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Minutes 12-17-02M1'NUTES OF THE REGULAR CI'TY COMMI'SSI'ON MEETI'NG HELD I'N COMMTSSI'ON CHAMBERS, CI'TY HALL, BOYNTON BEACH, FLORI'DA ON TUESDAY, ~DECEMBER 17, 2002 AT6:30 P.M. Present Mike Ferguson, Vice Mayor IVlack McCray, Commissioner Carl IVlcKoy, Commissioner Ron Weiland, Commissioner ~[. OPENINGS: Kurt Bressner, City Manager .]im Cherof, City Attorney Janet Prainito, City Clerk Call to Order - Vice Mayor Mike Ferguson Invocation - Dr. Solomon Rothstein, 2® Police Chaplain Pledge of Allegiance to the Flag led by Vice Mayor Ferguson Vice Mayor Ferguson called the meeting to order at 6:35 p.m. He announced that Mayor Broening was in the hospital for observation and, hopefully, would be released tomorrow. Dr. Rothstein offered the invocation followed by the pledge of allegiance to the Flag led by Vice Mayor Ferguson. D. I'F YOU WI'SH TO ADDRESS THE COMMI'SSi'ON: · FI'LL OUT THE APPROPR1'ATE REQUEST FORM · GI'VE I'T TO THE CI'TY CLERK (ON THE DA1'S) BEFORE "OPENI'NGS" PORTI'ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODI'UM WHEN THE MAYOR CALLS YOUR NAME THE 1'NDI'VI'DUALS MAY SPEAK FOR THREE UNI'NTERRUPTED MI'NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Meeting Minutes Regular City Commission Boynton Beach, Florida December :17, 2002 2. Adoption Motion Commissioner McKoy moved to approve the agenda. the motion that carried unanimously. II. PUBL]~C AUDTENCE: [NDTV~[DUAL SPEAKERS PRESENTAT~[ONS Commissioner Weiland seconded WZLL BE L]M]:TED TO 3-MZNUTE Karen Whetsell, Principal of Poinciana Elementary School, spoke regarding a program called "Peacekeepers." This program is being developed by the Boynton Beach C.D.C.; Cathy Harris, the Principal at Galaxy Elementary School; and Ms. Whetsell. They will be meeting with the youth after school to work on conflict solving and problem solving skills. Ms. Whetsell said that at some point, they would be looking for some funding. Bob Ensler, 26 Woods Lane, mentioned the water problem that Boca Raton was having and thanked the Boynton Beach Utilities Department for the fine job they do with supplying the citizens with clean water. Herb Suss, a citizen of Boynton Beach, wished everyone a Merry Christmas and Happy New Year. He will be issuing report cards in .lanuary to the Commission and City departments. Bruce Black, S86 Manor Drive, named after prominent citizens in honored and suggested the following: said that there were many buildings and parks the community. He requested that others be The baseball field at Hester Center be named after Tommy Williams, a 30-year employee in the Recreation Department · A endeavor at the New Wilson Center be named after the late Carolyn Sims The new [ntracoastal Park be named after former Recreation & Parks Director Charlie Frederick David Fellows, 638 N.E. 9th Avenue, wanted to thank the City on behalf of TNCA for their fantastic cooperation during the past year. City Attorney Cherof and Police Chief Gage were very helpful with cleaning up Yachtsman's Plaza. During meetings concerning drainage, Dale Sugerman, Mark Law, and Paul Fleming were very attentive to the residents' concerns. Mr. Fellows was very appreciative that Commissioner McCray attends all of TNCA's meetings. Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 2007 Susan Miller and .loanne Weld spoke regarding a problem they were having with barking dogs at 307 S.E. 2:Lst Avenue since November 1999. They contacted Animal Control and the Police Department and sent a letter to the City Manager. They do not know what else they can do so they came to the Commission seeking a remedy. Vice Mayor Ferguson told them that Police Chief Gage would address their concern. Leon .lenkins with the Heart of Boynton's Youth Leadership Program, spoke as a follow-up to Principal Whetsell's presentation on the program initiated by the Boynton Beach C.D.C. This is a program to work with elementary age kids on dropout and violence prevention. He requested ways to explore funding for this program in the near future. III. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray stated that he had some concerns he wanted to discuss under New Business. Commissioner McKoy commended staff on the Christmas Parade. He also said that he was concerned as a parent and a citizen regarding what he has been seeing in the media regarding Congress Middle School. No child should have to be educated in an area where there is racism. He requested that the Community Relations Board or the Education Advisory Board look into this matter and report back to the Commission. Commissioner McCray was not pleased with the Christmas Parade. There were far less entries this year than in the past. He requested information from the City Manager regarding the last three parades that were held on Federal Highway. Also, Commissioner McCray felt that there was an on-going problem of racism at Congress Middle School. The Palm Beach County School Board needs to take care of this problem. Commissioner Weiland agreed with both of Commissioner McCray's comments. However, he believed that the decline in the parade entries was due to the 9:00 a.m. starting time. He requested that Commissioners have input in the parade planning in the future. He also thought that the School Board should handle the problem at Congress Middle School and report back to the City. Commissioner McKoy felt that it was important to address the issue at Congress Middle School as a City. IV. ADMINISTRATIVE: Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 