Loading...
Minutes 08-15-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BECH, FLORIDA, ON TUESDAY, AUGUST 15, 1995, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager Sam Goren, Assistant City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:30 p.m. B. Invocation The invocation was offered by Father John Block of St. Mark Catholic Church. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Commissioner Rosen. D. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Jaskiewicz added Item IV.A.3 (Police Initiative Report for the past 60 days). Mayor Taylor moved Item IV.B.4 in front of Item IV.B. 1. Commissioner Rosen added Item IX.A (Set Date for Workshop). 2. Adoption Commissioner Rosen moved to adopt the agenda as amended. Mayor Pro Tem Matson seconded the motion which carried 5-0. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 II. ADMINISTRATIVE A. Appointments to be made Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor IV Matson II Bradley II Bradley IV Matson II Bradley IV Matson II Bradley IV Matson IV Matson Mayor Taylor Rosen II Brad l ey III Jaskiewicz IV Matson Mayor Taylor Board of Adjustment Alt Bldg. Board of Adj. & Appeals Alt Cemetery Board Alt Children & Youth Adv. Board Stu Children & Youth Adv. Board Alt Library Board Alt *Senior Advisory Board Reg Senior Advisory Board Alt Cemetery Board Reg Comm. Redev. Adv. Bd. Reg Community Relations Board Reg Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Code Enforcement Board Alt Term expires 4/97 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/97 1 yr term to 4/96 Term expires 4/96 Term expires 9/97 3 yr term to 9/98 3 yr term to 9/98 1 yr term to 9/96 1 yt term to 9/96 TAB LED TAB LED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TAB LED TAB LED Motion Mayor Pro Tem Matson moved to remove the appointments from the table. Vice Mayor Bradley seconded the motion which carried 5-0. Commissioner Rosen appointed Marvin Schwartz as a regular member to the Code Enforcement Board, without objection. Since Vice Mayor Bradley had been on vacation, Mayor Pro Tem Matson wondered if he was aware that Keturah Lee, a student, submitted an application to be on the Children and Youth Advisory Board. Vice Mayor Bradley was not aware of this. He thanked Mayor Pro Tem Matson for bringing this to his attention, and appointed Keturah Lee as a student member to the Children and Youth Advisory Board. No objections were made. 2 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Motion Mayor Pro Tem Matson moved to place the remaining appointments on the table. Vice Mayor Bradley seconded the motion which carried 5-0~ III. CONSENT AGENDA A. Minutes 2. 3. 4. Regular City Commisison Meeting Minutes of July 18, 1995 Budget Workshop Meeting Minutes of July 25, 1995 Special City Commission Meeting Minutes of July 27, 1995 Regular City Commission Meeting Minutes of August 3, 1995 With regard to the Minutes of the August 3, 1995 meeting, Commissioner Jaskiewicz corrected the next to the last sentence in the third paragraph on page 10 to read as follows: She is concerned with the station being located within 500 feet of the other gas stations. B. Bids NOne. C. Resolutions Proposed Resolution No. R95-121 Re: Ratification of the South Central Regional Wastewater Treatment and Disposal Board actions of July 20, 1995 bo Co Approved an expenditure of $1,147.96 from Repair and Replacement Fund to replace existing Paco Pump for reuse water system in Old Effluent Building Approved an expenditure of $1,500 from Repair and Replacement Fund to replace drive disc for #2 RAS Pump - B Plant Approved an expenditure of $3,500 from Repair and Replacement Fund to repair Boynton Influent Flow Meter MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 do Approved the acceptance of the 1995/96 Budget, Capital projects, Capital Assets, Repair and Replacement and Surplus Fund Expenditures Proposed Resolution No. R95-122 Re: Authorize agreement between the City of Boynton Beach and Palm Beach County regarding the protection and support of underground 16" D.I.P. waterline for Lawrence Road pathway - Project g94087 and 94088 Proposed Resolution No. R95-123 Re: Authorize execution of contract with Palm Beach Community College for off-site training for the Paramedic Program Proposed Resolution No. R95-124 Re: Request for surety release - Boynton Lakes Plat 5 Mayor Pro Tem Matson pulled this item from the Consent Agenda. Proposed Resolution No. R95-125 Re: Authorize execution of contract with Lawson, Noble & Webb, Inc. in the amount of $8,000 for design and permitting services for paving, grading drainage, on-site potable water main extensions and on-site sanitary sewer service connections for Rolling Green Municipal Complex Proposed Resolution No. R95-126 Re: Authorize execution of contract with Milne and Nichols, Inc. for emergency repairs for the Art Center Proposed Resolution No. R95-127 Re: Authorize execution of contract with the State of Florida for acceptance of grant to perform historic site surveys E. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. 4 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 F. Payment of Bills - July 1995 A list of these bills is attached to the original minutes on file in the City Clerk's Office. G. Approve disposal of records - Communications Department Records Disposition Request #289 has been approved by the State. He Authorize payment for emergency sewer main replacement at Leisureville - S.W. 18th Street and S.W. Congress Avenue in the amount of $12,687 Pursuant to Utilities Memorandum #95-257, the 10" vitrified clay sewer has failed and is in need of repair. The line is approximately 240 feet long at a depth of 13 feet and has several defects. It was recommended that the Insituform method be used to rehabilitate this sewer main. It was requested that this project be authorized as an emergency because of concern for maintaining normal traffic flow in the area. Should the road continue to settle, it may require closing of the intersection to protect the general public. Motion Mayor Pro Tem Matson moved to approve the Consent Agenda, with the exception of Item III.C.4. Commissioner Jaskiewicz seconded the motion which carried 5-0. At this time, Commissioner Jaskiewicz requested that Item III.C.6 also be pulled from the Consent Agenda. Motion COmmissioner Jaskiewicz moved to amend the previous motion to also pull Item III.C.6 from the Consent Agenda. Vice Mayor Bradley seconded the motion which carried 5-0. o Proposed Resolution No. R95-124 Re: Request for surety release - Boynton Lakes Plat 5 William Hukill, Director of Development, distributed a copy of an agreement to the Commission. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Pro Tem Matson advised that in 1990, the community of Boynton Lakes North entered into a tri-party agreement with the Assocation, Lermar Homes, and the Engineering Department for the City of Boynton Beach. There was a dredge and fill operation going on and part of the condition that the dredge and fill operation would commence under was that there would be a $75,000 fee to the Homeowners' Association for the approval of the dredging and to pay for the fill that was going to be removed. The first $25,000 was to be given to the Association when the dredging commenced; the second $25,000 when it was finished; and the third when the final surety was released throughout all of the Boynton Lakes community. We now have before us a request for surety release for Boynton Lakes Plat 5 which, in essence, is the last surety that the City is holding for this community. Mayor Pro Tem Matson would like to put two conditions on the release of this surety. The first one is to repair the sidewalk at Boynton Lakes Boulevard and Plaza Lane, both of which are City streets, that was damaged during the construction of the shopping center before the surety is released. The second condition is to have a mutual release of this surety. She would like the surety released to Lennar when they turn over the $25,000 check to the Homeowners' Association. William Hukill, Director of Development, advised that weeds are growing from that sidewalk. The engineer's estimate was $150. However, two other sections are broken because the applicant who is now on the site has been hauling dirt on and off the site across the swale. He has been given a stop work order. Mr. Hukill stated that holding the surety until the sidewalk is finished is a reasonable request. However, withholding the surety in exchange for a $25,000 check to the Homeowners' Association is a legal issue. Mr. Hukill said the agreement he distributed is the only one he has been able to find. It mentions a fill agreement and he had heard descriptions that coincide with what Mayor Pro Tem Matson said tonight, but there is no record of that particular transaction in the files. Therefore, he assumed it was a separate deal and the attorney would have to rule whether it is a reasonable condition to withhold the surety until the $25,000 is paid. Mayor Pro Tem Matson said the reason she did not mention the other sidewalk is because it is being done by the new builder, Mr. Schlessinger. It had nothing to do with the surety. She assumed Mr. Schlessinger will be held accountable for whatever damage he has done. Attorney Goren believes Mayor Pro Tem Matson is asking for a simultaneous activity, which is that the release of the bond will occur when and if Lennar makes its contribution as required. Therefore, it would not be withholding the bond. It would be simply timing the 6 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 delivery of dollars with the release of the bond. He said it would be legally acceptable to do it that way. Mayor Taylor did not see any mention of the $75,000 in the agreement that Mr. Hukill distributed. Mayor Pro Tem Matson advised that the $75,000 was a condition. She advised that the agreement distributed by Mr. Hukill is the dredge and fill agreement, not the $75,000 agreement. Mr. Hukill said he has not seen a written agreement referring to the purchase of fill, but he had reason to believe it exists because several people have told him about it. Mayor Pro Tem Matson advised that Scott Miller signed off on that agreement and there should be a copy of it in the Boynton Lakes file in the City Manager's Office. If a copy cannot be found in the City, she will obtain a copy from her Board of Directors or Property Manager. Motion Mayor Pro Tem Matson moved to table this item until the next City Commission meeting. Commissioner Jaskiewicz seconded the motion which carried 5-0. Proposed Resolution No. R95-126 Re: Authorize execution of contract with Milne and Nichols, Inc. for emergency repairs for the Art Center Commissioner Jaskiewicz was grateful to see that we are going to begin the emergency repairs for the Art Center. However, she was concerned with whether we are going to proceed with the litigation against the juvenile who was responsible for the fire. She pointed out that even with the insurance settlement, the City is responsible for a certain amount. Attorney Goren will have the answer to this question at the next meeting. Motion Commissioner Jaskiewicz moved to approve Item 6. Commissioner Rosen seconded the mOtion which carried 5-0. 7 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements City Hall will be closed Monday, September 4, 1995 in observance of Labor Day Mayor Taylor made this announcement. o Discussion on moving the first Commission meeting in October to Monday, October 2 or Thursday, October 5, 1995 since Tuesday, October 3, is Yom Kippur This meeting was scheduled for Thursday, October 5. 3. Police Initiative Report for the past 60 days Commissioner Jaskiewicz stated that we often read negative reports concerning our Police Department in the newspapers. She brought to the public's attention many of the fine things that the Police Department is involved in. We have been greatly concerned with prostitution on Federal Highway, and with the drug problem. She referred to the Wrice Process and said many of our officers are volunteering to provide security to the residents during the marches. In addition, arrests were made for 13 felonies, 51 misdemeanors, 5 warrants, 31 Johns, 11 grams of marijuana, 10 counterfeit cocaine rocks, etc, without any injuries or damage to City property. She considered this a reverse initiative and a resounding success and would like to see more press releases related to the positive police activity. ~ayor Taylor felt it was great to point out the good things our Police Department is doing. He said somehow it just does not show up in the press. He felt the numbers on that report are a remarkable achievement and prove that somebody is out there doing a great job. He e:~pressed appreciation for the Police Department. 8 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 B. Presentations e Present Certificate of Appreciation to Derrick Harper, Pro Basketball player for the New York Knicks, for conducting a free summer basketball camp at Hester Center Mayor Taylor welcomed Derrick Harper to Boynton Beach and asked him to approach the podium. Charles Frederick, Director of Recreation and Parks, advised that Tom Williams, Supervisor III at Hester Center, is responsible for bringing Mr. Harper to Boynton Beach. Mr. Williams stated that Mr. Harper grew up in West Palm Beach. He graduated from North Shore High School and obtained a degree from the University of Illinois. He was drafted in the NBA by the Dallas Mavericks and later was traded to the New York Knicks during the 1993/94 season. Mr. Harper is very dedicated to children everywhere; not only in Pall Beach County, and has dedicated his time to our community for two years. Mr. Williams was very proud to be associated with such a fine and honest young man. He thanked him for his contribution to the youth throughout the community. Mayor Taylor presented two Certificates of Appreciation (one for 1994 and one for 1995) to Mr. Harper, recognizing his selfless dedication to the children of the community. On behalf of everyone in Boynton Beach, Mayor Taylor thanked Mr. Harper very much. Mr. Harper thanked God; for without Him, he would not be in a position to be a role model for children. He also took this opportunity to thank Mr. Williams and the City of Boynton Beach for having him. Mr. Harper was willling to help the community anytime. Mr. Williams advised that Mr. Harper donated $1,200 to purchase T-shirts for the children. EaCh member of the City Commission and City Manager Parker were presented with shirts alsO. Mayor Taylor again thanked Mr. Harper. At this point in the meeting, Mayor Taylor requested that Item IV.B.2 be moved up on the agenda to accommodate Mr. Delaney who was in a body cast. Motion Mayor Pro Tem Matson moved to amend the agenda to move up Item IV.B.2. Bradley seconded the motion which carried 5-0. Vice Mayor MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 2. Proclamation - Joe Delaney .......................................... TABLED Mayor Taylor read a proclamation honoring Joseph H. Delaney for all of his invaluable contributions to the City of Boynton Beach, and declaring Wednesday, August 2, 1995 as Joe Delaney Day in the City of Boynton Beach in honor of all the outstanding contributions made by this kind of thoughtful gentleman to our community over the years. Mr. Delaney said he had been in pain for a year and a half and had 11 operations. He was to undergo a new operation which did not look very favorable. Therefore, little by little he resigned from the 17 jobs he held with various groups, including the Cemetery Board. He did not expect his surgery to be successful; however, the doctors expect him to be dancing again in five weeks. He thanked everyone for the proclamation. He said it was a pleasure working with the City and he will probably be looking for another job in five weeks. Vice Mayor Bradley said he met Mr. Delaney about 12 years ago when he was looking to move to Palm Beach County. He said Mr. Delaney is a great friend and a great volunteer and wished more people were as dedicated as he. MaYor Pro Tem Matson said she met Mr. Delaney in her Leadership Boynton class in 1990 and knew then that he was a very special person. She said she learned a lot from him and he has been one of her mentors. FAU Representative Sara Severson to present an overview regarding a consensus-building/visioning process for the City of Boynton Beach Ms. Severson gave a brief overview of the American Assembly process and talked about the role and the composition of the Steering Committee. The American Assembly was established in 1950 by Dwight Eisenhower, who was then President of Columbia University, to provide a study and a technique for bringing a diverse group of people together to write a consensus on important public policy issues. For about 20 years now, FAU has made a few modifications to the original assembly model to make it more effectively meet the needs of local government. They have coordinated close to 40 or 45 assemblies for a number of local governments and orgnizations in Florida and other states. Ms. Severson has been with the institute for about 12 years and has personally coordinated about 35 of those assemblies. With a community as large as Boynton Beach, the format of the assembly is usually a two and a half day format which runs all day Thursday and Friday, and ends on Saturday afternoon. 