Loading...
Minutes 02-01-00 MZNUTES OF THE REGULAR CZTY COMMZSS~ON MEETZNG HELD ~N COMM~SSZON CHAMBERS~ cI-rY HALL~ BOYNTON BEACH~ FLOR/DA ON TUESDAY~ FEBRUARY :1, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Ron Weiland, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, ]Interim City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk Tw OPENTNGS: A, B. C. Call to Order - Mayor Jerry Broening Znvocation - Father Mark Szanyi - Saint Mark Catholic Church Pledge of Allegiance to the Flag led by Mayor 3erry Broening Mayor Broening called the meeting to order at 6:30 p.m. Broening led the Pledge of Allegiance to the Flag. D, Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Tillman moved to approve the agenda. motion that carried unanimously. II. ADMINISTRATIVE: A. Following the invocation, Mayor Mayor Pro Tem Sherman seconded the Accept resignation of Harvey E. Oyer TT! from the Education Advisory Board Motion Commissioner Denahan moved to accept. unanimously. B. Appointment To Be Made Board Appointments to be made: Vice Mayor Tillman seconded the motion that carried Length of Term Expiration Date !V Tillman Mayor Broening !! Denahan Children & Youth Advisory Board Alt Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Tabled (2) 1 yr term to 4/00 Tabled (2) 1 yr term to 4/00 Tabled (2) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR]DA FEBRUARY 1, 2000 III Sherman III Sherman Mayor Broening IV Tillman III Sherman III Sherman Code Compliance Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Recreation & Parks Board ALL APPOTNTMENTS WERE TABLED. ITI. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Alt Reg Alt Alt Reg Alt 3 yr term to 9/00 Tabled (2) 3 yr term to 4/01 Tabled (3) i yr term to 4/00 Tabled(2) I yr term to 4/00 Tabled (2) 2 yr term to 4/01 i yr term to 4/00 Tabled (2) At Mayor Broening's request, Melody Green made the following announcements: 1. "Breakfast in Boynton & Green Market" - Saturday, February 5, 2000 from 8:00 a.m. to 11:30 a.m. - Library Lawn 2. BLACK AWARENESS CELEBRATION 2000 EVENTS: SATURDAYf FEBRUARY 12T': a. 9:00 a.m. to 12:00 Noon - City/Corporate Challenge at Hester Center (Softball Hitting Challenge) b 12:00 Noon - Mildred Walker Youth Recognition Luncheon at Holiday Inn Catalina c. Challenge at Hester 2:00 p.m. to 5:00 p.m. - City/Corporate Center (Golf Closest to the Pin Challenge) SUNDAYf FEBRUARY 13T"-' a. 2:00 p.m. to 5:00 p.m. - City/Corporate Challenge at Hester Center (Basketball Shootout Challenge) b. 3:00 p.m. to 6:00 p.m. - Gospel-O-Rama at the Civic Center Presentations: 1. Proclamations: None MEETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOR/DA FEBRUARY 1~ 2000 m Presentation of Plaques of Appreciation by Octavia Sherrod, Community Development Manager, to Quail Run Women's Organization and Men's Club for donations of holiday gift food baskets to needy families at Thanksgiving and Christmas At the podium, Mayor Broening presented Plaques of Appreciation to the Women's and Men's Clubs of Quail Run for their generous donations during the holiday season. CONSENT AGENDA: Commissioner Weiland requested that Item IV-G be removed from the Consent Agenda for discussion. A. Minutes: Agenda Preview Conference - January 13, 2000 Greenways Workshop of January 13, 2000 Regular City Commission Meeting of January 18, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Approve the piggyback purchase of a FRONT-LOADING REFUSE COLLECTION VEHICLE utilizing the City of Lake Park Bid awarded to McClain E-Z Pack, Inc., at a cost of $138,834 Award the 'ANNUAL BID FOR PREPARA-I-~ON AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)" to CEM Enterprises D/B/A Sunshine Paint, in the amount of $33,234.50 and $4.00 per square foot for any additional work Award the "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" to various vendors on a lot-by-lot basis with an estimated annual expenditure of $30,000 Renew the bid for a one-year extension for "BEVERAGE AND FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2000" to Kiwanis Club of Boynton Beach, Florida for the Beverage portion and San Francisco Puffs & Stuff, Inc. of Ft. Lauderdale, Florida for the Food portion with an income of $14,600 (PR OPOSEO RESOL UTXON NO. R 00-09) Award the bid for "SOUTH CONGRESS AVENUE MED~A. NS #S-il - #S-18 LANDSCAPE AND IRRIGATION (PHASE #5 - 1999) TO Siga, Inc. in the amount of $104,904 (PROPOSED RESOZU~XON NO. RO0-.~O.) MEETING MINUTES REGULAR C~TY COMM~SSZON BOYNTON BEACH, FLOI~DA FEBRUARY '1~ 2000 C. Resolutions: None D, SEE ITEM IX-DEVELOPMENT PLANS E. Approval of Bills Em Approve payment of invoices for annual software technical support and maintenance from H.T.E., Znc. of Lake Mary, Florida, in the amount of $16,980 for the period of 3anuary 1, 2000 through December 31, 2000 for Activity Registration ($2,222), AS400 Support Lines and PC Network Support Lines ($13,S8S) and Cognos Impromptu Admin. & Enter ($1,173) Authorize an agreement with CDM Engineers & Constructors, Inc. for the construction of the Downtown Stormwater Retention Pond (Pond "B") using a "CM at Risk" Contract (PROPO$£D R£$OZO~ZONNO. ~00-.~.~) At Commissioner Weiland's request, Item IV-G was removed from the Consent Agenda for discussion. Approve agreement with The Community Foundation for Palm Beach and Martin Counties, Inc. for the award of a $10,000 Planning Grant for the Black Awareness Events (PRoPo$£,o R£$OZ[,ff2'ONNO. ROO-,Z2) Approve staff request for reallocation of budgeted capital improvement dollars to fund the expanded Hester Center Breezeway Construction Project, and authorize staff to prepare an interlocal agreement with Palm Beach County to accept $200,000 grant funding toward this project. (This is a grant-based reimbursable expenditure.) Motion Vice Mayor Tillman moved to approve the Consent Agenda as amended. Commissioner Denahan seconded the motion that carried unanimously, CONSENT AGENDA ITEM FOR DISCUSSION: Authorize an agreement with CDM Engineers & Constructors, [nc. for the construction of the Downtown Stormwater Retention Pond (Pond "B") using a "CM at Risk" Contract Commissioner Weiland confirmed with the Commissioners that the contract with CDM would be in the amount of $4,950,000. That fee would include all specifications in the contract. A 5% ($247,000) contingency is also included. This contingency is intended to cover any requests above and beyond the specifics of the contract. Commissioner Weiland expressed concern MEE'I"~NG M]~NUTES REGULAR Ct'TY COMM'rSS:ZON BOYNTON BEACH~ FLOR.ZDA FEBRUARY 1~ 2000 about the provision of the contract that would require sharing the savings from the 5% contingency (on a 50/50 basis) with the contractor. Dale Sugerman, Assistant City Manager, explained that the contract was structured so that the construction manager would complete the project exactly as