2002 A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date IT! Ferguson Bldg. Bd of Adj & Appeals Alt i yr term to 4/03 II! Ferguson IV McKoy Mayor Broening Education Advisory Board Stu Education Advisory Board Stu Education Advisory Board Reg i yr term to 4/03Tabled (2) ! yr term to 4/03Tabled (2) 2 yr term to 4/04 Mayor Broening Library Board Alt I Weiland Library Board Reg ! yr term to 4/03Tabled (3) 3 yr term to 4/03Tabled (3) IV McKoy Nuisance Abatement Board Alt 1 yr term to 4/03Tabled (3) II McCray Recreation & Parks Board Alt 1 yr term to 4/03Tabled (2) Vice Mayor Ferguson appointed Altagrace Medastin as a Student Member of the Education Advisory Board. Commissioner Weiland appointed Robert Heffernan as a Regular Member of the Library Board. All other appointments were tabled. Notion Commissioner IvlcCray moved to approve the appointments. seconded the motion that carried unanimously. Commissioner McKoy V. ANNOUNCEMENTS~ COMMUN1~TY & SPECI~AL PRESENTATIONS: EVENTS, & A. Announcements: None Theresa "Decorating with Lights" contest and presented them with trophies. Community and Special Events 1. Presentation of awards for "Decorating with Lights" contest Zabik, Events Coordinator, recognized the winners of the third annual The winners were: 4 Meeting Minutes Regular City Commission Boynton Beach, Florida December :1.7, 2002 1st Place - Business category 1st Place - Community Association 3rd Place - Best Decorated Home Category 2® Place - Best Decorated Home Category :Lst Place - Best Decorated Home Category Judges' Choice The Dolphin Restaurant Boynton Leisureville Joseph Baldwin Patricia Washington Lisa Pot-ts Trento Abbruciati Ms. Zabik announced that there were 150 people on the Holiday Lights Tour. C. Presentations: :L. Proclamations: a. "Rose Ann Tillman Day" - December 30, 2002 Vice Mayor Ferguson read the Rose Ann Tillman Day proclamation. Henderson Tillman, Mrs. Tillman's son, accepted the proclamation on behalf of his family. Presentation from representatives of Boynton Cultural Centre, Inc. to the current and immediate past Commissioners to commemorate a successful first year at the Schoolhouse Children's Museum Hilary Lynch, President of the Boynton Cultural Board of Directors, stated that the Schoolhouse Children's Museum celebrated their one-year anniversary recently. They had originally anticipated they would have 17,000 visitors in their first year; however, 32,186 people actually visited the museum. She said that their success was due, in part, to their partnership with the City. This partnership has meant many things to the City. It made practical use of an old building, added an additional educational resource for today's children and their families, encouraged community cohesiveness, and brought tens of thousands of people to the downtown area. To commemorate a successful year and thank the City for their partnership, Ms. Lynch presented crystal paperweights to the Vice Mayor, Commissioners, and former Commissioner Charlie Fisher. Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 2002 VI. PUBLIC HEARING: AGENDA PERMITS 6:30 P.M. OR AS SOON THEREAFTER AS THE Amending the Motorola DRI/Master Plan to allow retail, commercial, and 500 residential units on 48.1 acres of the 87.4-acre site (Proposed Ordinance No. 02-06:~) City Attorney Cherof read proposed Ordinance No. 02-061 by title only. Bruce Black, S86 Manor Road, had concerns regarding how the residents of apartments would pay their fair share of taxes and how City services would be affected now and in the next 10 to 15 years. He wondered what the difference in the tax base would be between 500 apartments versus single-family homes. He felt that the Commission should move with caution on this item. Mar,/Law, 62S S. Federal Highway, was concerned regarding preservation issues. She asked that when developments were approved, the Commission ensure that the water supply is adequate for the current population and that the native habitat and native animals are preserved. There is a pair of burrowing owls on the site and she felt that they should remain. Lusia Galav, Principle Planner, explained that Chapter 380 is a Florida Statute that governs developments of regional impact, which is what Motorola is. Motorola was partially built out and subsequently the 87.4 acres were purchased by another developer and they proposed a change to this master plan, including 500 multi-family dwelling units, 63,500 square feet of commercial space, 450,000 square feet of office space, and 128,000 square feet of warehouse space. The applicant proposes to retain the original Motorola building on the site. The retail areas would be adjacent to Congress Avenue and the existing day care would remain. The Regional Planning Council, the Department of Community Affairs, and the City reviewed the notice of proposed change, based on different criteria. Traffic was an outstanding issue and the developer had meetings with both Palm Beach County and D.O.T. to resolve the traffic methodology question, which was accomplished. The original Motorola DR! was vested for 13,020 trips and the proposal with the master plan change would generate 12,837 average daily trips. It was determined that there would be no additional regional impact because of traffic. The local issues were also reviewed and utilities was a major issue. The proposal would generate more gallons per day in sewer and water than what was originally proposed for the Motorola DRI. The applicant would need to