10 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 One hundred people from the Boynton Beach area would be invited. They do not have to be Boynton Beach residents, but they should have some stake in the community. They would be asked to participate for the full two and a half days. The first two days are spent in small group discussion. The agenda items are developed many months in advance with FAU and the Steering Committee which is to be selected by the City Commission. The agenda items are determined by the community issues. Typical topics could be economic development, public safety, and neighborhood revitalization. Ms. Severson advised that it is very important to get a very diverse representation from all sectors of the community. FAU works very hard with the committee for many meetings to make sure we have the right breakdown of public and private sector representatives. The 100 people are divided into four equal groups of 25 and a facilitator is assigned to moderate the small group discussion. A recorder from FAU's staff would be responsible for summarizing in writing the small group consensus. Everybody will be discussing the same agenda questions at the same time, but in different groups. After each session, the recorders present their notes to the FAU drafting team who integrates them to look for a consensus. The draft policy statement is reviewed on Thursday and Friday. On Saturday morning, there would be a preliminary session which is run by parliamentary procedures. The participants review the ~aft policy statement and are given the opportunity to make any amendments. At the end of the preliminary session, a final policy statement would be adopted by the asssembly and distributed to the assembly participants, the City Commission, and anybody else it might affect, such as the School Board and the County Commission. (All organizations mentioned in the policy statement would receive a copy of it.) The policy statement will serve as the long range strategic plan for the City. The City Commission and City staff would have to decide how to implement it. Ms. Severson said someone from the community, not just City staff, needs to track all the recommendations. She spoke about the composition of the steering committee which should be appointed by the City Commission. Fifteen people is the optimum number. The steering committee should be a very diverse broad representation from all segments of the community, from both the private and public sector, including neighborhood homeowner associations, small businesses, the religious community, etc. The committee usually holds eight meetings. Each meeting lasts an hour to an hour and a half at the most. The steering committee is responsible for helping FAU select the major agenda areas and the 100 assembly participants. FAU prepares a background paper and after it is reviewed by the committee, the City Commission, and City staff, it is sent to the assembly participants. FAU asks the steering committee to establish an underwrting subcommittee to help defray some of the costs of assembly. Typically, a city or county will 11 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 put in a certain amount and then go to outside funding sources to raise additional money. It takes a minimum of six months to plan. It seemed to Vice Mayor Bradley that the selection of the steering committee is a very critical component. He asked Ms. Severson to expound on the selection process and the composition of that committee. Ms. Severson advised that most of the commissions she works with do not come to a consensus. The last two cities she worked with were great because they had a workshop and they have not been political appointments. She said it is very important to get the right people. You do not need three people from the same neighborhood association. It will not help us and it will ruin the whole process. She said it would be very helpful to her if the commission sits down as a group instead of making individual appointments. She said this is a community-wide consensus building forum and the appointments should not be political. This matter will be placed on the agenda for the workshop which is scheduled for Friday, September 8, at 6:00 p.m. Mayor Taylor thanked Ms. Severson for her time and invited her to the workshop. 2. Proclamation - Joe Delaney .......................................... TABLED This item was dispensed with earlier in the meeting. e Proclamation - Florida Water, Wastewater and Systems Operators Week Mayor Taylor read a proclamation declaring August 14 through 18, 1995 as Florida Water, Wastewater and Systems Operators Week in Florida and urged all residents to join in saluting the contributions of these persons to the improved water and sanitation conditions of our State. e Present Certificate of Appreciation to Derrick Harper, Pro Basketball player for the New York Knicks, for conducting a free summer basketball camp at Hester Center This item was dispensed with earlier in the meeting. 12 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 5. Employee of the Month - July 1995 Mayor Taylor and City Manager Parker honored Doreen Muqaj as the City's Employee of the Month for July 1995 for going above and beyond her regular duties to assist her co-workers throughout the City. Ms. Muqaj thanked all the departments she works with. She said they have been great to work with. Everyone has been very enthusiastic and she knows it has been very difficult for them to change over this last year. Mayor Pro Tem Matson said the City is fortunate to have Ms. Muqaj, who has made it such a pleasure to learn the computer. Mayor Taylor appreciated employees who go the extra mile for us. V. BIDS None. VI. PUBLIC HEARING Attorney Goren swore in those who would be presenting testimony this evening with regard to Items VI and VIII. Project Name: Agent: Owner: Location: Description: McDonald's Amoco Restaurant and Service Station/Convenience Store Robert E. Basehart and Anna Cottrell Basehart & Cottrell, Inc. RFK Enterprises of Boynton Beach, Inc. Southeast corner of Congress Avenue and Woolbright Road Conditional Use.' Request for conditional use approval to construct a 3,431.91 square foot building for a combination gas station/convenience store with drive- through restaurant on a 1.0002 acre lot Elevations were displayed and referred to throughout these presentations. Anna Cottrell, a planner, represented this application. This is an application on behalf of McDonald's and 13 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Amoco for a new type of facility to be located at Woolbright Road and Congress Avenue. It is a facility that combines those two users into one building which will have some cross access between the two portions of the building. It will have a retail gasoline operation in addition to a convenience store and a McDonald's food store. Ms. Cottrell said she reached agreement with staff on virtually all the elements related to the conditional use approval and comes to the City Commmission with a recommendation of approval from the Planning and Development Board. She said there were a couple of issues that she had to work out with the Planning and Development Board regarding the appearance of the buiMing and the intensity of the use. Initially, the application had a request for four pump islands for Amoco and one island to be added in the future. Staff had some concerns with the proposal for the fifth pump island. It would have been her choice to have left that in as part of the application tonight. She would like to bring that back in the future as a site plan modification when she can present evidence of how that will work after this facility is built and operational. The other issue concerned the appearance of the building. The Planning and Development Board suggested that the color of the roof beams be white. She reached a compromise with staff wherein there will be additional roof treatment on the canopy above the pump island that will be similar to the roof treatment on the actual building. Roof beams will be attached. They will be the color of the lightest tile within the mansard barrel tile roof. Ms. Cottrell said the facility will be very pleasing in appearance and will be an enchancement to this particular area. It has two users who are good corporate citizens and are very much interested in meeting the standards that have been established by the City. Ms. Cottrell stated that this facility will also offer an economic benefit to the City. Tambri Heyden, Planning and Zoning Director, said there are 12 standards in the zoning code that have to be evaluated when considering conditional use approvals. With regard to ingress and egress to the site, there is a two-way driveway on Congress Avenue and a two-way driveway on Woolbright Road. There is a median on Woolbright Road which extends beyond the Property line. Therefore, with respect to the pump island, traffic is going to concentrate on Congress Avenue. Upon exiting the site, mostly likely, people will not go out Woolbright Road and make a U-turn. They will cross over the pump islands and exit on Congress Avenue. With the exception of the rear, the access is two way. Using the overhead projector, Ms. Heyden pointed out the location of the drive-through window, the drive-through lane, parking, the pump islands, and the cross access to serve the parcel to the south. This property was subdivided from the hardware store that was razed in 14 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 the rear. The level of service problems that will probably be a concurrency issue will be addressed at the time of widening of Woolbright Road. She pointed out the location of the loading zone. She said it has been improved with the resubmittal. It works well and is acceptable to the Engineering and Public Works Departments. She also pointed out the dumpster location and advised that it works well for the Public Works Department. Utilities are already available to the site and a private lift station is proposed. The applicant will provide the landscape materials that are required by the code, subject to staff comments being met. There will be one freestanding pole sign for the site. The sign will be 20 feet high, which is consistent with the sign code. A Community Design Plan appeal had been requested for lighting along the roofline. That lighting was deleted by the applicant. With regard to general compatibility with adjacent properties, staff made some comments regarding the architecture of the building. Ms. Heyden said the applicant covered some of thOse issues. She advised that the applicant has agreed to add an awning to the canopy similar to the roof that is on the main building. However, staff is still of the opinion that this roof needs to be extended around the entire building so that you do not have a roof of this shape on one portion of the building and a flat roof right next to it. The Community Design Plan requires that all sides of the building that are visible from public and private streets be designed as attractively in appearance as the front of the building. Ms. Heyden believed that in order to be consistent with the Community Design Plan, the roof needs to be extended. The proposed building is single-story and 16.92 feet high, which is consistent with the buildings in the surrounding area. Staff feels there will be no negative effect with regard to the economic effects of the adjacent and nearby properties. The nearest residential property is within 300 feet. There are some multi-family units south of the project. However, the undeveloped portion of the old razed hardware store is in between them. Ms. Heyden advised that the Planning and Development Board unanimously recommended approval of this request, subject to staff comments, with the exception of the extension of the roof. Their recommendation for approval included the deletion of the fifth pump island. They felt that was not a safe location for the fifth pump island because there is a two-way driveway close to this island and there would be activity from the cross access and the drive-through lane and cars would be backing out. Ms. Heyden said the applicant is willing to delete that pump island. 15 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Ms. Heyden met with the applicant today and an agreement was reached with regard to the beams. They were originally proposed to be blue and lighted. The lighting is being removed and the color will be a light beige or the color of the lightest tile on the roof. Ms. Cottrell stated that the roof treatment on the canopy has been added in keeping with the Community Design Standards and the desires of the Planning and Development Board. This was a compromise from the design standards presented by Amoco because it is not typical of their design. Many compromises were made in the standard corporate architecture for both Amoco and McDonald!s to create a facility that works for each but still maintains some of their identity. She did not feel there would be a pleasing appearance if the mansard roof was extended around the entire building. She felt it would look bulky and have very little visual contrast because of the height of the building and the size of the canopy. The west elevation would be almost obscured by the canopy when you look at it straight on. The extension of the roof around the entire building is costly, does not serve any architectural purpose, will create an appearance that is not going to be pleasing, and is going to be a radical department from the architecture McDonald's and Amoco have established. Typically, it is extended over the take- out windows and order windows to provide some protection from the elements so that customers can reach out of their cars and not get wet. It provides some protection over each of the doorways. Ms. Heyden said flat roofs are not attractive. There are other ways to make a building more attractive and compatible with the residential character of the adjacent properties. The building would be too large a mass if the roof is extended all the way around the building. The beams have been allowed to break up the mass of the building. Ms. Cottrell believed that the architecture that has been presented meets both the letter and the intent of the Community Design Plan. There is no inconsistency and she is not seeking variances or relief from any provision of the Design Plan. Clark Richmond represented McDonald's and Amoco corporations. He stated that the mansard roof is a typical detail of McDonald's. This is a brand new concept and a brand new prototype building. The architects have designed the building to provide a pleasing effect and be commensurate with the architecture within the vicinity. The flat roof is totally hidden by a parapet wall which is a continuation of the mansard. The air conditioning equipment and ice condensing machines are totally hidden behind the parapet wall. The parapet wall is a continuation and no bystander on the ground will see a flat roof. The parapet wall is behind 16 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 the mansard roof and extends about four feet above the roofline. Therefore, the equipment is hidden from view and the building does not give an appearance of a flat roof. Ms. Heyden said "flat roof" technically is the wrong terminology. She explained that it is not a flat roof. There is no peak or roof on it. It is just a parapet. She said the elevation does not show a realistic view. City Manager Parker said she received a call this afternoon advising her that there was a problem with the size of the drive-through sign. This was not covered in staff comments nor was staff aware of it. She asked Ms. Cottrell if she has a problem with the size of the drive-in window sign where the menu board is located. Ms. Cottrell said she and the applicants met with the Building Official and one of his assistants this afternoon and went over the calculations for the required signage (wall signage, menu boards, and the pole sign). The applicants have to make some adjustments and understand they will have to come into compliance with the code in all respects or seek a variance. They anticipate that the wall signage will be reduced to comply with the code. The only problem they have is with the size of the menu board because McDonald's does not have a manufacturer that can make a menu board only 25 square feet in size. McDonald's will make a decision whether to seek a variance or engineer a new cabinet, which is a very expensive and time consuming process. However, everything else will be consistent with the code. Ms. Heyden said the applicants would have to seek this variance through the Board of Adjustment and the applicant is only allowed a certain percentage above and beyond the size permitted by code. Mayor Pro Tem Matson asked if the other two McDonald's in the City have the same prOblem. Ms. Cottrell said they have standard McDonald's size signs. She said they were built prior to the time the sign code was changed. Mr. Richmond will try to reduce the cabinet size to coincide with the wishes of the Board. He was willing to put up a temporary menu restricting the number of items available until the code can be complied with. Barbara Grisdale, 2400 S.W. 19th Avenue, #135, said her unit faces the garbage dump, the menu, and the drive-through. She asked if landscaping can be added so she does not have to see these things. She also expressed concern that the walk-in customers will litter the area and that crime, drugs, and prostitution will increase. Bruce Dunkoff, 2400 S.W. 19th Avenue, #139, said his back door also faces these things. 