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Minutes 10-17-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 17, 1995 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. John Block, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Commissioner Jaskiewicz led the Pledge of Allegiance to the Flag. Mayor Taylor announced that Commissioner Rosen is out of town. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Jaskiewicz requested the addition of Item IV-A-1 .a. This will be a suggestion regarding the Residential Appearance Code. Commissioner Jaskiewicz added Item IX-F, "New Beginnings Church Project". City Manager Parker deleted Item III-C.1. This is a proposed Resolution relative to the replat for Plat No. 10 of Quantum Park for PJM at Quantum Park. The applicant did not submit the necessary information on time. City Manager Parker added Item III-C.4, "Acceptance of a Letter of Credit for Sausalito". City Manager Parker reported that Representative Sharon Merchant telephoned to request rescheduling this presentation for the next meeting. Therefore, Item IV-B.1 was deleted. The cancellation was weather related. City Manager Parker added "Presentation of the Lottie Pierce Citizenship Award" as Item IV-B.1. 2. Adoption Mayor Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Bradley seconded the motion which carried unanimously. II. ADMINISTRATIVE: *Commissioner Rosen's name should appear under the word "PRESENT". not MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Accept resignation from Raychel Houston, Regular Member, Board of Adjustment Vice Mayor Bradley moved to accept the resignation. Commissioner ]askiewicz seconded the motion which carried unanimously. B. Appointments to be made: Mayor Pro Tem Matson moved to remove all tabled appointments from the table. Vice Mayor Bradley seconded the motion which carried 4-0. APPOINTMENT TO BE MADE BOAR[~ LENGTH OF TERM EXPIRATIO~LDATE Mayor Taylor Board of Adjustment Alt Term expires 4/97 TABLED IV Matson Bldg. Bd. of Adj. & Appeal Alt Term expires 4/96 TABLED II Bradley Cemetery Board Alt Term expires 4/96 TABLED IV Matson Children & Youth Adv. Board Alt Term expires 4/96 TABLED II Bradley Library Board Alt Term expires 4/96 TABLED IV Matson Comm. Redev. Adv. Board Reg 1 yr Term to 4/96 TABLED IV Matson Code Enforcement Board Alt 1 yr Term to 9/96 TABLED II Bradley Recreation & Parks Board Alt Term expires 4/96 TABLED III Jaskiewicz Code Enforcement Board Reg Term expires 9/96 TABLED IV Matson Adv. Bd. Children & Youth Reg Term expires 4/97 Mayor Taylor Board of Adjustment Reg Term expires 4/96 Mayor Taylor requested that his appointments be tabled. Mayor Pro Tem Matson requested that her appointments be tabled. Vice Mayor Bradley appointed Michael Bottcher as an alternate member of the Recreation & Parks Board. Commissioner Jaskiewicz moved up Kevin Artis from his alternate position to a regular position on the Code Enforcement Board. Commissioner Jaskiewicz attempted to appoint Sandra Alvarro as an alternate member; however, it was explained that the alternate appointment was not assigned to her for appointment. Motion Vice Mayor Bradley moved to approve the appointments and to table all remaining appointments. Mayor Pro Tem Matson seconded the motion which carried unanimously. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Co Approve Change Order No. 1 with Montgomery Environmental for replacement of additional areas of contaminated sheetrock in the amount of $7,859.60 As outlined in Facilities Management Division Memorandum No. 95-11 7, additional contaminated sheetrock was found during the remediation process in the East Wing which required removal, replacement and additional cleaning. Motion Vice Mayor Bradley moved to approve Change Order No. 1 in an amount not to exceed $7,859.60. Commissioner Jaskiewicz seconded the motion. Mayor Taylor questioned why this item appeared on the agenda for approval since the work has already been completed. City Manager Parker advised that this is a formality since there was no choice but to replace the sheetrock during the process. The motion carried unanimously. D. Authorization to proceed with advertising RFP for consultant for Comprehensive Plan Planning and Zoning Department Agenda Memorandum dated October 10, 1995, from Tambri Heyden to Carrie Parker, requests authorization to proceed with advertisement for professional consultants to assist staff in completing the state-mandated evaluation of the City's Comprehensive Plan. This evaluation and appraisal report must be adopted and transmitted to the Florida Department of Community Affairs by August 1, 1996. Motion Vice Mayor Bradley moved to approve. Commissioner Jaskiewicz seconded the.motion which carried 4-0. Eo Authorization to proceed with Task Order No. 25 with CH2M Hill for Engineering Services for Water, Sewer, and Storm water Rate Study, Organization and Operating Efficiency Study, and Comprehensive Plan Update Utilities Department Agenda Memorandum No. 95-275 dated August 29, 1995, from John Guidry to Carrie Parker, requests authorization to proceed in order to effect completion by the end of 1995. Funds are available in the Utility General Reserve Fund. Motion Vice Mayor Bradley moved to approve Task Order #25. Commissioner Jaskiewicz seconded the motion which carried 4-0. III. CONSENT AGENDA 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 A. Minutes 1. Regular City Commission Meeting Minutes of October 2, 1995 The minutes were accepted as presented. Bo Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award bid for the resurfacing of five (5) tennis courts at the Congress Avenue Racquet Center to Accurate Tennis Courts in the amount of $9,566 The Tabulation Committee recommends awarding the bid to Accurate Tennis Courts of Boca Raton, Florida, in the total amount of $9,566. Accurate Tennis Courts is the lowest bidder and has been determined by the Purchasing Department and the Project Manager to be the most responsive, responsible bidder meeting all required specifications. Award bid for annual requirements for bulk fertilizer for the Municipal Golf Course to Harrell's, Inc. at $8.23 per bag The Tabulation Committee recommends awarding the bid in part to Harrell's Inc., for the 15-5-15 type fertilizer. Harrell's Inc. was the only responsible, responsive bidder who met all specifications. o Award bid for the annual contract for cleaning chemicals and janitorial supplies to various vendors as indicated on the tab sheet The Tabulation Committee recommends awarding the bid to various vendors for each category. Thirteen (13) bids were received. All vendors awarded are considered to be the most responsive, responsible bidders meeting all required specifications. C. Resolutions Proposed Resolution No. R95-167 Re: Acceptance of replat for Plat No. 10 of Quantum Park for PJM at Quantum Park This resolution was deleted from the agenda. o Proposed Resolution No. R95-168 Re: Acceptance of replat for Lawrence Lakes PUD o Proposed Resolution No. R95-169 Re: Acceptance of Letter of Credit for water and sanitary sewer improvements for Santa Cruz, Inc. 4. Accept Letter of Credit for Sausalito 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Vice Mayor Bradley requested back-up information on this item. City Manager Parker advised that this is a plat which is pending. The City currently possesses a $20,000 cash surety. We wish to substitute this cash surety with a $748,400 Letter of Credit. Acceptance of the Letter of Credit will allow the City to release the cash. The plat will come before the Commission at the next regular meeting. The City Attorney and the Finance Director have found the Letter of Credit to be satisfactory. D. Approval of Bills A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. E. Payment of Bills - September, 1995 A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. F. Emergency air conditioning repair for West Water Treatment Plant As outlined in Utilities Memorandum No. 95-314 dated October 9, 1995, from John Guidry to Lana Koester, on Saturday, September 30, 1995, the air conditioning system failed. During service, Farmer & Irwin Corporation determined that one of the four compressors (14 ton) failed. They isolated the grounded unit so the system could function on the remaining three compressors. This grounded compressor is out of warranty and needs to be replaced. Funds are available in Account #401-336-5- 434.00. G. Transfer of cemetery lots 208 A & B, Block R, Boynton Beach Memorial Park Mr. & Mrs. Christopher P. Weldon request permission to transfer these lots to Kathleen Furino. MotioJ~ Vice Mayor Bradley moved to approve the Consent Agenda as amended. Mayor Pro Tem Matson seconded the motion which carried 4-0. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements Workshop Meeting, October 26, 1995, at 4:00 p.m. - Residential Appearance Regulations and Clipper Cove Financing Options - United Way Service & Conference Center, Board Room, 2600 Quantum Boulevard Mayor Taylor made this announcement and provided directions to the United Way Service & Conference Center. Discussion ensued regarding the time schedule for the agenda items. Mayor Taylor felt that one hour was not sufficient time to address the Residential Appearance Code. Commissioner Jaskiewicz advised f MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 that it was her recommendation that this item be scheduled for 4:00 p.m. since she had already notified residents of that schedule. City Manager Parker advised that the attorney for the Clipper Cove Financing is flexible. She will ask the attorney to arrive for the meeting at 6:00 p.m. a. Suggestion Relative to the Residential Appearance Code Commissioner Jaskiewicz reported that Mike Rumpf has been working on the Residential Appearance Code with her. Commissioner Jaskiewicz has toured every street in the City to prepare to address this item and now realizes that many things she would like to see happen will be extremely difficult to accomplish. Mr. Rumpf suggested that the Commissioners tour the City by bus before discussing the Residential Appearance Code. Consensus There was a consensus of the Commission to meet at 3:00 p.m. on Thursday, October 26, 1995, to tour the City by bus prior to the 4:00 p.m. meeting. Mike Rump and Scott Blasie will be invited to accompany the Commissioners on this tour. 2. Youth in Government Day, October 19, 1995 Mayor Taylor made this announcement. Jgichael Lyoz~s, 135 SE 14th Avenue, said the Community Relations Board has sponsored this event in April for the last few years. This year, the event is known as Decision '95. The children are involved in a school curriculum which may last as long as one week whereby they study about municipal government. Thursday will be a culmination of the process. Mayor Taylor encouraged everyone to attend the mock City Commission meeting which will be held at 7:00 p.m. on October 19, 1995. o Firefighter Memorial Sunday Services October 22, 1995, at 8:00 a.m,. in the Community Room of Fire Station III, 3501 North Congress Avenue - Everyone invited Mayor Taylor made this announcement and encouraged all to attend. o First City Commission meeting in November will be Tuesday, November 7, 1995 Mayor Taylor made this announcement. B. Presentations: 1. Presentation of Lottie Pierce Citizenship Award MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 At the podium, Mayor Pro Tern Matson reminded everyone that the City implemented the Lottie Pierce Citizenship Award last year as part of City Government Week. Lottie Pierce was a member of the African-American community who volunteered her services to the City and other organizations. Honoring an exemplary citizen is a way of keeping her memory alive. Last year, Joy Currier was the recipient of this award. This year's recipient is a member of the "Friends of the Library" and the City's Library Board. She is a volunteer at Galaxy Elementary School, a member of the Advisory Council on African-American Affairs, and the North Boynton Beach Task Force. She has participated in the Wrice anti-drug marches and is a member of the Northwest Neighborhood Association, St. John's Missionary Baptist Church, the Florida Retired Educators' Association, Palm Beach Classroom Teachers' Association, Alpha Kappa Alpha Sorority, etc. This recipient has been exemplary in her service to the community. Mayor Pro Tem Matson proudly presented the 1994/95 Lottie Pierce Citizenship Award to Dorothy Walker. Ms. Walker accepted the award. V. BIDS: None VI. PUBLIC HEARING: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Miner Road ................................................................ TABLED Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 ABANDONMENT - Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road This item remained on the table. Attorney Cherof explained the quasi-judicial process and administered the oath to all who would be offering testimony this evening. J~e Lela~ic of Land Design South requested that Item VIII-D, "Landscape Appeal", be moved up on the agenda so that both applications could be addressed simultaneously. Mayor Pro Tem Matson moved to bring Item VIII-D forward under Public Hearing to Item VI-B.1. Vice Mayor Bradley seconded the motion which carried unanimously. PROJECT NAME: AGENT: OWNER: LOCATION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester Southwest corner of Old Boynton Road and Congress Avenue 7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRIPTION: REZONING - Request for zoning and master plan approval to construct a 186,130 square foot retail complex on 23.03 acres of land in connection with a rezoning from C-3 to Planned Commercial Development (PCD). and PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue LANDSCAPE APPEAL - Request for a landscape code appeal to omit a 2½ foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. Mr. Lelanic explained that this parcel is in a commercial area with the Mall to the north. There are four access points to this parcel. Three of the access points are full turning movements and the fourth (southern-most access on Congress Avenue) is right-in/right-out. The application has been reviewed by the TRC and the applicant has responded to the comments. The 10' required PCD landscape buffer will be provided around the property. There were requests by staff that the landscaping be upgraded, and the applicant has no problem with that request. A landscape appeal has been filed for the southwest corner of the property. At that location, there is an existing ingress/egress easement which services the property adjacent to Boynton Commons parcel. This ingress/egress easement provides access from Winchester Park Boulevard through a median cut. Without this, access to the southern property will be denied. The applicant proposes to move the required 10' PCD buffer to the north of the easement. This site plan has been developed into a configuration which allows internal circulation, provides outparcels along Congress Avenue, and an efficient flow through the site. Tambri Heyden, Planning & Zoning Director~ made the presentation. There will be two main buildings and three outparcels. Some of the buildings indicate drive-throughs. When the master plan is submitted, if a drive-through is indicated, a conditional use approval is not required at site plan approval. The Comprehensive Plan includes this property and the property to the west as Planning Area 7.f. The Plan indicates that this property should be rezoned to PCD when developed. The maximum height of the structures will be 45' including the clock tower. There are three standards used for evaluating the appropriateness of PCD zoning. They are: 1. Relation to major transportation facilities; 2. utility extensions, storm water mitigation and roadway improvements; and 3. physical character of the site. 8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Palm Beach County has reviewed the traffic study, and this project meets their Ordinance. The Engineering Department has received the storm water master plan, and indicated that it must be certified by an engineer that it meets Code. Standard #3 has been accepted by the Engineering Department. Staff recommends approval of this project subject to staff comments. The Planning and Development Board also recommended approval of this project subject to all staff comments. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. In response to Commissioner Jaskiewicz' question regarding the location of this parcel, Mr. Lelanic confirmed that there is an existing bank building currently on the site which will be removed. Commissioner Jaskiewicz feels this project will be a tremendous asset and aesthetic improvement to the area. Vice Mayor Bradley inquired as to the look of the north elevations. Mr. Lelanic advised that architectural elevations are still in the finalization stages. The applicant has proposed extensive landscaping to the rear of the buildings. There will be a hedge and trees which will hide the view of the rear of the buildings. Ms. Heyden advised that site plans will be required at a later date and full elevations will be submitted at that time. In response to Mayor Pro Tem Matson's question about possible anchor tenants, Mr. Lelanic stated that possible tenants include Barnes & Noble, Linen & Things, etc. Motion Mayor Pro Tem Matson moved to approve the zoning and master plan change from C-3 to PCD for Boynton Commons, southwest corner of Old Boynton Road and Congress Avenue, so that a 186,130 square foot retail complex can be built on 23.03 acres of land subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. Motioaa Mayor Pro Tem Matson moved to approve the landscape appeal for Boynton Commons to omit a 2½' wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site - Old Boynton Road and Congress Avenue, subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. Co PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Josephts Episcopal Church and School Jerome F. Milord St. Joseph's Episcopal Church 3300 South Seacrest Boulevard CONDITIONAL USE APPROVAL - Request for conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30-space parking lot and tennis courts. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Jerry Milord, 3~)0 S. Congre~ss Avenue; requested approval in order to have this work completed in time for the beginning of the next school year. In addition, the three existing basketball courts will be changed to three tennis courts. The applicant also seeks to add 30 additional parking spaces off Swinton for the pre-K and Kindergarten classes. This request is being made to enhance the size of the campus and allow upgrading of the school's facilities. Tambri Heyden, Planning & Zoning Director; advised that this property is zoned R-1AAB. There are 12 standards used in evaluating conditional uses. 1. Ingress/Egress - No changes are proposed. Off-street Parking & Loading Areas - A shared parking agreement was required in 1988 to allow for future changes. In 1994, that agreement was modified to allow approval of the gymnasium and classroom expansion. The Palm Beach County Traffic Division also required a deed restriction to be filed that limited student enrollment to 225. This application does not exceed the 225 student enrollment requirement; therefore, this project is still in compliance with the shared parking agreement. In addition, they are adding 31 additional parking spaces. 3. Refuse and Service Areas - There are no problems in these areas. 4. Utilities - There are no problems in this area. 5. Screening, Buffering & Landscaping- This project meets Code-required screening, buffering and landscaping. No additional screening or buffering is recommended. 6. Signs & Proposed Exterior Lighting - There is a recommendation regarding shielding of lighting and illumination levels. 7. Required Setbacks and Other Open Spaces- This project meets required setbacks. 8. General Compatibility with Adjacent Properties - The proposed addition is not expected to change the compatibility of the project. 9. Height of Buildings & Structures - The proposed building height is compatible with the remainder of the site and the adjacent community. The building height is 21' 10". There are no economic effects or nuisances foreseen with this project. (Standards 10, 11 and 12) Staff and the Planning and Development Board recommend approval of this conditional use subject to all staff comments. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Motion Commissioner Jaskiewicz moved to approve St. Joseph's Episcopal Church and School conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30-space parking lot and tennis courts, subject to staff comments. Vice Mayor Bradley seconded the motion which carried 4-0. VII. PUBLIC AUDIENCE: l~/~. Stein, 760 E. O~e_a~ Avenue, reminded the Commissioners that he has appeared before them several times, and has appeared before other public bodies. He has specifically appeared before every Commission meeting relating to the bridge and the downtown redevelopment area since July 27. He will continue to attend these meetings until the proper decisions and recommendations are made by the Commission. Mr. Stein referred to the "rape of the democratic process" which occurred on September 11, 1995, when two meetings on related topics were scheduled to be held at 7:00 p.m. One of the meetings, the Community Redevelopment Advisory Board (CRAB), scheduled to be held at 7:00 p.m., was actually held at 6:30 p.m. When he arrived at 6:45 p.m., Ms. Ford advised that the meeting had been adjourned. On October 9, 1995, a meeting of the Community Redevelopment Advisory Board was scheduled for 6:30 p.m. Mr. Stein arrived for the meeting and waited with Janet Prainito of the City Clerk's Office, who was present to record the meeting. No one showed up for that meeting, (Mayor Pro Tem Matson interjected that she was also present for that meeting and when no one arrived, she left.) In Mr. Stein's opinion, on October 28, 1993, the City Commission made a mistake hiring a Redevelopment Coordinator who had no familiarity with the area and was not qualified. He urged the Commission not to make another mistake. Mayor Taylor advised that he was a member of CRAB and knows that the meetings were always conducted at 6:30 p.m. The September 11 th meeting began at 6:30 p.m., and because there was only one issue to address, it concluded within ten minutes. Mayor Taylor has still not been able to determine why the meeting appeared on the schedule for 7:00 p.m. In response to Mayor Pro Tem Matson's question, City Manager Parker said she did not know the CRAB meeting on October 9th was being cancelled. At Mayor Pro Tem Matson's request, she will investigate this situation. Ea¥ Fiess, of NW 3rd Street, said her neighborhood is experiencing