mitigate this according to comments 1, 2, and 3 in the conditions of approval. The City would conduct a study regarding the wastewater capacity at the applicant's expense and if additional infrastructure 6 Meeting Minutes Regular City Commission Boynton Beach, Florida December :~7, 2002 improvements were required, the applicant would pay for them. Also, the applicant would pay for additional water. Tn order to accommodate the applicant's proposal, their drainage permit would have to be modified with the South Florida Water Management District at time of site plan approval. There are burrowing owls on site and the applicant submitted a migratory bird nest removal application with the State of Florida Fish and Wildlife Conservation Commission as required. They meet school concurrency requirements. The Parks & Recreation fees would be paid at time of site plan approval. The developer agreed to work with staff to provide a greenway/pathway easement along the LWDD E-4 Canal and the C-16 Canal and there is a condition of approval requiring this. Staff feels that this project would be consistent with the Comprehensive Plan. Ms. Galav distributed an addendum that included a revised letter from the Regional Planning Council, which had no objection to the proposed change. They did have some concerns regarding the type of development in terms of the site planning of the development. They wanted to see a more mixed-use development. Therefore, a revised condition, #14, was added that states that at time of site plan approval, the applicant would work with the Treasure Coast Regional Council and City staff to incorporate the best components of mixed-use development. The applicant agreed to this condition. Also, condition #15 was added to address the turn lane improvements requested by Palm Beach County. Vice Mayor Ferguson felt that the concerns of Mr. Black and Ms. Law were probably site plan related issues and that the basic purpose of the public hearing tonight was for a use change. Ms. Galav stated that the Commission is determining whether or not this is a substantial deviation, which staff is recommending that it is not, and approving the change to the original master plan. Commissioner Weiland had a concern regarding water and whether there would be an adequate supply. Ms. Galav explained that in discussions with Pete Mazzella and Dale Sugerman, it was noted that there is enough water. The applicant would just have to pay for it. The larger issue is the wastewater and whether the infrastructure is adequate to serve this type of development, which necessitated the study. Pete Mazzella, Deputy Utilities Director, stated that Ms. Galav was correct. The critical issue is whether the infrastructure could handle the wastewater. Potable water is always a concern in Florida and the permitting of water withdrawals is still an issue that Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 2007 the City is dealing with; however, the City would have to deal with that whether or not this development goes forward. Commissioner Weiland had a concern regarding the number of units and if this project is approved tonight with language that states "500" units, whether the developer could hold the City to that number when the site plan comes forward. Ms. Galav replied affirmatively. Commissioner Weiland wanted some of the units to be single-family detached homes, zero lot line homes, or fee-simple townhouses. Ms. Galav replied that with the 500 units they are requesting and because they are requesting rezoning to C-3, this would allow for apartments, condominiums, or townhouses. C-3 zoning would not allow single-family homes. 3eft Douglas, representing Maury L. Carter & Associates, agreed with the conditions of approval. They will conduct a market study to determine the residential mix. The area is not compatible with single-family use. He said that there would be a mix of ownership and rentals In response to Commissioner Weiland's concern regarding traffic, Ms. Galav explained that at the site planning stage, the City would be dealing with the traffic circulation pattern within the development and working with the County regarding Congress Avenue. Commissioner Weiland questioned the size of the buffer and whether it would be adequate for a greenway. Commissioner McKoy also had a concern regarding the greenway space and the language referencing the two canals that read "and/or." Ms. Galav stated that the Parks & Recreation Department and the Planning & Zoning staff both have an interest in seeing buffers along both canals. The first requirement would be along the LWDD E- 4 Canal so that the property to the south could be connected when it is developed. The second requirement to the south along the Boynton Canal does not provide as much opportunity for a connection. However, green space is wanted along both canals. Commissioner McKoy also questioned whether more footage with the buffers could be provided for an exercise area. Ms Galav said that this could be addressed at time of site plan approval. Commissioner McCray felt that the Commission needs to face the reality that Motorola is leaving Boynton and would not be coming back. Meeting Minutes Regular City Commission Boynton Beach, Florida December :i7, 200? Motion Commissioner McCray moved to approve Commissioner Weiland seconded the motion. proposed Ordinance No. 02-061. City Manager Bressner asked whether the motion inCluded the revised standards in Exhibit C in accordance with the memorandum dated December 13, 2002 from City staff to the Commission. Commissioner McCray replied that it did. Commissioner Weiland stated that he realized that the City needs to seize this opportunity to have something done with the Motorola building and develop the property. He was very reluctant regarding the residential aspect of the project but would hesitantly approve it. Vote City Clerk Prainito called the roll and the motion passed 4 to 0. B. Project: Agent: Owner: Location: Description: Hawks Landing (REZN 02-006) (POSTPONED 1'0 TH£ .