17 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Joan Wilson, 2400 S.W. 19th Avenue, #134, said there used to be an ordinance that stated that gas stations could not be within 1,000 feet of each other. Also, she pointed out that Leisureville is located in this area and she did not think many senior citizens would frequqent McDonald's. She suggested putting McDonald's in a family-oriented area rather than a retirement community. Ms. Cottrell advised that the closest residence to this project is more than 350 feet away. The plan meets or exceeds all code requirements, including landscaping. There will be a perimeter landscape buffer. The proposed buffering, the spacious separation, and the fact that cars will be entering and exiting the site only on arterial roads (there is no access to local streets) provides the protection that the code intends for residential areas. This has been a commercially zoned piece of property for a very long time. She was not aware that it was ever not zoned commerical. This development plan meets the locational criteria for gas stations. Actually, it will supersede the previous approval that is still in effect for a gasoline station. She felt that visually and in terms of impact, it is an improvement over the previously approved plan. Commissioner Jaskiewicz asked if there is any possibility of relieving the residents' concerns by putting a wall and landscaping on the south side. She stated that a precast concrete wall is inexpensive compared to a cinderblock wall. Ms. Cottrell said you get more negative affects than positive effects with those types of structures. They become magnets for graffiti and reduce the air flow and the visual connection with other commercial development that may go next door. She reiterated that the spacious separation and proposed landscaping is going to provide the buffering the residents need. City Manager Parker pointed out that there is another parcel between this parcel and the residential development. Ms. Heyden concurred that there is the remainder of the hardware store parcel and another parcel before you get to the villa project. A wall will have to be constructed by whoever develops this parcel. Commissioner Jaskiewicz felt the landscaping should be dense enough to shield the view until something goes in there. She asked what type of landscaping will be used. Ms. Cottrell advised that Laurel Oak and Live Oak trees will be used, as well as some ornamentals and Silver Buttonwood. Primarily, the hedge material consists of Wax Mertle which, if allowed to grow, presents a fairly dense hedge. This is within a ten foot landscape strip. Also in response to Commissioner Jaskiewicz, Ms. Cottrell advised that there will be a sidewalk along Congress Avenue and Woolbright Road, but not along the back. 18 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Commissioner Jaskiewicz said at the Planning and Development Board, there was a suggestion about moving the driveway. She asked if the new plans accommodate this suggestion. Ms. Cottrell said the driveways are being moved in either direction as far as possible. There is a minimum separation on both the south and east sides. Therefore, the driveways are at the maximums and the minimums that staff had recommended. Commissioner Jaskiewicz asked if they are wide enough to enter and exit from Congress Avenue. Ms. Cottrell answered affirmatively. Commissioner Jaskiewicz thought the roofline on the station was lower. She asked if the mansard roof continues along any part of the station other than over the pumps so you get the appearance of an unbroken line of the mansard. Ms. Cottrell and Mr. Richmond answered affirmatively. Mayor Taylor pointed out that the applicant contends it will look like it continues. However, staff does not believe it will look that way, depending on what angle you are looking at it. Commissioner Jaskiewicz asked Ms. Heyden if the angle that disturbs her the most is to the rear. Ms. Heyden said the elevation the applicants referred to is the west elevation (Congress Avenue). That is the side of the building where the pump islands are loCated. If you were to look from the south driving north on Congress Avenue, or if you were driving on Woolbright Road, you are going to see the building, not the pump island, and whatever portion of the building does not have the roof extended around it. Mayor Taylor said if you are on Woolbright Road and look at McDonald's (the side that has the entire roof), your eye will be drawn to the roof and you would have to look past the roof to see the parapet. If you are far enough east of it, you could see that the roof ends somewhere along the east side. However, if you are looking dead onto it, it looks like it is an entire building with a roof. Commissioner Rosen said from where he comes from, you will see an empty space. Mayor Pro Tem Matson said she has never gone somewhere to get something to eat or fill up her car with gas and made a point of looking at the mansard to see if it continues all the way around to the back of the building. Ms. Heyden referred to the south side that you see while driving north on Congress Avenue, and was of the opinion that looks like the rear of a building. Commissioner Rosen said all the other McDonald's are completely mansard roofed and he would hate to see the mansard roof not continued on Congress Avenue. He said it looks like an extension of the men's and ladies' room. Mayor Pro Tem Matson pointed out that there is 19 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 going to be another project between that roof and where he is coming from, so he will not see that anyway. Commissioner Rosen believes the code calls for a full view on the major highway of the rooftop. to Vice Mayor Bradley was pleased that the fifth island is being deleted because it seems like a traffic jam potential. He understands McDonald's need for a corporate image. He thinks part of the problem is if you wrap the mansard roof all the way around the pump islands, it will look strange. He thinks staff is concerned that there be some way to give the roof over the pumps a little more depth. Ms. Cottrell said that was a compromise reached at the recommendation of the Planning and Development Board. It is an added feature that was initially proposed as a typical wraparound metal facade with the Amoco colors and the addition of the mansard roof treatment around all four sides of the canopy. The addition of the roof is not just a matter of maintaining some corporate identity. It is also important architecturally. She felt uniformity is not always best and, in fact, can deflect from any architectural interest. She pointed out that there is no established characteristic or typical building appearance in that area. She did not feel that the portion of the roof that is in question is one that is going to add anything to the appearance of the building and, in fact, will detract from it because of the uniformity of it. ' The extension of the parapet wall above the roofline has a color accent on it that brings a little more architectural interest. The cost is an issue as well. Mr. Richmond added that in 1994, he did not build any buildings in South Florida with a continuous parapet roof. The building style has changed over the years and this is a brand new prototype joint venture between McDonald's and Amoco and he would like to build the first one in South Florida in the City of Boynton Beach. Commissioner Rosen found it unusual that we call uniformity unattractive. He stated that besides traffic flow, there is a design problem. He said there would be a bare wall on three sides and he did not think this would be attractive. Vice Mayor Bradley asked about the demographics pertaining to McDonald's in retirement communities. Mr. Richmond advised that McDonald's caters to senior citizens and offers certain discounts. McDonald's is a family-oriented business which includes senior citizens. In addition, McDonald's trys to employ senior citizens and the younger generation. Mayor Pro Tem Matson pointed out that every morning many of the senior citizens from Sterling Village and Colonial Club gather at the McDonald's on Federal Highway for breakfast. 20 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Taylor asked who has the overall authority if there is a problem. Mr. Richmond stated that Amoco will be purchasing the property and McDonald's will be leasing from them. Mayor Taylor felt the citizens' concerns about the view will dissipate when the landscape goes in. In addition, a large parcel separates them from this project. With regard to the comment about walk-in customers throwing trash on the ground, Mayor Taylor stated that most of the McDonald's he has been to maintain their facilities quite well. He was completely against the fifth pump. With regard to the roof, he thinks this is a unique design where we are combining two different establishments. The pumps seem to be lined up right and the people will probably be exiting on Congress Avenue. He thinks it will work. Commissioner Rosen felt we are taking something that was developed for the beautification of the City and tearing it apart. He felt we should be consistent. He said this is a serious problem of inconsistency. Mayor Taylor did not see any inconsistency. He said McDonald's is covering their roof with what they always do and the other portion of the business is a parapet wall. He said beauty is in the eye of the beholder. He did not have a problem with the parapet wall. He thinks it can be done correctly. Vice Mayor Bradley asked how this McDonald's compares with the traditional McDonald's in terms of seating and size. Mr. Richmond said it is slightly smaller. There are approximately 50 seats. Some of the other McDonald's have as many as 70 to 100 seats. Commissioner Rosen stated that hopefully the patrons will enter from Congress Avenue, go around to the menu window and then exit the site onto Woolbright. However, if they want to continue on Congress Avenue, there is a good possibility they might try a shortcut by going around the gas pumps and out. He asked what the distance is between the gas pumps and the west hegde. Ms. Cottrell said the distance between the back of the curb protecting the landscaping and the fuel pump is 35'4". Commissioner Rosen felt this is tight. He asked about the possibility of having an egress for Woolbright Road to avoid cars turning around. He stated that the parking for McDonald's is on the left side, so cars might back up there trying to get onto Congress Avenue. Ms. Cottrell stated that because there are two different users that may have different peak hours, she wanted to make sure that the traffic circulation worked. She advised that the driveway isles meet or exceed the code requirements in all respects. She felt there was a logical traffic flow through the site and that there are very few areas within the site where there is any potential vehicular conflict. In addition, they have 21 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 been minimized to the maximum extent possible. There is at least 30 feet between the rear end of a car at a normal fueling position and the landscape island. Therefore, there is a lot of room to maneuver around. There is no place within the site where there will be problems with through traffic and backing up motions. Commissioner Rosen asked if this project will precede the extension on the building of the three lanes on Woolbright Road. Mr. Richmond answered affirmatively. He said he spoke to Harvey Lopez of Palm Beach County and we are about a 30 day window ahead of them. They are starting the east end of the project first, so we will complete construction prior to them reaching our part of their project. Motion Mayor Pro Tem Matson moved to approve the McDonald's/Amoco Restaurant and Service Station/Convenience Store on Congress Avenue and Woolbright Road subject to staff comments and recommendations, but deleting comment number 11 which is the accent band and top band shown on the roof. Vice Mayor Bradley seconded the motion which carried 4-1. Commissioner Rosen cast the dissenting vote. Bo Project Name: Agent: Owner: Location: Description: 2000 S.W. Golf Lane Deborah L. Bizzarro Mullen & Bizzarro, PA Mary Miller, Trustee of the Louis G. Schnitzer Trust 2000 S.W. Golf Lane Abandonment: Request for abandonment of a portion of a five (5) foot wide utility easement The agent for this project was not present. Ms. Heyden advised that this is a request to abandon a portion of a utility easement. The existing home encroaches the easement. Only one comment was received, and it was from Southern Bell. However, it is not a comment that needs to be addressed. Therefore, on the agenda there is a resolution to finalize the approval of this abandonment. Vice Mayor Bradley asked if we are likely to see more of these. Ms. Heyden said, "No." She advised that this is just a unique case in this area. 22 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 No one else wished to speak on this matter. Motion Commissioner Jaskiewicz moved to approve subject to staff comments. Vice Mayor Bradley seconded the motion which carried 5-0. Co Project Name: Agent: Owner: Location: Description: Lots 32 and 33, Arden Park Subdivision Vincent A. Maffucci Nicholas L. Cucci West of N.E. 3rd Street between lots 32 and 33, Arden Park Subdivision Abandonment: Request for abandonment of a ten (10) foot wide alley located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision The agent for this project was not present. Ms. Heyden stated that this alley is unimproved. The existing home encumbers the alley. The home was built in 1929 and staff just discovered it because it is for sale. In order to clear the title, this issue needs to be resolved. One comment was received from Comcast. However, when staff went out to check this comment, it did not appear that there are overhead facilities. Therefore, this will have to be resolved before a resolution is prepared. Staff recommended approval subject to staff comments. No one else wished to speak on this matter. Motion Mayor Pro Tem Matson moved to approve the abandonment of the ten foot wide alley located west of N.E. 3rd Street between lots 32 and 33 of the Arden Park Subdivision, subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried 5-0. VII. PUBLIC AUDIENCE Harry Stein, 760 E. Ocean Avenue, said he was authorized to speak before the Commission this evening by the Board of Directors of Coastal Towers. He requested Mayor Taylor not to 23 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 impose a time limit on his presentation because this is important to Coastal Towers and the entire City. He said a time limit would be unjust and unfair. He pointed out that the time limit on many occasions was not enforced. Mayor Taylor asked him to do the best he can within the time limit. Mr. Stein stated that to impose a time limit on him would be selective enforcement, very unfair and perhaps illegal. He said he was in possession of a copy of Ann Ford's application for the position of Downtown Redevelopment Coordinator. He said it is not a resume, is not dated, and does not contain anything about her educational background or which law school she graduated from. He felt these were important matters for the Commission to find out before hiring her. City Manager Parker advised that two years ago when she was Assistant City Manager, she checked Ms. Ford's reference with the Florida Bar and confirmed that Ms. Ford was admitted to practice in the Florida Bar and had no Bar complaints against her. City Manager Parker said she informed Mr. Stein of this last week. Mayor Taylor stated that he has worked very closely with Ms. Ford and she does an exceptional job. No one else wishing to speak, Mayor Taylor closed the Public Audience and declared a recess at 8:40 p.m. The meeting resumed at 8:50 p.m. At this time, City Manager Parker introduced Beth Bailey, the new Public Information Officer. She stated that Ms. Bailey was formerly Public Affairs Director for the Sarasota Bay National Estuary Program, Public Information Officer for the Sarasota County government, and a reporter and editor with the Sarasota Times. She welcomed Ms. Bailey to Boynton Beach. VIII. DEVELOPMENT PLANS At the request of Mayor Taylor, Attorney Goren swore in those who were not present earlier. A. Project Name: Papa Johns ............................................ TABLED APPLLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 5, 1995 Agent: Inerplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard 24 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Description: Landscape Appeal: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars Ms. Heyden stated that the applicant requested that this item, and Item VIII.B, be tabled until September 19. Motion Mayor Pro Tem Matson moved to table Items VIII.A and VIII.B until the September 19, 1995 meeting. Vice Mayor Bradley seconded the motion which carried 5-0. B. Project Name: Papa Johns ............................................. TABLED APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 5, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: New Site Plan: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres This item was tabled until September 19. (See motion made under Item VIII.A.) Co Project Name: Agent: Location: Description: Knuth Road PCD ..................................... TABLED Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Motion Mayor Pro Tem Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried 5-0. 25 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mr. Kilday reviewed the events that took place in 1989, 1990, and 1992 relating to the approvals and amendments on this site. He stated that in 1992, the 1990 plan was amended because the applicant had a letter of intent to construct a service station on this parcel. The new service station regulations were being considered at that time, but were not yet adopted. When the applicant came before the City recently, an extension was approved without a service station because the rules have changed since 1992 and the service station failed one of the three new criteria contained in the ordinance. That criteria was that the roads needed to be four laned or better. Ms. Heyden advised that when this project was rezoned in 1990, service stations required a 1,000 foot separation from other service stations and from residential properties. In 1992, we did away with the 1,000 foot requirement. In its place, we came up with different locational criteria with these goals in mind: (1) to increase safety; (2) to limit the number Of service stations in Boynton Beach; and (3) to minimize stations that could close and remain vacant for several years because service stations are a hard use to convert into something else. Ms. Heyden reviewed the current criteria. She felt this service station should not be permitted because the intent was to prevent overbuilding of service stations, and it is difficult to convert an existing service station into another use once it closes. She felt we need to lOok out for the needs of the entire community and not focus on just the issues of this particular localized service station. Carol Crowel, 1818 Banyan Creek Circle, said she represents an important number of residents in her community who are livid about the possibility of a gas station at their entrance. They are frightened for their children, their health, and property valt[es. Ms. Crowel was concerned with heavy car and truck traffic throughout the day and into the night. She said the noise and gasoline fumes will not be sheltered by a 6 foot wall, a 20 foot wall, or any amount of landscaping. She was concerned with security because of all the inight traffic generated by a gas station and a convenience store. She stated that a City Ordinance prohibits gas stations unless built on intersecting four lane highways and wondered why ~ny commissioner would vote for this exception. Malcolm Sullivan lives in Quail Ridge. He is former President of the Property IOwners' Association and currently a member of the Board. On behalf of his Board, he ~poke against this project. His development is adjacent to the subject property. He was co.nc~rned about how Boynton Beach Boulevard is developed. He stated that putting a gas statio¢ or any intensive commercial development on Boynton Beach Boulevard beyond what exists today belies the many efforts to beautify Boynton Beach Boulevard. He felt there is no need for this 26 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 service station because there are three service stations less than one half mile east of this site. Furthermore, this is not a major intersection. He pointed out that the Comprehensive Land Use Plan was amended to limit service stations and that approval of this project can only be viewed as breaking the rules. * Eugene, the President of COBWRA, was present to support Quail Ridge in their petition to the Commission not to approve this service station. He echoed Mr. Sullivan's reasons, including not needing additional service stations, and his concern about aesthetics. Roger Bennett, President of Stonehaven Homeowners' Association, stated that even if the service station was not erected, a wall would be constructed sooner or later when the road is constructed. He was not willing to gamble four to six years to have the western flank opened up to Knuth Road. He said Knuth Road is going to become a major artery to the back side of the mall. He could not see a major oil company willing to spend the money to put a service station there only to close it down. His community consists of 166 homes. He was able to contact 119 homeowners and was in possession of a Petition signed by 115 of them (better than three quarters of the community). His community stands behind this project. He said this project will benefit everyone. He pointed out that the people opposed to this project do not live in the City limits. He also pointed out that they have a six foot fence with barbed wire on top of it and a golf course next to their property. Stonehaven does not have this protection. Robert Campbell, 1820 Banyan Creek Circle, the Secretary of the Board of Directors of Stonehaven, spoke in support of this project. He did not think a gas station poses any safety threat to his lifestyle or community. What poses a threat is the way the current intersection is constructed. There is already enough traffic there. He talked with a number of his colleagues and a number of community residents and all of them do not see this having any impact except for a good, solid impact on their community. He said the proposed service station and convenience store would be a convenience to his community. Steve Crowel, 1818 Banyan Creek Circle North, stated that the back of his yard runs against Boynton Beach Boulevard. The west side' of his property runs against the Gallo Insurance Company. The proposed wall would not assist him at all. He will probably be the closest piece of property to this development. His property has been broken into twice, so the proposed wall is not going to do a lot for him in terms of security. He said no one bothered to stop at his house with the petition that was being circulated. He had. contact with several other people in his development who are just as negative about this as he is. He stated that another gas station is not needed. He felt the proposed gas station/convenience store is going to 27 * Eugene Sokoloff MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 disrupt the neighborhood because of the hours of operation and the clientele. He reiterated that his family is the closest to this property and would be affected by this more than anyone else. He did not think this would be a benefit to him. Jacqueline Brady, Banyan Creek Circle North, was in favor of the gas station and the wall. She felt they would provide a safety barrier for the children. George Meyerson, 1744 Banyan Creek Court, spoke in favor of this project. He felt the widening of Knuth Road and a gate will be a benefit. He advised that meetings were held to discuss this proposal, and everyone who attended voted in favor of it. Stonehaven Boulevard is a thoroughfare from the rental homes to Knuth Road as a shortcut from Congress Avenue to Boynton Beach Boulevard. It is a speedway and no speed bumps are allowed. The gates will stop the horrendous traffic. He pointed out that Quail Ridge is on County property and they have a fence with barb wire. His development has break-ins but no protection. Since the majority of the people voted in favor of the gas station, he requested the Commission's approval of this project. Robert Cockey, 1802 Banyan Creek Circle North, stated that his family is in support of the gas station and the wall. He said $35,000 was put in escrow for gates in the future. The wall is to be built in conjunction with the construction of the gas station. It is commercial property and the owner has a right to develop it as he can. When and if a shopping center goes in, with the way people speed through his development, there will be a bad accident. Without a buffer wall, a car could crash into someone's home because it is so close to the road. Homes have been broken into his community. He was in favor of the gas station and the wall for protection from the road, traffic and noise. Pat Ness, 1703 Banyan Creek Court, has resided in this community for about eight years and advised that a vehicle was stolen from his property. He said there isn't too much more than a filling station that can be put on this property. He felt the service station and the wall will increase the tax base. Rick Duval, 1830 Banyan Creek, was is favor of the wall and the service station. He stated that his development does not have any protection. If the road goes through, traffic will increase. He said there is a common ground area adjacent to his property and Knuth Road where the children play. The only thing that protects the children is a berm, and people come through their at great speeds. 28 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Don Brookler, General Manager at Quail Ridge, stated that the wall is not the issue. He said it is the gas station that is the issue because it was not part of the original project. Nick Sielecki, 1768 Banyan Creek Circle North, asked the Commission to approve this project because the wall will create safety for the children and act as a sound barrier when Knuth Road is extended. A resident of 1809 Stonehaven Drive was in favor of the service station in order to get the wall for protection from Knuth Road. He pointed out that with this project, the City will get Knuth Road built. Stuart Miller, 1730 Banyan Creek Court, was one of the people who went around getting the petition signed. He said they did not stop at the homes of renters or people who have their homes for sale. Those are the people who are against this proposal. He advised that there is a tremendous amount of children on Edge Water Drive. On the other side of Edge Water Drive there is about seven or eight feet. A major throughway is going to be built there and will create a serious problem with traffic, noise, and pollution. He expressed concern about the children's safety. He was in favor of the wall for protection. He said the people from Quail Ridge have protection. Virginia Dorbecker, 1707 Banyan Creek Court, spoke in favor of this project. She wanted a stop light at the corner of Knuth Road and Banyan Creek. If it means putting in a filling station to get a stop light, she was in favor of it. No one else wishing to speak on this project, Mayor Taylor closed the Public Audience. Commissioner Jaskiewicz said she received calls from all over the City. She shared the people's concerns for safety. However, she did not feel she could abrogate her responsibility and go against an ordinance that she did not feel would benefit all of the City. She stated that there already are seven gas stations on Boynton Beach Boulevard, excluding the one being proposed. She has been interested in improving Boynton Beach Boulevard. She did not feel this is an improvement. She did not think Knuth Road will ever resemble Congress Avenue. Whatever is built there, Knuth Road will have to be expanded by whomever is doing the building. She said everyone in the City is impacted when we go against all the policies that we put in place to make Boynton Beach a better place. 29 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Taylor will continue to support trying to make the City look good. He said there are a couple of gas stations in town that are probably the best landscaped of any commercial property around. He did not think it should be a question of whether or not another gas station is needed. He pointed out major companies do major research to find out whether or not they can make money at a certain endeavor. He said two of the three criteria in the ordinance were met. However, he felt this project preceded the ordinance and felt the safety of the community outweighs that. Commissioner Rosen stated that we have a relationship with COBWRA. We have a common interest in the entire area. He sat in on charrettes to bring this City to the twenieth century. He said some people could not care less about a gas station. They just want a wall. He felt strongly about the ordinances designed to make this a better City. Mayor Pro Tem Matson was on the Community Appearance Board when this project came through in 1990 and she was totally against' it at that time. When the developer was going to put the gas station at the comer of Congress Avenue and Hypoluxo Road where she lives, the residents were extremely upset. The gas station is now there and is it less than 250 feet from the homes. There are no fumes, noise, or increase in crime because of the convenience store. In fact, property values have risen since that shopping center and gas station have been built, They have been good neighbors, and the quality of life of the residents has not deteriorated. She hopes this allays some of Mrs. Crowel's fears. She said she visited Stonehaven and Banyan Creek and saw the children playing in the street. She was concerned about the safety and quality of life of the residents there. She felt very strongly that this gas station, which will come with the buffering, the wall, and the gates to protect the community, is in the best interests of the residents around it. She said she received a few phone calls from people who do not live in the area or the City limits. She respects their rights; however, she said this is going to impact the people who live in Stonehaven and Banyan Creek. She stated that these people moved to Boynton Beach for a better quality of life. To disregard the residents who put her in office and be swayed by people who do not live in the City is something she cannot do in all good consciousness. She believed this project would help the residents more than hinder them. Vice Mayor Bradley received 31 calls over the last couple of days. Three of those calls were in opposition to this project. The remainder were in favor of it. He pointed out that there are consequences in trying to keep a developer from developing. He said some homeowners are going to be more directly impacted by this gas station. He hoped something could be worked out between the developers and the homeowners' association. If this project is approved, he 30 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 felt a traffic signal is in order to increase safety. In addition, he would like the