specified in the original scope of work had it been handled on a bid basis. All of the work is included with an upside limit of $4.95 million. The 5% contingency is set aside for unexpected or unknown issues. This contract includes a provision whereby the construction manager must list up-front the types of unknowns that could be encountered. The construction manager would be compensated for generic unknowns that are listed. This contingency would allow the City to add something to the project that was not included in the original design. Tf the City spends the entire 5% contingency on add-ons or savings, there will be nothing to split with the contractor. When the project is completed, if there were no add-ons, half of the contingency would go to the contractor and half would go to the City. Commissioner Weiland realized that the City is under a very strict time frame with this project. However, a newsletter he received recently revealed that the Ocean Avenue Bridge project completion date would be extended until October 15th. Tn addition, Mr. Garcia has requested an extension for the marina project. Therefore, Commissioner Weiland requested that the Commission consider looking for other engineering firms to participate in a CM At-Risk contract. Mr. Sugerman explained that a clause in the contract with FDOT mandates substantial completion of Phase T within :L80 days. Phase T includes the completion of the pond and the ability to accept stormwater run-off from the bridge and Ocean Avenue. Final completion would be 210 days into the contract. Tf commencement began immediately, substantial completion would be in August and final completion in November. Final completion would be 15 to 30 days beyond the date required by contract with FDOT. Mr. Sugerman said he would not be comfortable spending more time searching for another firm to do this project. Commissioner Weiland reiterated that he would like to renegotiate the contract with regard to the $247,000. Tn his opinion, if there are no add-ons, the contractor should not be reimbursed half of the contingency. Mayor Broening believed this contingency fee was quite small for a project of this scale. He anticipates that the City will spend this contingency amount. Tn response to Mayor Pro Tem Sherman, Mr. Sugerman advised that this is an incentive for the partnership because we would share in any savings of the $4,950,000. Tn partnership with CDM, the City will do everything possible to keep costs in line and find productive ways to save money. When Mayor Broening questioned why this was not being called a "fixed price incentive fee contract'; Mr. Sugerman explained that it was the result of other public organizations moving forward with this concept that has been legally upheld. MEET'rNG MTNUTES REGULAR clrrY COMM'rss'roN BOYNTON BEACH, FLOI~DA FEBRUARY 1~ 2000 Mayor Pro Tem Sherman felt that since this is a "CM At-Risk" contract, the risk should be included in the $4,950,000 and the contractor should not share in any savings from the 5% contingency. Vice Mayor -lqllman suggested that the Commission move forward with this contract, separating out the contingency so that the City Attorney could look at it more closely. He recommended approving the contract and negotiating an agreement relative to the contingency. Attorney Cherof referred to Articles 3.2 and 7.1.3 that required minor revisions. Mr. Sugerman reported that verbal negotiations had been successful with respect to language. However, there wasn't enough time available before the meeting to incorporate that language into the agreement. Mr. Sugerman confirmed for Commissioner Weiland that the first price received for the project was $5.9 million. The second price was approximately the same at $5.8 million or $5.9 million. Commissioner Weiland pointed out that this CH At-Risk contract is for $4,950,000 and he does not believe any savings would be realized. Mr. Sugerman recommended adoption of the contract. With respect to Item 7.1.3, Mr. Sugerman advised that any disputed payments would be deposited into an escrow account. Don Munksgard, Senior Vice President with Camp, Dresser & McKee, Engineers and Designers, possessed the authority to speak on behalf of CDM Engineers and Constructors. He explained that CDM gave in on a number of very tough issues and is satisfied that this contract is a fair document for both parties. Mr. Munksgard said there is usually a contingency included in a construction contract such as this to cover unknowns. During two bid processes, the project came in at $5.9 million. CDM Engineers and Constructors Inc. is guaranteeing a $:L million reduction over what the public market included for a contingency. The City will control the 5% contingency and both parties must agree to the change orders. This contract has provided incentives to the construction manager to control the added costs from subcontractors. Mr. Munksgard pointed out that this project would take place in the downtown of the City where the infrastructure is from 20 to 40 years old. Issues may arise and a 5% contingency might be Iow. However, CDM has agreed to that amount of money. Commissioner Weiland agreed with most of Mr, Munksgard's remarks but pointed out that Camp, Dresser & McKee originally offered that the project would cost $3.8 million. When the bids came back in, the figure was $5.8 million. Now CDM is willing to do the work for $4.9 million. Although that is a savings of $1 million, it could be construed a cost overrun of $1 million over the initial figure. Commissioner Weiland said he did not have a problem including a contingency; however, he opposes splitting the savings. Mr. Munksgard shared Commissioner Weiland's disappointment with the public bidding process on this project and pointed out that all he could do was speculate as to why the public was disinterested in this job and why such a large contingency was included by the public. MEETING MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLORIDA FEBRUARY 1, 2000 However, he pointed out that CDM will do open book construction with no hidden costs and there would not be a windfall profit for the constructors. If the initial cost estimate of the project were correct, this would be a "win-win" situation for everyone because the City and the constructor would share the savings. This contract provides an incentive to reach that goal. Mr. Munksgard reiterated that staff could issue a "report card" relative to this project on a monthly basis. The intent is to bring the project in closer to the original budget. Commissioner Denahan expressed the same philosophical opinion as Commissioner Weiland with respect to the 5% contingency. However, the open market was very clear about the project's worth. Therefore, her philosophical difference of opinion would not be a deal breaker. She felt the