~2/.~9/02 P/.ANN~rNG & Grayhawk Development Corporation North of 16th Avenue, between 3rd Court and 4th Street Request to rezone from R3 Multifamily (10.8 dwellings per acre) to Planned Unit Development (PUD) (for 18 single family detached zero lot line homes Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (POSTPON£D) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for conditional use/site plan approval for gas station, convenience store/fast food restaurant with drive through on a 6.54-acre parcel VII. 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. 9 Meeting Minutes Regular City Commission Boynton Beacht Florida December :1.7, 2007 A. Minutes: Agenda Preview Conference of December 2, 2002 Regular City Commission Meeting of December 3, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTAINED VACUUM UNIT," Bid #078-2821-02/C3D, to VACUUM SOURCE, INC. of Greer, South Carolina in the amount of $24,950 (7'ab/ed at Meeting) REQUEST REMOVAZ FROM TAB£E AND MOTZON TO REMOVE FROM AGENDA Commissioner McCray requested that item B.1 be pulled from the consent agenda. Award the TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES," Bid #014-2110-03/KR, for an estimated annual expenditure of $200,000 (Proposed Resolution No. R02-215) Commissioner McCray requested that item B.2 be pulled from the consent agenda. C. Resolutions: Proposed Resolution No. R02-216 Re: Ratifying the 2002- 2005 Collective Bargaining Agreement between the City of Boynton Beach and the Boynton Beach Association of Fire Fighters, Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC Proposed Resolution No. R02-217 Re: Release of cash bond of $4,092 to Hunters Run Property Owners Association, Inc. for the project known as Hunters Run Country Club Proposed Resolution No. R02-218 Re: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the National Conference of Firemen & Oilers SEIU, AFL-CIO, CLC, Local 1227, to resolve/clarify an issue of dispute between the parties 10 Meeting Minutes Regular City Commission Boynton Beach, Florida December :17, 2007 Do Ratification of Planning & Development Board Action' Gateway Plaza (USAP 02-002), Lot 91-Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 I the Quantum Park (POSTPON£~ Ratification of CRA Action: None Accept the written report to Commission of purchases over $10,000 for the month of November 2002 for informational purposes Approve a donation from Federal ~lustice Forfeiture Funds in the amount of $4,000 to Glades Central High School Criminal .lustice Academy Approve a donation from monies received from Local Confiscated Funds to the .luvenile Transition Center, Inc. of Boynton Beach, in the amount of $4,000 Commissioner McCray requested that item H be pulled from the consent agenda. Motion Commissioner Weiland moved to approve the consent Commissioner McCray seconded the motion that carried 4 to 0. agenda as amended. Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTAINED VACUUM UNIT," Bid #078-2821-02/C3D, to VACUUM SOURCE, INC. of Greet, South Carolina in the amount of $24,950 (?'ab/eclat X~/.~9/O2 Meeting) R£QUEST REMOVAL FROM TABZE AND MOTXON TO REMOVE FROM AGENDA Motion Commissioner McCray moved that item B.1 be removed from the table and removed from the agenda. Commissioner IVlcKoy seconded the motion that carried 4 to 0. B.2. Award the TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES," Bid #014-2110-03/KR, for an estimated annual expenditure of $200,000 (Proposed Resolution No. R02-215) 11 Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 200:? Commissioner McCray questioned the increase of $24,000 for these services. Marshall Gage, Police Chief, explained that in their budget preparation this year, the Police Department explored the option of using outside services rather than City staff. In some cases, a traffic officer that should be handling traffic issues and traffic investigations had to be called in off the street when a school crossing guard called in sick. They found that they could contract out for these services and free up those officers. The revenue generated from traffic citations would offset the additional cost. More importantly, this would free up officers that are desperately needed on the streets. Commissioner Weiland was in favor of spending additional money rather than pulling officers off the street. Motion Commissioner McKoy moved to approve item B.2. Commissioner Weiland seconded the motion that carried 3 to 1 with Commissioner McCray dissenting. Approve a donation from monies received from Local Confiscated Funds to the .luvenile Transition Center, Inc. of Boynton Beach, in the amount of $4,000 Commissioner McKoy announced that he had filed a Voting Conflict for Consent item VlI.H and would not be voting on this item. (Voting Conflict attached to original minutes on file in the office of the City Clerk). He explained that he is the Vice President and his wife is President of the .luvenile Transition Center and that the money is used for programs and not for salaries. Stephanie