ongoing drug problems. She expressed her fear of robberies. She has installed bars on the inside and outside of her home, installed a steel back door, and has purchased a gun. She asked for assistance from the Commission in finding a solution to the problem. She Offered to assist the City in soliciting funds for a drug-sniffing dog. She contacted the County and was told that the cost of training the dog would be $4,500. Mayor Taylor confirmed Mrs. Fiess' telephone calls to the Police Department and their response on many occasions. He explained that the Police must act within the law. The City had drug-sniffing dogs in the past. It is very expensive to maintain the dogs. Mayor Taylor is willing to discuss this situation 11 MINUTES REGULAR CITY COMMISSION MEETING ~BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 and investigate the possibility of reinstituting the program. He explained that he has participated in the Wrice anti-drug marches throughout this neighborhood, and urged Mrs. Fiess to participate. Mrs. Fiess expressed fear of reprisal if she participates. Mayor Taylor explained that the last thing the drug dealers want to do is touch anyone who participates in the march. The Police Department has provided outstanding protection to the marchers, and it is imperative that the community members participate to show the dealers that the community will not tolerate their actions. Mayor Pro Tem Matson pointed out that the impact is greater when the dealers see the community joining forces and realize their neighbors are protesting. Commissioner Jaskiewicz said it is a sad commentary when someone has to come to a City Commission meeting and bare her soul because of these conditions. She has asked about drug-sniffing dogs on a few occasions because she saw how effective these animals were when she was working in the school system. Commissioner Jaskiewicz questioned whether or not the City could get these dogs on a loan basis. Chief Dettman responded affirmatively. Commissioner Jaskiewicz questioned whether or not the Police could enter a premises if the dogs sniff out drugs. Chief Dettman explained that the only way the Police can enter the house is with a legalized search warrant. The dealers Mrs. Fiess refers to are dealing outside of the house. The Police have made several cases against them which are currently pending. Vice Mayor Bradley said the Chief and Herman Wrice explained on many occasions the revolving door policy and the inability to put and keep criminals in jail. In order to make an impact, the dealers will have to be driven out of the community. Mr. Wrice pointed out that the people who live in the communities fear retaliation and, therefore, are afraid to participate. However, the people must believe that the Police will protect them. Mayor Taylor said Saturday nightts march consisted of five members of the Boynton Beach community and five members of the Pompano community. He urged the community to participate. Julio Rodrigue~~gl~._Lake~r_i~z~ addressed the Commission relative to boat docks and boat canopies. When he purchased his home, it was his understanding that he would be able to refurbish his boat dock and install a canopy. He has learned that the City's policy has changed and he cannot pursue this course of action. He was told that the reason for the change in policy is that these canopies will block the view of the lake and because of the City's concern with the structural integrity and safety of the structures. Mr. Rodriguez feels these issues can be addressed on an individual basis. He urged the Commission to reconsider this issue. Mayor Taylor advised that a previous Commission made this decision to not allow canopies over docks. When this Commission was seated, the issue was raised again. At that time, a decision was made not to look into this situation any further because of the concerns about blocking the view of the water, and the structural integrity. While Mayor Taylor understood Mr. Rodriguez~ feelings on this matter, it was his opinion that a decision was made for the entire community. 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Vice Mayor Bradley said that when this issue resurfaced the last time, he was on the fence when the decision was made. He has given it a great deal of thought, and does not see a problem with a boat canopy without sides. He also feels that when people live on the water, they must accept the fact that a neighbor may have a boat and a canopy to cover it. It is possible that additional discussion with other agencies may be necessary. According to Mr. Rodriguez, the only agency he needs to deal with is Boynton Beach. However, Mayor Pro Tem Matson explained that other areas in the City must deal with South Florida Water Management District and Lake Worth Drainage District. Ordinances cannot be changed for only one person. Attorney Cherof offered to investigate this situation and report back to the Commission. Troy In,is, 3535 South Lake~rive, is a marine contractor and was instrumental in permitting through the City of Boynton Beach 19 boat houses with covers. When this issue came before a previous Commission, Mr. Innis felt it was a personal issue with one of the previous Commissioners. At that time, Mr. Innis was unable to adequately state the facts relative to this issue. In his opinion, and in his engineer's opinion, if the dock and canopy are constructed properly, they will pose no hazard during hurricanes. Mr. Innis would like an opportunity to show the Commissioners the facts he has available. City Manager Parker advised that the City publicized articles in the newspapers and Funfare Magazine. The City has processed over 300 applications and denied all of them for canopies based on previous Commission direction. City Manager Parker requested direction relative to notifying the people who were denied canopies. A decision was made to address the issue first before making a decision on notifying applicants. This item will be placed on a workshop meeting agenda. DaveJ~asley, 515~.SW~.~e~, requested a status report on the noise wall on the east side of 1-95. Vice Mayor Bradley advised that there are almost definite plans to build the wall from Woolbright Road to Hypoluxo Road. There is one gap which has not definitely been paid for, but DOT believes the funding will be available. Jerry Broening, 820 North Road, represented the Inlet Cove Neighborhood Association. He was present to speak on the Code amendment relative to psychic readers. Mayor Taylor requested that Mr. Broening address this subject when the Commission gets. to that point of the agenda. VIII. DEVELOPMENT PLANS: Ao PROJECT NAME: Papa John's .................................................................. TABLED APPLICANT REO. UESTED TO BE TABLED UNTIL OCTOBER 17, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. Bo PROJECT NAME: Papa John's ................................................................... TABLED APPLICANT RE(~UESTED TO BE TABLED UNTIL OCTOBER 17, 1995 AGENT: OWNER: LOCATION: DESCRIPTION: Interplan Practice, Ltd. Papa Johns USA Northeast corner of N.W. 7th Court and Boynton Beach Boulevard NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres Mayor Taylor announced that the applicant has requested that this item remain on the table. Staff has expressed concerns about the fact that the applicant has not yet secured an agreement with Wendy's for access to the dumpster. In addition, there are problems with the ingress and egress. Staff recommends keeping the items on the table until the November 21 City Commission meeting. Commissioner Jaskiewicz feels that the applicant has expended a tremendous amount of time on this project, and is willing to keep this item on the table until November 21. Mayor Pro Tem Matson agreed with these remarks. Motion Commissioner Jaskiewicz moved to table this until November 21, 1995. Mayor Pro Tem Matson seconded the motion which carried unanimously. PROJECT NAME: AGENT: OWN E R: LOCATION: DESCRIPTION: Tara Oaks PUD ............................................................. TABLED Kilday and Associates Bill Ray Winchester Northeast corner of Woolbright Road and Knuth Road extended Request for approval to modify the previously approved master plan to change access points, recreational amenities, unit type from apartments to townhouses and use acreage Motio~ Mayor Pro Tem Matson moved to remove Item VIII-C from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Kieran Kiklay, representing PaJl~e Homes, advised that the handout contained an itemized list of the conditions the applicant had problems with. This project is on a very long, narrow piece of property which extends along the planned Knuth Road. This project is required to construct Knuth Road just north of Woolbright Road midway to Boynton Beach Boulevard. This is one of three projects Mr. Kilday represented in 1990. Earlier this year, a time extension was granted on this project. At that time, Pulte Homes was introduced to the Commission as the contract purchaser. He indicated Pulte's intention to move forward with the project with some changes. The original project had an approval for an apartment complex which was two-stories in height. Pulte decided to construct a "for sale" town 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 home project on the site. There was discussion about the density, and Pulte Homes indicated that while they were able to make the conversion from a rental project to a "for sale" project, the 192 units were critical for the development of the property. Mr. Kilday explained that the major issue which has been discussed with staff involves the status of SW Congress Boulevard. This is the primary entrance for Tara Lakes PUD as well as Clipper Cove. When the Tara Oaks project was originally approved in the mid-1980s, the intent was for SW Congress Boulevard to go through to Knuth Road, and the access to the project would be off that road. When the project was presented in 1990 with the land use amendment, no access was proposed onto SW Congress Boulevard. At that time, even though no access was proposed, the applicant provided for an access. Mr. Kilday displayed a plan depicting this scenario. This project had a great deal of public discussion and negotiation. One of the issues which concerned the public was the extension of SW Congress Boulevard. The residents of Tara Lakes were very concerned that this extension would result in a short-cut road. After meeting with the Planning and Zoning Board on June 12th, the plan with the flap showing the cul-de-sac was brought to the City Commission meeting on June 19th. Mr. Kilday pointed out that the applicant indicated that there was no objection to closing the road. It is his belief that as part of the approval on June 19th, that road was closed. He explained that all of the applicant's plans are reflective of that closure. The plans were amended to show the cul-de-sac, and they were submitted to City staff on June 15th. The applicant has a copy of the letter which transmitted the plan. The plan showing the amendment with the cul-de-sac is dated June 15th. The City Council met on June 19th. The applicant possesses a copy of a transmittal form which was submitted to the City containing 13 copies of the plan (10 for the DCA and three for City records). All of those plans show that the road was deleted. During the last two weeks, the applicant has searched his files as well as the City's files and located a copy of one of the 13 plans which were submitted. The Acting City Engineer signed off on the plan that it was the "approved master plan, June, 1990". In discussions with the DCA, they indicated that in addition to the packet that the Commission had containing a reduced copy of the original plan, a second plan was transmitted and received by the State showing the cul-de-sac. This was a City transmittal to the State. When the project came back to the City Commission, the meeting minutes contained very little discussion (and no discussion regarding closing the road). Two years later, when Mr. Malavassi made amendments to the utility plans, those plans clearly show that the road was being terminated on the east side of the property. From the time of the Commission approval in 1990, that road was shown as a terminated road. On that basis, the plan was laid out with a town home development. This is a very important issue which will either make or break Pulte's interest in proceeding with the property. Mr. Kilday explained that there was additional confusion at the time of the time extension because the Traffic Engineer assumed there had been no changes from the previous traffic report, and he included the road in his report. Mr. Kilday reiterated, however, that all plans used by his office and the engineer for the owner have shown a cul-de-sac since the original public hearing in 1990. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 City Manager Parker explained that Mr. Kilday's rendition of the events is correct. Unfortunately, many times, in trying to resolve an issue, the applicant brings in a new plan on the night of a meeting. A strict reading of the minutes indicates that the motion was subject to staff comments. No other discussion on the road exists and the staff comments indicate the road should be included. Therefore, a strict interpretation indicates that the road is still approved. Ms. Parker pointed out, however, that there are some documents which go both ways. Ms. Parker suggested the Commission consider Mr. Kilday's remarks relative to the adjacent residents. Those residents have not been renotified, and the issue has not been discussed with them again. In addition, no engineering points have been provided relative to why the road should, or should not, be included. The way the site plan currently exists, the applicant has utilized the road right-of-way for a 12-unit building. If the road right-of-way is put through, one building will be deleted, and a setback problem will exist with one of the other buildings. This will impact 14 units. Ms. Parker advised that the City Commission has the ability to determine whether or not to include the road. Mayor Taylor questioned whether or not staff feels the road needs to be included because of growth to the west. He has concerns about limited access, and feels more input is needed from staff. Mayor Pro Tem Matson advised that she spoke with residents of Tara Lakes and Clipper Cove. Those residents were under the impression that the road was eliminated. They recalled appearing before the Commission to speak on the issue. Mayor Pro Tem Matson does not feel DCA would tell an applicant that the plan they received did not include a road if, in fact, it did. Tambri Heyden; Plan~ing & Zoning Director, said the staff report provides a recommendation relative to the omission of this road connection. The Police and Fire Departments provided recommendations to support keeping this connection. Ms. Heyden pointed out that privatization of communities has become very popular. However, quality of public services is impacted by this privatization. Response to fire, police and utility evacuations and emergencies decreases to the private communities and surrounding communities that could benefit from a road connection. If SW Congress Boulevard were extended and connected to Knuth Road, the Police Department (on the road in the area) could respond more quickly by using Knuth Road and the extension. The extension was preplanned, and in looking back to 1988 and 1990, the road is connected. In addition, the previous master plan showed a main entrance point off Knuth Road, and an entrance off SW Congress Boulevard. At this point, there is only one entrance to the project, and that entrance will be secured. This security impacts response time. Mr. Kilday advised that the previous plan never had any access off SW Congress Boulevard. There were two access points on Knuth Road. The applicant was prepared to extend SW Congress Boulevard, but eliminated that road. Ms. Heyden corrected her remarks about the access points, and agreed that both entrances were off Knuth Road. James Miriana; 728 NE 8th Avenue, advised that he is familiar with this project because he lived in Tara Lakes and recalls the original agreement when Tara Oaks came before the City Commission for approval. The residents of Tara Lakes were upset with, and opposed to, the possibility of SW Congress Boulevard being extended to Knuth Road because they did not want a shortcut provided through their 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 community. The final decision by the City Commission was for approval of the project with the understanding that SW Congress Boulevard would not be extended to Knuth Road. Lee Wiscbe, 1302 SW 18th Street; said he was Vice Mayor when this issue was addressed. He said it was the intent of the Commission, when they voted, to omit the road and approve subject to the rest of staff comments. He was unable to look at his records, but was quite certain of the intent. He stated the road was omitted. Ms. Heyden pointed out that there is conflicting information in the files regarding whether or not the road was not to be constructed, but the right-of-way retained. Mr. Kilday referred to the back-up information packet which contains a letter from the Tara Lakes Homeowners' Association. It was written at the end of August, and it states that the residents have followed the issue and believed the road was closed. That consensus still exists today. Again, Mr. Kilday pointed out that the one official signed document which was located in the Engineering Department shows the road as a cul-de-sac in June, 1990. In response to Commissioner Jaskiewicz' question, Ms. Heyden advised that in 1990, the comments from Police and Fire echoed the same position they have today. No staff comments are available relative to not extending the road. Mayor Taylor pointed out that in 1990, the Police and Fire Departments did not have concerns about not extending because the area was not built at that point. Mr. Kilday explained that SW Congress Boulevard will never provide any access further west than Knuth Road because Quail Ridge is west of Knuth Road. In addition, the development in question this evening is the last piece of land to be developed in the quadrant. Mayor Taylor pointed out that the tendency today is for people to live in closed communities. When an entire community is being built, City streets and access in all directions are of the utmost importance. Building a city is not done by closing off streets and accesses to communities. Mayor Pro Tem Matson agreed with the Mayor's remarks, but feels this is an issue that was already decided upon and the residents are not expecting that road to go through. A Commissioner who voted on the approval is present tonight, a resident who remembers when this project came before the Commission, and the applicant, who has stated that DCA confirms what the previous Commission voted on in 1990. The road in question will go no where, and will not impact anyone because the area is almost completely built out. This was acted upon and sent to Tallahassee. Mayor Taylor feels this is a confusing issue because there seems to be two issues. Some people are saying the road was never going to be built, and other are saying we never gave up the right-of-way. If the City retains the right-of-way, the road could be built at a future point in time. Mr, Kilday stated that the right-of-way never belonged to the City. There is no right-of-way. The question that came up at the time was to provide for, and to build the road which did not exist. When it was closed, the amended plan eliminated the right-of-way in its entirety. It is a case where the City called for it and after a lot of public discussion by residents, decided not to proceed with it. 17 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Ms. Heyden said the City's alternate annexation is the E-3 canal. Perhaps that was the thinking at the time and staff recommended retaining the right-of-way. In addition, this is a new master plan. There is a difference in units, a difference in access points, and privatization. Mr. Kilday said that at the time of the approval, there was a list of conditions. One of the conditions was the dedication of the right-of-way for Knuth Road. That was accomplished. No one ever asked about SW Congress Boulevard because no one ever expected that dedication. When this was approved, a deed was prepared and the right-of-way that was requested was dedicated. If right-of-way had been required, the applicant would have had to dedicate it. Commissioner Jaskiewicz questioned whether or not the entire length of Knuth Road will be constructed when the Tara Oaks project construction begins. Mr. Kilday advised that Tara Oaks has the responsibility to the frontage of Knuth Road from Woolbright Road up to the canal. The commercial center must construct the remainder. There is an agreement with the County Engineer that the entire road would be constructed within a two-year time period. Mr. Winchester is attempting to coordinate so that the entire road can be constructed as one project. Commissioner Jaskiewicz explained that her opinion on whether or not SW Congress Boulevard is necessary would be influenced by the construction of Knuth Road. She further pointed out that the letter from the Tara Lakes Homeowners' Association is misleading because it refers to there no longer being plans to access the new community from SW Congress Boulevard. In response to Commissioner Jaskiewicz' question, Mr. Kilday advised that the distance between Congress Avenue and Knuth Road is approximately 2,600 feet (½ mile). Vice Mayor Bradley has many questions, but realizes that no one has the answers. He has concerns about the lack of flow that will be created if the road does not go through. In addition, he pointed out that Ms. Heyden feels the entire ingress/egress issue must be addressed rather than isolating this one issue. The other issues involve the emergency access points and the right-of-way on Knuth Road. Mr. Kilday explained that the only issue on the other two points is the emergency exit locks. A determination needs to be made relative to the type of locks to use. As far as the design and the single access point, there was no objection expressed. Ms. Heyden feels this sets a dangerous new precedent if the road is eliminated. The City needs to review this in terms of long-range service to the areas to the west. Originally, this community was not privatized in 1990. There is now only one full access point rather than two points that were on the plan at that time. Mayor Pro Tem Matson is concerned for the people in Tara Oaks and Clipper Cove who will be impacted and irate over this change. She feels this is a