contract was fair and it would be an opportunity for the City to complete a large- scale collaborative public/private project that would move the City forward with downtown development. Mr. Hawkins felt the Commission should look at this project as an investment in future redevelopment of the City. This redevelopment activity could provide a return with an increased tax base. Mr. Sugerman reminded the Commissioners that the City would control the contingency. Tf there is concern about sharing the savings, the City could spend the $247,000 on the project. Motion Vice Mayor 'lillman moved to approve :[rem "G" on the Consent Agenda to authorize an agreement with CDM Engineers & Constructors, :[nc. for the construction of the Downtown Stormwater Retention Pond, known as Pond "B", using a "CM At-Risk" contract. Attorney Cherof recommended an amendment to the motion to include the rewrite of Section 3.2 and 7.1.3 as negotiated. Vice Mayor Tillman agreed to the amendment. Commissioner Denahan seconded the motion that carried 4-1. (Commissioner Weiland dissented.) V. CTTY MANAGER'S REPORT: Mr. Hawkins reported the following: FDOT has allowed the completion of the Ocean Avenue Bridge project to be extended until October 2000 because of rain delays that have already occurred and in anticipation of upcoming rain delays. Landscaping and other finishing touches will be evident before the end of the month on the portion of the Ocean Avenue Bridge project that has been completed by FDOT from 6th Avenue east. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 1, 2000 Furniture and fixtures being considered for installation on the Ocean Avenue project from Federal Highway to Seacrest Boulevard are on display in the Lobby. Comments should be directed to the Office of the Development Director. The Police Department will sponsor a Volunteer Parking Enforcement Specialist training course beginning on April 3rd from 8:00 a.m. to 4:00 p.m., Monday through Friday. Volunteers would be trained and certified to write parking citations. Since program inception, volunteers have issued approximately 217 citations totaling $34,675 of fines. Mr. Hawkins congratulated the Police Department for its work with FDLE in apprehending five rooftop burglary suspects. New technology in the Police cars allowed our Police Department to assist FDLE. VI. PUBLIC AUDIENCE: Herb Suss read an attendance report of Commission meetings from Mlarch 16, 1999 and accused Mayor Pro Tern Sherman of not doing his job for his community because he had been absent a total of eight times. Mr. Suss said he voted for Mayor Pro Tem Sherman and knows he made a mistake. He urged Mayor Pro Tern Sherman to resign and open up the process so that someone else could represent his community for the remainder of the term. Mr. Suss requested an answer to why Mayor Pro Tem Sherman missed so many meetings. Mr. Suss also recommended that the City look into IVlTBE (an additive in gasoline). He reported that Boca Raton has already begun investigating having their water tested to determine if IVlTBE is present in their drinking water. Henrietta Solomon, 230 NE 26th Avenue, asked the Commissioners why the City of Boynton Beach does not have a City Manager and questioned when we would hire a City Manager. She felt this should be the Commission's highest priority. Anita 3enkins, Program Director for Local Initiatives Support Corporation (LISC), said LTSC has been working in Palm Beach County with the Faith Based initiatives. Technical and financial assistance has been successfully provided to a group of people who wanted to take back Pleasant City community in West Palm Beach. Governor ~leb Bush recently rewarded that community with the "Front Porch" designation. LTSC is working with citizens in this community who have been giving up their personal time on Saturdays and in the evening to work on a strategic plan to revitalize the Cherry Hill neighborhood and surrounding areas. These citizens want improved housing, economic opportunity, job creation, manageable community security and a nice place to raise their children. They have pledged their support by putting up some of the initial money to fund this organization. She urged the Commissioners to move forward with the request that was on the agenda. Charlie Fisher, 8069 Stirrup Cay Court, reported that the recent Youth Council "Stop the Violence" dance that was held at the Civic Center was a great success. Betty Williams spoke, Dan Liftman was in attendance and six Congressmen and Senators wrote personal letters. The police were present, but non-intrusive and everyone felt safe. 8 MEETJ:NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR]:DA FEBRUARY 1, 2000 Sarah Williams, 1331 SW 27th Avenue, thanked this Commission and the previous Commission for bringing the City to where it is today. She urged everyone to stop condemning our area and begin giving praise and thanks. Ms. Williams expressed concern about the removal of the Mahogany trees and replacement with Palm trees in the median on NW 17th Avenue. In her opinion, Mahogany trees are everlasting. She urged the Commission to investigate this situation. Lee Wische, 1302 SW 18th Street, inquired why the reader board sign outside the Senior Center still has no notices posted on it. Melody Green said she would respond to lVlr. Wische in writing. Victor Marshall, 380 NW 16th Court, is part of the new CDC that is working to get some things done in this community. He questioned why the Commission tabled the issue of the Faith Based Church twice. Mayor Broening advised that this issue would be addressed under "New Business". A gentleman in the audience who was the Chief Executive Officer for MADDADS in Delray Beach said the City would share positive results when citizens step forward in partnership to change the dynamics of the area. He urged the Commissioners to consider supporting these initiatives. Sunny Garcia, Vice President of Rolling Green, said the homeowners' association worked with Hank Ackermann on a plan to beautify NW 17th Avenue. When the work is completed, the median will be beautiful. Mr. Garcia had no problem with the removal of the Mahogany trees because they were unattractive. VII. PUBLIC HEARING: Project Name: Wal-kMart POSTPONED AT APPLICANT'S REQUEST TO FEBRUARY 1STM Agent: .1. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Inc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of two (2) segments of special purpose easement rights-of way totaling approximately 0.5 acres Project Name: Wal~-Mart POSTPONED AT APPL:[CANT'S REQUEST TO FEBRUARY 1STM Agent: 3. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Thc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of three (3) segments of street rights- of way totaling 0.13 acres VIII. BIDS: MEET/NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA FEBRUARY 1, 2000 None ~C. DEVELOPMENT PLANS: A. Ratification of Planning & Development Board action: Berry Veal (1421 Neptune Drive) - Request to amend the M-1 zoning district regulations, Sections 8.A.3.a(5) and 8.A.4.e to allow as a conditional use the cutting of sub-primal portions of meat and pre-cut poultry into serving portions, including packaging and shipping, and to clarify the list of prohibited uses Richard Carlson, representing Berry Veal, had nothing to add to the back-up material that was provided to the Commission. However, IVlr. Carlson advised that staff provided a recommendation of approval and the Planning & Development Board unanimously recommended approval following slight modifications. Attorney Cherof advised that this application required Commission approval in order to modify the Code. Following approval, an Ordinance would come back on first and second reading to amend the M-1 zoning district. Motion Commissioner Denahan moved to approve the request to amend the M-1 zoning district regulations, Sections 8.A.3.a(5) and 8.A.4.e to allow as a conditional use the cutting of sub- primal portions of meat and pre-cUt poultry into serving portions, including packaging and shipping, and to clarify the list of prohibited uses. Vice Mayor Tillman seconded the motion that carried 4-0. (Commissioner Weiland was away from the dais.) David Chafin (640 NE 15th Place) - Request for relief from Chapter 2. Zoning, Section 5 (C) (2)(a), requiring a minimum rear setback of 25' to allow a 9.5' rear variance, or a rear setback of 15.5' to construct an addition to a single-family home Attorney Cherof pointed out that the record for the Planning & Development Board meeting did not reflect conditions that would satisfy elements of the Code to permit a variance. Ttems #2, #3 and #4 reflect circumstances where staff recommends that one of the alternatives is amendment of the Code. Commissioner Weiland questioned whether or not it would be possible to table this item to allow staff to research the neighborhood to determine the setbacks of other homes in the area. A woman named Melanie approached the podium and requested time to do more research in an effort to construct a freestanding building. The woman asked for clarification of the process. 10 MEETTNG MTNUTES REGULAR C~TY COMMTSSZON BOYNTON BEACH, FLOR2DA FEBRUARY 1, 2000 Commissioner Denahan acknowledged that the Commission was provided with a copy of the criteria that must be met to grant a variance and she referred to Ttem "ff. She questioned whether the Commission could grant the variance if it were determined that surrounding properties did not have setbacks that meet the current Code. Attorney Cherof responded negatively and advised that Ttem "f" is only one factor in the criteria. The applicant must meet each criterion. With that in mind, Commissioner Denahan did not believe that an analysis of the neighborhood would change the Commission's decision regarding the granting of the variance. Attorney Cherof pointed out that it would be difficult to establish a hardship because this property can be used and developed without the variance. Mayor Broening said there is a discrepancy between our current Code and zoning and the vision that we have for the City. He pointed out that in :Item #3, staff and the Planning & Development Board voted to approve a variance from the existing Code to accommodate the City of Boynton Beach because of the vision the City has for a streetscape on Martin Luther King .lr. Boulevard. That streetscape would violate the present 30' setback and take it to a zero setback. This proposal is in concert with the recommendations that came out of Vision 20/20 and with staff's forward-looking view of what redevelopment and development should look like in Boynton Beach for the future. Mr. Berry responded to staff's request that he apply for a variance to accommodate the City. Mayor Broening lives in an older neighborhood east of Federal Highway and his house, and most of the others in the neighborhood, are nonconforming because they do not meet the setback requirements. These citizens are constrained unless they can prove a hardship. Mayor Broening felt consideration should be given to this situation and the time it takes to redo the zoning to accommodate that vision. He would like staff to provide the Commission with recommendations on how to overcome this situation. Mayor Broening feels there is a need for flexibility and good sense must be applied. Mayor Broening said he would support tabling this request at this time. Mike Rumpf, Planning & Zoning Division, advised that the one item that received the most discussion was the discrepancy in the setbacks in this area. Tn reviewing an aerial photo, Mr. Rumpf concurred with the applicant that there is a difference in the setbacks between Coquina Cove Subdivision and Yachtman's Cove Subdivision. There is a difference in lot depth of more than 30'. The lots in the Yachtsman's Cove Subdivision have more than 40' of setback between the home and the rear property line. There is no history of variances in the area. Motion Commissioner Denahan moved to table the David Chafin project. Commissioner Weiland seconded the motion that carried 4-0. (Vice IVlayor Tillman was away from the dais.) Quintus Greene, Development Director, confirmed that staff would return at the next meeting with recommendations for the Commission. 11 MEETTNG MINUTES REGULAR CTTY COMMTSSION BOYNTON BEACH, FLORIDA FEBRUARY 1, 2000 Sammy Berry Building (110 Martin Luther King, .lr. Boulevard) - Request relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum side setback of 15' to allow a 10' variance, or a 5' side setback Attorney Cherof reported that there are three variance requests associated with this property. Item #5 is unique. With respect to Items #3 and #4, the conclusion of the staff back-up report is that staff promotes the granting of the variance in this case or until such time as the appropriate Code revisions are made. The Legal Department does not promote the granting of the variance, but promotes the appropriate Code revision. Motion Vice Mayor Tillman moved approval. Commissioner Weiland seconded the motion. Commissioner Weiland supports the creation of a storefront walkway down Martin Luther King, Jr. Boulevard with parking in the rear. Unless there is a Code revision, this would not work because we would not be able to create uniformity and consistency on both sides of the street. Mayor Broening shared Commissioner Weiland's concern and that is why he recommended that a procedure be developed so requests like this could be approved. He is hopeful the City could provide a mechanism to make this work so that it would be less disruptive for the people who are willing to invest in this City. In response to Commissioner Denahan, Attorney Cherof advised that the Legal Department does not recommend approval of Items #3 and #4. It would recommend approval of Item #5, even though that variance would probably be meaningless without the first two variances. Attorney Cherof reiterated that the solution is Code revision. Vice Mayor Tillman pointed out that the City needs a linch pin. Some of the things the City would like to happen cannot happen because of regulations in our Code. Staff should identify these areas and make it known that there are pending Code changes and regulations for those areas. Vice Mayor Tillman does not want to stop progress in these areas. Mr. Greene advised that staff recognizes the shortcomings in our current Ordinances and there is a great deal of work to be done to update them to bring them in line with the vision. That process would take a great deal of time. Therefore, staff has been looking for creative solutions to solve the problem in the near term. Staff believed they had found a creative solution relative to the Berry request. Staff will return to the Commission at the next meeting with suggestions regarding how to address this and similar problems in the near term. The ultimate solution would be to bring our Ordinances in line with our vision. Mr. Hawkins felt this was actually a welcomed dilemma since the City finally found someone who was willing to do a project in a key redevelopment area. That is one of the reasons why staff chose to work with Mr. Berry who was willing to address the City's concerns There are no other projects waiting in the wings. The Commission could approve this project with the understanding that staff is in the process of developing long-term solutions and short-term 12 MEETTNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOR/DA FEBRUARY 1, 2000 fixes. Staff provided a creative solution that would enable this project to move forward in an area that is in serious need of this type of development. Although Commissioner Denahan strongly supports the visioning process and redevelopment of the City, she said her responsibility to the citizens is to follow the City Attorney's advice. Therefore, she would not support Items #3 and #4. Mayor Broening felt the Commission's responsibility was to make decisions based on all of the information that is available. Commissioner Weiland expressed mixed feelings regarding this request because while he wants to see redevelopment on Martin Luther King, Jr. Boulevard, if a precedent is not set up-front, the City could be causing problems for the future. He would support this request if he were assured that there would be no problems in the future. At this point, he is in favor of delaying approval to allow staff the time to develop the policies and procedures. Commissioner Weiland withdrew his second to the motion. THE MO-I-~ON FA[LED FOR LACK OF A SECOND. THE FOLLOWING DISCUSSION TOOK PLACE AFTER THE COMMISSTON ADDRESSED ITEMS IX-A.4, IX-A. 5, X-A AND X-B. THE DISCUSSION WAS MOVED TO THIS LOCATION FOR CONSISTENCY. COMM.~SSXONER DENAHAN POZNTED OUT THAT THE MOTXON FAZLED FOR ~TEM A.3. THEREFORE~ THE COMMXSSXON ~fOULD NEED TO DZSPOSE OF THAT ~I'EM. A Y7'ORNEY CHEROF RECOMMENDED THAT A MOTZON BE MADE TO DENY THE REQUEST. Motion Commissioner Denahan moved to deny Item IX-A.3. Commissioner Weiland seconded the motion that carried 3-2. (Mayor Broening and Vice Mayor Tillman dissented.) .. Sammy Berry Building (110 Martin Luther King, Jr. Boulevard) - Request relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum front setback of a 30 foot reduction or setback of zero feet Motion Commissioner Denahan moved to deny. Commissioner Weiland seconded the motion that carried 3-2. (Vice Mayor Tillman and Commissioner Sherman dissented.) 13 MEETING MZNUTES REGULAR CI'TY COMMTSSZON BOYNTON BEACH~ FLOI~DA FEBRUARY :L, 2000 Sammy Berry Building (110 Martin Luther King, Ir. Boulevard) - Request relief from Chapter 23, Parking Lots, Article T]:(H)(3) requiring a minimum separation of 180' between a driveway and intersection to allow a 28 foot variance or separation of 152' Motion Commissioner Denahan moved to approve. Vice IVlayor Tillman seconded the motion that carried unanimously. X. NEW BUSTNESS: Request for funding from Boynton Beach Faith Based Community Development Corporation (7;4~i'Z£Z70A/,~'£Zi'A'//AA~Yls~ Mayor Broening advised that there were legal concerns raised by several of the Commissioners that are being addressed. One of the issues was resolved and a second issue is still being investigated. Mayor Broening added that he is strongly in support of this concept and there will be a great deal of discussion regarding this issue at the next City Commission meeting. Motion Commissioner Weiland moved to table for two weeks. Vice Mayor Tillman seconded the motion that carried unanimously. Schedule Special City Commission Meeting before CRA Meeting on Wednesday, February 9, 2000 for election matters Motion Commissioner Denahan moved to approve. Commissioner Weiland reminded the Commissioners that during the Agenda Preview Conference there was discussion about scheduling the next Agenda Preview Conference for Thursday, February 10th. Commissioner Weiland suggested allowing an hour for the next Preview Conference at approximately 5:15 p.m. on February 9th rather than on February 10th, Mayor Broening requested that the Special City Commission Meeting be scheduled first and the Commission would deal with the Agenda Preview Conference later in the meeting. Motion Commissioner Weiland moved to approve scheduling a Special City Commission before the CRA meeting on Wednesday, February 9th for election matters. Mayor Pro Tem Sherman seconded the motion that carried unanimously. 14 MEETZNG MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA FEBRUARY 1, 2000 ReConsideration of Resolution No. R99-166 regarding the contract for purchase and sale of real property between the City of Boynton Beach and the Town of Ocean Ridge and Resolution No. R99-167 regarding an :[nterlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge providing for cooperation between the parties concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean Ridge Town Hall Motion Commissioner Weiland moved to reconsider discussion on Resolution R99-166. Mayor Pro Tem Sherman seconded the motion. City Clerk Sue Kruse polled the vote: Commissioner Weiland - Yes Mayor Broening - No Vice Mayor Henderson - No Mayor Pro Tem Sherman - Yes Commissioner Denahan - No The motion failed 2-3. Motion. Commissioner Denahan moved to reconsider Resolution No. R99-167. Mayor Pro Tern Sherman seconded the motion. City Clerk Sue Kruse polled the vote: Mayor Broening Vice Mayor Tillman Mayor Pro Tem Sherman Commissioner Denahan Commissioner Weiland No No No Yes Yes The motion failed 2-3. Commissioner Weiland requested that the record reflect that he made valid points at the last meeting about these issues and he was appalled that three Commissioners were not looking out for the best interests of the City. Mayor Broening said everyone on the Commission seeks to serve the best interest and everyone does it in different ways with different information. When Mayor Pro Tem Sherman requested a review of the motions, Attorney Cherof explained that the first issues of consideration were whether or not the Commissioners wished to bring back by motion for reconsideration the sale of the property to Ocean Ridge. The second motion dealt with the Tnterlocal Agreement. 15 MEETING MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLORIDA FEBRUARY 'lr 2000 Mayor Pro Tem Sherman requested that another vote be taken on these issues. Attorney Cherof explained that the prevailing side was the defeat of the motion. The prevailing side involved Mayor Broening, Vice Mayor -fillman and Mayor Pro Tern Sherman. Motion Mayor Pro Tem Sherman moved to reconsider R99-167. Commissioner Weiland seconded the motion that carried 3-2. (Mayor Broening and Vice Mayor Tillman dissented.) Commissioner Weiland explained that he understood that each Commissioner had his/her own opinion about representing the City. However, the Tnterlocal Agreement that contains a clause that would allow cancellation with 180 days' notice is not in the best interest of the citizens of this City. This Tnterlocal Agreement needs further investigation to determine what the City is willing to accept in terms of shared parking and this could be tied into the sale of the property. Commissioner Weiland advised that he was given a map showing the proposed remodeling of the Town of Ocean Ridge Town Hall. We could explore selling the property on the south side for their expansion and keep the property on the north side for parking. We would then never have the concern of shared parking or cancellation of the Tnteriocal Agreement. Commissioner Denahan said the Interlocal Agreement can, and should be tied to the sale of the property. Tt isn't necessary to revisit Resolution 99-166 to tie the two items together. Commissioner Denahan remarked that erroneous information was provided to the Commission at the last meeting when the vote was taken. Therefore, she is willing to reconsider this item. The Commission must tie the Tnterlocal Agreement together with the sale to include deed restrictions, overflow shared parking and the right of first refusal. Maurice Rosenstock, :!. Villa Lane, said in his opinion, and that of the people he represented, City property should not be sold. He supports giving up easements, swales or property that dead-ends, but he is opposed to the sale of valuable property along the oceanfront or the Intracoastal Waterway. Mr. Rosenstock felt the City should be buying this type of property. Mr. Rosenstock felt this was a bad deal because the property is undervalued. He questioned the method by which the appraisal was done. He felt the appraisal was Iow based upon the usage of the property. Mr. Rosenstock referred to a personal friendship between a City Commissioner and a Council member from the Town of Ocean Ridge. He questioned whether that friendship influenced this deal. Mr. Rosenstock said there is a cause of action that can be brought by the State of Florida Attorney General because the Sunshine Law was violated. Mr. Rosenstock stated that two or more Commissioners were involved in the negotiations and public meetings were not held. Mr. Rosenstock also accused a City staff member of negotiating with the Town of Ocean Ridge. Mr. Rosenstock said he would ask the Attorney General to investigate this matter. Mayor Broening advised that he would wholeheartedly welcome the investigation. Commissioner Weiland expressed his opinion that the appraisal was developed using 80% of the land on Parcel "B" and 70.9% on Parcel "A". There are mangroves on 9,400 square feet of 16 MEETING MZNUTES REGULAR C'rTY COMM'rSSI'ON BOYNTON BEACH, FLORZDA FEBRUARY 1, 2000 Parcel "A" and 5,300 square feet on Parcel "B". This property could still be developed such as was done in Mangrove Park. Herb Suss. complained that the resurfacing of this issue confuses the public. However, he commended Commissioner Weiland for requesting reconsideration of this issue. Mayor Pro Tem Sherman requested a few moments at the end of the meeting to address Mr. Suss' erroneous, slanderous character assassination made earlier in the meeting under Public Audience. Mayor Pro Tem Sherman said he had trouble with the appraisal from the outset. He complimented Vice Mayor Tillman for his participation in the negotiations. He pointed out that there was a Iow number of $3.07 and a high number of $13.87. He doesn't understand how a figure of $5.03 per foot was achieved. Negotiations should have begun at least in the middle of that span. In addition, there were no considerations applied for changes in market conditions. Mayor Pro Tem Sherman feels it is important to revisit this on a value issue. He is opposed to selling the land but agreed that if that was the Commission's desire, the City should get the most it possibly could for the property. Mayor Pro Tem Sherman feels the property is undervalued and he would like to find a way to retain the land. Commissioner Weiland commended the City Attorney's Office for preparing the packet of information for the Commission that included the appraisal report. Although he began reading the appraisal report, because of illness, he could not complete his review. He requested additional time for review and an opportunity to discuss this issue at a later date. Edward Tedtmann, 869 NW 8th Avenue, said his last understanding of this issue was that the Commission agreed to resolve the outstanding issues and come up with an agreement that would satisfy everyone. If there are plans for construction, why not consider selling the south side and leasing the north side? Commissioner Weiland reported that at the last meeting, he made a motion that failed to renegotiate the entire deal. Upon hearing a few suggestions from the Mayor that could have been incorporated into a deal, Commissioner Denahan made a motion to approve. The motion was not amended to include the Mayor's comments. Therefore, the motion Commissioner Denahan approved was the original deal that Vice Mayor Tillman negotiated with the Town of Ocean Ridge. Brian Edwards, 629 NE i:jth Avenue, suggested that before any of the Commissioners negotiate any deals, a workshop meeting should be scheduled so that the public can offer input and the Commissioners can do "homework" before it comes forward for a final vote. He further recommended that a qualified negotiator be assigned to any future negotiations. This suggestion would save the City, the Commission and the public a great deal of embarrassment. Maurice Rosenstock recalled that when representatives were selected to negotiate with the Town of Ocean Ridge at a previous Commission meeting, Mayor Broening and Vice Mayor Tillman were selected. When Mayor Broening disagreed, Mr. Rosenstock asked what the record would reflect. City Clerk Sue Kruse advised that she would have to check the record. 17 MEETTNG MTNUTES REGULAR CTTY COMMt'SSTON BOYNTON BEACH~ FLOI~DA FEBRUARY 1~ 2000 Mr. Rosenstock asked the City Attorney if notice to the public was required for Commissioners to negotiate the sale of City property. Attorney Cherof advised that when the Commission delegates to any individual the authority to negotiate, individually or collectively with the City Manager or another Commissioner, those meetings are public meetings. Mr. Rosenstock argued that if the negotiations were not properly noticed, they were illegal. Mayor Broening and Vice Mayor Tillman stated that two Commissioners did not participate in the negotiations. In response to Mr. Rosenstock, Attorney Cherof advised that Florida law makes a distinction between negotiation and fact gathering. When an individual, one single Commissioner, is delegated the authority to negotiate, that meeting must be conducted in the public. Attorney Cherof reminded the Commissioners that the Tnterlocal Agreement and the sale of the property were one transaction. Tt would be inconsistent for the Commission to approve one and deny the other. The term of the Tnterlocal Agreement could be ended with 180 days' notice. This is a temporary document. The conveyance of the property is permanent. Mayor Broening realized that there were serious differences of opinion relative to this property. The public made valid points that deserve consideration. With regret, Mayor Broening said he was prepared to reevaluate the issue. He believed the process was handled properly and the Commissioners had ample opportunity to ask questions. Mayor Broening was concerned about the language related to 180 days' cancellation notice in the Interlocal Agreement, but he was not uncomfortable with the deal. Mayor Broening suggested revisiting the issue from ground zero. Mike Friedland felt that every piece of land in this City is needed to accommodate growth. This City should be acquiring land rather than giving it up. He urged the Commissioners to reevaluate in an effort to retain the land. Commissioner Weiland pointed out that if the Commissioners had the opportunity to do more research, perhaps the proper questions would have been asked. Vice Mayor Tillman recommended that the Commissioners set a window of time in the future to understand material presented so that viable and fruitful decisions can be made. The biggest issue is indecisiveness and not being able to govern effectively. He pointed out that this Commission continues to revisit issues because of lack of understanding. Each Commissioner must fine-tune these issues to avoid being a public spectacle. Commissioner Weiland agreed that this is an embarrassing situation but pointed out that the Commission is not always given the proper amount of preparation time. Motion Commissioner Weiland moved to strike Resolution R99-167. Commissioner Denahan seconded the motion that carried unanimously. 18 MEET/NG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOR/DA FEBRUARY 1, 2000 Motion Commissioner Denahan moved to reconsider Resolution R99-166. seconded the motion that carried unanimously. Commissioner Weiland Motion Commissioner Weiland moved to strike Resolution R99-166. Commissioner Denahan seconded the motion that carried unanimously. D. Discussion on Public Meeting Procedures Mr. Hawkins reported that there was a consensus of the Commissioners to revisit the procedure for public audience. Previous procedures were provided to the Commissioners for review. Prior to April of 1991 the procedure required the public to sign in indicating the items they wished to address. One sign-in sheet dealt with items listed on the agenda and another was for items that were not listed. The School Board of Palm Beach County and the City of Fort Lauderdale use this type of procedure. Commissioner Denahan said she was aware that we used this procedure in the past. She was impressed with the way the Fluoridation Public Hearing was conducted and supports instituting the procedure. She urged the Commission to be flexible for the first couple of months. Commissioner Weiland felt there would be problems when this procedure was first introduced until people get used to it. However, advertising the procedure should help eliminate the problems. He agreed that the Commission would have to be flexible when the program is implemented. Mayor Broening was also pleased with the way the Fluoride Public Hearing went because it allowed the Commission to accept information in a precise manner. While this is a way to organize input, he is concerned that people may not be heard. He would like to institute this procedure on a trial basis to see how it works out. Mayor Pro Tem Sherman felt this procedure would help to eliminate unruly and unfriendly behavior. He supports instituting this procedure. Motion Vice Mayor Tillman moved to move forward with setting up standardized procedures for Public Audience, Mayor Pro Tem Sherman seconded the motion that carried unanimously, Xl'. LEGAL: A. Ordinances -- 2nd Reading - PUBLZC HEARTNG 19 MEETING MZNUTES REGULAR CITY COMMTSSION BOYNTON BEACHf FLORZDA FEBRUARY 1~ 2000 None Ordinances- 14 Reading None C. Resolutions: None D. Other: None XIZ. UNFINISHED BUSTNESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round TII Core Grant Program (T,4B££D TO F£BR UA R Y 15~) B. Close out Procedure for Tnterviewing and Hiring City Manager Attorney Cherof reported that the consultant is prepared to provide the Commission on February 12th with a short list of five candidates suitable for interviewing with an expectation that the Commission may want to conduct the interviews a week from that date (February 19). Commissioner Weiland reported he discussed with IVlr. Slavin the possibility of interviewing the candidates on Thursday, February 17th, Friday, February 18th and/or Saturday, February 19th. :In addition, Commissioner Weiland said he was not in 100% agreement of accepting a short list of only five. IVlr. Slavin advised him that four members of the Commission were in favor of looking at five people. Commissioner Weiland would like to see between seven and nine candidates. IVlayor Broening would not be opposed to having alternates to the process if the Commission falls short of the five. Commissioner Denahan felt there was sufficient quality from the 81 applications to direct the Executive Search Consultant to bring back to the Commission a list of a minimum of five candidates. This Commission aborted the process once already and that polluted the pool of candidates. Commissioner Denahan would like to preserve the integrity of the candidates. She urged the Commission to allow the consultant to bring back the short list. Vice Mayor Tillman agreed with Commissioner Denahan's remarks and said he would not want to expose a candidate to any ill feelings. He agreed that the Commission needs to let the consultant do this job and pointed out that confidentiality must be maintained. 