Mingo McKoy, 69 Citrus Park Lane, President and Program Director of the Center reported that they have had a partnership with the City of Boynton Beach Police Department since 1998 and their mission is to provide education and employee skills. She reiterated that the funds are directly going to support the programs and not for salaries. Vice Mayor Ferguson was troubled by the fact that this is a conflict of interest. Commissioner Weiland did not doubt that this was a good program. The City has offered support for this program for the past two years since he was on the Commission. He was asked to bring this issue up before the election but he did not because he did not want it to become a political issue. However, he thought the Commission had a fiduciary responsibility to look into it further. He asked for an outline of the program because there was only one page in the back up for the agenda. He received a package from City Manager Bressner on Tuesday noon but has not had 12 Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 200? enough time to review the entire package. To be fair to the public and the program, Commissioner Weiland wanted to table the item for two weeks in order to get some questions answered. Motion Commissioner Weiland moved to table item H to the first meeting in .lafluary. Vice IVlayor Ferguson passed the gavel and seconded the motion. Notion carried 2 to 1 with Commissioner McCray dissenting. VIII. CITY MANAGER'S REPORT: None IX. FUTURE AGENDA ITEMS: FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) X. DEVELOPMENT PLANS: None XI. NEW BUSINESS: None Commissioner McCray requested to speak regarding an incident that happened in District II yesterday involving the Boynton Beach Police Department and mistaken identity. He thought that the City needed to be more careful when hiring police officers and how they are placed on the streets. Commissioner McCray requested a full and thorough investigation and, if warranted, said that he would be willing to take the matter further. Marshall Gage, Chief of Police, responded that he was precluded by law from directly answering any questions related to this issue. He said that he had taken great steps over the last seven years to correct issues within the Police Department and was proud to be a member of the Department. Chief Gage felt that the Department had a very competent Internal Affairs Office and they would deal with this matter fairly, equitably, and expeditiously as possible. In the meantime, he did not think that it was fair for the 13 Meeting Minutes Regular City Commission Boynton Beach, Florida December :1.7, 200? press to play this out. When this investigation is concluded, all the reports, videos, and tapes would be open to public scrutiny, and he would review them with the families involved. He said that he also demanded a fair and full investigation. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEARING Proposed Ordinance No. 02-062 Re: Rezoning vacant land consisting of +32.159 acres on the east side of South Congress Avenue from M-1 Industrial to PUD Planned Unit Development (South Congress Residential) 3amie Gentile, Kilday & Associates, represented the applicant and requested postponement of this item since their attorney could not be present tonight to represent them. Both Commissioners McCray and Weiland wanted to hear the item tonight since they did not receive earlier notification of the request to postpone. City Attorney Cherof read proposed Ordinance No. 02-062 by title only. He pointed out that ordinarily in a matter involving the rezoning of property, requests of the applicant for tabling have been honored by the Commission. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-062. Vice Mayor Ferguson passed the gavel and seconded the motion. City Clerk Prainito called the roll and the motion failed ! to 3 with Vice Mayor Ferguson and Commissioners McKoy and Weiland dissenting. B. Ordinances- Ist Reading Proposed Ordinance No. 02-063 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; amending the requirements for retirement; and amending the monthly supplemental benefits City Attorney Cherof read proposed Ordinance No. 02-063 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance Commissioner McKoy seconded the motion. motion passed 4 to 0. No. 02-063. City Clerk Prainito called the roll and the 14 Meeting Minutes Regular City Commission Boynton Beach, Florida December 17, 2007 Proposed Ordinance No. 02-064 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances to provide for optional transfer of accumulated leave balances upon retirement City Attorney Cherof read proposed Ordinance No. 02-064 by title only. Motion Commissioner IVlcKoy moved to approve proposed Ordinance No. 02-064. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to 0. Proposed Ordinance No. 02-065 Re: Amending Article III, Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; allowing participants in the DROP to change their method for the crediting of investment earnings City Attorney Cherof read proposed Ordinance No. 02-065 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-065. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to 0. Proposed Ordinance No. 02-066 Re: To allow a one-time opportunity for current participants in the Police Officers' Pension DROP to change their method to credit investment earnings pursuant to Article ITT, Pensions for Police Officers, Chapter :[8 of the Boynton Beach Code of Ordinances City Attorney Cherof read proposed Ordinance No. 02-066 by title only. Motion Commissioner McKoy moved to approve proposed Ordinance No. 02-066. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to 0. C. Resolutions: None 15 Meeting Minutes Regular City Commission Bovnton Beach, Florida December 17, 2007 D. Other: Motion to pay court ordered judgment to lose Mass, plaintiff, in the amount of $17,678.96, for a motor vehicle accident where total demand at trial was in excess of $337,000 Motion Commissioner Weiland moved to approve item D.:L. the motion that carried 4 to 0. Commissioner HcCray seconded XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:20 p.m. Vice City/Clerk C~o m ~-i~.,er Deputy City Clerk Commissioner (three tapes) 16 FORM 8A MEMORANDUM OF VOTING ONFLICT FOR STATE OFFICERS LA~'~'~IAME~FIRST NAME---MIDDLE NAME MAILING ADDRESS IDATE ON V~ICH VOTE O~C/URRED / 2 /o NAME OF BOARD, .COUNCIL, COMMISSION, AUTHORITY, OR COMMITrEE / / ~ ~PO~NT~VE WHO MUST FILE FORM 8A This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, author- ity, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special pdvate gain or loss of a business associate. However, if you vote on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- pdse with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). APPOINTED OFFICERS: As a person holding appointive state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or wdtten communica- tion, whether made by you or at your direction. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM 8A - EFF. 1/2000 PAGE 1 .. ~ DISCLOSURE OF STATE OFFICER'S INTEREST I, . _, hereby disclose that on /,-~ (a) A measure came or will come before ~ny agency which (check one) inured to my special private gain or loss; __~_ inured to the special gain or loss of my business associate,. __'_~" inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or ___ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8A - EFF. 1/2000 PAGE 2 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 C6mmission Meeti,ng. Name 'oO;ooa G- .rr a a4. Address ~'~'~0 ~ ~ ~.0 Telephone ~ ~/~n ~OiC A Summa~ 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 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 Meeting. Name Address Telephone # 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 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 Meeting. Name Address Telephone # 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 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 Meeting. Telephone# 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 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 Meeting. Name Address Telephone # ~'~/d - 0 z~ ~ ~ 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 FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE ~iol~itshsloi~emt~tni~.n~alled flotr ~i]]ow and give to/the C~ity Clerk prior/to ~heistarf of the City Address ~ Telephones ~' 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 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 Meeting. ~~ Name ~ ~ Address ~/'~' "' ' ~ Telephone # '~ 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 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# ~ ~ ~ C~ I~, Agenda #~~. Summa· ~.~~/~'°f Matter to be Addressed - lOne topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meett~g, 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.8. 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, ~551~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O 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 Addressed - {One topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/ahe 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.8. 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, pro,ram, 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. Address Telephone Agenda # Summary of Matter to be Addressed - (One topic per card} 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.8. 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 sex,ice, 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. Q BOYNTON BEACH CITY COMMISSION MEETING AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission MeetinEL_l_.~ Name ~"'"-J ~ ~( ~ ~~) Address / 5~-~ } ~-¢~)I~A. ~ ~ ~ Telephone ~ ~ ~ ~ ~ Agenda ~ Summary of Matter to be Addressed - (One topic per card) If a person decides to appeal any de~on made by the City Commission with respect to.ny matter considered at this meeting, He/abe will need a record of the proceedin~and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin~a 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, 1561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEPARTMENT Of DEVELOPMENT MEMORANDUM NO. PZ 02-297 TO: FROM: DATE: SUBJECT: Mayor Jerry Broening and City Commissi~k~ Lusia Galav, AIC~ Principal Planner December 13, 2002 Motorola DRIA 02-002/MPMD 02-003 NOPC Amendment #1 ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 02-244 to the Planning and Development Board dated October 31, 2002. Updated information is provided regarding the above referenced project. Recommendations The applicant has met with Palm Beach County and the Florida Department of Transportation staff to resolve the objections regarding the methodology used to determine traffic impacts. Both agencies have approved the revised methodology that indicates the proposed development will remain within the range of the odginal 13,020 vested trips. Therefore, the NOPC #1 as proposed is not a substantial deviation. Conditions of Approval In addition, the Conditions of Approval, have been revised to reflect the concern of the TCRPC regarding the mixed-use design for the development (see Condition # 14) and the Palm Beach County Traffic Engineering requirements regarding turn lane improvements (see Condition #15). Attachments: 1. Letter from the Treasure Coast Regional Planning Council dated December 13, 2002. 