disgrace. Vice Mayor Bradley feels~input from these residents is needed because there are no facts in this case. Mr. Kilday stated that the one accurate fact that exists is the master plan in the City's possession, which was signed by the City's engineer, stating "approved master plan, 6/90". When the applicant submitted this plan in 1989, staff asked for the road. The applicant provided the road and was prepared to build 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 it. When it became an issue for the neighboring property owners, the applicant had no objection to removing it. The applicant did not ask for it to be removed. The property owners made that request. The road will never extend to the west beyond Knuth Road because of the Quail Ridge community. On the east, it aligns with an entrance to Leisureville and is a local collector street in that community. It does not connect to other north/south roads, and it does not run east. It is a very short road. From a long-range planning standpoint, it will not make very much of a difference whether or not it is built. From a police response perspective, it would provide one additional option, but the time difference between using SW Congress Boulevard, or Woolbright Road would be minimal because there is less than ¼ of a mile between the two roads. Attorney Cherof advised that because this issue is quasi-judicial, it may serve the interest of the applicant, the City and the residents for the Commission to table it to afford the applicant the opportunity to continue to search records and files so that whatever is unearthed will provide a clearer picture. In response to Mayor Pro Tem Matson's question, City Manager Parker advised that we have a copy of the plans Mr. Kilday referred to which were signed off by Mr. Finizio. The other point which was not raised is that when the time extension application was approved in April, the information provided to the Commission and the applicant contained the map with the road going through. That full packet of information was provided to the applicant and the Commission, and no mention was made that it contained the wrong map. The minutes referred to earlier were reviewed by Ms. Parker. There was a lot of discussion on the road and other issues. The Commission specifically enumerated only one or two of the issues discussed, and then said "subject to staff comments". They did not enumerate anything to do with the road. Therefore, this issue is very unclear. No comments from individual Commissioners were noted with regard to their thoughts on the road. Mayor Pro Tem Matson has a problem with not accepting plans because a certain employee signed off on them. City Manager Parker said that is not the reason this issue is in question. Mr. Kilday advised that plans were submitted to the Utilities Department in 1992. Copies of those plans were retrieved, and those plans show the cul-de-sac. Ms. Heyden said those drawings were received in her office with a question on them as to whether or not they were the approved drawings. In addition, Ms. Heyden said that at the time of the time extension, an updated traffic study was requested. The traffic study that was submitted with the time extension indicated that SW Congress Boulevard would be extended. Lee Wische recommended listening to the tape recordings of the meeting since the minutes are not verbati'm. City Manager Parker explained that the tapes are not maintained going back five years. Motion Vice Mayor Bradley moved to table. Commissioner Jaskiewicz seconded the motion which carried 3-1. (Mayor Pro Tem Matson cast the dissenting vote.) MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Attorney Cherof advised that when this issue comes back, Mr. Kilday will be permitted to continue with the presentation and supplement the record. Mayor Pro Tem Matson requested that the residents of the area be notified of this issue. Mr. Kilday advised that he notified the president of the Tara Lakes Homeowners' Association of tonight's meeting, but he was unable to attend. He will be here for the next meeting. Mr. Kilday asked for clarification of the platting issue he met with staff about. He was advised that the meeting room rather than the cabana is still an issue. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue /^ND$C^PE ^PPE^/- Request for a landscape code appeal to omit a 2 1/2 foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. This issue was addressed under Item VI-B.1. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 9:05 P.M. Commissioner Jaskiewicz requested that the Code Amendment relative to Psychic Readers be moved up on the agenda to accommodate residents in the audience. Motion Commissioner Jaskiewicz moved to amend the agenda to have Item B, "Code Amendment~, moved up on the agenda. Mayor Taylor suggested including the combination of the three UPS items. Commissioner Jaskiewicz agreed to the amendment. Vice Mayor Taylor seconded the motion which carried 4-0. B. Code amendment- regarding Psychic Readers Jerry Broening,d1~20 North Road, represented Inlet Cove Association which is comprised of Harbor Estates, Coquina Cove, and Yachtsman Cove. This Association was formed for the purpose of promoting public safety with the idea of beautification being involved and improvement of property values. The property owners are distressed that a member of the Commission feels this neighborhood is a better place for psychic readers than Ocean Avenue. Residents of the community were present in the audience to hear comments from the Commission. Mayor Taylor clarified that the Commissioners did not decide that one neighborhood was better than another for such a use. Staff recommended C-4 for this use. 2O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Vice Mayor Bradley requested that Ms. Heyden display a map indicating the C-4 zoning districts in the City. Ms. Heyden pointed out a small area in the southern part of the City which is located off Old Dixie Highway; a stretch along the east and west sides of North Federal Highway; a small area just north of Boynton Beach Boulevard west of the Railroad Avenue M-1 zone; and a small section which backs up against the railroad tracks directly west of the northwestern boundary of the Central Business District. In response to Mayor Pro Tem Matson's question, City Manager Parker advised that she placed this item on the agenda because the City has received several requests for this type of use. It is not listed in our zoning code, and all requests have been denied. Since the City is receiving more of these requests, a determination was made that if the City Commission wants this use included, a specific location must be selected. Staff recommends C-4 zoning. Commissioner Jaskiewicz questioned why the City would have to include this as a permitted use. Attorney Cherof stated that whenever there is a use that is not listed in the Code as a permitted use in any zoning district, the Commission has the right to consider the appropriateness of the activity in some zoning district. There is an application for an Occupational License currently pending. Mayor Taylor is opposed to this use, and the Police offer negative comments about this activity. If he was to approve the use at all, it would have been in the C-4 zoning district. However, he now realizes that residential communities would be impacted by this activity. Mayor Pro Tem Matson is against this use being included in the C-4 zoning district. If it was to be approved anywhere, she would vote for it in the Central Business District. She would rather not see this use included as a permitted use. Thomas Doughedy, attorney for the applicant., feels the Central Business District already has provisions for this business. Staff suggested that personal services is an area where it might be allowed. It is his opinion that the use should be allowed somewhere in the City, and his client is ready to pursue this matter if it is denied at this level. Mr. Dougherty explained that Boca Raton and Delray Beach allow this use in the Central Business District. This business does not generate a great deal of traffic and it is not aesthetically offensive. It is not appropriate to judge whether or not psychics should be allowed based on personal belief in the service. Vice Mayor Bradley asked Ms. Heyden to point out the industrial zones on the map. Ms. Heyden advised that the Comprehensive Plan would allow this use in industrial zones. There is M-1 zoning across from Hunters Run; a large area of M-1 on Industrial Avenue; next to the C-4 on Boynton Beach Boulevard which backs up to the FEC railroad tracks, and additional M-1 which backs up to the FEC Railroad tracks but is north of Woolbright Road and abuts an R-1AA residential zoning district. In addition, there is M-1 zoning near the Boynton Beach Distribution Center in Quantum Park off High Ridge Road. Vice Mayor Bradley does not feel this use belongs in the Central Business District, and it would present problems in the C-4 zoning district. 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Mayor Taylor does not feel this use fits in with the lifestyle of the community and he will vote against it. Attorney Cherof advised that the Commission must look at the service and if members of the public would use the service, then a decision should be made on what the appropriate districts would be for this use. Past Commissions felt adult entertainment establishments were not appropriate for the City; however, they exist in the M-1 zoning district and have been ruled by the courts to be appropriate in that district only. Mayor Taylor referred to the back-up information and pointed out that the use does not exist in five of the cities listed. Attorney Cherof advised that the use might not exist because a request might not have been received. He would have to research this situation. Motion Commissioner Jaskiewicz moved to turn this over to the Attorney and City Manager to further research this and take it up at a later date. Vice Mayor Bradley seconded the motion. B_uck Buchanan, 807 Ocean Inlet Drive, does not feel the City Commission should approve anything in any of the parcels that they would not want to be their next door neighbor. The residents do not want this in the C-4 area. In addition, they will be approaching the City Commission on businesses that already exist in C-4 and M-1 districts. He pointed out that a massage parlor existed in the area, and adult entertainment currently exists. Although these businesses exist, there may be ways of dealing with them through Ordinances dealing with alcoholic beverage sales. The previous City Commission and staff were clearly the enemies of this area of the City. He is hopeful this Commission is different. The residents want wholesome types of establishments. Creative and legal ways need to be found to overcome many of the problems that have been allowed to creep into this part of the City. The C-4 zoning district is not a dumping ground. These types of uses are not needed in the City of Boynton Beach. Mayor Taylor advised that staff is not the enemy of the residents. When a resident makes a request, staff must look at it and advise the City Commission on how it fits into the rules and regulations of the City. The City Commission must make the determination relative to how it affects a neighborhood. Vice Mayor Bradley remarked that the City Commission faces a difficult situation because we live in a free country. Although the massage parlor was put out of business one time, a legitimate, licensed massage therapist could go into the building, and the City would have no way of knowing if it has become a sleazy operation. Wholesome businesses may start out that way, and then change over to sleazy operations. Mr. Buchanan feels this type of business has a potential for abuse. He recommends setting certain requirements for operation with Ordinances. This has been done successfully in other parts of the State. The laws allow a lot of guilty people to walk free. The cities must become creative. He understands the problems associated with legalities, however, it is important to work to overcome some of the problems. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 The motion carried 4-0. Eo PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter, Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue LANDSCAPE APPEAL - Request for a landscape code appeal to omit the 2 1/2 foot wide landscape strips between the vehicle use area and the abutting property line at the southeast corner of the property, the east property line and the north property line. and Go PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter- Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue MAJOR SITE PLAN MODIFICATION Request to amend the previously approved site plan to construct 486 new parking spaces and upgrade the existing vehicle use area. and PROJECT NAME: AGENT: OWN E R: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter - Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue PARKING LOT VARIANCE - Request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building. Kieran Kilday, agent fo~the.~l~ant, explained that this is a rehabilitation of an existing building across from Hunters Run. There will be a phone operation to monitor packages. The area to the north and to the west is being reconstructed for parking for this facility. This facility will have 750 shift workers. A variance request for the parking lot deals with the south area. This area is an existing parking lot which will not be used by the facility. UPS is renting approximately 2/3 of the building, and there is an additional 1/3 to be rented to the South. When that south end is leased, the applicant agrees to upgrade that south parking lot. Another issue was the landscaping; however, it was resolved by the granting of a variance regarding landscaping along the east portion of the site. The variance was not granted for the area on the north, but it was indicated that a variance would probably not be necessary. On the south side, the variance 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 was not granted, but a suggestion was made that the applicant take the cost of landscaping on the south edge of the parking area, and apply it in the area between the existing north parking lot and Congress Avenue. That landscaping has been calculated along with some additional landscaping. (A copy of a memorandum from Quin Travers to the City Commissioners dated October 17, 1995, is attached to the original set of minutes on file in the City Clerk's Office.) The applicant is agreeable to this suggestion as noted in the memorandum. The only item requiring clarification for the applicant is with regard to the north area. The Forester visited the site and made a recommendation that the applicant remove the exotics. Once those exotics are removed, if infill is required, the applicant will provide that infill for the balance. The applicant has accepted that recommendation. Mr. Kilday said two memos are involved, and each one provides that recommendation slightly differently. He confirmed with City Manager Parker that the applicant is to follow the Forester's recommendation. Ms. Heyden advised that the applicant has decided to paint the building. Mr. Kilday said the color chips were submitted at the Planning & Development Board meeting. The body of the building will be painted a "putty" color, and the trim will be deep brown. The Planning & Development Board recommended that additional trees be planted along Congress Avenue at the northwest corner of the property. Mr. Kilday referred to the memorandum he submitted wherein the applicant agrees to plant the additional trees and additional hedging and trees replacing the value at the south property. Staff recommends approval of the parking lot variance subject to staff comments which deal with the north access aisle and upgrading the existing parking lot when the vacant portion of the building is occupied. Mayor Taylor inquired as to whether or not the parking lot will be lighted. Mr. Kilday responded affirmatively, but stated that the entrance road will not be lighted. The hours of operation are from 7:00 a.m. until 8:00 p.m. Ms. Heyden advised that the parking lot code requires the access aisles be lighted. City Manager Parker will seek an interpretation from the City Engineer on the driveway. Mr. Kilday reported that the applicant's intent was not to light it because of the hours of operation. If it is a Code requirement, they will review it. The plans are ready for submittal within the next several days. Vice Mayor Bradley moved to approve the major site plan modification at the UPS Communication Data Center amending the previously-approved site plan to construct 486 new parking spaces and upgrade the existing vehicle use area subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Motion Commissioner Jaskiewicz moved to approve the parking lot variance, request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25% of the existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried unanimously. Motion Mayor Pro Tem Matson moved to approve the request for landscape code appeal to omit the 2½' wide landscape strips between the vehicle use area and the abutting property line at the southeast corner of 3800 South Congress Avenue, known as UPS Communication Data Center subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. Mr. Kilday confirmed that the motion on the landscape appeal includes the condition of substituting landscaping to the north (the additional trees on Congress) and the infill (working with the Forester). Fo PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Carrabba's Italian Grill at the Target Shopping Center Lisa A. Tropepe, P.E. - Shalloway, Foy, Rayman & Newell, Inc. American Development Corporation Southwest corner of N.W. 22nd Avenue (Gateway Boulevard) and Congress Avenue SITI= PLAN - Request for site plan approval to construct a 6,238 square foot, 222 seat, one-story restaurant on a 1.61 7 acre outparcel at the Target Shopping Center. Lisa Tropepe, Civil Engineer., represented the applicant. This outparcel is in the northwest corner of the Target Shopping Center. lhe applicant has received all the necessary engineering permits including Palm Beach County Land Development Engineering Division and Palm Beach County Public Health Unit. lhe applicant has agreed to accept the balance of staff's comments which will be addressed at the time of building permit. All Code requirements have been met. With regard to the parking space requirements, the applicant has exceeded the requirement by 35 spaces and increased the green space area by four times the requirement, lhey have tripled the amount of trees required on the site. This proposed building will be compatible with the color of the adjacent buildings in the Target Shopping Center. Commissioner Jaskiewicz pointed out a discrepancy between the staff report and the applicant's request relative to the number of seats. The staff report indicates 222 seats, while the applicant indicates 225. Ms. Tropepe stated that their site plan shows 225 seats. Ms. Heyden advised that there have been concerns expressed from tenants in the shopping center. This outparcel was part of the Target Shopping Center, was preplanned, and it is considered to be vested. The proposed building will be compatible with surrounding buildings in the center. Staff recommends approval of the project subject to staff comments. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Vice Mayor Bradley questioned the mason for the additional landscaping. Ms. Tropepe explained that this outparcel is beautifully landscaped at the present time. There are existing trees and shrubs that meet the Code requirements; however, the owners of Carrabba's wish to provide additional landscaping around the restaurant and the perimeter of the parcel because they feel it is a good marketing tool. Mayor Pro Tem Matson confirmed that there will be 225 seats in the restaurant. Motion Mayor Pro Tem Matson moved to approve American Development Corporation's request for site plan approval to construct a 6,238 square foot, 225 seat, one-story restaurant on a 1.61 7 acre outparcel at the Target Shopping Center subject to staff comments. Vice Mayor Bradley seconded the motion which carried 4-0. Go PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter- Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue MAJOR SITE PLAN MODIFICATION Request to amend the previously approved site plan to construct 486 new parking spaces and upgrade the existing vehicle use area. This item was moved up on the agenda, and addressed earlier. Ho PROJECT NAME: AGENT: OWN E R: LOCATION: DESCRIPTION: UPS Communication Data Center Collene W. Walter - Kilday & Associates, Inc. GR Palm Associates 3800 South Congress Avenue PARKING LOT VARIANCE - Request for relief from Chapter 23 - Parking Lots, Article I, Section 2.F of the Land Development Regulations to allow an increase in parking spaces which exceeds 25 % of the existing stalls without upgrading the portion of the existing vehicle use area located between the south property line and the existing building. This item was moved up on the agenda, and addressed earlier. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: RaceTrac Service Station at Shoppes of Woolbright PCD Anna Cottrell- Basehart & Cottrell, Inc. RaceTrac Petroleum Inc. Northwest corner of S.W. 8th Street & Woolbright Road TIME EXTENSION - Request to grant a five (5) month retroactive and a one (1) year time extension for site plan approval and concurrency exemption. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Attorney Cherof reported that there is a reference in the Planning and Zoning Director's memorandum, and there were references made at the Planning & Development Board meeting with regard to the most recent settlement agreement with Tradewinds and Michael Morton as having some potential impact on this application for extension. In Attorney Cherof's opinion, that should not be a consideration by the Commission. This application should be evaluated on its own merit without reference to that settlement agreement. Aona Cottrell; 1532 Old Okeechobee Road; West Palm Beach, represented the applicant. Also present were Mark Hunter, Vice President of RaceTrac, and Jeff Mead, Attorney, representing the applicant. This is a request for a time extension of the site plan that was approved in 1993. There was an extension granted last year. RaceTrac was unable to move forward with their development plans for a number of reasons which were not in RaceTrac's control. They have made diligent efforts to begin development. They submitted applications for building permits immediately following the original apProval. However, when the applications were reviewed, staff determined that there were several outstanding issues which must be addressed before commencement of construction. The first problem involved the existence of power poles and transmission lines within an FPL easement. It was the seller's obligation to move those power lines, abandon the easement, and set new poles. That project was not completed until this year. In addition, there was a requirement to relocate a sewer trunk line which ran through the middle of the site, and abandon the easement in which that line was located. That project was not accomplished until February of this year. The third major issue which resulted in the delay was related to the general permit issued by the South FlOrida Water Management District for the surface water management for the overall Tradewinds project. When the contractors applied for a specific drainage permit for this site, they learned the general provisions were not met by the original developer, and remediation had to be done on an existing pond that would have a shared use with this development. That situation was not taken care of Until this year. The seller has completed his obligations to RaceTrac and they are ready to go forward. They attempted to submit permits once again this year, and learned at that time that the site plan approval had expired in April. RaceTrac is a company which is based in Atlanta, and not having a local consultant, this project fell through the cracks. There are no changes proposed in the site plan and the applicant is requesting an extension until April of 1996. Ms. Cottrell displayed an elevation of the proposed project. Commissioner Jaskiewicz questioned the path the patrons will follow to exit the site if they wish to travel in an easterly direction. Ms. Cottrell explained that FDOT access management standards have not changed since this project was originally approved. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 In response to Mayor Pro Tem Matson~s question regarding what the City Commission should be considering at this time, Attorney Cher0f advised that this is an application for an extension of time. Ms. Heyden advised that the Concurrency Review Board and the Technical Review Committee reviewed this application and recommend approval subject to the site plan comments. In addition, the Planning & Development Board also recommends approval. Commissioner Jaskiewicz inquired as to the developer's alternatives if the Commission denies the request for the time extension. Ms. Heyden advised that the applicant would have to submit a new site plan application. Commissioner Jaskiewicz expressed concern about whether or not the criteria listed in the environmental review were adequately met. Attorney Cherof advised that there are regulatory controls with respect to this type of use at the State, County and Federal levels. He is certain the applicant intends to comply with all of those controls. Ms. Cottrell reported that RaceTrac has received all jurisdictional agency permits that apply to this property including DEP. The applicant has completed the environmental review with the City. They have permits from South Florida and Lake Worth Drainage Districts. The only things they do not have are building permits to commence development. Commissioner Jaskiewicz stated that one of the environmental criterion involves impact on existing neighborhoods. The only thing separating this use from a neighborhood is a canal. Ms. Heyden said that issue was addressed when the master plan was modified. Commissioner Jaskiewicz also pointed out that service stations cannot be approved unless they are at intersections that are four laned. She inquired as to whether or not this requirement could now be enforced. Attorney Cherof's response was negative. Mayor Taylor feels the applicants did everything they could to bring this in on time. There were circumstances beyond their control. He does not see any reason to deny this request. Mayor Pro Tem Matson feels this is a hardship because the project was already approved. The Commission is not addressing the site plan. Furthermore, Mayor Pro Tem Matson does not want to see the City facing another lawsuit. MotioJ~ Mayor Pro Tem Matson moved to approve the five-month retroactive the one-year time extension for site plan approval and concurrency exemption for RaceTrac Petroleum, Inc., northwest corner of SW 8th Street and Woolbright Road. Vice Mayor Bradley seconded the motion which carried 3-1. (Commissioner Jaskiewicz cast the dissenting vote.) IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tem Lynne Matson 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 1. Superfund Reform '95 Mayor Pro Tem Matson spent three days in Washington lobbying Senators and Congressmen who are part of the Legislative Delegation on Superfund Reform for 1995. In 1980, when Congress passed the Superfund Law, it was done so that toxic sites throughout the country would be cleaned up. Superfund is costing taxpayers $4.14 billion annually, and the State of Florida has over 50 sites listed on the NPO list. Every city in the country has a potential to become a potentially responsible party. What this means is that if the city is doing asbestos abatement, or they have their own recycling, or are doing revitalization of property and toxic fill arises, or even if they are disposing of waste properly in a landfill and that landfill becomes toxic, the city is responsible. Reform to this law is needed because local governments are faced with direct liability. Chambers of Commerce are also faced with direct liability. All of the money currently being spent on Superfund Reform is going to attorneys and consultants rather than cleaning up the sites. Reform relative to cleaning up the sites is also desired because the standards need to be based on the type of use that will be developed on a site. There are many pockets within the cities that remain off the tax rolls and people are losing their businesses. Connie Mack has agreed to cosponsor this effort. The City of Delray Beach has just signed to become one of the local governments for Superfund Reform. Deerfield Beach has also signed on, and Palm Beach County will be signing on. This is a very important issue. Superfund Reform is requesting that the cities: · Agree to support Superfund Reform; · request that the money go into cleaning up the sites; · support placing a cap on the national priority list so that 1,100 or 1,200 other sites cannot be added; and · express concern about direct liability. Mayor Pro Tem Matson will leave a packet of information with the City Manager which can be copied for anyone who is interested in reading the material. She requested that the City of Boynton Beach support Superfund Reform. Mayor Pro Tem Matson will be making presentations in other cities and at Chambers of Commerce. Ca:~sensus Them was a consensus of the Commission to support this request and the City Manager will submit the form letter of support which was included in the packet of information. Mayor Pro Tem Matson also requested that a Resolution be prepared which she can pass on to the Legislative Delegation. B. Code amendment - regarding Psychic Readers This item was addressed earlier in the meeting. 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Co Consider request submitted by Jeff McGlinnen to have a neighborhood block party on Saturday, October 28, 1995, from 5:00 p.m. to 9:00 p.m., and to close the main entrance of SW 4th Street to the stop sign at SW 27th Avenue Motion Vice Mayor Bradley moved to approve this request for a neighborhood block party. Commissioner Jaskiewicz seconded the motion which carried unanimously. D. Amendments to Boynton Beach General Employees' Pension Plan regarding investment guidelines Mayor Taylor reported that the General Employees' Pension Board met and would like to change the amount of money to be invested in stocks. This suggestion was originally made by the money manager, and the board agreed to change the asset allocation to allow investment of up to 60 percent in stocks (with a target of 55 percent). City Manager Parker advised that if the Commission approves this in concept, it will appear on the next agenda as an Ordinance for first reading. Following approval on first reading, it will return for public hearing and second reading. Motion Vice Mayor Bradley moved to direct the City Manager and City Attorney to draw up an Ordinance reflecting the change desired in the Employees' Pension Plan. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tem Matson requested copies of all previous meeting minutes when this issue was discussed. She recalls former Mayor Harmening having very good reasons for not making this change. City Manager Parker will supply minutes of the Pension Board meetings and the City Commission meetings. The motion carried 4-0. E. Amendments to Boynton Beach Firefighters' Pension Plan regarding investment guidelines Motion Vice Mayor Bradley moved to direct legal and management to draw up an Ordinance reflecting the change desired in the Firefighters' Pension Plan. Mayor Pro Tem Matson seconded the motion. She requested copies of the meeting minutes when this was discussed in the past. The motion carried 4-0. 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 F. New Beginnings Church Project Commissioner Jaskiewicz reported that a proposal was received by the Commissioners from Wayne Patrick of the New Beginnings Missionary Baptist Church. Mr. Patrick has been involved in bringing the community together. He has provided meals for people in the area, belongs to community organizations, and would now like to broaden his program to provide a counselling and tutoring program for elementary school children in the area. Funding would be involved. Roy Dawson, 436 NW 5 Avenue, advised that this program will provide educational services and counselling for neighborhood children. The program focusses on changing the children's attitudes. It will entail drug and alcohol prevention activities. This will be an after-school and Saturday program. Mr. Dawson will work directly will the children and he will collaborate with agencies such as the Boynton Beach Community Center and the United Way. Certified teachers and peer group volunteers will be involved. In response to Commissioner Jaskiewicz' question, Mr. Dawson advised that he has applied for a grant; however, he is seeking start-up funds. He has not contacted the School Board to seek support. He has applied to the Community Foundation, but they do not accept grant applications until February. Commissioner Jaskiewicz questioned whether or not Mr. Dawson has considered using volunteers until the grant funds come through. Mr. Dawson stated that the program will begin on November 1 regardless of whether or not funds are available. He will be volunteering his services. Mayor Taylor pointed out that this is a request for the City to fund this program, but this organization is not a public organization. He questioned whether or not the City could expend taxpayers' funds in this manner. City Attorney Cherof advised that the City can support any local civic organization or group of individuals if their activities support the general public or if it advances the interests of the City so long as the organization does not preclude any segment of society. Commissioner Jaskiewicz felt this proposal should have been presented prior to the budget process. In response to Mayor Taylor's questions, Mr. Dawson advised that this program will be held in an existing church. They are also attempting to secure property On 12th Avenue where an abandoned building is located. Mr. Dawson advised that the area has been canvassed to make a determination on the number of children who would be involved in the program. He feels the problem they will encounter involves what to do with the children when there is an overflow. The children will submit registration forms and be selected for the program based on a first-come, first served basis. Commissioner Jaskiewicz felt a better way to select the participants would be through referrals through the schools. Mr. Dawson pointed out, however, that his purpose is to serve the community. Referrals will fill all of the slots. This program will run for 1 ½ hours on Monday and Wednesday, and for two hours on Saturday morning. 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Mr. Patrick advised that he spoke with Sgt. Dean of the Police Department to try to get additional help. Sgt. Dean will discuss this program with the Police Chief. Questions arose about the budget, the use of volunteers, the use of the First Baptist Church of Lantana, Inc. tax number, purchase of computer equipment, the evaluation of the program, and salaries for teachers. Mayor Taylor pointed out that funding this project requires use of taxpayers' money. He is concerned because the Commission denied a request from Congress Middle School for $5,000 for a new reading program. This is a private undertaking, and if it is approved, other private organizations will come in with similar requests. Mayor Taylor would feel somewhat better about this program if he could evaluate the results of the program after it has been in operation for a year. Attorney Cherof advised that he had not read the back-up material, and at this point, he is not satisfied from what he has heard that public funds could be expended in this way. He would like an opportunity to review this proposal and provide advice to the Commission. Vice Mayor Bradley explained that Poinciana's Latchkey Program is in place. He wondered whether or not this program could be brought there to get it started. He is not opposed to partial funding. However, the City must be convinced before spending public funds. The City Attorney will research this program further. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 095-28 Re: Land Use Amendment - Lake Worth Christian School ....................................... TABLED UNTIL OCTOBER 17, 1995 This item remained on the table. 2. Proposed Ordinance No. O95-29 Re: Rezoning Lake Worth Christian School ........................................................ TABLED UNTIL OCTOBER 17, 1995 This item remained on the table. 3. Proposed Ordinance No. O95-37 doors fronting on certain streets Re: Community Design Plan change- overhead Attorney Cherof read Proposed Ordinance No. 095-37 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Mayor Pro Tem Matson moved to approve. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote which carried 4-0. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 13. Ordinances- 1st Reading: 1. Proposed Ordinance No. O95-38 Re: Section 4-51 to comply with Florida Statutes Amending Chapter 4, Animals and Fowl, Attorney Cherof read Proposed Ordinance No. O95-38 by title only. City Manager Parker advised that this Ordinance will update our Animal Control Ordinance with State Statutes. j~otion Mayor Pro Tem Matson moved to approve. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote which carried 4-0. Proposed Ordinance No. 095-39 Re: Amend Chapter 17, Peddlers & Solicitors, deleting fee requirements and providing for the limitation of duration of terms for solicitation permits Attorney Cherof read Proposed Ordinance No. 095-39 by title only. Vice Mayor Bradley moved to approve. Commissioner Jaskiewicz seconded the motion. Mayor Pro Tem Matson believed this Ordinance was to include a provision to allow the solicitors to extend the permits if they chose to do so. City Manager Parker and Mayor Taylor advised that the Ordinance does contain such a provision under Sec. 17-39(c). City Clerk Sue Kruse polled the vote which carried 4-0. Co Resolutions: 1. Proposed Resolution No. R95-157 removal and relocation agreement ....... Re' Authorize execution of billboard TABLED UNTIL NOVEMBER 7, 1995 This item remained on the table. Proposed Resolution No. R95-170 coverage for City Commissioners Re: Policy for health & dental insurance Attorney Cherof read Proposed Resolution No. R95-170 by title only. Motion Vice Mayor Bradley moved to approve. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 2-1 with one abstention. (Mayor Pro Tem Matson cast the 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 dissenting vote, and Commissioner Jaskiewicz abstained from the vote to avoid the appearance of a conflict of interest.) 3. Proposed Resolution No. R95-171 Re: Approve new job descriptions for new positions and title changes for FY 95/96 Attorney Cherof read Proposed Resolution No. R95-1 71 by title only. Motion Vice Mayor Bradley moved to approve. Mayor Pro Tem Matson seconded the motion. City Manager Parker confirmed that grant writing was included for the position of Public Information Officer in the City Manager's Office. Mayor Pro Tem Matson further confirmed that all descriptions and title changes in this packet were included in the Commission's vote during the budget process. Nothing additional has been added since that time. Mayor Pro Tem Matson inquired as to the status of the Civil Service Rules & Regulations which were in the process of being rewritten. City Manager Parker said they have been revamped and will be coming back to the City Commission. The motion carried 4-0. D. Other 1. Approve General Liability Settlement - David Levine City Manager Parker advised that this case involved a police pursuit where cars were hit and bystanders were injured. Staff recommends settling this case. Mayor Pro Tem Matson requested back-up information on the legal fees to date. Motion Commissioner Jaskiewicz moved to approve. Mayor Pro Tem Matson seconded the motion which carried unanimously. XI. UNFINISHED BUSINESS: None 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 XII. CITY MANAGER'S REPORT: None XIII. OTHER: Mayor Taylor reported that the City of Boynton Beach has been nominated to receive an award under the Red Ribbon program. XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:52 p.m. At 10:53 p.m., the meeting reconvened to allow the Commissioners to set a date and time for an Executive Session. The meeting was set for Thursday, October 26, 1995, at 6:30 p.m. The meeting properly adjourned at 11:00 p.m. ATTEST: City Clerk ,~e:?ording Secretary (Five Tapes) CITY OF BOYNTON BEACH MayOr ~missioner~ FORM 8B_ MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AS'I'NAMI: I.IR~l ~AMI. MII)I)I I! NAME JaskiewJcz. ~h4rl~? MAII.IN(i AI)I)RF~S 1917 SW 13th Avenue crr¥ COUNTY Boynton Beach Palm Beach DATE ON WHICH VOl E OCCURRED October 17, 1995 NAMe CE' ~OArl). COIJncl,.. c'OMM,sslOn. Au~ HOREfY. or COM MIl'lEE City Commissioner THE BOARI), COUNCIl.. COMMISSION. AUTHORI"rY OR COMMII'rEE ON WHICH I SERVE IS A I/Nil'OF: j~ CITY a COUNTY C30'IHER LOCAL AGenCY NAME OF 1~31.1TICAI. SUBDIVISION: City Commission, MY POSITION IS:' :~ ELECTIVE ~oynton Beach APPOINTIVE WHO MUST FILE FORM 8E This form is tbr use by-any person serving at the county, city, or other local level of government on an appointed or elected board. council, commissiom authority, 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 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: A person holding elective county, municipal, or other local public office *lUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agent') by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording thc minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICER~, A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should 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 should be provided immediately to the other members of thc agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM ~B - I-gl PAGE IF .YOU MAKE NO ATTEMP'~ TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the rt of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LC~AL OFFICER'S INTEREST i, .q;~.i ri ~y D. Jaskiewicz , hereby disclose that on October 17 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: ~n order to avoid the appearance of any ~ conflict payment of insurance premiums has been made on my behalf to the formal adoption in ordinance form of this policy, from the vote. ,19 95 , by whom I am retained. because one prior I abstained Date Filed ~ignature J _ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQU iD DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLO'Wqi,4G: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - I-~1 PAGE 2 Kilday ~ A~er. iatm Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 * Fax: (407) 689-2592 MEMORANDUM DATE: October 17, 1995 TO: City Commissioners of Boynton Beach FROM: Quin Travers RE: UPS Communications Data Center OUR FILE NO.: 660.6 With regards to the comments made at the Planning and Development Board meeting held on October 10, 1995, in lieu of approving the landscape appeal for the required landscaping along the south edge of the proposed parking area, the applicant shall provide additional landscaping of equivalent value between the existing parking lot and Congress Avenue. The cost of the required landscaping along the south edge of the proposed parking will be approximately $760.00. This cost will be utilized along the west side of the existing parking in the form of three Royal Palms and a 70' long Cocoplum edge planted along the west edge of the existing parking lot. Also, in addition to meeting that requirement, twelve (12) Royal Palms were added along the Congress Avenue right-of-way. THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. GRAD~IRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS OCTOBER 17, 1995 e e e JOHN C. CASSIDY INC ........................................ $ 72,363.28 P.O. 9246. Payment g4, City Hall HVAC Modifications Original Contract Change Orders Adjusted Contract Payments to Date Current Payment Contract Balance $ 861,703.00 3,883.50 865,586.50 280,846.03 72,363.28 $ 512,377.19 Pay From Public Serv Tax Const -- 301-000-1-050-20 MONTGOMERY ENVIRONMENTAL INC ....................... $ 52,433.00 P.O. 9979. Microbial Remediation Original Contract Change Orders Adjusted Contract Payments to Date Current Payment Contract Balance $ 414,406.00 7,859.60 422,265.60 65,456.00 52,433.00 $ 304,376.60 Pay From Public Service Tax Const -- 301-000-1-050-20 MUNICIPAL SERVICES GROUP INC ........................... $ 39,013.26 P.O. 8827. Police Fleet, Lease Purchase Contract, Pymt #2 Pay From Vehicle Service Fund -- 501-000-1-250-00 POLICE LAW INSTITUTE ..................................... $15,800.00 Computerized Training System Subscription Pay From General Fund -- 001-211-5-382-00 ROBERT G. CURRIE PARTNERSHIP INC ....................... $18,761.41 BB Elementary Design Contract/15% Pay From Misc Trust Fund -- 691-000-1-693-18 0 SCRWTD BOARD ............................................ $185,525.34 September User Charges. 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