20 MEETZNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLORZDA FEBRUARY 1, 2000 Commissioner Weiland agreed that Mr. $1avin has done an excellent job to date, but he would prefer to have seven or eight candidates rather than five. Mayor Broening said he wants the top five candidates, but it would not hurt to have a few additional candidates in case one or more fall out of the running. Commissioner Weiland requested that the Commissioners consider conducting the interviews on Thursday or Friday rather than on Saturday if feasible. Commissioner Weiland said he would be present on Saturday if necessary. He asked the City Attorney to check this out with Mr. Slavin. Consensus There was a consensus of the Commission to accept the short list on February 12th and to conduct the interviews either on Thursday or Friday if possible. The interviews would be arranged on Saturday if Thursday or Friday presented a problem. XlII. OTHER: None XTV. AD.1OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:15 p.m. CITY OF BOYNTON BEACH Vice Mayor ATTEST Mayor Pro Tem Cit~Clerk Commissioner City Clerk --('Four Tapes) Commissioner 21 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AIA, PA APPLICANT'S ADDRESS: 516 S. Dixie Highway #lA Lake Worth, FI 33460 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000 TYPE OF RELIEF SOUGHT: Driveway distance from intersection (ZNCV 99-020) LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. DRAWING(S): SEE EXHIBIT "C" 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 Planning and Development 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 Applicant X 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 "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions 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. J:\SHRDATA~PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUILDING~ZNCV~DEVELOPMENT ORDER-I-19-OODRIVEWAY DISTANCE.DOC EXHIBIT "D" Conditions of Approval Project name: Sammy Berry File number: ZNCV 99-020 (driveway distance) Reference: Zoning Code Variance Application dated December 2, 1999. DEPARTMENTS I 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 PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Tc be dctc:-.nin:d. ~,~r~' ~ J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUILDING~NCV~COND. OF APPR CC 2-1-00 DRIVEWAY DISTANCE.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AIA, PA APPLICANT'S ADDRESS: 516 S. Dixie Highway #lA Lake Worth, FI 33460 DATE OF RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000 TYPE OF RELIEF SOUGHT: Side yard setback from property line (ZNCV 99-018) LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. 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 Planning and Development 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 Applicant HAS _v"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 "D" 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other S:\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUILDING~ZNCV~DEVELOPMENT ORDER-I-19-O0 SIDE SETBACK. DOC EXHIBIT "D" Conditions of Approval Project name: Sammy Berry File number: ZNCV 99-018 (side yard setback) Reference: Zoning Code Variance Application dated December 2. 1999. INCLUDE I REJECT DEPARTMENTS 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 PLANN1NG AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 2. T-~bc ~,~, ...... ai~-~ ,v/' J:\SHRDATA\PLANNING\SHARED\WP~ROJECTS\SAMMY BERRY BUILDING~NCV~COND. OFAPPR CC 2-1-00 SIDE SETBACK.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AIA, PA APPLICANT'S ADDRESS: 516 S. Dixie Highway #lA Lake Worth, FI 33460 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000 TYPE OF RELIEF SOUGHT: Front yard setback from property line (ZNCV 99-019) LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. 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 Planning and Development Board, which Board found as follows: OR V'/ 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 Applicant HAS v"_ 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 "D" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ~;7-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 J:\SHRDATA~PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUILDING~NCV~DEVELOPMENT ORDER-I~I9-O0 FRONT SETBACK. DOC EXHIBIT "D" Conditions of Approval Project name: Sammy Berry File number: ZNCV 99-019 (front yard setback) Reference: Zoning Code Variance Application dated December 2, 1999. 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 PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 2. T,~-; ,,~ ,;,~, .~ '"~_,~_~-.Z~ V'/ J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUILDING~ZNCV~COND. OF APPR CC 2-1-00 FRONT SETBACK. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BERRY VEAL APPLICANT'S AGENT: Richard W. Carlson, Jr., Esq. APPLICANT'S ADDRESS: 1421 Neptune Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2000 TYPE OF RELIEF SOUGHT: Amend the M-1 zoning district regulations to allow as a conditional use the cutting of sub-primal portions of meat and pre-cut poultry into serving portions, including packaging and shipping, and to clarify the description of the related prohibited uses. LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT"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 Planning and Development 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 Applicant X 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 "C" with notation "Included". The Applicant's application for relief is hereby X 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: S:~Planning\SHARED\VVP\PROJECTS\BARRY VEAL INC. ~CDRWDEVELOPMENT ORDER.doc All further development on the property shall be made in accordance with the [~ms and conditions of this order. .,S'? Other _ . ~, ~:~. · /~ City Clerk EXHIBIT "C" Conditions of Approval Project name: Berry Veal File number: CDRV #99-004 Reference: Code Review Application dated November 4, 1999. I 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 PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Text describing conditional use shall also state that all pre-cut sections of X meat entering the use shall not exceed 10 pounds and waste generated shall not exceed 1%. ^DDIT~ONAL C~T¥ COm~SSION CONDITIONS 2. T~~,,~ .~ MWR:dim J:\SHRDATA\PLANNING\$HARED\WP\PROJECTS\BERRY VEAL\COND. OF APPR CC 2~1~00. DOC