developer to consider the hours of the gas station and convenience store. He felt the likelihood of crime would be reduced dramatically if there were a midnight, 1:00 a.m., or 2:00 p.m. closing time. Commissioner Rosen said two weeks ago when he asked what was going to be done about the next request, the answer was, "Okay on this one; but no more." This was not his kind of idealism. Vice Mayor Bradley stated that in 1992, the Commission directed that service stations would only appear on major intersections. He felt this was a good idea; however, he felt ordinances are put in place to accomplish a greater goal than just to have rules. He felt we need to make an exception because of the circumstances in this situation. Mayor Pro Tem Matson said she was one of the Commissioners who worked on the 1992 ordinance and when it was being drawn up, this project was already in the loop as one of the existing gas stations. Therefore, this really is not an exception because this was already considered as an approved gas station. Commissioner Jaskiewicz said it was in the loop; however, the developer permitted it to expire. Otherwise, we would not be in this situation this evening. MOtion Mayor Pro Tem Matson moved to approve the 18 month retroactive plus 24 month time extenion for zoning and master plan approval with County phasing as it relates to traffic concurrency, allowing the service station constructed under current code requirements. Vice Mayor Bradley seconded the motion. The motion carried 3-2. Commissioners Jaskiewicz and Rosen cast the dissenting votes. Project Name: Agent: Owner: Location: Description: LoDolce Warehouse George C. Davis, Architect Charles J. LoDolce Lot 10, Lawson Industrial Park (S.W. 14th Place) New Site Plan: Request for site plan approval to construct two warehouse buildings totalling 12,000 square feet on a .97 acre lot 31 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 At this time, Mayor Pro Tem Matson left the Chambers. Mr. Davis advised that he read staff comments and can comply with them. He had nothing more to add to the information that is before the Commission. Ms. Heyden advised that this is a new warehouse building storage facility located in an industrial area in a preplanned industrial subdivision. There are no problems with neighbors or adjacent uses and it is compatible. It is zoned M-1. The Planning and Development Board unanimously recommended approval subject to staff comments. No one in the audience wished to speak on this item. Motion Commissioner Jaskiewicz moved to accept LoDolce Warehouse subject to staff recommendations. Vice Mayor Bradley seconded the motion which carried 4-0. Tem Matson had not yet returned. Mayor Pro Ee Nautica Sound, formerly known as Knollwood Groves PUD - Master Plan determination of substantial or non-substantial change Kieran Kilday represented GL Homes. GL Homes is developing Nautica. He explained that GL Homes purchased a project which the City previously approved. They modified that project by using zero lot line and Z lot homes. The original project (the Boynton Nursery PUD) had been approved as a mixture of zero lot line homes and multi-family. At this point in the meeting, Mayor Pro Tem Matson returned. Mr. Kilday displayed an aerial and pointed out the location and surrounding areas of this project. He stated that a portion of the site abuts Hypoluxo Road and the other portion will be constructed on Lawrence Road. He displayed several elevations to aid in his presentation. He displayed the plan currently approved for Knollwood Groves. It contains 539 units. Meadows Boulevard is a loop road; however, the City required that an extension be constructed to someday tie into this project. Additionally, in this master plan, there was an east/west road running on the property line. There was a requirement for the dedication of a five acre park site which has been dedicated to the City. That was to be combined with the four acre park site that the Meadows has already dedicated to make a nine acre community park. In addition 32 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 to dedicating the park, there was a requirement for the payment of impact fees in the amount of $108,00 upfront. The original approval depended on a privately owned and operated day care center. The mixture of units in the original approval was primarily multi-family with 389 multi-family units and 150 single-family, zero lot line units. Mr. Kilday displayed the master plan that is now being proposed. All multi-family units were removed. This will be a 100 percent single-family project and will be entirely a sales project. There are 434 units. Five acres are still being dedicated for a park. The private day care center was replaced by lake area. A three acre private recreation tract was added to the site to service the community. In the initial submittal to the City, there was only one point of access which was off of Lawrence Road. Mr. Kilday indicated his intent to continue to build the Meadows Boulevard extension which provides, besides Miner Road, another east/west alternative to Congress Avenue, as well as a way to connect with the Meadows Shopping Center through the back road system. The Fire Marshal was concerned about access to the site having only the one entrance off of Lawrence Road. Therefore, the plan was modified and an additional access point was added on Meadows Boulevard. By providing this secondary access, the entire project is linked together. He did not connect the project out onto Hypoluxo Road. He felt that in terms of the potential for residents travelling east, that in using the collector roads which were intended for collector use through Meadows, is the appropriate way to go. Hypoluxo Road is envisioned as a major highway. The new approval is a reduction of intensity over what is approved on the site. Because of the change in circulation, he had to submit additional data to the County Engineer. A letter was given to the City this affternoon saying that this project meets all County-wide traffic performance standards. Mr. Kilday had problems with some of staff's conditions. He said this project was originally two-thirds multi-family and one-third zero lot line. The new plan is for all single-family. Staff recommended that every lot be 6,000 square feet in size and a minimum of 60 foot frontage. If he were to do this, this project would have to be built with multi-family. To meet those standards, you would end up with a grid type design that would result in additional loss of units and many of the amenities. There is a range of lot sizes throughout the community. The net size of the lots is 6,100 square feet per lot when averaged out together, exclusive of right-of-ways, recreation, and lakes. The same rights-of-way that were in Nautica have been maintained, with the same type of curbing on the side of the asphalt. The sidewalk runs down one side. The separation between 33 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 garages is 80 feet. Mr. Kilday said this product is being built in Coral Gables and Pembroke Pines and is being written up in the September issue of Builders Magazine. Alan Fant, Vice President of GL Homes, reiterated the commitment he made a year ago when he sought approvals at the Nautica stage. He said GL Homes is committed to develop and build a first class development. He has 160 purchasers to date at an average price of $130,000. The average household income of the purchasers is $59,000. Thirty-two percent of the purchasers are from Boynton Beach. Twenty-one percent are from out of the state, and 8 Percent of them are relocating from Boca Raton. The bus stop will be a covered pavilion to shield the children when it is raining. There will also be seven parking spaces for parents to watch the children get onto the bus, a bike rack, and an 8 foot bike path for children who want to i ride their bikes to the bus stop. There will be two guard gates (the main entry guard gate and a secondary guard gate off of Meadows Boulevard as a result of discussions with the Fire Department). Paver brick highlights the entry. He is considering raising the entry road so that when you view the entry you will look over the rotunda and recreation site and into the backdrop of the lake. There will be a first class clubhouse with an exercise room, a pool, a tennis court, a playground, and a basketball court. Seventeen and a half acres of lake have been provided. Several cul-de-sacs are being offered in response to the buyers. There will be 246 of the larger product and 188 of the smaller product. Many of the larger lots are 125 to 140 foot in depth. Some lots are as deep as 170 feet as opposed to the standard 100 foot depth. He is trying to get all different kinds of depths and all different kinds of lots for all different kinds of people. Ms. Heyden summarized the following changes: Omit a road onto Hypoluxo Road. This was the public road that was planned along the east property boundary that was to connect to Hypoluxo Road. From this there were to be two access points. The third access point to the project was to be off of Meadows Boulevard which was always intended to be a requirement to provide. On the proposed master plan, there are only two access points; one off of Lawrence Road and one off of Meadows Boulevard. Type of units and lot size - reduction from 150 single-family, detached units on 6,000 square foot lots and 389 multi-family units to 246 zero lot line units on 5,000 square foot lots and 188 Z lot line units on 4,000 square foot lots. Reduce the lot width from 60 feet to 50 feet for the zero lot line units and from 60 feet to 40 feet for the Z lot units. Reduce the front setback from 20 feet to 15 feet; the side setback on the interior lots 34 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 from 15 feet to 10 feet; and the rear setback from 15 feet to 10 feet on lots that do not back to one another. Elimination of the day care center. In April 1994, the City Commission approved a resolution which entered the City and Meadows Groves into an agreement to accept payment of $108,000 to contribute toward the extension of Miner Road. This, in conjunction with the applicant already having dedicated the five acre park site, vests the project for approval of the units. Ms. Heyden stated that the change with respect to Hypoluxo Road significantly redistributes the traffic of the project. Today she received a fax from Palm Beach County indicating that this project will meet concurrency. However, it is the intent of the Comprehensive Plan and subdivision regulations to connect streets in a project with the existing street system. Therefore, it is wise to connect wherever possible to major thoroughfares or major streets that abut the project. She believes one of the reasons that the applicant does not want to provide the Hypoluxo Road entrance is because there is a canal there and it would require a canal crossing. It also would require one more entrance that would have to be gated to provide the secured community that they have in mind. One of the advantages from a public safety standpoint is that it would provide another access point to the project. She said the Police and Fire Departments tried to work with the applicant regarding public safety, but they admit that this will increase response time. The Hypoluxo Road connection also provides an alternative access route in the event that there is an accident at this intersection. With regard to the change in lot size, unit type and lot width and setbacks, the PUD proposals within the City have included smaller and smaller lots with larger homes and increased lot coverage. We have problems with zero lots. It is difficult for emergency personnel to get between the buildings. The streets are small. It is difficult to park larger vehicles in those streets and maneuver equipment within tight openings between the buildings. In addition, when you have smaller lot sizes, you have less open space between the buildings and you have less area for children to play. This forces the children out onto the street. Also when you have smaller lot sizes, parking becomes a problem. Some of the units that are proposed have a one-car garage. Usually these units do not have a lot of storage space inside and garages tend to become storage areas and the cars are parked in the driveway. Typically families have more than two vehicles and end up parking on the street, making it difficult for emergency vehicles to pass. With regard to lot width and building separation, the Fire Department indicated that a 15 foot building separation is needed rather than the proposed 10 feet. 35 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Ms. Heyden visited this project and learned from the salespeople and the brochures that the 4,000 square foot lots run from $96,000 to $122,000. She said she was told that for a $96,000 home, the income needed to qualify was $40,000 a year. She brought this up because we recently had a commission workshop regarding economic development, PUDs and how the PUD ordinance has failed us. The intent of the PUD ordinance was to encourage mixtures of housing choices and open area. However, our PUD ordinance does not really have any open area requirements and it really has not done anything to help us diversify our housing stock. Along Lawrence Road we are seeing a concentration of lot sizes in the neighborhood of 5,500 and now 4,000 square feet with the Nautica Sound project. We are taking our cues from that workshop where we had discussed a minimum of 6,000 square foot lot sizes, which was the original lot size for this project. Ms. Heyden pointed out that there is a connection between lot size and economic development. Staff did not object to the elimination of the day care center. They are encouraged in PUDs but not required. With respect to utility design, there was a comment regarding the lift station location. The Utility Department requested that is be relocated. Another issue the Utilities Department brought up is that because of the cul-de-sac layout and the small lot sizes, the utility design has to be designed for double barreled piping. Once the utility system is constructed and turned over to the City, that requires more money to appropriate to maintain because there is twice as much piping. With regard to the fiscal impact, a switch from multi-family to single-family is an improvement. However, when you compare the original proposal of the assessed value of 389 multi-family units to 188 Z lot line units, there is a difference of $16,400,000 assessed value for the multi-family units and $12,000,000 assessed value for 188 Z lot line units. In addition, it will cost more to serve the project in terms of utilities with the smaller lot size. The Technical Review Committee recommended that the City Commission make a finding that this is a substantial change because: (1) The relocation of the Hypoluxo Road entrance to Lawrence Road causes additional trips to be placed on Lawrence Road and compromises public safety; (2) a better response time could be achieved and foresight for an alternative emergency route could be accomplished if the Hypoluxo Road connection was not deleted; (3) the reduction in lot width and lot area intensifies the project from the standpoint of efficiency of land area; (4) the change in unit type/lot size is contrary to the recent Commission decision to attract a variety of housing choices which is known to have a direct link to economic 36 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 development potential; and (5) the applicant has not addressed the 40 foot setback along the east property line. This is required by the PUD Ordinance and the lots do not meet that 40 foot setback. Ms. Heyden felt this would have a significant impact on the lot layout once this comment is addressed. She said there was also a comment from the Engineering Department regarding this road having to be 80 feet wide rather than 60 feet wide. Therefore, these lots will be shortened by 20 feet. Ms. Heyden advised that if a determination is made that this is a substantial change, the applicant would have to go through the rezoning process. This would give the City the opportunity to advertise a public hearing and notify adjacent property owners who may be affected negatively. She stated that the project abuts three parcels on the west side. One of them is Jonathan's Grove, which has a minimum lot size of 9,000 square feet. Another one is a project which is in the County. The lots there are a half acre in size. The other parcel is a project that has one or two single-family homes on it. A change could affect these properties. The