2. Letter from Palm Beach County Traffic Division dated December 12, 2002. 3. Revised Exhibit "C"- Conditions of Approval. December 13, 2002 Mr. Michael W. Rumpf Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Subject: Motorola Development of Regional ImpaCt Notification of Proposed Change Dear Mr. Rumpf: In accordance with the requirements of Section 380.06(19), Florida Statutes (F.S.), we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPC) for the Motorola DRI dated September 17, 2002. The NOPC proposes to change the existing plan of development to allow development of 500 multi-family residential units, 450,000 square feet of office space, 63,500 square feet of retail space including shops and restaurants, and 128,000 square feet of self storage space. The applicant submitted additional information on October 23, 2002 requesting the inclusion of a conversion matrix to allow changes in the plan of development to occur without the need to amend the development order. Council had concerns with the proposed changes including the proposed conversion matrix. The applicant submitted a letter on December 10, 2002 stating that the applicant would no longer be requesting a conversion matrix and provided additional information to address Council's other concerns. Based on this information, Council has determined that the proposed change will not create any additional regional impacts and, therefore, does not object to the proposed change. However, an annual report for the Motorola DRI has not been submitted since January 1985. The applicant should submit an annual report for the project each year to be in compliance with the development order. Also, the Strategic Regional Policy Plan for the Treasure Coast Region encourage~ the formation of sustainable neighborhoods and communities. Sustainable communities should include a compatible mix of land uses, well designed and maintained public spaces, buil0ings and infrastructure, and a network of interconnected streets designed for various transportlation 'Bringing Communities Together' o Est. 1976 301 East Ocean Botilevard - Suite 300 Stuart, Florida 34994 Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - ~ Mr. Michael W. Rumpf December 13, 2002 Page 2 modes. Council strongly encourages continued efforts to provide for mixed-use development in the City. However, it is equally important that mixed-use development is done correctly. There must be a true integration and appropriate mix of uses, not simply more than one use on the property. There should be not only a fully integrated mix of uses but also a network of streets, sidewalks, and bicycle paths and an accommodation for present or future use of transit. There should be both a vertical and horizontal integration of land uses, and the land uses should be of a type and nature that are appropriate and complementary to the area to be served. The DRI master plan included with the proposed amendment materials does not incorporate all the best components of mixed-use development. Council is available to assist the City in working with the developer of the property to ensure that the proposed development contains all the important components of good mixed-use development. Please call if you have any questions. Sincerely, ~ James T. Snyder DRI Coordinator cc: Ken Metealf, FDCA R. Duke Woodson, Applicant Department of Engineering a~d Public Works P.O. Box 21229 Vest Palm Beach. FL 33416-1229 (561) 684-4000 www. pbcgov, com Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus M~'y McCarty Burl Aaronson Tony Masilotti Addle L. Greene County Administrator Robert Weisman 'An Equal Opportunity Affirmative Action £mploye? December 12, 2002 Mr. Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE: Motorola DRi -. Revised TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic statement for the previously approved DRI entitled; Motorola DRI, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Municipality: Vested DRI Trips: Proposed Uses: New Daily Trips: Build-out: Southeast corner of Congress Avenue and Gateway Boulevard intersection. Boynton Beach 13,020 Daily, 1,634 Peak Hour 450,000 SF General Office, 500 Multi Family Residential Units, 15,000 SF Daycare, 10,000 SF High Quality Restaurant, 6,000 SF High Turn-over Restaurant, 8,000 SF Fast Food Restaurant, 20,000 SF General Retail, 4,500 SF Bank & DT, and 128,000 SF Warehouse. 12,837, and 1,402 Peak Hour Tdps 2005 Based On our review, the Traffic Division has determined that the revised DRI is projected to generate less trips than what was previously approved, and therefore meets the Traffic Performance St.=,ndards of Pa!m Beach County. Based on the peak hour forecasts provided by the consultant, it is however suggested that the following project access driveways turn-lanes to be provided: o Southbound left-turn lanes along Congress Avenue, onto the northern and the middle driveways. o Northbound right-turn lanes along Congress Avenue, onto the southem and the middle driveways. Westbound left-turn lane along Gateway Boulevard, onto the eastern driveway. Eastbound right-turn lane along Gateway Boulevard, onto the eastern driveway. ~(~ printed on recycled paper If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNT~, soud Atefi MS,CE // Sr. Engineer - Tra~w~sion )ENGINEER cc: Pinder Troutam Consulting Inc. File: General - TPS - Mun - Traffic Study Review F:\TRAFFIC\ma~Admin~,pprovals\021016.doc EXHIBIT "C" Revised Conditions of Approval Project name: Motorola File number: DRIA 02-002 Reference: Revised 2na review identified as Development of Regional Impact Amendment Master Plan with a November 5, 2002 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: To be determined. X UTILITIES Comments: 1. The Developer has agreed to furnish their own fire flow protection from an X on-site source for all fire-flows above the City requirement of 1500 gpm (~ 20 psi residual) demand. In the event the on-site source cannot be approved by the City or other regulatory agencies, an engineering evaluation of the additional impacts on the potable water system (as outlined in the next eondition dealing with sanitary sewer demand/capacity) will be required for the demand/capacity of the potable water system as well. The on-site fire protection system from this private source may therefore not be interconnected with the City's potable water system. 2. The City recognizes prior vesting (for planning purposes) in the site of X 127,000 gallons per day (gpd) each for potable water and sanitary sewer demand. In consideration of the condition stated above, the developer shall fund an analysis, to be conducted by the City's engineers, evaluating the ability of the City's sanitary sewer conveyance system to properly accommodate the flows exceeding 127,000 gpd from this site. Funding of this study shall be escrowed with the City upon request and the furnishing of a written "not-to-exceed" cost estimate to the developer. Upon receipt of the requested amount, the City shall endeavor to complete the analysis within 120 days. In the event the analysis indicates that improvements are required to the City's conveyance system, the developer shall commence the design of said improvements upon requesting a total sewer commitment exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall subsequently begin construction of the improvements after receiving City approval of the design, (or furnish sufficient funding for the City to construct said improvements, at the City's option). The commencement of construction shall occur no later than the developer's request for a total sewer commitment exceeding 114,300 gpd (90% of the vested amount). The developer shall not be penalized or delayed by the City from constructing additional phases to the proiect if he satisfies all conditions of the above Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT deadlines in a timely manner. 3. The developer shall be responsible for reserving purchasing all additional X water and sewer capacity, based upon the requirements as stated in the City's code, not heretofore purchased by the prior owners of the property. FIRE Comments: 4. The site plan and master plan design documents shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA I, Fire Prevention Code, 2000 edition, and NFPA 101, Life Safety Code, 2000 edition. (these codes, as amended are identified as the Florida Fire Prevention Code) 5. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 ft. apart and the remotest part of any structure shall be no more than 200 ft. from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 ~pm is required. POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 6. The notice mentions 500 residential units to be added to the development. X These units would be subject to the Park and Recreation Impact Fee based on the type of units involved. Single Family, detached = $940 ea Single Family, attached = $771 ea Multi-family = $656 ea DEPARTMENTS INCLUDE REJECT 7. The fee is due at the time of the first applicable building permit. X 8. At time of site plan approval for any portion of the site included in the X NOPC Amendment #1 request, the applicant will work with the Parks & Recreation Department to provide a greenway / bikeway easement along the east and/or south sides of this property especially along the E-4 canal. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. I0. The traffic study was submitted to Palm Beach County traffic engineering X for approval. Approval is required prior to the Chapter 380 F.S. Public Hearing for the NOPC Amendment #1. 11. Applicant must submit an Annual Report for the Motorola DRI by January X 1, 2003. 12. The approval of NOPC #1 is contingent upon the approval of the Land Use X Amendment from Industrial to Local Retail Commercial and the Rezoning from Planned Industrial District (PID) to Community Commercial (C-3) for the 49.685 acre portion of the DRI. 13. A replat may be required to develop the site. This will be determined at time X of site plan approval. 14. At time of Site plan approval for the project, the applicant will work with the TCRPC and City staff to incorporate the best components of mixed-use X development. 15. Based on Palm Beach County's review of the Traffic Analysis the following improvements are required: a) Southbound left-mm lanes along Congress Avenue, onto the northern and X the middle driveways. b) Northbound right-mm lanes along Congress Avenue, onto the southern and the middle driveways. c) Westbound left-mm lane along Gateway Boulevard, onto the eastern driveway. d) Eastbound right-turn lane along Gateway Boulevard, onto the eastern driveway. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Motorola DRI\DRI\CQ~,.doc