -- 2® Reading - PUBLIC HEARING Proposed Ordinance No. 01-48 Re: Amending Chapter 2 of the Land Development Regulations reducing the requirements applicable to non-conforming lots (7',4BL_~D /,J/VT'~rL $£Pr£MB£R ~ ZO0~) 10 Meeting Minutes Regular City Commission Boynton Beach, Florida Auqust 2:/, 2001 B. Ordinances - 1~ Reading Proposed Ordinance No. 0:/-49 Re: Authorizing abandonment of a twelve (127 foot drainage easement between Lots 59 and 60 of Quantum Park at Boynton Beach Plat No. 6 City Attorney Cherof read Proposed Ordinance No. 0:[-49 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-49. McCray seconded the motion. City Clerk Prainito polled the Commission. unanimous. Commissioner The vote was Proposed Ordinance No. 0:/-50 Re: Amending Part III, Land Development Regulations, Chapter I and Chapter 21, regarding "Banners" City Attorney Cherof read Proposed Ordinance No. 01-50 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 0:[-50. seconded by Commissioner McCray. The motion was Discussion Commissioner Fisher inquired whether this would include Boynton Beach signs that hang from light poles. City Attorney Cherof responded that, as the ordinance is presently written, it would. Mayor Broening suggested that the ordinance be tabled for additional study and possible language changes to protect First Amendment rights and the City's banners. Motion Commissioner McCray moved to table Proposed Ordinance No. 01-50. seconded the motion that carried unanimously. Commissioner Fisher C. Resolutions: None D. Other: Ratification of Code Compliance Board Action Approve Code Compliance Board recommendation to reduce the lien in case #99-2099 (417 SE 20th Avenue) to administrative costs of $634.:[2. The applicant, Arsali & Associates, has requested elimination of the fine :[1 Meeting Minutes Regular City Commission Boynton Beach, Florida Auqust 2:L, 2001 Scott Blasie, Code Compliance Administrator, stated that the Code Compliance Board voted, 4 to 2, to reduce the lien, originally $13,575 plus administrative costs of $634.12, to administrative costs only. Mr. Blasie stated that the applicant felt that due to the timeframe of when the property was foreclosed and when the City's lien was recorded, it did not seem logical to him. Washington Mutual foreclosed on the property and recorded a Lis Pendis On March 27, 2000 and the City's lien was recorded on March 13, 2000 so the lien was probably not picked up at the time of the title search. Mr, Blasie stated that, according to our records, the applicant obtained title to the property in August 2000. Nick Arsali, applicant, stated that he buys properties in the City of Boynton Beach and makes improvements to them. He depends on title searches. He stated that as soon as they found there were problems with the property, they called the Code Compliance Division and corrected everything within a week and the property is now in perfect shape. Motion Commissioner Ferguson moved that the administrative costs of $634.12 be dropped. was seconded by Vice Mayor Weiland and carried unanimously. Motion Accept the agreed upon settlement with Plaintiff, Susan Flickinger, in the amount of $11,000 City Manager Bressner informed the Commission that this is a proposed settlement of an outstanding claim against the City involving an accident regarding a police cruiser and an injured party. The recommendation is to settle the case out of court. Hotion Commissioner Ferguson moved to approve. and carried unanimously. Motion was seconded by Commissioner McCray XIII. UNFINISHED BUSINESS: Proposed demolition of the Mangrove Park School (Old High SchoOl) at 125 East Ocean Avenue City Manager Bressner explained that the Commission had requested that this item be placed on the agenda for a status report regarding the inspection of the old high school by parties interested in preserving the school. ¢~uintus Greene, Development Director, explained that this was originally presented to the City Commission on .~une 5, 2001 and the Commission directed staff to work with the preservation committee to allow them to conduct a survey of the facility. The Commission allowed 90 days for the group to inspect the school and come up with their assessment of how feasible it would be to rehabilitate it. They have worked out an arrangement with the preservation group to tour the facilities on September 7th, Mr. Greene stated that it has been 12 Meeting Minutes Regular City Commission Boynton Beach, Florida August 2:L, 200:[ complicated to arrange the inspection because all the people who tour the school must be fitted with protective clothing and respirators. :In addition to the five people from the preservation committee, the Building Official, Senior Structural Inspector, a Fire Department representative and the Risk Manager will tour the school. Mr. Greene said they should be prepared at the Commission meeting following the tour to give their findings to the City Commission. When questioned regarding the time line, IVlr. Greene said the time line expires September 5th but he hopes that the City Commission will extend the deadline until the following Commission meeting. Mark Perry, attorney representing the Preservation Committee~ said that in addition to the hazard suits, each tour participant must have a physical. He apologized for the delay in the process. Mr. Perry stated that the contractor, the architect and the engineer will be part of the tour group. He said it would probably take two to three weeks to put forth their proposals. City Manager Bressner stated that Mr. Perry was advised on June 8th of the need for hazard suits. When asked by Commissioner McCray whether the amount of funds raised would be included in their report, Mr. Perry said they would. Commissioner Fisher said he would agree to extend this one more Commission meeting, to the first meeting in October, if they provide substantial information at the second meeting in September that would warrant an additional two-week wait for remaining information. Commissioner Ferguson agreed with this. Motion Vice Mayor Weiland moved to give this committee a 30-day extension beyond the September 7th inspection date. The motion was seconded by Commissioner Ferguson. Discussion Commissioner Fisher wants the Preservation Committee to give substantial information at the September 19th Commission meeting and if that happens, he would be in favor of granting an additional two weeks at that time. Vote A vote was taken and the motion carried 4-1, with Commissioner Fisher dissenting. XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting was properly adjourned at 7:45 p.m. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida August 21, 2001 ATTEST: C~Clerk Deputy City Clerk (1 tape) CITY OF BOYNTON BEACH . ~ommis~i~ Comm,ss~onerc~ ~~ 14 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 64, 65, 66 and 67 (portions) Cherry Hills Subdivision APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: PO BOX 310, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: August 21,2001 TYPE OF RELIEF SOUGHT: Lot area LOCATION OF PROPERTY: South side of NW 9th Avenue, between NW 4th Street and NW 5th Street DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appellant HAS HAS NOT established by substantial competent evidence a -basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the condit4ons referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other /~0¢l ~ x"~'~'¢?!lllt'l% EXHIBIT "F" Conditions of Approval Project name: Lots 64, 65, 66 and 67 (portions), Cherry Hills Subdivision File number: ZNCV 01-016 (Lot area) Re£erence: Zoning Code Variance Application dated June 8, 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/pat S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 64\CONDITIONS OF APPROVAL ZONING CODE VARIANCE.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 62, 63, and 64 (portions)Cherry Hills Subdivision APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: PO BOX 310, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: August 21, 2001 TYPE OF RELIEF SOUGHT: Lot area LOCATION OF PROPERTY: South side of NW 9th Avenue, between NW 4th Street and NW 5th Street DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included". The AppliCant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: ~ - o~ I- O I ~ S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 62\DEVELOPME~R. DOC All further development on the property shall be made in accordance with the terms and conditions of this order. ,~\\\\\[[~tlllllll#il////,., Other EXHIBIT "F" Conditions of Approval Project name: Lots 62, 63, and 64 (portions), Cherry Hills Subdivision File number: ZNCV 01-015 (Lot area) Reference: Zoning Code Variance Application dated June 8, 2001 DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGiNEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. P~OIq~ ~ MWR/pat S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 6:~ iONS OF APPROVAL ZONING CODEVARIANCE.DOC BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE AddressCOmmissionFill in the informatiOnMeeting, called for below, and/give to the. City C/lerk/prior to the start of the~ City .Name Telephone # Summary of Matter to be Address/ed 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, programs or activity conducted by the City. Please contact Joyce Costeilo, (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 Commission Meetin~j~ Name /~ ~,~' Address / Telephone# Summary of Matter to be A~ssed 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 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 FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cle~rk prior to the start of the City Commission Meeting. Address /y~ / ,ele ho.e , Summary of Matter to be Addressed 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 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 AGENDAITEMS Fill in the information called for below and give to the City Clerk~ior to the start of the City Commission Meeting. Name Address /.~ ~? /~/ Summary of Matter to be Ad~ 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 /~, ,. ~ Address Telephone # Summary of Matter to be Agenda # 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 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.