original plan with the multi-family had a minium 40 foot building setback. Now we are looking at zero lot line homes with a setback with screen enclosures of up to 8 feet. Peter Mazzella, Assistant to the Utilities Director, said there is a cost trade-off from the Utilities standpoint. The location of the lift station affects that cost trade-off. Because of the location of the lift station and the Z lots, a separate lift station would be needed. This means additional costs for the City to maintain that lift station forever. In the previous master plan, the road was adjacent to the property line, allowing easy access to adjacent properties. The second significant change is the preponderance of cul-de-sacs in the layout. You cannot link a water main down to Z lot lines because they do not line up. The houses are sitting on the lot line and you cannot have a water main that close to a building. This would create twice as much pipe on each of the cul-de-sacs. It is not as effective as a flow through system. In addition, in reducing the number of units, they reduced the flow and income, and gave us additional problems to deal with and a more expensive system to maintain. He saw this as a substantial change. City Manager Parker believed the applicant has agreed to relocate the lift station to address this concern. Mr. Kilday advised her that a meeting between his engineer and the Utility Department is scheduled for Thursday to work this issue out. He did not see this as a problem that cannot be resolved. City Manager Parker advised that we are also going to upsize the lift station to handle some adjacent development. She said the other concern the City had with the double piping is that because this item was recently brought up, we were not sure that the applicant had sized it on the lots enough to be sure there was enough spacing to do that. She 37 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 said the City is not going to approve the dead ends on the utility piping. She stated that the magnitude of the cost is not significant for one particular property with cul-de-sacs. However, the Utiltity Department is concerned that if we constantly had these type of developments, it would not relate to an interrrelated system that would allow flushing and flow to all parts of our system. City Manager Parker asked if the one car garage units are going to be deleted. Mr. Kilday said that in Nautica, the one car unit CUrrently represents 5 percent of the units. Ninety-five percent have two car garages. The one car unit has two parking spaces in addition to the garage space. A final decision whether or not to eliminate the one car garage units has not been made. However, all units will have two spaces side by side. City Manager Parker asked if Mr. Kilday looked at the 40 foot setback because that is a considerable distance on those back lots. Mr. Kilday said the Meadows PUD is made up of a mixture of housing types and as it abuts the subject property, they have long, multi-family buildings. Because they were a multi-family large building, a 40 foot setback was required. They put their parking areas within that 40 foot setback. Therefore, it is not 40 feet of grass; it is 40 feet of asphalt before the building starts. In this case, there are single-family units with backyards. He did not think it was reasonable to have a 40 foot setback to accommodate the parking lots next door. The ordinance talks about having similar setbacks with the project next door. He interpreted this to mean that the setbacks off the rear of this project should be similar to the setbacks off the rear of their single-family product, which is in the range of 15 to 25 feet, which is what is being proposed. In some cases, there will be 35 feet. He would like the rear setbacks of this project to be similar to the rear setbacks of similar type units of the adjacent property. Ms. Heyden said that is not how the code reads. She said that is the only setback requirement in the PUD Ordinance and advised that a variance would be required from the Board of Adjustment. City Manager Parker felt we need to look at the two interpretations of that. Mr. Kilday said if this was vacant land, some of the comments would be relevant. However, this project is vested. He felt this project is clearly following directly in line with the goals and objectives of the City. He said he has tried to do things one step better than the existing projects in the area. Many professional people and people earning good salaries are moving into this development. Mr. Kilday stated that if the City Attorney determines that a 40 foot setback is required, he can accommodate it. He advised that he is under a tight time frame. He brought this application in as soon as negotiations were entered into. There is a contract and the closing date is scheduled for September 6. He felt the changes are good changes. He 38 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 said the language in the code states that the determination as to whether it is a significant change is solely the discretion of the City Commission. However, there are no standards upon which to make that decision. He pointed out that there are standards within the site plan' review process and although the City Commission is not bound by these standards, at least they give the Commission something to look at. He advised that this project meets all of those quantifiable standards as they apply to site plans, which are far more specific than master plans. He felt what is being provided is a benefit to the adjacent property owners in terms of housing type and quality of unit. With regard to the fiscal impact issue, Mr. Kilday stated that a secured community, private project, home ownership is going to render the City a significant amount more taxes for economic development and will cost the City far less than the services provided, especially with regard to Fire/Rescue. This project is located on the northwest corner of the city. Fire/Rescue, which is located on Miner Road, is going to be coming to this project from Miner Road when it is built and up Lawrence Road. It is not going to be coming down Hypoluxo Road. The developer is required to build Meadow Road as a connector before getting any COs. So there will be direct access which is two and a half minutes for Fire/Rescue. Mr. Kilday said he is taking an existing approval and making a better approval. This project has an average lot size of 6,100 square feet. While not every lot meets this minimum standard, many of the lots do and many lots exceed that standard. The minimum setback is 10 feet, which is a Countywide standard for zero lot line units. Everything in this project will meet minimum standards, but almost all the standards will be exceeded throughout the majority of the lots. He asked the Commission to determine that this is not a substantial change. No one in the audience wished to speak on this project. Mayor Pro Tem Matson commented about the parking. She said she lives in a community that is all cul-de-sacs and most of the homes have two-car garages and double driveways so they can accommodate four vehicles. However, people still park on the street and there is a problem with emergency vehicles. She said Meadows Park has already been outgrown and there is no parking there. She suggested eliminating the little lake and providing additional landscaped parking so that this park will also be accessible to the people in the Meadows. She said this will take away some of the impact of the parking that we do not have at the Meadows Park at the other end of the community. Mr. Fant felt he could accommodate some parking, but one of the purposes of that lake was to accept some of the drainage from the road and the internal lakes of the project that feed into that lake. He also confirmed for Mayor Pro Tem Matson that the gates would be guarded at Meadows and at Lawrence. 39 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Pro Tem Matson was not in favor of multi-family units and was pleased to see a decrease of 105 units in this community. She said the people in the immediate area are concerned about the density. Commissioner Jaskiewicz referred the Utilities memorandum and expressed concern about the significant increase it would cost the City. She read the following from that memorandum: "The current layout may increase the City's long term operating costs in order to reduce initial construction costs for the developer." She also expressed concern about the additional chlorine necessary because of the routing of the lines. She would like to see larger lot sizes, but she was impressed with the Nautica development and she preferred to see single-family homes rather than any more multi-family residences. City Manager Parker stated that the Z lot is a new product and is small. In the hands of a good developer it may not be a problem, but in the hands of someone who does not do a good quality job, it could be a problem. Right now there are no minimums in the PUD ordinance. She pointed out that everything is not always black and white because of the homestead exemption, and we were hoping to get the price range of these units up a little more to diversify into the $175,000 to $250,000 range as opposed to the $100,000 to $150,000 range which is pretty much the majority of our housing stock in the City. The average income of the purchasers is $59,000, and we were hoping to bump that up one notch into the next category. With regard to multi-family versus single-family, even though from a tax perspective possibly we may get more gross dollars, she pointed out that homeowners usually take more pride of their community and are committed. She also pointed out that the security and safety problems, etc. She said the applicant is going to deal with the utility situation, so that will not be a cost problem. They will resolve that to our statisfaction, upgrade that lift station and move it so we do not have a proliferation of lift stations to maintain. With the exception of the road, which the County has signed off on this morning, that goes into what the citizens require in terms of security and gated communities versus the planning perspective of access. There are two sides of that coin that the Commission has to deal with. The situation requires City Commission discretion. There are no standards for determining if this is a substantial or nonsubstantial change. The only thing we are struggling with from a staff perspective is that 4,000 square foot Z lots are very small and how do you try to diversify the housing stock with that size of a lot when we do not control the type and quality of product that goes on that lot after it is approved. As Vice Mayor Bradley understands it, the purpose for determining whether it is a substantial change or not is to give notice to neighboring parties. City Manager Parker stated that in 40 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 order not to bring the applicant back to square one, we could table this until the next meeting. In the interim, we could advertise a public hearing for the next meeting. She said a rezoning would require first class letters to everyone within 400 feet, and we would not be able to do that in a two week time frame. In response to Mayor Taylor, Mr. Kilday advised that there are 188 Z lots and 246 zero lot lines. The minimum standard for Z lots is 4,000 square feet and the minimum for zero lot lines is 5,000 square feet, but most of the lots exceed the minimum standard. He gave the following lot size information: Z lots Square Footage Number of Units 4,000 to 4,500 76 4,500 to 5,000 13 5,000 and greater 99 7,000 to 8,000 8 8,000 to 9,000 2 more than 9,000 6 Zero lots lines Square Footage Number of Units 5,000 to 5,500 5,500 to 6,000 more than 10,000 22 74 (150 of these units exceed 6,000 sq. ft.) 14 Mayor Taylor stated that there are 17.5 acres of lakes. He asked if this is required for drainage or if it would be possible to use some of that area to increase the lot size of the smaller lots. Mr. Kilday thinks most of it is required for drainage. Of the smaller lots, a third of them front the lake. Therefore, while they do not get the lot, they get the advantage of the lake. Mayor Taylor said they may want more yard. He had a problem with the small lots and no yards. 41 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Taylor asked about the significance of the percentages of purchasers coming from Boynton Beach, out of state, and Boca Raton. Mr. Kilday said the people who already live in Boynton Beach chose to stay in Boynton Beach if they like the unit offered. With regard to the out of state people, he thought this was an indication that Boynton Beach is an attraction to someone who is new to South Florida. With regard to the people coming from Boca Raton, he felt this indicates that Nautica is competitve with products being offered in Boca Raton. Mayor Taylor asked where the lift station is going to be relocated. Mr. Mazzella said the applicant is willing to eliminate a couple of houses on the east side to put in the lift station. In response to Commissioner Jaskiewicz, Mr. Mazzella said maybe the applicant can restructure some of their lot lines. Mr. Kilday said to his best effort possible, he will see about making some connections between lots. That may mean trying to shift some lots and provide the easements to do it. However, he would hate to do this at the loss of the cul-de- sacs because they are very popular. Vice Mayor Bradley asked about increasing the lot size, decreasing the number of lots, and selling them for more money. Mr. Fant felt he is moving in that direction. He said he has been sensitive to some of the talk he heard about 6,000 square foot lots. At Nautica, the average is slightly over 5,000 square feet. He did everything to take that next step to 6,000 or 6,100 square feet on the average. However, he does not feel the market will respond to anything greater. He felt he needs to set something at the standard of approximately $130,000 average and believes Nautica Sound will jump to an average of $150,000. He said some homes will exceed $200,000. That will come as a result of having more larger lots and being an exclusive community. He will also be adding some of the larger models that will accommodate some of the larger lots. As a whole, he felt he took a step that amounts to 16 to 17 percent average increase in lot size from Nautica to Nautica Sound and also would amount to a 10 to 15 percent average house price increase also in Nautica Sound. He is moving in that direction and is sensitive in the design trying to get over that 6,000 square feet. Vice Mayor Bradley was mostly concerned about the little 4,000 square foot lots. He felt everyone would be more comfortable if they were increased to 4,500 square feet. Mr. Fant pointed out that he is maintaining the same setbacks as he is on the zero lots. In response to Commissioner Rosen, Mr. Fant said he is trying to accommodate as broad a market as he possibly can, including the buyer who can only afford $110,000. He is also trying to accommodate somebody that wants more. 42 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Taylor felt this was a substantial change because of the changes in the roads, the accesses, the parking problems, the small lots, and the utilities. CommisSioner Rosen agreed that this was a substantial change, but he wanted to give the developer the opportunity to discuss this and return to the Commission. City Manager Parker asked if the Commission is concerned with the notice, the lot sizes, or the amount of changes. She pointed out that the utilities and road access issues are resolved. Her previous suggestion was to table this for a week and put the ads in the paper for a public hearing on this property to notice the surrounding owners of the change of the land use and lot sizes that are going to be on this property, and the use of multi-family to single-family with the Z lots and zero lots. In response to Commissioner Jaskiewicz, City Manager Parker confirmed that the Commission's concerns will be addressed in the interim. Vice Mayor Bradley was not sure there is any latitude for the lot sizes to be changed. Mr. Kilday said he will try to adjust the lot size. Mayor Taylor did not intend to vote for any more 4,000 square foot lots. Attorney Goren said if the Commission choses to take action this evening, one of the options the Commission has is to indicate the specific conditions under which they believe the applicant's request is not substantial and include in a motion that if certain things were done by the applicant, it would not be a substantial change and, barring those things being completed, it would be substantial. That would put the burden back on the applicant to decide whether or not they want to proceed based upon those conditions. Mayor Taylor felt the change would be nonsubstantial if we could alleviate the lot size. He felt the lot size affects the project from the standpoint of efficiency of land area. He was opposed to the 4,000 square foot lot size and wanted them to be 6,000 square feet. Mr. Kilday said the average lot size is 6,000 square feet. The standard lot in the County is 4,500 square feet. Mr. Kilday was willing to consider 4,500 square feet as the minimum lot size. He said 6,000 square foot lots would not make this project feasible when he can go across the City border and build 4,500 square foot lots. In response to Vice Mayor Bradley, he said he was willing to bring all of the 76 units that are 4,000 square feet up to 4,500 square feet. Commissioner Rosen asked if he was willing to bring the 13 units that are from 4,500 to 5,000 square feet up to 5,000 square feet. Mr. Kilday said this could probably be accomplished. 43 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Vice Mayor Bradley asked if Mr. Kilday is sticking with his request to go from 15 down to 10 on the side setbacks. Mr. Kilday said the 10 foot setback is standard for zero lot lines in every municipality in the County that he deals with. He said it would create a problem to start squeezing the setbacks on the units. Motion Vice Mayor Bradley moved to find that the project is not a substantial change provided upon the applicants providing us with an agreement that the 76 Z lots that currently exist in the 4,000 to 4,500 square foot range be rotated to the 4,500 to 5,000 square foot range. In response to Commissioner Rosen, Mr. Kilday agreed to move the 13 units up also. Commissioner Jaskiewicz said the motion would also have to include utility concerns. Vice Mayor Bradley amended the motion to include staff's comments regarding the Utility Department's concerns, and that the applicant would look into swapping some of the lake property for landscaped parking property adjacent to the playground. Mayor Taylor pointed out that the applicant asked us to include the comments in Exhibit F if we found this nor[substantial. Mr. Kilday said there are 44 conditions in Exhibit F. He agreed to all those conditions unless they were modified. The conditions that were modified dealt with a couple of clarifications which are of no significance. The other ones dealt with the lot size, frontage, and setbacks. He assumed those would be replaced by the new conditions that the Commission suggests. Attorney Goren said the 44 conditions are sizable in content and there may be some items within those 44 conditions, or within the ambit of what has been responded to in the cover sheet, that may require some staff analysis that would be helpful to the Commission in making a final decision. He advised that once the Commission makes a decision, they are bound by that decision. Vice Mayor Bradley withdrew his motion. 44 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Consensus It was the consensus of the Commission that they are in agreement with the main points of the motion made by Vice Mayor Bradley. Motion Commissioner Jaskiewicz moved to table this item until September 5. Mayor Pro Tem Matson seconded the motion which carried unanimously. IX. NEW BUSINESS A. Set Date for Workshop The agenda items for this workshop will be as follows: Review of the Codes on Littering Discuss Loitering Update on the Wrice Process Code Enforcement The American Assembly Process and Selection of a Steering Committee The Community Appearance Code Solicitation Since this was discussed previously, Mayor Pro Tem Matson requested that all the information, legal opinions, and documentation that was gathered from other cities for the workshops that were held on nuisance abatement, curfew, and loitering be made available for this workshop. The workshop was scheduled for Friday, September 8, at 6:00 p.m. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 095-28 Re: Land use Amendment - Lake Worth Christian School ................................................. TABLED 45 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 APPLICANT REQUESTS TABLING UNTIL SEPTEMBER 19, 1995 City Manager Parker advised that the applicant has requested that this item and the following item be tabled until September 19because they have not gotten their utility easements signed yet. ~ 2. Proposed Ordinance No. 095-29 Re: Rezoning - Lake Worth Christian School .......................................................... TABLED APPLICANT REQUESTS TABLING UNTIL SEPTEMBER 19, 1995 This item remained tabled. (See City Manager Parker's comment under X.A.1.) Proposed Ordinance No. 095-24 Re: Amendment to zoning code for conditional use to allow mini-warehouses in the C-4 zoning district Attorney Goren read Proposed Ordinance No. 095-24 by title only. Robin Bird stated that since the last meeting, one of staff's comments which continues to be an issue is that only 25 percent of the area is allowed for open storage. Staff's recommendation notes the County ordinance; however, the County ordinance states that it is 25 percent of lot size, not buildable area. Also, the County allows for a tolerance to 50 percent with the discretion of the director. He felt this is a severe burden. While Mr. Blaskovic is not going to be affected immediately by that, upon any improvement on this property, that is a significant reduction in the use of his land which he currently enjoys. He currently has about 73 percent which he has been using for about 10 or 15 years since he has owned the property. He felt somewhere in the area of 40 or 50 percent would be reasonable. Mr. Bird said as Mr. Blaskovic goes to improve the property, he is going to be coming more in conformance with the City's ordinances. As the building goes up, more storage has to come out. Mr. Bird said another problem is that since the last meeting, a significant amount of screening requirements has appeared in the ordinance which was not there previously. The City Commission adopted staff's recommended changes to include commercial vehicles; however, regardless of whether they now have commercial vehicles or not, them are additional requirements for fencing which the County currently has adopted. Now Mr. Blaskovic is going to have to screen on all four sides regardless of surrounding uses as opposed to only screening one side: This is a significant change. Also, the type of screening required is a six 46 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 foot high solid wood fence and masonry wall. There are several other types of materials which can accomplish the same things. With regard to the issuance of the occupational license, staff's response to that was the occupational license indicates that there is a $140 fee. He was not sure what this fee was for. Ms. Heyden advised him that this is the fee for the auction. Mr. Bird said an auction is a losing business for the storage yard. They auction off abandoned merchandise. They are just trying to collect the rent. It is part of normal business operations which State Statutes requires them to do. This would be charging them a fee for something they are losing money on. This is a double taxation issue. He stated that at the last meeting, the City Manager said there was no fee for that. He said Mr. Blaskovic only has three or four auctions a year and that the City is not charging the current storage yards a fee. In response to Commissioner Rosen, Ms. Heyden advised that auction houses are not allowed in this zoning district. This special event license would allow these kinds of events on a temporary basis. Silvio Blaskovic felt "auction" is the wrong term. It is advertised as a public sale. In response to Commissioner Rosen, he advised that the merchandise is not priced and there is no bid processing. He said most of the time he is stuck with the junk and garbage and has to pay to:have it removed. Mayor Taylor pointed out that this is a special event license for an event that does not normally take place. Vice Mayor Bradley asked if the other storage units are assessed this fee. City Manager Parker advised that there is also an occupational license category for auction houses which would be a one time annual license. Mr. Bird stated that you would have to be a State licensed auctioneer to get that. City Manager Parker asked if Mr. Blaskovic hires a State licensed auctioneer to perform his auctions. Mr. Bird said he does not need one because he has temporary custody of that property. Mayor Pro Tem Matson had a philosophical problem with this ordinance because we are tailoring an ordinance for one applicant and historically we should not be doing that. Mr. Bird said there are several storage yards in the City which are zoned C-4 that are nonconforming. This ordinance would bring more businesses into conformity, which will raise their taxable 47 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 base. Mr. Bird said he works in a city that has nine mini warehouses and about 40 open storage yards and the occupational office does not charge a fee. Mayor Taylor summed up that Mr. Bird is objecting to the special event license, the 25 percent limitation for open storage, and the fencing. Mr. Bird stated that staff had agreed to 40 percent and the Commission accepted that at the last meeting. Therefore, he did not know why the ordinance says 25 percent. Ms. Heyden said she did not make a recommendation to change it to 40 percent. She said she indicated in her last staff report that the Commission might want to consider it; however, it was not part of the conditions. Therefore, since there was no discussion on increasing it to 40 percent, she did not include it. Commissioner Jaskiewicz did not feel 40 percent is unreasonable. She stated that she is trying to discourage the parking of boats, campers, and trucks in the front yards in residential areas. As long as the area is screened, she saw no reason why 40 percent was not acceptable. Vice Mayor Bradley agreed. He felt that as long as the screening is sufficient, the percentage is not that relevant. In addition, we need space to put the boats, campers, etc., if we do not want them in residential areas. Mayor Taylor stated that Mr. Bird also had an objection to the fencing. He asked Ms. Heyden if a six foot cyclone fence would be acceptable. Mr. Bird said this is not so much of an issue because there is no residential property around the subject property. Ms. Heyden advised that it could not be a six foot cyclone fence. It has to be either solid wood or masonry. Mr. Bird mentioned a new product, PVC fencing, which looks identical to wood, and recycled plastic. Ms. Heyden was not familiar with this material. Mayor Taylor mentioned that the boardwalk on the beach is made of recycled plastic. Ms. Heyden said a "solid plastic" fence could possibly work. She was opposed to a chain link fence with plastic slats inserted because that would not meet the wind load requirements. Mr. Blaskovic did not see the reason for the fence because there is no residential in his area. Mayor Pro Tern Matson advised him that the reason for this requirement is that the ordinance is not tailored for his property and that there are other storage areas that abut residences. Commissioner Jaskiewicz would accept recycled plastic if it looks like the plastic at the beach. 48 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Commissioner Rosen asked how many C-4 districts are in the City. Ms. Heyden advised that there are very few. Mayor Taylor believed there are about four locations. Mayor Pro Tem Matson said if we are going to revitalize Federal Highway, we have to take this into consideration. Mr. Bird advised that there was another issue with regard to the commercial vehicles behind the buildings. If you are going to require the solid fencing, you are going to limit the commercial vehicles to just behind whatever buildings they have available on the site. Ms. Heyden said the reason we did that was because commercial vehicles can be greater than six feet tall and since we are opening the door up for storage of commercial vehicles, she wanted to make sure that commercial vehicles were going to be screened. Mr. Bird asked how tall an RV camper with an air conditioner on top is. Ms. Heyden said she took that into consideration and that is why she added the additional screening. Mr. Bird pointed out that you will be able to see a two story boat or RV. He stated that you have allowed for the storage yards to have commercial vehicles which you want off the streets, but you only give them about 5 percent of their land or less to put them on. Mayor Taylor had no objection to seeing the top two feet of a vehicle behind a six foot fence in a C-4 area. There was a concensus to increase the limitation for open storage to 40 percent of the buildable area. Mr. Blaskovic requested 40 to 50 percent of the lot area. Ms. Heyden advised that if the screen requirements are left in, this should not be a problem. She stated that the reason for the limitation on storage is so that you do not see just storage area. However, if it is adequately screened, it is not an issue. Consensus There was a consensus to increase the limitation for open storage to 40 percent of the lot area. With regard to the special event license, City Manager Parker advised that it does not really fall under a special event because the definition of a special event is a grand opening, sidewalk sale, special promotion, festival, concerts, and similar occasions. Even though it says a license is required, there is no fee structure for a license fee. We have been taking all the special events on a case by case basis. She said there is a miscellaneous commercial service for $84 a year. Mr. Bird asked what the fee is for a mini warehouse license. He still felt this would be double taxation. Mayor Taylor stated that the license for the mini warehouse allows you to let 49 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 people store merchandise. When you decide to sell merchandise to recoup the rent, you are entering into a different business and if you want to do that, you need to pay a special fee of $84 a year. City Manager Parker said the warehouse license might cover this. This issue will be handled administratively. Mayor Pro Tem Matson requested a memo as soon as staff makes a decision on this issue. The screen and landscaping are to remain. Solid plastic would be allowed as an option to the wood and masonry wall. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-24 on second reading, subject to staff comments, including the limitation for open storage of 40 percent of the lot size, the licenses subject to staff comments, and the fencing subject to staff comments. Screening and landscaping remain the same. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. Proposed Ordinance No. 095-23 Re: Amendment to zoning code to allow wholesale of tropical fish in M-1 zoning district Attorney Goren read Proposed Ordinance No. 095-23 by title only. No one wished to speak on this item. Motion COmmissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-23. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 5. Proposed Ordinance No. O95-31 Re: Expand membership of Board of Adjustment to add three regular members CITY ATTORNEY REQUESTS TABLING ON 2ND READING 50 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Motion Mayor Pro Tem Matson moved to table this item. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading None. C. Resolutions Proposed Resolution No. R95-120 Re: Authorize execution of an Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the annexation of enclaves Attorney Goren read Proposed Resolution No. R95-120. Mark Soloway, 7064 Thompson Road, said the residents on Thompson Road do not appreciate the attempted encroachment in their lives and question what improvements the City could offer them. They want to ensure that they do not have any degradation of services. Mr. Soloway said access to Thompson Road is only from the north from Hypoluxo Road. Any services provided by the City would have to leave the City and drive out through the County to reach the residents. They are very pleased with the services they have. They were concerned with the environmental impact. He said the area he lives in is very special and there is nothing this heavily wooded this close to the eastern shore for many miles. Dave Magruder, 7146 Thompson Road, is a Fire Lieutenant with Palm Beach County and has experience in the services that the County is providing. He was concerned that it appears that Boynton Beach is trying to slide this in before the State votes on a bill that is presently in the State Senate and Assembly. This bill is ready to be voted on as soon as they reconvene. If approved, it would rescind this and make this illegal for cities to do. He said he could not get an answer from the City on future costs to the residents. He received a projected range of approximately $400 to $600 a year in tax increase for his residence alone. Over a period of ten years that would be anywhere from $4,000 to $6,000 out of his pocket. This figure does not project any tax increase by the City of Boynton Beach. With regard to water and sewer costs, the ballpark figure he received was no less than $10,000 and anywhere up to $22,000 for his house alone. Therefore, if this happens in the next ten years, he is looking at $26,000 51 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 out of his pocket to change his address from Lantana to Boynton Beach. He said he does not need to spend $26,000 over the next ten years to have better police protection. He said there are questions in the State law on whether or not this encompasses developed land or undeveloped land. The residents also own the road. He questioned what would happen when the City wants to put utilities on that road. He asked if the residents would have to give the City the road. He felt there are too many questions left unanswered and to slide this in on three days' notice to the residents would be extremely unfair. He felt it would be an injustice to the residents not to wait two or three months to see what happend with the proposed bill. He said by the end of the week he will have letters from the Fire Administrator for the County and the Sheriff that shows that the urban services that Boynton Beach is saying would be greatly improved on are already and will continue to be available less than 400 feet from his house in another subdivision called Floral Park. There is no proposal to annex them. Therefore, the County, Sheriff's Department, and Fire Department will still be providing service to the foot of his street. Therefore, there is no real benefit or gain. There is no cost savings to anyone. Mayor Taylor said this was at the Legislature last year and did not get to the floor. Also, he did not think anybody was trying to slide anything in at the last minute. He pointed out that the annexation of these enclaves is part of an ongoing program the City has been working on for a couple of years. Paul Himmelrich, 710 E. Hillsboro Boulevard, Deerfield Beach, owns three vacant lots. He had his attorney research this matter. He distributed a letter from his attorney. According to the statute, unimproved real estate cannot be annexed. Candy Thompson, 7105 Thompson Road, did not see any benefit to the annexation of enclave 1 and was opposed to it. Silvio Blaskovic was opposed to the annexation of enclave 9 because of the high taxes associated with this annexation. He referred to the Rights Protection Act. He said this property should be zoned C 1 not C4. Ralph Thompson, 7105 Thompson Road, was opposed to the annexation of enclave 1. He said the County has provided services very well for many years. He advised that he has lived on this street since 1986 and during that time his taxes have doubled. He thinks this annexation will increase taxes further. He said this is a special road to the 13 families who live there. 52 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Leonard Thompson is satisfied with being in the County. No one else in the audience wished to speak on this matter. Commissioner Jaskiewicz asked if this goes to the Department of Community Affairs for Evaluation. City Manager Parker advised that it goes to the County after this and then we have to adopt individual ordinances for each enclave. Therefore, this is not the last step in the process. Mike Rumpf of the Planning and Zoning Department explained the process for annexation. He stated that the Department of Community Affairs would not have a typical review of these amendments because they are now considered small scale. Consistency review with respect to Comprehensive Plan amendments is not conducted on amendments of this size. Therefore, the process would be concluded at the time of our adoption of ordinances. City Manager Parker advised that we have summarized the utility costs but have not put a time table on that. The State Statute says that we have to provide services within a reasonable amount of time but does not define "reasonable". She asked the Commission for direction regarding the utility situation. In response to Vice Mayor Bradley regarding the costs, City Manager Parker recommended special assessment (spreading it out over 20 years). Mayor Pro Tem Matson requested that enclave 1 be pulled out to vote separately on it. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-120 with the exception of enclave number 1. Commisioner Jaskiewicz seconded the motion which carried 5-0. Mayor Pro Tem Matson was familiar with this piece of property and agreed 100 percent with the residents. She could not see how this one little strip will make a whole lot of difference within the City. Commissioner Rosen understood that the financial aspects of annextion may be disagreeable; however, he did not see how it would change anyone's lifestyle. It will still be the same community as before, with possibly better service. He asked where the residents are getting their water from now. Someone in the audience advised that the residents are getting their water from wells. Commissioner Rosen asked if any surveys have been done to find out how long this can continue. 53 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Pro Tem Matson did not want to force anyone to become part of the City. Vice MayorBradley asked if an enclave is defined by three sides or four. Mr. Rumpf advised that it is defined by State law in a couple of different ways. In most recent legislation, the Enclave Act is defined as an unincorporated approved or developed area that is enclosed within and bounded on all sides by a single municipality or any unincorporated improved or developed area that is enclosed within and bounded by a single municipality in a natural or man made obstacle. He said all the enclaves we are proposing are on all four sides. Mr. Rumpf addressed the comment that was made earlier about service vehicles having to leave the City to enter this enclave. He advised that Hypoluxo Road was annexed into the City concurrently as pieces of property were annexed and developed. That is the northern and most defined edge of the City. Service vehicles traverse that corridor quite frequently so it would not be an unusual occurrence to have to be at that location. Mr. Rumpf said the Enclave Act was created to open up the door for municipalities to annex these properties and begin to chip away at these service burdens. He addressed the comment about there not being a cost savings to have these properties annexed. He said it is different to put a price on a response time. Although Thompson Road may not be, there are other enclaves that are twice the distance from service providers in hubs of the County. He said there is no difference between any of these enclaves and that, in general, most people are opposed to annexation. Mayor Taylor stated that the whole concept of the annexation program is to get rid of these pockets in the community because they are burdens for the City to keep track of. In many cases, the County has to cross the City in order to get to them to provide service. He said this is singling out one particular enclave for an exception and pointed out that the others could make the same argument. He was opposed to making an exception for anyone. In response to Commissioner Jaskiewicz, City Manager Parker advised that since we would already be in the process, we would be exempt from the bill that is in legislation. Attorney Goren explained that the City's laws would already be effective as to the annexation activity. Therefore, it would preempt the State Statute. City Manager Parker said once it is approved by the County, they are annexed into the City and we just have to complete the paperwork to switch the zoning from the County to the City. 54 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Fire Chief Floyd Jordan stated that there would be a significant improvement in Fire and EMS service in that area. Motion Commissioner Rosen moved to include Enclave 1 in Resolution R95-120. Vice Mayor Bradley seconded the motion which carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. 2. Proposed Resolution No. R95-129 Re: Authorize execution of contract for the State of Florida, Department of Community Affairs, Evaluation and Appraisal Report Attorney Goren read Proposed Resolution No. R95-129 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-129. Jaskiewicz seconded the motion which carried 5-0. Commissioner 0 Proposed Resolution No. R95-130 Re: Request for authorization to abandon a portion of a 5' wide utility easement at 2000 S.W. Golf Lane Attorney Goren read Proposed Resolution No. R95-130 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-130. Vice Mayor Bradley seconded the motion which carried 5-0. D. Other 1. Legal opinion on Board of Adjustment duties and responsibilities Motion Mayor Pro Tem Matson moved to table this item. Vice Mayor Bradley seconded the motion 55 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 which carried 5-0. 2. St. Juste foreclosure update Attorney Goren advised that the City is proceeding with the foreclosure sale. Mr. St. Juste distributed an offer to the City Commission. He contended that he knew nothing about this matter until recently. He told of his and his attorney's attempts to communicate with the City for the past three years to no avail. Mayor Pro Tem Matson asked what this matter has cost the City in legal fees. City Manager Parker advised that it cost approximately $20,000. In response to City Manager Parker, Mr. St. Juste advised that the assessed value of his property in question is about $30,000. Mayor Taylor pointed out that Mr. St. Juste has been to court on this matter. Therefore, he had to know what was happening. Vice Mayor Bradley addressed Mr. St. Juste's claim that he has not received due process. He pointed out that the judge ruled that Mr. St. Juste had been treated fairly. Mayor Pro Tem Matson said she was on the Commission in March of 1991 when this foreclosure was on the agenda. This matter went to court in 1991 and mediation took place at which time Mr. St. Juste stipulated he would apply for a permit, complete the repairs, and then notify the City. A permit was pulled and then it expired. She said Mr. St. Juste knew what was going on and she felt he was given due process. She did not know why this matter was before the Commission since the City won this matter in court. Motion Vice Mayor Bradley moved to reject Mr. St. Juste's offer and proceed with the foreclosure. Mayor Pro Tem Matson seconded the motion which carried 5-0. City Manager Parker advised Mr. St. Juste that he would have to go to the foreclosure sale and bid on the property. e Request for authorization to accept Settlement Agreement for liquidated damage with Rockland Construction pending final approval by Gee & Jensen for Meadows and Boynton Lakes Parks 56 MINUTES CITY COMMISSION BOYNTON BEACH,~ FLORIDA AUGUST 15, 1995 City Manager Parker advised that Gee & Jensen has not yet signed off on plans. Charles Frederick, Director of Recreation and Parks, advised that liquidated damages amount to $5,000. City Attorney James Cherof had negotiated a settlement of $2,500 with Rockland Construction. The Commission approved final payment to Rockland Construction in the amount of $46,000. Mr. Frederick and Bill DeBeck, the Project Manager, felt the contractor did his job right. However, Gee & Jensen want some information, which normally is not required, before signing off. Staff is in the process of putting this information together. The check will not be released until Gee & Jensen signs off. Mayor Pro Tem Matson asked if we are going to alleviate the flooding in that area. Mr. Frederick advised that we are still dealing with how to handle that. He said there is a possibility of adjusting the lake levels. City Manger Parker advised that there is also a possibility that we will not be able to do anything with the lake and in a heavy rain it may still flood. Mayor Pro Tem Matson said if Gee & Jensen engineered this and it is flooding, somebody has to be culpable for this. Mr. Frederick advised that it would take additional analysis by another engineering firm. They would have to analyze the drainage plan and make a determination as to whether or not it was a proper design. City Manager Parker advised that the City will need additiOnal documentation in order to pr°ceed against Gee & Jensen. Mr. Frederick advised that we are getting a quote for a survey for elevations tomorrow to make sure the project was constructed to design. At that point we can determine whether we need to take further action. Motion Vice Mayor Bradley moved to accept the settlement agreement for $2,500. Commissioner Rosen seconded the motion which carried 5-0. XI. UNFINISHED BUSINESS A. Approval of FDOT Resurfacing Project of U.S. 1 City Manager Parker advised that the main problem here was the parking. Staff recommends that from Boynton Beach Boulevard north, on-street parking would be retained along the entire 57 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 west side. On the east side, it would only be between 6th Avenue and 7th Avenue. Headed south, on-street parking would only be retained on the block in front of the Woman's Club. All other on-street parking would be removed. There would be a bike lane and the additional size that we would gain would go into the medians. Staff also recommends that we use the same paver colors and pattern that we are using on Boynton Beach Boulevard heading down both sides of Federal Highway from the canal to the City limits with the paver block sand the utility chase areas. Motion Vice Mayor Bradley moved approval of the FDOT resurfacing of U.S. 1. Commissioner Rosen seconded the motion which carried 5-0. XII. CITY MANAGER'S REPORT City Manager Parker had nothing to report at this time. XIII. OTHER None. 58 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 1:58 a.m. THE CITY OF BOYNTON BEACH ATTEST: City~Elerk - ' ' Recording Secretary (Nine Tapes) Vice Mayo ~C°~i°ney/?//~ -? 59 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS AUGUST 15, 1995 Iii. CONSENT E. cc: Recreation Utilities Finance e DATA FLOW SYSTEMS INC ................................... $10,395.00 P.O. 7625. Pump Control Units Pay From Util Cap Impr Fund -- 404-000-0-691-10 DAVIS WATER INDUSTRIES .................................. $ 89,376.00 P.O. 9305. Lift Station Pump Replacement Program Pay From W & S Rev Fund -- 421-000-0-691-21 MONTGOMERY ENVIRONMENTAL INC ....................... $ 65,456.00 P.O. 9979. City Hall Remediation, Pymt #1 Original Contract Change Order Payments to Date Current Payment Contract Balance $ 414,406.00 0.00 0.00 65,456.00 348,950.00 Pay From Public Serv Tax Const -- 301-194-5-634-12 ROCKLAND CONSTRUCTION CO .............................. $46,122.72 P.O. 6157. Meadows/Boynton Lakes Park Const, Pymt #11 Original Contract Change Orders Adjusted Contract Previous Payments Current Payment Less Liquidated Damages Contract Balance $ 946,441.00 20,028.30 966,469.30 917,846.58 46,122.72 (2,500.00) 0.00 Pay FromPublic Service Tax Cons~--301-722-5-634-07,$29,347.57, 301-722-5-634-08,$16,775.15 COMMISSION APPROVAL ROSSO PAVING .............................................. $ 28,832.04 P.O. 9481. Block Grant Project, Pymt #1 Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 54,562.00 0.00 0.00 28,832.04 25,729.96 Pay From Federal Grants -- 105-513-5-463-00 SOLID WASTE AUTHORITY .................................. $ 82,627.92 P.O. 8126. Landfill Daily Use Pay From Sanitation Fund -- 431-341-5-490-01 SOUTH FLORIDA UTILITIES .................................. $16,510.50 P.O. 9781. Lift Station Modifications, Pymt #2 Original Contract Change Orders Previous Payment Current Payment Contract Balance $ 424,094.00 0.00 11,250.00 16,510.50 396,333.5O pay From 1990 Construction Fund -- 409-000-0-691-10 TREE MOVERS INC .......................................... $10,180.00 P.O. 9543. Relocate Trees for Playground Pay FrOm -- 641'722-5-629-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, ASSISTANT FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER