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Minutes 07-18-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 18, 1995 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor M~atthew Bradley, Vice Mayor L~nne' Matson, Mayor Pro Tem Sl~irley Jaskiewicz, Commissioner Si :lney Rosen, Commissioner I. OPENINGS: A. B. C. M G D. Agenda Approval: C~ 2. Adoption II. ADMINISTRATIVE: AI)pointment T¢ Be Made M ~yor Taylor IV Matson II Bradley II Bradley IV Matson II Bradley II Bradley IV Matson II Bradley IV Matson III Jaskiewicz IV Matson Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Call t° Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Mayor Pro Tem Lynne Matson ayor Taylor called the meeting to order at 6:32 p.m. Following an invocation offered by )mmissioner Sid Rosen, Mayor Pro Tem Matson led the Pledge of Allegiance to the Flag. 1. Additions, Deletions, Corrections ty Manager Parker requested the deletion of Item III-F (purchase of exhaust hood). This item will uire additional research. ,or Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Bradley seconded the ~tion which carried unanimously. A. Appointments to be made: Reg/ Length of Term Board Alt Expiration Date Board of Adjustment Bldg. Bd. of Adj. & Appeals Cemetery Board Children & Youth Adv. Bd. Children & Youth Adv. Bd. *Education Advisory Board Library Board *Senior Advisory Board Senior Advisory Board Cemetery Board Comm. Redev. Adv. Board Comm. Redev. Adv. Board Alt Alt Alt Stu Alt Alt Alt Reg Alt Reg Reg Reg Term ex)~res 4/97 Term ex)~res 4/96 Term ex ~res 4/96 Term ex ~res 4/96 Term ex ~res 4/96 Term ex )~res 4/96 Term ex )~res 4/96 Term ex ~res 4/96 Term ex ~res 4/96 Term ex ~res 4/97 1 yr term to 4/96 1 yr term to 4/96 TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED TABLED MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 C,)mmissioner Jaskiewicz appointed Lloyd .,development Advisory Board. Motion M a N Powell as a regular member of the Community ayor Pro Tem Matson moved to approve the appointments as stated, and place the remaining )ointments on the table. Vice Mayor Bradley seconded the motion which carried unanimously. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of July 5, 1995 changes were made to these minutes. Bids - Recommend Approval -All expenditures are approved in the 1994-95 Adopted Budget None C. Resolutions Proposed Resolution No. R95-106 Re: Authorize execution of End User License and Warranty Agreement between the City of Boynton Beach and Itron, Inc. for Software Installation Proposed Resolution No. R95-107 Re: Water Service Agreement for Z.E. Taheri, M.D. - Trustee located at southwest corner of Flavor Pict Road and Military Trail Proposed Resolution No. R95-108 Re: Water Service Agreement for Verzaal Farms located on the South side of Flavor Pict Road approximately 1,200 feet west of Military Trail Proposed Resolution No. R95-109 Re: Request for surety reduction for Meadows Park "Tract E" of the Meadows 300 PUD MOtion , Cgmmissioner Jaskiewicz moved to remove all tabled appointments from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Vice Mayor Bradley appointed Daniel Winters as an alternate member of the Education Advisory BOard. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 o Proposed Resolution No. R95-110 Re: Approve application for Palm Beach County Emergency Medical Service Grant Funds Pulled from Consent Agenda for discussion. ~ 6. Proposed Resolution No. R95-111 Re: Assessing the cost of abatement of. [ certain nuisances against the owners of property Pt~lled from Consent Agenda for discussion. o Proposed Resolution No. R95-112 Re: Amendment to the Interlocal Agreement providing for emergency Medical/Rescue Services between the City of Boynton Beach and the Town of Ocean Ridge P~lled from Consent Agenda for discussion. o Proposed Resolution No. R95-113 Re: Land Acquisition - Rolling Green Ridge - 2nd Addition Lots 18, 19, 20, Block 43, Plat Book 26, Page 214 P~lled from Consent Agenda for discussion. D. Approval of Bills A A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bills - June, 1995 copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Authorize purchase and installation of exhaust hood for the stove at Fire Station II from Atlantic Coast Fire Equipment Co., Inc., in the amount of $6,300 D~leted from agenda at the request of the City Manager. Go Authorize sole source purchase of replacement dump trailer from Rayside Truck & Trailer in the amount of $6,075 Ina memorandum from Daniel Miller through Joe Sciortino to the City Commission, a request is made to use funds budgeted in a maintenance equipment reserve account (411.-726-5-680.08) to purchase this equipment which will be used for topdressing functions at the golf course. Golf course staff pr~esently spends approximately 300 manhours per year topdressing. It is anticipated that the use of this equipment will result in a minimum savings of 85 manhours per year. If calculations are correct, M~. Miller expects to save at least $705.50 per year (Greenskeeper salary of $8.30 per hour multiplied b~ 85 hours). 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Approve proposal for professional services by Kilday & Associates for Boynton Beach Boulevard - 1-95 to U.S. #1 Median and Right-of-Way Landscape Plans Cgllene Waiter's letter to City Manager Parker dated July 11, 1995, sets forth Kilday & Associates' p~oposal for the medians and right-of-way landscape plans for Boynton Beach Boulevard from 1-95 to U S.#1. I. Authorization to release confiscated equipment which has been turned over to the Warehouse for auction, to the Facilities Maintenance Division A: outlined in Facilities Management Division Memorandum No. 95-94 from Bill DeBeck to Diane Ri ese dated July 11, 1995, Facilities Management is requesting that two Saws-ails just released by the P~lice Department and transferred to the Warehouse, be transferred to Facilities Management for use b the Division. ¥ ~e Mayor Bradley requested that Items III-C.5, C.6, and C.8 be pulled from the Consent Agenda for discussion. C ty Manager Parker pulled Item III-C.7. ~ orion Mayor Pro Tem Matson moved to approve the Consent Agenda with the exception of Items C.5, C.6, C 7, and C.8. Vice Mayor Bradley seconded the motion which carried unanimously. 5. Proposed Resolution No. R95-110 Re: Approve application for Palm Beach County Emergency Medical Service Grant Funds Vi ce Mayor Bradley questioned the dollar amount of the grant, and inquired as to whether or not these ar new purchases or replacement radios. D puty Chief Ness explained that the dollar amount of the grant is approximately $11,000, but the e~act amount will not be known until fall. With regard to the radios, they are supplemental radios to make communications with different jurisdictions possible during mutual aid operations. 6. Proposed Resolution No. R95-111 Re: Assessing the cost of abatement of certain nuisances against the owners of property Vice Mayor Bradley favors the policy of filing liens against outstanding receivables for lot mowing. He inquired as to the number of times this is done throughout the year. City Manager Parker advised that an attempt is made to accomplish this quarterly. She explained that th~ resident is charged with a code enforcement lien for overgrown lots. If nothing is done following a ~ertain amount of time, the City mows the lot and assesses the fine. Following another specified p(~riod of time, the City moves forward with the lot mowing lien process. 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 7. Proposed Resolution No. R95-112 Re: Amendment to the Interlocal Agreement providing for emergency Medical/Rescue Services between the City of Boynton Beach and the Town of Ocean Ridge CiTM Manager Parker advised that at present, the amendment is for a flat fee of $100,000 for the reh~ainder of the term of the contract. In Section 1, the City would like to add that if the calls are in,creased by 25 percent, the price will be renegotiated by the City of Boynton Beach and the Town of Ocean Ridge. The Town of Ocean Ridge has agreed to this amendment. i 8. Proposed Resolution No. R95-113 Re: Land Acquisition - Rolling Green ~ Ridge- 2nd Addition Lots 18, 19, 20, Block 43, Plat Book 26, Page 214 Vilce Mayor Bradley questioned the $21,000 figure relative to the market value of the properties. Mr. Hawkins said the price was negotiated, and the City feels it is a fair price for the three lots. Motion Mayor Pro Tem Matson moved to approve Items III-C.5, 6, 7 and 8. Commissioner Jaskiewicz seconded the motion which carried unanimously. I¥ ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. The Wrice Process - City Hall Commission Chambers Training - Wednesday, July 19 - 8:00 a.m. - 4:00 p.m. Training - Thursday, July 20 - 8:00 a.m. - 4:30 p.m. March - Thursday, July 20 - 7:00 p.m. - 9:00 p.m. Training - Friday, July 21 - 10:00 a.m. - 5:00 p.m. Mayor Taylor made this announcement and urged the citizens to participate. B. Presentations: 1. Presentation by County Commissioner Karen Marcus and School Board Member Jody Gleason reference the Education Concurrency Task Force M ~yor Taylor welcomed County Commissioner Karen Marcus and Ms. Jody Gleason. M 3. Gleason advised that she and Commissioner Marcus were not representing The School Board, the C(lunty Commission, or the Concurrency Task Force views. They co-chair the Concurrency Task Force fo~ the County Commission and the School Board, but will present the Marcus/Gleason work program. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 with raising funds for schools, and determining locations of schools. The County and The School Bgard made a decision to form a concurrency task force. There are now 25 members on the task force who were appointed by the County Commission, lhe School Board, and the Municipal keague. l~e task force set out to develop four tasks to be accomplished by next June. lhey are: I 1. Development of a Level of Service This will look at school size, use of portables, core facilities, boundaries, etc. This task will also include th~ application of the level of Service school-by-school, countywide, and regionally by the use of TAZ/SACS maps. ~ 2. Identify the Backlog Funding Alternatives M~. Gleason advised that the backlog is still approximately 10,000 student stations. It was determined that 1 g elementary, six middle schools and two new high schools will be needed within the next five y~ars, lhe total cost of these schools will be approximately $500 million. 3. Planning and Funding for Growth Commissioner Marcus explained that school concurrency has never been done in the State of Florida. Tl~ere will be an attempt to accomplish this concurrency through a Charter amendment where the pi ~blic gives the authorization to do this th rough a County ordi nance wh ich wou Id apply to every local g(~vernment. Task #3 involves identifying funding sources for five-year funding to keep up with the n(~w growth which is occurring (5,000 new students annually). Approximately $60 million would have to be budgeted annually to stay on top of the situation. 4. Implementation T~.sk #4 involves putting together the Charter amendment and Ordinance which would implement school concurrency. The first step in this process would involve putting a ballot issue on the ballot in S( ~tember or November to seek the public's authorization to have a countywide ordinance for school c( ncurrency. The second document to be drafted is the concurrency document. G~mmissioner Marcus advised that the more intricate part of this process is a determination on how to create the relationship between two separate jurisdictions (School Board and the County G~mmission). The School Board would have to fund the process, and the County would have to make sure the process is implemented. This would probably be accomplished through an interlocal a reement between the School Board and the County Commission. £ ~mmissioner Jaskiewicz questioned whether the School Board purchases or leases the portables in use at the schools. Ms. Gleason advised that they are purchased. Commissioner Jaskiewicz expressed ar~azement at the fact that the School Board would purchase portables at a cost of $43,500 each. One school in Boynton Beach has 37 of these portables. She pointed out that a permanent addition to the sc ~ool would be less costly than the purchase of these portables. 6 MI N UTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 C~ M fo b( ~mmissioner Marcus said the location of the core facilities will be the driving force with regard to the :e of the schools. The task force has considered temporarily allowing portables for capacity issues. ayor Pro Tem Matson advised that Councilman David Swift made a presentation to the Municipal ague Board of Directors and the Intergovernmental Coordinating Executive Committee. At that esentation, Mayor Pro Tem Matson expressed concern that our City has no appointee to this task ~ce. We are a City of 50,000 people, and we have lobbied extensively for ahigh school within our .undaries. This City has fought to save a coastal school. She requested that an appointment be made fr(~m our City if a member of the task force cannot fulfill his/her obligation, or if an alternate spot opens. Vice Mayor Bradley questioned how this will affect developers. M Gl th is M th s. Gleason advised that there was a great deal of resistance at first, but that has subsided because the ~velopers cannot come up with a better answer. ~mmissioner Marcus explained that this is a scary issue for everyone, but work will continue to make s an easier process. Talking with parents and educators will keep the momentum going. If nothing done to address this situation now, we will be looking at a cost of $1 billion down the road. ~yor Taylor commended Ms. Gleason and Commissioner Marcus for their work. He confirmed that $60 million would be needed every year for concurrency. M, Marcus advised that the committee has narrowly endorsed a one cent sales tax as a funding source. T~at sales tax would raise $114 million. M M M M R( wi ~yor Taylor questioned how a determination would be made relative to which cities will get the ~ools. Ms. Gleason said a determination would have to be made regarding where the most rapid ~wth is taking place. In addition, coastal schools would have to get their fair share. ~yor Taylor expressed the importance of the education issue to the City of Boynton Beach, and ~lained our interest in trying to solve the problems associated with this issue. He thanked mmissioner Marcus and Ms. Gleason for sharing this information with us. Proclamation thanking Mayor Pro Tem Lynne Matson for her dedicated work toward making the Centennial a huge success ~yor Taylor read this Proclamation and presented it to Mayor Pro Tem Matson. ~yor Pro Tem Matson expressed her appreciation to Curtis Weaver and the steering committee, ,creation, Police and Fire. She stated that this was the party of the century and thanked everyone attended the events associated with the celebration. 3. Proclamation - Health Unit Coordinator Day - August 23, 1995 M~yor Taylor read this Proclamation declaring August 23, 1995, as Health Unit Coordinator Day. / MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 V. BIDS: : None VIi. PUBLIC HEARING: Attorney cherof announced that all of the following items under Section VI~Public Hearing are quasi- judicial hearings. Everyone wishing to testify must be sworn in and will be subject to cross- ex amination. All documents in the City Commission back-up material are part of the record. Any other d(.cumentation for the record must be submitted to the clerk before leaving the meeting. Attorney Cllerof administered the oath to all who would be testifying during these proceedings. A. Project: Taco Bell at the Shoppes of Woolbright PCD Agent: Eduardo L. Carcache CKE Group, Inc. Owner: Taco Bell Corporation Location Northeast corner of Woolbright Road and S.W. 8th Street Description: CONDITIONAL USE: Request for conditional use approval to construct a 2,616 square foot restaurant with a drive-through window on a .895 acre parcel. In addition, Attorney Cherof advised that with regard to Items VI-A and B, on May 16, 1995, the City C~mmission authorized a settlement agreement with Howard Scharlin, trustee for this property. Within th ~ body of that settlement agreement, uses in the PCD were dealt with. There had been some dispute w th reference to fast-food restaurants with drive-throughs being a permissible use. The 1986 a~ reement stated that this was not a permissible use; however, the 1990 agreement was silent on this p(.int. That dispute was resolved specifically in the May settlement agreement. Attorney Cherof further advised that the City has transmitted this settlement agreement to Mr. Scharlin, bqt has not received a signed agreement in return as of this date. If we do not receive a copy back, we wguld be back to the 1990 agreement. The City Commission now has the opportunity to: 1. Table this item and await the settlement agreement; or o go forward and as one of the conditions of approval, the City Commission could request receipt of the settlement agreement unaltered. Michael Morton, one of the partners in the Woolbright Place Venture, said there were several exhibits w ~ich were to be prepared by the City and the Venture as part of the settlement agreement. The exhibits which were to be prepared by the City were not received by his office until yesterday. /~ ithout the exhibits and without meeting with Mr. Cherof and City Manager Parker, it was impossible to finalize the execution of the agreement. Mr. Morton was in possession of the agreement, signed by Mw. Scharlin on June 21, 1995. He also possessed a check from the Venture in the amount of $5,000 w~ich was payable to the City for their portion of the legal fees. He explained that the exhibits are leDgthy, and there was not enough time available prior to this meeting to address everything in the ex[hibits. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 He requested that the City Commission move forward with the presentations tonight for Taco Bell since th~ representative was present, and they are prepared to address all of the City's concerns. He would like to avoid a confrontation with the City. In the spirit of cooperation and good will, the Venture would like to get this project moving. If this project is delayed, it could be detrimental to the contract. If Taco Bell cancels the contract with the Venture, there would be a very big problem. Mr. Morton said h~ is prepared to sit down with the City and work out all of the agreements. He recommended dealing with Taco Bell this evening, subject to a resolution of the exhibits. Attorney Cherof advised that if the City Commission decides to move forward, a condition of approval cduld be receipt of the signed settlement agreement with the exhibits within a fixed period of time set bM the City Commission. If the signed settlement agreement is not received by the date stated, any affirmative action regarding the conditional use application would be considered null and void. Attorney Cherof suggested tabling the issues before the City Commission if Mr. Morton was not in agreement with the conditions he stated. Mir. Morton agreed that he made the statements Mr. Cherof referred to. He needs to work out the e~hibits because there were very many questions going back to 1991. Everyone has agreed to this c~rrent agreement and Mr. Scharlin has executed it. They are prepared to go forward; however, their only interest is not to be put in a negative position with the City. They do not want another situation which caused everyone much distress. M~ayor Taylor stated that the City is not attempting to cause distress, and Vice Mayor Bradley is comfortable moving forward based on Attorney Cherof's statements. Mayor Pro Tem Matson agreed th~_t the Commission worked on and voted for an agreement. If that agreement is not received within a lime certain, then the action of the Commission should be tabled. She feels the City needs to proceed s~nce we do not need another $13 million lawsuit. Commissioner Jaskiewicz is willing to listen and m~ke a judgment based on the facts. Eduardo Carcache of CKE Group, Inc., represented Taco Bell. Taco Bell is only interested in building th? restaurant as soon as possible. Mayor Taylor advised that the Commission's action will be based on the fact that the City has been as~sured that it has a final agreement. The only outstanding issue is working on the exhibits with Mr. M~rton. Mi. Carcache is hopeful that he can proceed with building permits following this review, and that the a~reement will be finalized by that time. If this issue takes longer than that, then Taco Bell will have tol reconsider its position. In[ response to Mayor Taylor's question, City Manager Parker recommended that the time certain be se~ prior to the next City Commission meeting, which is August 1, 1995. M~ayor Pro Tem Matson declared that she has spoken with Bill Lynch, Director of Leisureville, and Mr. MOrton relative to this issue. Commissioner Jaskiewicz declared that many residents of Leisureville contacted her to express their 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 concern about a fast-food restaurant which will be open until 2:00 a.m. Mgyor Taylor stated that a resident of Leisureville contacted him to discuss the hours of operation. addition, a resident of Hunters Run also offered concerns. In COmmissioner Rosen received a telephone call from a resident of Leisureville. Viice Mayor Bradley spoke with two members of Leisureville on this subject. Mir. Carcache was sworn in by Attorney Cherof. Eduardo Carcache, engineer w~th CKE Group, Inc., sa~d Taco Bell s application was submitted ~ December of 1994. Following TRC review, the applicant addressed most of staff's comments. The two remaining issues are the variance application to allow a driveway into this site closer than 100' frOm th~ property line, and the location of the drive-through window. th~en Taco Bell went through the TRC process, no mention was made with regard to the location of drive-through window. In March, a new ordinance was passed which no longer permits a drive- thiough window to face the road. This application, however, was submitted before the ordinance cl~ange. St ~ff has recommended that the drive-through be relocated so that it does not face the road. Taco Bell .s worked on this site for a very long time. The plans submitted depict the best possible configuration ~ich will allow traffic flow, stacking, and building visibility from the road. If the drive-through is located to the rear of the building, the kitchen will have to be moved. This will leave a situation ~ereby the drive-through and the dining room will not be served well. There is currently no Taco I with a drive-through in the rear of the building. Another suggestion was to rework the site plan. This site is narrow and long. Reworking the site plan wguld create dead-end parking on SW 8th Street. Dead-end parking is not desirable because when th~. patron gets to the end of the drive aisle, it is difficult to turn around to get out. The current site plan in~licates two-way flow in every direction. St~ff recommends that the first driveway be made drive-in only. The applicant is agreeable with that recommendation. On the day before the Planning and Development Board meeting, a conflict was discovered with the al~ility of the trash trucks to enter the site. They recommended that the driveway not be approved. They suggested opening another driveway into the Home Depot parking lot which would eliminate solme of the existing parking spaces in the Home Depot lot. In discussing this situation, the suggestion w~s found not to be feasible. With regard to staff's comments regarding the arch and color of the awning, the applicant accepts those cc~mments and is not opposed to working with staff. Tambri Heyden, Planning and Zoning Director, advised that the zoning code contains 12 standards MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 which must be evaluated for conditional uses. In addition, the Planning and Development Board and th~ City Commission can only consider those conditional uses which are authorized under the terms of the zoning regulations. Mg. Heyden stated that her evaluation of the following standards is based on the June 9, 1995 site plan which was submitted for review: 1. Ingress and Egress - Primary access to the outparcel is via a future shopping center driveway off SW 8th Street. Because of a recent approval of the most recent master plan modification for the PCD, which included a new median cut within SW 8th Street to align with the referenced future shopping center driveway, the classification of this driveway has been upgraded to a major driveway. The code requires a minimum of 100 feet from the right-of-way to the first access aisle. The drawing d(~picts the first access aisle at a distance of only 30 feet. The applicant is seeking a parking lot variance relative to this issue. The TRC recommends approval of the variance subject to the access aisle into T~co Bell being ingress only. This will result in the prevention of stacking in that major driveway from blocking access in and out of the parcel. FOllowing the TRC meeting, the Public Works Department made a determination that the safest access foi the sanitation vehicles would require a redesign of the dumpster access location. Public Works plans to service the dumpster by entering from the eastern-most driveway and circling around. When th~ driveway to the west was made ingress only, it caused the planned traffic pattern to shift. The shift n0 longer allows Public Works to use the driveway to enter the site. Staff recommended closing the driveway because of the conflict and providing another driveway along the eastern property boundary so that there will be two access points. At the Planning and D~velopment Board meeting, the applicant indicated acceptance of that recommendation. 2. Off-street Parking and Loading Areas - Thirty-eight parking spaces are required and the applicant will be providing 39 spaces. 3. Refuse and Service Areas - This item was discussed under Item #1. 4. Utilities - All utilities are currently available to the site. 5. Screening, Buffering and Landscaping - The landscaping plan provides all code- required landscaping and screening. The PCD regulations require a 10 foot wide peripheral greenbelt around the perimeter of the project. This parcel is along the perimeter. They have provided the pa!rking lot regulation screening which includes a hedge and trees 40' on center. Additional landscaping is recommended within the greenbelt along Woolbright Road. (This landscaping should include trees and groupings of understory plantings.) 6. Signs and Exterior Lighting - The signage shown with this project will require modification to the Shoppes of Woolbright PCD sign program. The current sign program makes no provisions for separate freestanding signs on outparcels since the outparcels were originally intended to be leased. The revised sign program is expected to set forth criteria for all freestanding signs within the PCD to harmonize these signs through similar colors, materials, lettering and/or sign height; 1] MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 possibly the use of monument signs. N0 problems are anticipated with the exterior lighting. 7. Required Setbacks - All setback requirements have been met. 8. General Compatibility with Adjacent Properties - The proposed building colors and m~terials are complimentary to and compatible with the existing Home Depot building. The building style is Spanish/Mediterranean. It is anticipated that the remaining buildings in the PCD will be compatible with Taco Bell. There has been an approval for the RaceTrac service station in this PCD, but construction has not begun since this is still in the permitting process. St~ff has recommended that the multicolored awning (fuschia, purple and yellow) be limited to one cdlor. This color could be incorporated into other buildings in the PCD. Due to the distance from Woolbright Road, staff has not made any comments relative to the backlighting of the awning. W~ith respect to drive-through windows facing public roads, Ms. Heyden advised that there has been along-standing department policy to recommend against such a situation. This department policy was cc~dified in April with the new Community Design Plan. Therefore, staff recommends that the drive- through window be located on the east side or north side of the building. Tqe Community Design Plan requires that building facades which are visible from the streets are to be as attractive as the front of the building. Staff is recommending the addition of an arch on the rear (n~rth side) of the building. 9. Height of Buildings and Structures - The height of this building is approximately 18'. It s a one-story structure and is compatible with the buildings shown on the approved master plan. 10. Economic Effects on Adjacent Properties - It is anticipated that this proposed use will h~ve a positive effect on the adjacent property within the PCD and on the City as a whole. ' 11. Conformance to Site Standards - This site will conform to standards subject to re'~tification of staff comments. 12. Compliance with Performance Standards - This project is in compliance with all as ~ects of the above ordinance. In summary, the primary issues are the location of the drive-up window, and access to a suitable dt~mpster location. Staff is recommending that the west access point be deleted which would negate th ~ need for a variance, and that a driveway be added on the east elevation. Staff further recommends th ~t the drive-up window be relocated either on the east or north side of the building. If the applicant a~ rees with these recommendations, staff recommends approval of the conditional use request subject to plans being amended to comply. Staff would not recommend approval of this request were it not fo~ the recent settlement request. In iresponse to Commissioner Rosen's question, Ms. Heyden advised that there is approximately 300 ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 fe~t from the north part of the parcel to Woolbright Road. That will allow stacking of 14 or 15 cars waiting to turn left. Mr. Morton stated that the stacking meets DOT requirements. With regard to the dumpster, Mr. Morton explained that at the present time, the truck could enter through Home Depot's parking lot and exit the first lane. The dumpster can be turned around to face so~ath rather than north. Attorney Cherof advised that the Commission might want to treat staff's recommendation as a condition if ihe applicant is willing to stipulate to it. If the applicant is not willing to stipulate to this condition, other City witnesses can testify. M~. Heyden restated that it is staff's recommendation that the driveway be closed and another entrance to !the parcel be provided on the east property line. ^~orney Cherof asked the applicant if he would stipulate to staff's r~commendation. Mi. Carcache does not feel this condition will facilitate access to the site. The applicant feels he will be~ sacrificing traffic flow for everyone in an effort to pick up trash. In his opinion, reducing the dr!veway to an in-only drive would work. Atiorney Cherof asked whether or not the applicant was willing to stipulate to the condition. Mayor Taylor responded that it was obvious the answer was "no". BBb Eichorst, Public Works Director, explained that 100 feet is necessary for the truck to be able to enlter the site to service the dumpster. At present, there is 90 feet. The opposite direction is one-way. If it was a two-way drive, the truck would block the entire street and create a safety hazard when exiting. Traffic turning the corner would not have the opportunity to stop. Mr. Eichorst recommends enlering the eastern entrance, travelling to the area where the dumpster is presently shown, servicing th~ dumpster, then turning to the east to enter into Home Depot to allow the truck to circle back and exit through their exit. This would provide for a smoother, safer operation. Mi. Carcache feels that when the truck services the Taco Bell, they will also be servicing Home Depot. The truck can enter the main driveway access from the east and then access on the parcel at the west en~trance, and go around. The applicant will rotate the trash enclosure 90°. The trash can be picked uP1 and the truck can continue north to Home Depot and exit the site. The applicant feels this proposal would work and they would not have to sacrifice everyone's traffic flow. Mr. Eichorst stated that he would not have a problem with the truck riding a little further in any direction; however, if he uses the proposal made by Mr. Carcache, the trucks would have to make a left turn across the center line 30 feet from a car turning the corner. This would create a serious safety problem. Vi~e Mayor Bradley is concerned that the western ingress/egress is a serious safety hazard. If that sitbation could be solved, then the dumpster situation could be addressed along with traffic flow. H~ving cars travelling on Woolbright turn right onto SW 8th Street and then right again 30 feet later inl;o Taco Bell is a very serious situation. Mayor Pro Tem Matson agreed with this remark. 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Condition With regard to the drive-up window, Ms. Heyden stated an additional condition. Staff recommends that the drive-throu§h window which is on the south elevation be relocated to either the east side or th~ north side of the building. This could be accomplished by rotating the building. M~'. Carcache explained that ~f the building ~s rotated to have the dnve-through facing the east property lir~e, dead-end parking results on the west side of the building. It will be very difficult for drivers to m~ke a turn to exit this area. Rotating the building is definitely out of the question. M th Io re Bi bt pi th r. Carcache expressed his surprise that there was a long-standing departmental standard relative to is issue. There was no mention of this issue going back to December of 1994. The drive-through :ation was never a question until a couple of weeks ago when the staff comments were being worked. II H,,kill, Director of Development and City Engineer, advised that with regard to turning the filding, there is the same amount of distance from each edge of the sidewalk to the building. The In could be reversed and the front entrance moved. The further the drive-through window is from drive, the greater the stacking distance available for cars awaiting pickup. In Mr. Hukill's opinion, thI sanitation trucks cannot make the turn to service the dumpster. It is remotely possible that if the drl veway was one-way in and it was moved all the way to the east, service could be accomplished. MI. Hukill is concerned that if there is anyone at the stop sign, a 38 foot vehicle leaving the site and a~empting to get to SW 8th Street will result in the vehicles being backed up across traffic. This will create a very dangerous situation. Mr. Hukill sees no conditions possible for egress at this point. If the driveway is ingress only, it must be as far east as possible. With regard to the issue of the Community Design Plan, Ms. Heyden stated that the applicant was ad.vised at the first meeting with staff that she would not support a window on Woolbright Road. Mr. Carcache stated that he had never seen anything in this regard and requested seeing this in writing. M~. Heyden advised that it was stated at the meeting. Mr. Carcache said he would have tried to work th. ts out in December, or the applicant would have said he could not do it and abandon the project. Tl~is statement is not in writing, and Mr. Carcache does not ever remember this comment. Ms. Heyden advised that this comment was not made at the TRC meeting; it was made at a meeting with Mr. Carcache and staff. In Mayor Taylor's opinion, fast-food restaurants were not allowed until May 16, 1995. There was no re~son for this to be an issue until after that since the City was not even considering this use until May 16, 1995. Attorney Cherof advised that because this is a quasi-judicial hearing, the two contrary points of view would have to be weighed this evening and resolved. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WISHING TO SPEAK IN FAVOR OF THIS PROJECT. I~ill Lynch, 1912SW 16 A,~enue, spoke as President of Boynton Beach Leisureville Community ]4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 ASsociation. He expressed his opposition to this project because of the proposed hours of operatiom He further expressed concern about the noise and traffic which will be generated. Mr. Lynch requested that the City Commission reduce the hours of operation of this project. Mir. Carcache stated that the weekday hours will be until 1:00 a.m., and until 2:00 a.m. on Friday and Saturday. 'He pointed out, however, that the market will drive the hours. /_~eWische,~13.02 SW 18th Street, represented the people and Board of Leisureville. He pointed out that the applicant refused to relocate the drive-up window during the Planning and Development Board m~eting and to consider the traffic flow. Leisureville is a retirement community with residents who go to[ bed early. Their lifestyle will be disrupted. This conditional use was not permitted until May 16. Tl~ere were no provisions for fast-food restaurants or drive-up windows until the Commission voted this in on May 16. J~se Agu!la, 800 SW] Court, feels the median cut will encourage violation of traffic laws by making "1.;" turns at Woolbright Road or the next opening to Home Depot. Adding another entrance into H ~me Depot is not necessary. He does not feels the driveway should connect to the Home Depot p~rking lot. A third access point will compound a bad situation. He reminded the Commission to a( dress the issue of rooftop equipment. Al'torney Cherof referred to Page 3 of Memorandum 95-334 in the staff report. He explained that there is la reference to 39 parking spaces being provided. Sheet A-1-A of the plans under the site analysis reiers to a total of 28 parking spaces required. He requested clarification on the required number of splaces. M~s. Heyden explained that parking is required at one space for every 100 square feet of gross floor ar~.a, and based on seats. Taco Bell has a building size of 2,616 square feet. Since there was no in~lication of seating, the assumption was that the parking was calculated based on square footage. Mi. Carcache said the original building was bigger. The building was reduced from 2,600 to 2,240. Tl~e seating was reduced from 100 to 70. Mr. Carcache felt the staff report might have been referring tothe original application for the larger building. The applicant met code at that time by providing 39 splaces.' With the building size and seating reduced, the applicant is even more above code. The .al~plicant is not seeking any variances to reduce the parking which is required by code. W~ith regard to the screening of rooftop equipment, Ms. Heyden advised that the recently-adopted C(~mmunity Design Plan ordinance states that rooftops are to be treated as part of the building elevation and all rooftop equipment must be completely screened from view at a minimum distance of 600 feet. M!. Carcache said the building has a parapet. The rooftop containing the equipment is lower than the to? of the building thereby hiding all of the equipment from view. In !response to Commissioner Jaskiewicz' question, Ms. Heyden advised that the requirement regarding screening of rooftop equipment was not in effect when Home Depot was built. Mr. Morton addressed the issue of when fast-food restaurants became available for review by the City. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 In!1989, an attempt was made to address all of the changes agreed to between the parties as part of the se[tlement. There was a settlement of cash dollars and other considerations (enhancements). The enhancements changed the 1986 agreement dramatically. When the issue of fast-food restaurants arose al~proximately two years ago, there was a difference of opinion between the Venture and the City Attorney with regard to interpretation of the agreement. In court, the judge ordered mediation. Mayor Prb Tem Matson attended the mediation along with Chris Cutro, the City Planner at that time. Some of[the issues concerned ambiguities and implied unwritten issues that were in the agreements. There was nothing new on May 16. Fast-food restaurants were always contemplated in the master plan. In lC)86, they were removed so as not to fight with the City. The Venture agreed to a series of drastic re~luctions. The project was reduced from 764 units to 450 multi-family and 70 single-family units. Although this was voted on and ratified, the City did not permit that plan to go forward. It resulted in l it!gation. l}ie issue of fast-food restaurants arose again when a contract was signed with Taco Bell in June of 1494. In Mr. Morton's opinion, the May 16th document is a clarification document. Mr. Morton said h~ agreed to many other things in the May 16th document which are not clear, but are very important toithe City such as negating his window of time (1986) with respect to codes and ordinances. l}~e Venture would not like to see laco Bell disapproved and their contract cancelled. Mr. Morton b~lieves laco Bell can reconfigure the parking lot to address some of the ingress/egress issues. Mr. M~rton is aware of the Commission's discretionary power to approve a drive-through; however, when this plan was submitted, no ordinance existed relative to the location of the drive-through. With regard toithe issue of the drive which runs through the property into Home Depot, the 1990 master plan d{picts this scenario. At that time, there were many discussions with the Commission relative to the nt~mber of entrances into Home Depot. One of the concerns which surfaced was the "U" turn being mhde at the main entrance to Home Depot. lhis concern facilitated the break in the median. With regard to this project's proximity to Leisureville, Mr. Morton feels that Leisureville is a maior force in. idetermining what will happen in the City, as well as it being a major force in the politics in this City. l~is proiect is approximately 2,000 feet from the nearest home in I_eisureville. The apartments and Racetrac are a great deal closer. Racetrac will be open 24 hours. Taco Bell will not impact Leisureville in iany way. Mr. Morton stated that he was very concerned about the homeowners on Ocean. A row oflhedges was installed to buffer the lighting to protect the homeowners in this area. Agreements have b~en made to install a berm between Leisureville and the lake on the north end of the project. Mr. Morton realizes that there will always be homeowners in keisureville who will oppose any proiect near their homes. Mi. Morton reiterated that the drive-though must remain where it is currently located because Taco Bell wi[Il not reconfigure the store. Mr. Morton will meet with Taco Bell tomorrow to work on reconfiguring th~ parking lot. He requested that the Commission approve this project with that as a condition and leave the drive-through at its present configuration. COmmissioner Jaskiewicz said the installation of the berm and the hedges was in lieu of a wall. Mr. MOrton disagreed, and stated that there was never a wall considered at the location. That location always called for a landscape berm. The berm was built five years ago. ]6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Mayor Pro Tem Matson clarified that she participated in the mediation, but at that time, the majority o! the mediation involved the Winchester property, the access road, and Racetrac gas station. Fast-food restaurants were not a part of the mediation until Edward Harmening was part of the mediation team. Hr. Morton agreed with these remarks and added that fast-food restaurants were not an issue at first .since it was always considered that they were an allowable use because of the PCD/C-3 designation mi 1990. A!torney Cherof stated that fast-food restaurants have always been an issue of concern during the time h~ has been involved in this situation. Hopefully, it has finally been resolved. M~yor Taylor explained that there is no way he can support this project with the present configuration .I since he has some serious safety concerns. Mayor Taylor asked Mr. Morton if he would like the City C~mmission to table the issue until a future date. In response, Mr. Morton said he would like to see !.hl.s project approved subject to an ingress/egress situation which is acceptable to the City Commission. With regard to the remainder of the project, Mr. Morton urged the Commission to approve it as pr~esented. Motion G~mmissioner Rosen moved to accept it with staff recommendations. A~torney Cherof recommended that the motion be made more specific since there are two conditions sti ~ulated by staff. C(~mmissioner Rosen clarified that the motion includes the conditions stipulated by staff which are the mbvement of the ingress to the eastern portion and the location of the drive-in window be changed eilher to the east or north end. Vi~ce Mayor Bradley seconded the motion. Atlorney Cherof reminded the Commissioners to insert a clause in the motion as follows, "provided that such approval shall automatically be rescinded if the settlement agreement between the City and H~ward Scharlin is not signed and delivered to the City before August 1, 1995". C(~mmissioner Rosen and Vice Mayor Bradley agreed to incorporate that clause in the motion. Mayor Taylor reminded everyone that he is not against the fast-food restaurant; however, he is opposed to it in its present configuration. He believes the property owner has a right to develop that property wilh the City's approval, and the developer does have the right to build a fast-food restaurant on the property. The configuration proposed presents safety concerns. The motion carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) MAYOR TAYLOR DECLARED A RECESS AT 8:50 P.M. THE MEETING RECONVENED AT 9:00 P.M. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Project: Agent: Owner: Location: Description: Taco Bell at the Shoppes of Woolbright PCD Eduardo L. Carcache, CKE Group, Inc. Taco Bell Corporation Northeast corner of Woolbright Road and SW 8th Street PARKING LOT VARIANCE: Request for relief from Chapter 23 - Parking Lots, Article II, Section H.5., Land Development Regulations to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 100 feet to 30 feet. A!torney Cherof recommended incorporating the comments made by staff and the-applicant at the p~evious hearing for the conditional use. E~luardo Carcache was of the opinion that by approving the conditional use with the stipulations made, the variance has already been denied. Mr. Carcache had nothing additional to add. Staff had nothing a(lditional to add. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE IN THE AUDIENCE ~A'HO WISHED TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO THIS REQUEST. Mbtion ViCe Mayor Bradley moved to deny. Commissioner Rosen seconded the motion which carried unanimously. C. Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRAWN AT THE PLANNING AND DEVELOPMENT BOARD MEETING Agent: A.M. Pascual EGN, Inc. Owner: REWJB Investments, d/b/a Farms Stores Location: Northwest corner of Boynton Beach Boulevard and NW 7th Court Description: CONDITIONAL USE: Request for conditional use approval to construct a 756 square foot drive-through, convenience store with two drive-up windows on a .29 acre parcel Tt~is item was withdrawn at the Planning and Development Board meeting. ]8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 D. Project: Farm Stores APPLICANT REQUESTED THIS ITEM BE WITHDRAWN AT THE PLANNING AND DEVELOPMENT BOARD MEETING Agent: Owner: Location: Description: A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farms Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court PARKING lOT VARIANCE: Request for relief from Chapter 23 - Parking Lots, Article II, Section H.3., Land Development Regulations to allow a driveway on Boynton Beach Boulevard to be located 53 feet, rather than the required 180 feet, from the intersection of NW 7th Court; and Request for relief from Chapter 23 - Parking Lots, Article II, Section 1.1, Land Development Regulations, to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, 90° parking Tldis item was withdrawn at the Planning and Development Board meeting. VI St di S~ w~ pr. cl~ be R( ag I. PUBLIC AUDIENCE: ~lla Rossi, 625 Whispering Pines Road, read a letter she wrote to City Manager Parker. She ~tributed copies of the letter to the Commissioners. The letter documented the site back to 1984. e spoke of the permitting process involving the 15-acre parcel on Seacrest Boulevard at the south d of Boynton Beach. It is her opinion that the destruction which took place to the flora and wildlife Ls deliberate. It is apparent that the Tree City ordinance was not upheld. The 25 percent set aside ~servation area was destroyed by bulldozers. One acre of the ground facing Seacrest was completely ~ared of all vegetation. She questioned what the City intends to do about this situation and what will done to prevent this from happening in the future. A citizen reported the situation on High Ridge ,ad to the Florida Game and Fresh Water Fish Commission. Another citizen has now called them ~in because of these violations. Ms. Rossi requested receipt of the biosurvey requested by the Florida G~me and Fresh Water Fish Commission of the developer. M~yor Taylor advised that the City Manager will investigate this situation. City Manager Parker stated that prior to the clearing and grubbing, Kevin Hallahan walked the site with th~; developer. The tree areas at the site on High Ridge Road were marked. The contractor has admitted his mistake in that area. In this situation, the City has not yet received information from the contractor. Our permit was for clearing paths in the underbrush only. The contractor went beyond the permit. We will follow up with miiigations. It is also believed that the Florida Game and Fresh Water Fish Commission will be fining 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 th~ conti;actor. M!ayor Taylor asked City Manager Parker to keep Ms. Rossi up-to-date on what is happening with this si!uation. City Manager Parker advised that another resident, Mary Law, contacted City Hall on this same issue. M~ary Law, 625 S. Federal Highway, spoke about the Hills of Lake Eden property, formerly known as Rq~lling Wood. On July 12, 1995, Ms. Law questioned several City employees to determine why the prbperty was being cleared by a bulldozer. No answer was forthcoming that day. In the evening, she w~lked the property and found that native plants and trees were bulldozed to the ground. She also saw eqidence of several gopher tortoise holes covered up by the bulldozer. At 7:45 a.m. on Friday, Ms. L~w walked the property before City employees arrived to meet with her. The bulldozer was working toward the southwest ridge. The driver of the bulldozer said the only instruction he was given was to clear the property. When the boss arrived, the City employees advised him that he had gone beyond the permit and they could not continue until another permit was issued. Ms. Law requested clarification on why the permit was issued and questioned how this can be prevented in the future. S~ e urged the Commissioners to walk the site to see what happened on this property. City Manager Parker reiterated that work was immediately stopped when a determination was made th ~t the contractor exceeded the contract. The permit was issued to facilitate a tree count. In Ms. Rossi's opinion, Florida Game and Fresh Water Fish Commission will probably not do much al~out this situation because they are very limited to gopher tortoises. It is the City's responsibility to h~ve the contractor compensate for the damage. M~ayor Taylor suggested reviewing the procedures for issuing such permits and making sure they stay w!thin the boundaries of the permit. M~ayor Pro Tem Matson questioned whether or not any City staff~fo,llb~s t~p.'on,.tb~s~e' permits. City M~nager Parker advised that this damage was done within a two-day period, Staff is in~?estigating the erlvironmental impact. The Florida Game and Fresh Water Fish Commission will investigate the impact or the gopher tortoises. C4~mmissioner Jaskiewicz recommended raising the thermostat for the next City Commission meeting si~ce the Chambers are very cold. VIII. DEVELOPMENT PLANS: A. Project: Papa John's Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of NW 7th Court and Boynton Beach Boulevard Description: LANDSCAPE APPEAL: Request for a landscape code appeal to , overhang a required landscape strip with bumpers of parked cars. See motion following discussion of Item B - New Site Plan. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Project: Agent: Owner: Location: Description: Papa John's Interplan Practice, Ltd. Papa Johns USA Northeast corner of NW 7th Court and Boynton Beach Boulevard NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres. Bemmie.Eustace, of Interplan Practice, Ltd., introduced Don Godsey, Director of Instruction, and Jim COstello, Project Manager. Mi. Eustace advised that they have been working diligently with staff to resolve some of the outstanding issues with this project. She distributed new plans to the Commission which depicted how the issues were addressed by the applicant as a result of the last few meetings. One of the outstanding issues was insufficient parking. A second issue involved the car overhang into th'e required landscape buffer. A third major staff issue was the dumpster location. St ~bsequent to the submittal of the package for review, the applicant worked with Wendy's who shares a :ommon property line with this project. They have acknowledged that they would be willing to p~ovide a cross-access easement across the back of the site. On the new plan, Ms. Eustace showed w~ere the front parking has been shifted so that the pylon sign is now moved to the corner. With regard to the issue of the dumpster pickup, the cross-access agreement would allow the truck to enter th~ Papa John's site through the Wendy's site. The applicant realizes that this plan will have to go back thlough technical review. Tl~is new plan has eliminated the need for the reduction in parking; thereby eliminating the need for a I~arking lot variance. The applicant was granted a variance for the elimination of a loading zone. The n(~w plan shows no encroachment into the landscape buffer; thereby negating the need for the la~dscape appeal. She requested that the City Commission approve the conditional use subject to the al~plicant satisfying all staff comments. A~. a result of the number of issues which were raised during the last few meetings, the applicant has attempted to be sensitive to neighborhood concerns. The adjustments in this site layout address some of the residents' concerns. The retention pond has been relocated to the east property line rather than al: utting the residential area. Traffic flow would keep the trucks from travelling down NW 7th Court. T~ere were concerns expressed regarding delivery trucks turning down NW 7th Court and travelling through the residential area. Papa John's will work with Mr. Eichorst to provide "No Thru Trucks" si[~ning on the road to discourage truckers from using that'roadway. Tl~e elevations which were originally submitted raised concerns about the building being bland, and th~ awnings not being continuous. Changes have been made to the architectural elevations. The solid green awnings have been broken up with arches. In the new plan, all four sides of the building have been addressed. THe applicant has submitted a traffic study which staff has reviewed. The level of service on Boynton Beach Boulevard is acceptable. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 The applicant has attempted to address each item as it arose. They are aware they must go back thlough technical review, and they know they must make the drainage work. The applicant feels comfortable with the new layout, and the cross-access agreement will allow them more latitude. Mi. Heyden confirmed with Ms. Eustace that the landscape appeal was being withdrawn by the alqplicant. Ms. Eustace stated that the applicant would formally withdraw the landscape appeal if the C~mmission was willing to vote on the new plan submitted this evening. Mi. Heyden advised that she looked at a new site plan during the Board of Adjustment meeting, and fo lowing that meeting, she worked diligently to coordinate staff comments. In addition to the cc mments already in the back-up material, Ms. Heyden stated the following: 1. The cross-access agreement would have to be provided because this project is dependent upon that agreement with Wendy's. Ms. Heyden has not seen such an agreement yet. 2. The driveway on the north side of the building, which will be used for dumpster access, should be widened. At the Board of Adjustment meeting, the loading zoning variance was approved. It is imperative to know that the sanitation vehicle will be able to pass a delivery truck that might be parked along the north side of the building. 3. The Public Works Department has seen the latest site plan. Mr. Eichorst wants to ensure that the alignment is satisfactory; therefore, the alignment with Wendy's would have to be satisfactory to the Public Works Department. 4. The awnings have been deemphasized and the building is scored concrete block which is acceptable. Since all of the buildings in the area are earth toned, Ms. Heyden would prefer earth tones rather than gray for the building color. If~hese four conditions can be attached to an approval, Ms. Heyden believes staff can work with the applicant in the permitting process and this project would not have to come back before the City COmmission. C~mmissioner Rosen pointed out that the applicant stated at the Board of Adjustment meeting that d( nc W~ ar~ to fe, liveries are made by a certain hour and would not be in conflict with trash pickup. Ms. Eustace does anticipate a conflict between deliveries and trash pickup; however, she realizes that Mr. Eichorst uld like an assurance that the trash truck could bypass a delivery truck if that situation arose. There ,~ 22 feet shown at the rear of the building; however, that narrows to 14 feet. The applicant will have widen that area to Wendy's. Widening that area will allow two trucks to bypass each other with four ,~t remaining, and it will improve the turning radius from Wendy's onto the Papa John's site. MI. Eustace stated that the applicant is not opposed to the cross-access agreement or the widening of th~ driveway; however, they would like to maintain the color gray since it is part of the Papa jOhn's ~mage. Bill Hukill, Director of Development and City Engineer, expressed concern because there is an eye 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 elevation difference between the Wendy's property and this parcel. If that compounds an "S" curve fC~r the truck going through that area and for the drive-through traffic at Wendy's, he does not know what the end result might be. In addition, there may be a drainage problem. Ms. Eustace stated that the applicant will provide full drainage calculations at the Technical Review COmmittee level. Vice Mayor Bradley inquired about the noise, odor and buffering planned between this project and the re[sidences. He expressed surprise that the dumpster location is planned so close to the residences. H~ is also aware of the residents' concerns about the retention pond. Mayor Taylor questioned the number of employees that will be working.in the building. One of the representatives advised that the operation will begin with a staff of three employees and four drivers. Mayor Taylor is concerned with the parking situation because the applicant shows five parking spaces a~d one handicap space. With the number of employees and deliverers, anyone attempting to pickup fr(~m Papa John's would not have a space to park their vehicle. The Papa John's representative stated th~at they have had conversations with Wendy's regarding allowing their employees to share a spot in th~ Wendy's lot. Ms. Eustace reminded the Commissioners that the majority of the business is delivery- o~iented. There are no seats in this restaurant. d~ p~ AYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. se Aguila, 801)SW1 Court, commended Ms. Eustace for doing an outstanding job of trying to ~ticipate every question. He pointed out, however, that there are incredible problems on this operty. This is a situation often pounds of building on a five pound site. He is concerned about the Jmpster being located so close to the residential property and no buffer wall is indicated on the north operty line. There is only one and one-half feet available for landscaping. Using Wendy's parking will not work. If they do not have surplus parking; a car would have to back up the entire distance out onto the street because there is no where else to go. This is too much of a project to fit on this small p~rcel. Anything but a denial Would be irresponsible. Ri OI V( chard ~Prince, ~334a~ ~Court, expressed concern about the lack of a buffer wall and the traffic fety hazard to school-aged children when deliveries are made between 8:00 a.m. and 10:00 a.m. ~ere is no where a delivery truck can go to turn around. In addition, the dumpster will be sitting out ~ NW 7th Court. It will bring rodents to the community. This use will bring noise and speeding hicles to the community. D'~n Connor, 404 1~1~7 Court, advised that until recently, that portion of the street was a dead end. Si ~ce DOT changed the road, there is a great deal more traffic on the street including semi-trucks. Many of the children of the community play on the street. He does not object to commercial d~velopment, but this type of development is objectionable. He is already experiencing a rodent prbblem in this community and is already subjected to the noise from the speakers at Wendy's drive- thtough. At present, people who turn into NW 7th Court and realize they cannot go any further, use Mi. Prince's driveway to turn around and go back to Boynton Beach Boulevard. Mr. Connor raised th~ issue of the elevation at the Board of Adjustment meeting. He believes six to seven inches of fill will be required to bring this site up to the same elevation as Wendy's. The retention pond will 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 prpbably not handle the overflow of water from Boynton Beach Boulevard. This would be a good development if the site could accommodate it. C(~mmissioner Jaskiewicz commended the developers in their efforts to comply with staff's recommendations. Although she would welcome this project to the City, she does not believe this site is ~he right site for this business. It will present too many negative impacts on the community. Vi~ce Mayor Bradley feels this building is too big for such a small site. He felt that if the building could b~ rotated 90°, it might result in a little bit more room on the site. The dumpster could be moved away from the residences. A~ter driving past this site, Mayor Taylor cannot imagine how this project can fit on this space. He e~pressed concerns about the remarks made by the public. He feels there is a bad situation at this Io~ation presently, and this project would cause an even worse situation. Mi. Eustace stated that the applicant currently meets the parking requirements. They are working very h~rd with staff and Public Works on the dumpster location issue. They have also worked very hard to orient the building to make the project work. The parcel of land is zoned properly for this use. She fe~ls some of the concerns will be issues regardless of what is built on the site. The applicant believes this development is small enough to fit. Even though the rear buffer wall was inadvertently left off the .al~plication, they realize they are responsible for building it. It was on the initial plan and they know they must buffer the residences. They are trying very hard to work with the City to make this site d(~velopable. She urged the Commission to consider the fact that the project meets code requirements. M~yor Taylor advised that he is not convinced that this project meets the parking requirements because all of the spaces w~ll be ut~hzed by employees. He is concerned with the manner in which people will halve to enter this site, turn around, or back out of the site. He feels there is a safety issue involved. M~. Eustace stated that by code, they are required to have only a 21 foot drive-up. They have a 27 foot drive-up. They feel there is sufficient room for a car to back up, turn around and exit the parcel. Mayor T~ylor feels the applicant did the best possible job with what he had to work with; however, it is not en~ough. M~yor Pro Tern Matson asked for advice from Attorney Cherof with regard to the City's legal standing if !he Commission denies this request even though the applicant meets code. Attorney Cherof stated that because of the lateness of the filing of this plan, staff has not had an opportunity to give this project m~ch thought. He suggested that if the applicant is certain this project will work, and they need time to[work with staff, the Commission could make a motion to table action at this time. Vi~ce Mayor Bradley said that if such a determination is made, he would like the applicant to consider ro~;ating the building 90°. By doing that, it will eliminate the need for the truck to pass in the rear to se!vice the dumpster. If the dumpster is located near Wendyts, it is possible an additional parking sp~ce can be achieved. Mayor Taylor advised that without any proof as to what Wendy's will decide, he was not comfortable supporting this application. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Motion Vice Mayor Bradley moved to table this to the next meeting.. Commissioner Jaskiewicz seconded the m~tion. a C[ th TI M ayor Pro Tem Matson suggested that the motion incorporate the receipt of drainage plans and the ~proval of those plans, and the acceptance of plans which detail the disparity in the elevations, the Dss-access parking agreement with Wendy's, and the minor alignment with Wendy's to accommodate e turn radius. torney Cherof disagreed, but advised that this is a clear message to the applicant that the motion to 31e is being made to give them the time to address those concerns before the Commission votes on is matter. ~e motion carried 5-0. Ao Project: Agent: Owner: Location: Description: Papa John's Interplan Practice, Ltd. Papa Johns USA Northeast corner of NVV 7th Court and Boynton Beach Boulevard LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. orion 'I V~,ce Mayor Bradley moved to table the landscape appeal. Mayor Pro Tem Matson seconded the mJ~tion which carried unanimously. Project: Agent: Owner: Location: Description: Clear Copy, Inc. George C. Davis Bob Feldman Southwest corner of Boynton Beach Boulevard and NW 7th Street NEW SITE PLAN: Request for site plan approval to construct a 3,780 square feet, two-story building on a .225 acre parcel G ~orge Davis, 1100 S,; Federal Highway, i ntrod uced Steve J:e!dman,2]]~S.~ Federal_ Highway. M r. D.~vis explained that this is an odd-shaped piece of property, but the applicant has managed to comply w th the setbacks and all other requirements without having to seek variances. This application was al~proved by the Planning and Development Board. The traffic survey shows that this use will produce vqry little traffic. He urged the Commission to approve the project. Mi. Heyden advised that the recommendation from the Planning and Development Board was a 5-1 vote for approval subject to staff comments. There was a great deal of discussion at that meeting with regard to dumpster accessibility and egress onto NW 7th Street. Ms. Heyden has confirmed with Mr. EiChorst, Public Works Director, that although it is a "tight squeeze", he will be able to service the 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 dLimpster. Therefore, staff recommends approval subject to staff comments. Mayor Pro Tem Matson said that in researching the project after receiving telephone calls from citizens, there were Engineering memos from May 15 and May 18 to Ms. Heyden from Ken Hall whereby ccJmments were submitted stating that the driveway is too close to the right-of-way line of Boynton B~ach Boulevard. Per Chapter 23, Article 2.H.3, an application for a variance is required because 180 feet is required. She pointed out that Wendy's and Texaco requested variances. She questioned why those busi-nesses were required to seek variances, but this project is not. M~. Heyden stated that she has researched this issue herself and there are three or four projects where the driveway distance of 180 feet is not measured on the side street. It is measured on the thoroughfare (B~ynton Beach Boulevard). Based on that historic interpretation, this project is consistent with how that has been done. Therefore, a variance is not needed and the City Engineer concurs with that st,~tement. M~yor Pro Tem Matson said the frontage shown on NW 7th Street has only 22 feet of easement from the sidewalk. Per our code, minimum frontage should be 30 feet. Mi. Heyden stated that the setback of the building from NW 7th Street meets code. This issue was d( bated very early on when this site plan was submitted. Originally, they were requiring a Board of A~]justment variance. However, they changed the building design which negated the need for a riance. This building meets code. v~ r. Feldman added that the setback is the frontage on Boynton Beach Boulevard which is 30 feet. The le of the building which faces NW 7th Street is considered the side setback which requires a 20 foot :back. Ms. Heyden explained that the front of the building is on Boynton Beach Boulevard. Mayor Pro Tem Matson pointed out that no entrance is shown on Boynton Beach Boulevard. Ms. Heyden responded that the measurements have nothing to do with entrances. It is calculated by looking at the re~t of the lots on the block and determining which side of their property is called the frontage. Commissioner Jaskiewicz questioned whether or not this meets height requirements since it is the only bgilding in that area which is two stories. Ms. Heyden advised that this project is within the height lir~itation for the zoning district. She pointed out that although the buildings on both sides of this project are only one story in height, both of them have towers on top of their buildings. Gateway C~nter has a building height of 30 feet. M~yor Pro Tem Matson feels this is a very poor plan. It is the only two-story building from 1-95 to C9ngress Avenue. In addition, she is concerned about the lighting. It appears that there is a light pole tal~ing up one of the parking spaces. Mr. Davis advised that the light pole is in the landscape strip. M~yor Pro Tem Matson added that another problem she has with this project concerns the fact that there are no overhangs and there is no roof pitch. She does not believe it will meet the code requirements relative to overhead garage doors. M?~YOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT TO SI~EAK IN FAVOR OF THE PROJECT. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Mark Roberts, property owner in,he_medical building, feels the property owner should be allowed to develop this property, but feels this site plan should be rejected since it does not fit in with other commercial development along Boynton Beach Boulevard. He reiterated remarks made by Mayor Pr° Tern Matson regarding the building height, building frontage setbacks, architectural appeal, and roof piitch. Mr. Roberts owns the property next door. He explained that many times neighborhood children c~ngregate on the property. This proposed project will shield the back part of the lot, thereby decreasing visibility and probably resulting in rising crime. Mr. Roberts stated that the site plan does not meet the land development regulations and variances should be obtained for the location of the egress driveway on SVV 7th Street. The lighting design will not permit the required number of parking spaces. The light fixture pole locations will not allow the re~tuired 27 feet of unobstructed backup for each parking space. The adjacent property to this project does not meet the landscaping requirement; therefore, this project is required to provide the additional buffer zone. If the applicant is required to provide the additional buffer zone, a variance will be required because it would not leave the required 27 foot back up area. In addition, the code requires that the sidewalk be 10 feet wide. At the southwest corner of the project, the plan calls for the sidewalk tc narrow down to almost 2 feet at the intersecting points of NVV 7th Street and NVV 1 st Avenue. If the si:lewalk continued at .5 feet, there would not be enough room for one of the parking spaces. Eliminating that parking space will leave the project with one too few spaces. Mr. Roberts pointed out that according to code, buildings along Boynton Beach Boulevard shall not h~'~ve overhead doors on the building facade that faces a public or private street. The code also requires a '~ninimum setback of 30 feet from the front of the building. The proposed building has only 22 feet roi the property line. Mir. Roberts believes this site plan should be denied. Mike Barry206 Scarbrough Lane, objects to this building because of its inconsistency with surrounding ar :hitecture. He is especially opposed to the building being two stories and the lack of aesthetics fa=lng Boynton Beach Boulevard. J~se. Aguila, 800 SW.!~Court, feels there is a difference between meeting code and approving a prloject. He feels that the codes are guides and minimum standards for the review process. Mr. Aguila feels this is another case of too much on this site. He expressed surprise that Mr. Eichorst cz n service this area. He also feels there is a lack of sensitivity to the neighbors. Sensitivity to the n~ighbors to the south has been ignored. The building design is too bland. Many things need to be done to improve this design. The scale of the building needs to be lowered. The color is not cc~mpatible with adjacent buildings. The color is too pink. The applicant put shutters on some windows, but ignored the majority of the windows. A great deal more can be done with stucco banding, sills and shuttering all of the windows. The roof pitch is too short and needs an overhang. Ti!e accents could be added along with a false chimney. Tl~e handicap parking space is very difficult to maneuver. It is against the egress to the site and will 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 result in a vehicle backing into traffic when exiting the site. He does not understand how a printing company can have only one dumpster. The requested sign on BoYnton Beach Boulevard is too large. Additional landscaping is needed. ~Tl~e property owner should be allowed to develop his site, but if the applicant will not improve on the layout and design, then the Commission should ensure that the project is one which the community d(~serves. Mr. Aguila recommended that the Commission request that the applicant increase the roof pilch, provide an 18 inch overhang on all four sides of the building, provide raised stucco bands, raised sills on all windows, decorative Shutters on all windows, modify the building color to a more orange o! tan base to be compatible with the roof tile selected on the adjacent buildings, not to place any signage on the lower roof abOve the entry door, consider a chimney, cupola or some other oqnamentation on the roof, redUce the site sign by providing a 3' x 6' sign on a 47 x 6' base with fo~undation planting, increase the hedges at planting to 30 inches, increase all trees at planting to 12 feet, and provide much more landscaping along 7th and 1st Avenues and Boynton Beach Boulevard. ~ r. Aguila further recommended that the architect make the modifications and present them to the City G~mmission as opposed to working them out with staff. H ~go Sentmanat, 633 NWI Avenue, said he is close to the doctor's office on 7th Street and 1st A'fenue. He is concerned with the children who congregate in the parking lot. He feels this two-story bt~ilding will shield this activity from the view of the police. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Mir. Davis reminded the CommisSion that the applicant came to this meeting with staff approval subject to[staff comments, and he is overWhelmed by tonight's remarks. Some of the things mentioned cannot be done. He felt it was the Commission's decision to either listen to the remarks of the residents, or tr~st staff's recommendation. Mi. Heyden wished to respond to remarks regarding the following items: 1) landscape strip adjacent to[the medical office building; 2) the lack of a parking lot variance for the driveway on 7th Street; and (3t the overhead doors. With regard to the landscape strip, if there is a landscape strip on the adjacent property to screen pa~rking on an adjacent propertyi our landscape code does not require another landscape strip. This was brought up at the first round of comments, and the applicant put on his plans that he had to verify that the landscape strip met code. If the width of the landscape strip does not meet code, then it is a code violation of the property owner. Staff verified that the existing landscape strip meets code. Wlith regard to the parking lot variance, the regulations state that parking lot driveways shall be constructed at least 30 feet from the intersection of right-of-way lines along local streets and 180 feet on streets of a higher classification. On the map, Ms. Heyden indicated that Boynton Beach Boulevard is iconsidered a street of a higher classification; therefore, any rights-of-way onto Boynton Beach Boulevard must be 180 feet from the intersection. Driveways on local streets (NW 7th Street is a local street) only require 30 feet from an intersection. The last two projects on Boynton Beach Boulevard with driveways off the side street are Kentucky Fried Chicken and the Agnello building. Those 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 driveways did not need 180 feet and did not require a variance. In reading the language regarding overhead doors, it is easy to see how someone might interpret that the overhead door on the applicant's south elevation is not permitted. When this language was written, that was not Ms. Heyden's intent. The section indicates the streets in the City where overhead doors are not permitted. Ms. Heyden feels the comments regarding architecture are very good, and staff made comments regarding the color of the building. In response to Mayor Pro Tem Matson's question concerning the trash trucks, Mr. Eichorst stated that 45 feet are required to turn the vehicle. While this is a very tight turn, the trucks can make it. Mayor Pro Tern Matson stated that our Community Design Plan requires that the facades of buildings that face major roads are to be designed as atrractive as the front of the building. Ms. Heyden agreed add displayed the elevation which faces Boynton Beach Boulevard. Commissioner Jaskiewicz questioned whether or not the applicant could improve the aesthetics of the project. Mr. Davis explained that the reason for the lack of a pitched roof is the 25 foot height limit. Tt~ere are two ceilings which are between eight and nine feet each. With regard to overhangs on commercial properties, the overhangs must go to the setback lines. For every foot which overhangs, thi~ building must be set back. This is the minimum size building necessary for the applicant to conduct his business. Ms. Heyden confirmed for Mayor Taylor that she wrote the language regarding overhead doors. Her intent was not to prevent overhead doors on a side street. She identified the streets where overhead dQors are not permitted, but she realizes that the language could lead someone to interpret that this overhead door is not permitted. In response to Mayor Pro Tem Matson's question, Ms. Heyden confirmed that the overhead door cannot face Boynton Beach Boulevard. However, in this case, the overhead door faces the south. Mayor Pro Tem Matson said her problem with this project is that it is going into the area the City is trying to revitalize. She is concerned with Public Works servicing this site and the signage planned for th~ site. This property should not be the only two-story building in this area and she does not feel it is aesthetically pleasing to the surrounding community. Mayor Pro Tem Matson moved to deny the project. Vice Mayor Bradley seconded the motion which cairried 3-2. (Mayor Taylor and Commissioner Jaskiewicz cast the dissenting votes.) D. Approve request for dredge permit for 930 Greenbriar Drive City Manager Parker referred to the back-up material which reminds the Commissioners of the fact that the Land Development Regulations require Commission approval of this item. Staff recommends 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 approval subject to the five conditions set forth in Mr. Hukill's memorandum to City Manager Parker dated July 13, 1995. MOtion Mayor Pro Tem Matson moved to approval the dredge permit for 930 Greenbriar Drive subject to the five conditions. Commissioner Rosen seconded the motion which carried unanimously. NEW BUSINESS: A. Items for discussion requested by Mayor Jerry Taylor Reduction of time frame for solicitation permits for non-profit organizations When Mayor Taylor received a copy of a solicitation permit for the Leukemia Society in the mail, he realized that the time period covered is one year. In his opinion, this time period should be changed to a short amount of time because this allows solicitation for 365 days. COmmissioner Jaskiewicz said she has heard the concerns of many residents relative to this issue. She feels it should be revised for a limited period of time, not longer than 30 days. M~yor Taylor feels a time should be requested, and then the Commission can make a decision on a ca~e-by-case basis. City Manager Parker advised that this would require an ordinance change. Cdrrently, these permits are handled administratively. In that case, Mayor Taylor feels a maximum time li~it of not more than 30 days should be put in effect. M~yor Pro Tem Matson advised that at times, there are solicitations by some of the fraternal organizations who can only solicit at certain times. In a City of 50,000, they would have to cover a great deal of territory within 30 days. In !esponse to Commissioner Rosen's question, City Manager Parker advised that the requesting party fill~ out a form telling the City that at certain times, they will be soliciting. Co[mmissioner Rosen moved to table this item until the next workshop meeting. Commissioner Jaskiewicz seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) 2. Proposal regarding billboard locations A Proposal has been received from the two billboard companies in the City. The proposal involves the immediate removal of 14 billboards, and installation of up to six billboards on leased property in areas away from residential areas. Mayor Taylor advised that the billboards will have to be removed in four years; however, that may not 3O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 h~ppen because many of the places that have tried to remove these billboards are now in litigation. Tl~e County is going through this process and they have agreed to remove 50 immediately, and 50 within a year. The remaining 300 billboards will remain forever. Tl~e proposal from Design Graphics offers the City a percentage of the profit made from the billboards. TI3at percentage is open to negotiations. Ifa vote is approved tonight, the motion would be for the City to[ enter into negotiation on the deal. S~nator Wexler, acting as attorney for the client, was present. He stated that the reason he agreed to become involved in this situation is that public policy was well represented. In the City, or bordering or~ the City, are 14 billboards. Most, or all of them border on residential communities. As a result, they ar~e part of the City residential community. The proposal brought forth would authorize the City M~anager to go forward with negotiations. It would reduce the number of billboards from 14 to eight. The two companies with ownership rights for billboards would voluntarily remove the 14 billboards arid replace them with eight on industrially-zoned property bordering 1-95. This will achieve the reduction of the number of boards and move them to a less objectionable property. This action will al~o reduce or eliminate the. possibility of litigation with these large outdoor companies. Senator Wexler urged the Commission to authorize the City Manager to negotiate and bring back an agreement for approval or rejection. Commissioner Rosen referred to the proposal and questioned whether the figure of $50,000 per year w~uld be the City's portion of the profit. Senator Wexler advised that the figure would be negotiated. Cgmmissioner Rosen inquired as to the amount of income earned. Senator Wexler was not aware of th~ figure, but suggested that the City Manager investigate to determine that amount of money and then negotiate the City's take. M~ayor Pro Tem Matson questioned how many of the 14 billboards are actually within the municipal b(~undaries. Senator Wexler responded that eight of the billboards are within the City boundaries, and scme of the remaining six are in areas scheduled for annexation. Mayor Pro Tem Matson pointed out that we are not really eliminating any billboards within the City limits; they are just being moved to ot[~er locations. Mayor Pro Tem Matson stated that she received telephone calls from residents of Village Royale on the G 'een and Skylake. There are residents who do not wish to overlook these billboards. She pointed o~t that we do not have any billboards along 1-95 currently, and our City looks beautiful. In her ol~inion, the billboards look atrocious and are not her vision for this City. We are in the process of n~gotiating to bring Bass Pro to our City. They were explicit about the pristine nature of the area they were interested in. They did not want overhead power lines. She feels certain they will not want billboards overlooking 1-95. In addition, this sends a message to the residents of VRG and other areas suirrounding it and northeast Boynton, that their properties are not as valuable as those who are now loOking at these billboards. Senator Wexler advised that there is nothing definite about where the billboards would be placed. This proposal is not to create an uproar in any community. There are many possibilities. 3] MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Mayor Pro Tem Matson said the City took a firm stand to grandfather out the billboards we now have. We only have four years left. Some of the billboards being mentioned would be going anyway because the County is cracking down on them. In four years, we will have no billboards. Why would we want to add billboards into the City and have them forever. Once a billboard is placed in a federal right-of-way, it cannot be removed. Ini response to Vice Mayor Bradley's question, Senator Wexler confirmed that there are no plans to put th~se billboards on a federal right-of-way. They are planned for the M-1 zone. Senator Wexler said thls would be accomplished through lease arrangements. He does not believe federal law would have adything to do with the term of the billboard. He also reminded the Commissioners that the site Bass Prb is most interested in is in the heart of Broward County. There are probably 40 billboards within one-half mile of that site. M~ayor Taylor also remarked that the County will have 300 billboards forever. Vi[ce Mayor Bradley inquired as to the amount of M-1 property needed for these billboards. RiChard Passalino of Design Graphics owns six of the 14 billboards in the City. There is a very limited M~-I zoning. They propose that land zoned industrial development or planned commercial not be us~ed. They propose to use M-1 zoning only and they believe there are only eight locations available b(~cause the State dictates the space between any two locations. He does not believe more than eight billboards can be put along 1-95 in industrial zones. Most of the billboards would be Iow profile and PrObably will not be seen from any residential areas. He pointed out that Bass Pro uses billboards in their advertising campaigns all over the country. Vi~ce Mayor Bradley questioned whether or not this could be done on a time-limited arrangement. Mr. Pa~ssa ino responded that it would depend on the lease the property owner signs. Most property owners will not sign a long-term, indefinite lease. Most will be limited to anywhere from 10 to 20 y~ars maximum. Mr. Passalino pointed out that some of the billboards the City has asked to be reFnoved are protected and may never be removed. Of the eight billboards within the City limits, it is his guess that four or five of them are protected because of the roads they are located on. M~btion Commissioner Rosen moved to authorize the City Manager to negotiate with the outdoor billboard gr,)up and make recommendations to the City Commission. Vice Mayor Bradley seconded the motion. C(~mmissioner Jaskiewicz would like a study in more depth. She questioned whether or not these n(gotiations would be binding. Ci~ Manager Parker feels that we would probably enter into a contractual arrangement where the dc Ilar amount and time frame would be set forth. She recommended that we have a time frame which is not dependent on the lease arrangement and that the sites be listed prior to signing and the locations bei noted in the agreement. COmmissioner Jaskiewicz would like Public input on this issue. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 COmmissioner Jaskiewicz would like public input on this issue. Vi!ce Mayor Bradley clarified that the City Commission is authorizing the City Manager to look into this issue further and bring back a dollar figure. City Manager Parker advised that we can submit an outline of the contract terms prior to entering into the contract. The City Commission can discuss the potential terms prior to drawing the actual contract. TEe Commissioners were comfortable with this suggestion. The motion carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) B. Items for discussion requested by Vice Mayor Matt Bradley 1. Legal opinion on Board of Adjustment duties and responsibilities Vi[ce Mayor Bradley formally directed the City Attorney to investigate the parameters of responsi'bility fo~ the Board of Adjustment. He feels there are areas where there is latitude for interpretation and he wbuld like the City Attorney to bring this back to the City Commission at the August 15, 1995 meeting. City Attorney Cherof advised that there have been changes regarding property rights; therefore, the timing is right to review the duties of this board. C. Items for discussion requested by Mayor Pro Tem Lynne Matson 1. Public Meetings The City Commission has requested a number of workshops in addition to the regular meetings. Since we are going into the budget process very shortly, Mayor Pro Tem Matson requested an analysis of what these workshops are costing including the City Clerk's costs for the services of a Recording Sqcretary and advertising. A~ a recent Gold Coast League of Cities meeting, Mayor Pro Tem Matson learned from a Fort Latuderdale elected official that they conduct pre-Commission workshops on the same day as the City COmmission meeting. Therefore, in addition to the analysis requested, Mayor Pro Tem Matson would lille research from the City Attorney into what is done in Fort Lauderdale. Mayor Pro Tem Matson's concern with the workshop meetings is that it is presumptuous to assume that a I~erson's calendar can be cleared in a week to accommodate a workshop meeting. She feels some ofithe items on the workshop agenda can be handled during a regular City Commission meeting. She suggested either starting the regular meetings earlier, or continuing them later, rather than scheduling these workshop meetings. City Manager Parker advised that none of the professional staff receives additional salary to attend meetings. The secretarial staff's hours are adjusted so that no overtime is paid. Mayor Pro Tem Matson Said people have called her to advise her that when they called Ms. Heyden, 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 she was unavailable because she had worked late the night before and would not arrive until about 1(~:00 a.m. Although she is entitled to that time, it is two hours that she cannot be dealing with other piofessionals on her level and City residents. The City Clerkts Office may not be experiencing a m~netary hardship, but the department is already shorthanded and this presents a hardship. CC~mmissioner Rosen feels the workshops have been productive and as long as the Commissioners are willing to spend this time in the interest of the City, how can anyone put a cost on that? M~ayor Pro Tem Matson feels that if the regular City Commission meetings are ending at 9:00 p.m., some of these workshop items can be discussed at that time. Commissioner Jaskiewicz pointed out that the agenda discussed at the workshop meetings is different from what is presented at the regular meetings. These items can be discussed at length and on a more informal basis than at regular meetings. The Commissioners have received a great deal of assistance frC~m public input and City staff. With regard to a pre-Commission meeting, Commissioner Jaskiewicz does not feel that is possible because a great deal of time and effort is now spent on reviewing the back- Ul~~ material for the regular meeting. M~yor Pro Tem Matson requested that the City Attorney secure the information from Fort Lauderdale. M~yor Taylor explained that the City Commission has only had two workshops in the last four months. Tl~e workshops have been brainstorming sessions and they have served their purpose. D. Items for discussion requested by Commissioner Shirley Jaskiewicz 1. Sound Barrier Wall Along 1-95 C~mmissioner Jaskiewicz reminded the Commission of the petition from the residents of the Forest Park section who have very valid concerns about the noise wall they thought would be installed this year. Tl~ey are concerned because when DOT erred in cutting down the foliage at Pine Point Villas, that they were being bypassed in getting the noise wall. In investigating, we have learned that they were not scheduled for installation in 1995. It is distressing that this is being done piecemeal in Boynton Beach, bL~t was done entirely at one time in Boca and Delray Beach. Vi~e Mayor Bradley said the five-year TIP Plan is up for review in August. He will represent the wishes of the residents. If the residents' wishes are demanded strongly enough, other projects that Boynton B(.ach has slated for improvement to its roadway systems or landscaping may get bumped off the list. TI~ ere may come a point in time where we may have to readdress this issue and prioritize the wishes of the people relative to the noise wall. The MPO will have to take a good look at the desires of the residents living in the proximity of 1-95. Ri~ :hard~z~]221 SW 26thA~e~Le, said the noise issue is a very important issue to those who live in the vicinity of 1-95. The noise is a deafening roar. It is impossible for the people who live near 1-95 to [open their windows. This is a quality of life issue. It is also a property value issue, and the residents dc~ not want property values to decrease. He urged the City Commission to take a strong position and present it to the MPO. 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 2. Request to close SE 3rd Avenue from Seacrest BoUlevard to SE 1st Street Commissioner Jaskiewicz advised that she received information from Engineering and she feels the issue has not been closed. ¥ictoria Castello, 406 S. Seacrest Boulevard, feels this is an attempt to stabilize the area. When her pa~rcel was professionally landscaped, she learned that the front of her property was on SE 3rd Avenue instead of Seacrest. She was unable to place her fence where she wanted it. It had to be setback 25 fe~t, It caused problems because people have entered her property and stolen items. A speeding car went through her property and knocked down a privacy fence. Closing the street will help to protect the area. COmmissioner ]askiewicz explained that staff is concerned about other areas which might be involved. St~ff is getting input from those areas and then they will reconsider. Mg. Castello suggested that this closure be done on a temporary basis (six months), and then reevaluate th~ situation at that time. Ciity Manager Parker advised that this is not staff's position. No additional work is being done. The Engineering Division does not support this barricade. If additional work is requested, the City will have toi hire a traffic engineer to perform the study. Biill Hukill stated that staff does not object to the particular project, but a citywide study would have tolbe made to determine what streets could be barricaded. This project requires more thought. The stgdy would have to be done by someone who is involved in these types of issues. In addition, a pLtblic safety issue is involved as well as a private safety issue. Closing the street may cause a problem with emergency service access. COmmissioner Jaskiewicz offered to continue to do what whatever she can relative to this issue. E. Items for discussion requested by Commissioner Sid Rosen 1. Expand membership of Board of Adjustment COmmissioner Rosen feels the Board of Adjustment is a very important board, and agrees that its duties and responsibilities require review. During the two meetings he attended, he found a hole in the situation because he did not realize that in order to approve a variance, a super majority of five is required. Although the opportunity is given to an applicant to wait for a full board to be in attendance, this is time consuming. In reading the responsibilities of the board, Commissioner Rosen feels members with legal backgrounds should be included. Since this is a seven-member board which requires a super majority of five, he feels the size of the board should be increased so that there are ten regular members and two alternates. Attorney Cherof advised that language could be left in the ordinance so that five affirmative votes 35 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 would be needed to approve a variance. That would mean that five could oppose the variance, but thee variance would still pass the variance. Jim Miriana,_ ~28 NE8A~enue~, expressed concern about remarks made by Commissioners on the w~rkings of the Board of Adjustment. He has been a board member for eight year§ and feels the board has done a good job. It appears that this new Commission suddenly does not feel the board is operating properly. COmmissioner Rosen does not feel the board has been ineffective. His suggestion has to do with giving th~ board more equity because of its super majority feature. It is only fair to the members as well as th~ applicant that there is a proper seating for the appeals. Mir. Miriana stated that there are openings for board members which have appeared on the agenda for m~any months. He feels the Commission is responsible for the shortage of members on the board. Commissioner Jaskiewicz feels the Commission is being very selective in appointing members to this b6ard. M~ayor Pro Tem Matson feels this board has specific requirements. If the appointees filled the criteria foi the requirements, there would be no need to add more members. People have been parked on that board with no background relative to what that board does. This is a quasi-judicial board. If the re~luirements were adhered to, the decisions would be much more educated decisions. In addition, w~ have a City Attorney who sits in on that board meeting. She would have a problem with another attorney getting into a dialogue with our City Attorney. Vi!ce Mayor Bradley explained that he was displeased with the decision made by the Board of Acljustment relative to the variance request on Diane Drive. There was nothing contrary about that isiue and no one would suffer, nor would any problem be created for any of the neighbors in that n(~ighborhood. There are some members on the board who are so focused on the fact that there must b(~ a hardship created, that it has limited the members~ ability to see the positive things that can happen by allowing some other things to happen. This is the reason why he is interested in review of the duties arid responsibilities of the board. · In discussions with David Showalter, Mayor Pro Tem Matson learned that the Board of Adjustment has cr teria they must follow to grant a variance. A denial of the variance is predicated on whether that wguld pose a hardship to the property owner. Since this is a quasi-judicial board, they must follow their criteria. M~yor Taylor feels codes and rules are written to prevent abuses. As long as there is not an abuse, then there is no reason to penalize. In this particular case, the property owner was penalized when no one el~e would have been hurt. Although there are general rules, it is necessary to look for the good and w~lfare of the citizens. Many board members are so caught up in sticking to the rules, that they forget to!look at how they can help people at times. M~Yor Pro Tem Matson suggested sunseting the board for two months in an effort to refill the positions wi[th people meeting the criteria. This wil eliminate the need for extra people. She also suggested that 36 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 the Board of Adjustment have a workshop with the City Attorney to help them understand their criteria. Viice Mayor Bradley feels the first step has been taken to have the City Attorney outline the duties and reiponsibilities of the board. Mo~ion C(~mmissioner Rosen moved to increase the board by three additional regular members which will maintain five (5) positive votes to grant a variance. MaYor Pro Tem Matson inquired whether or not these members are to meet the criteria as stated in the ordinance. Commissioner Rosen advised that it is his intent to add people with legal backgrounds. M Tf Ci Vi~:e Mayor Bradley moved approval. unanimously. X. LEGAL: ~yor Taylor passed the gavel and seconded the motion. e motion carried 3-2. (Mayor Taylor and Mayor Pro Tem Matson cast the dissenting votes.) F. Authorization to proceed with national search for position of Chief of Police :y Manager Parker recommended the firm of David M. Griffith after reviewing five firms. The fee will $10,000 to provide the City with the executive search for this position. Commissioner Jaskiewicz seconded the motion which carried A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 095-25 Re: Run-Off Elections - Providing for run-off elections in the event one candidate does not receive in excess of thirty- five (35%) percent of the vote (Referendum March, 1996) Attorney Cherof read Proposed Ordinance No. 095-25 by title only. MOtion Mc~yor Pro Tem Matson moved approval of Proposed Ordinance No. 095-25 on second and final rea~ding. Vice Mayor Bradley seconded the motion. M,~YOR TAYLOR ANNouNCED THE PUBLIC HEARING. THERE WAS NO ONE WHO WISHED TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO THIS ORDINANCE. 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 Gity Clerk Sue Kruse polled the vote which carried unanimously. M oti(~n Proposed Ordinance No. O95-27 Re: Amend Appendix A, Section 6.D.7 to eliminate distance limitations between not-for-profit organizations engaged in the sale of used merchandise Attorney Cherof read Proposed Ordinance No. O95-27 by title only. M~ayor Pro Tem Matson moved approval of Proposed Ordinance No. 095-27 on second and final re~ding. Vice Mayor Bradley seconded the motion. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE WHO WISHED TO S['EAK IN FAVOR OF, OR IN OPPOSITION TO THIS ORDINANCE. City Clerk Sue Kruse polled the vote which carried unanimously. P~oposed Ordinance No. 095-30 was addressed next as it was read out of order. B. Ordinances- 1st Reading: 1. Proposed Ordinance No. O95-30 Re: Revise Ordinance for industrial and commercial waste (Industrial Pretreatment) Attorney Cherof read Proposed Ordinance No. 095-30 by title only. MOtion Vice Mayor Bradley moved approval of Proposed Ordinance No. O95-30 on first reading. COmmissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote which carried uqanimously.~ Tt,e Commission returned to Item X-A.3 - Ordinances on 2nd Reading. 3. Proposed Ordinance No. 095-28 Re: Land Use Amendment - Lake Worth Christian School Attorney Cherof read Proposed Ordinance No. 095-28 by title only. Mg. Heyden advised that staff is recommending that this item be tabled to allow time for the applicant to isatisfy some of the conditions that were part of the approval. MOtion COmmissioner Jaskiewicz moved to table. Commissioner Rosen seconded the motion which carried 3g MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 unanimously. 4. Proposed Ordinance No. 095-29 Re: Rezoning - Lake Worth Christian School City Manager Parker recommended tabling this item. M )tion M.~yor Pro Tern Matson moved to table. unlanimously. B. Vice Mayor Bradley seconded the motion which carried Ordinances- 1st Reading: 1. Proposed Ordinance No. 095-30 Re: Revise Ordinance for industrial and commercial waste (Industrial Pretreatment) Th]is item was voted on earlier in the meeting following Proposed Ordinance No. 095-27. C. Resolutions: 1. Proposed Resolution No. R95-114 Re: Authorize execution of Addendum II to Conceptual Approval Agreement for the Rosemary Scrub Joint City/County Acquisition Project Attorney Cherof read Proposed Resolution R95-114 by title only. M( ~t ion Co~nmissioner Jaskiewicz moved to approve. Vice Mayor Bradley seconded the motion which carried unanimously. XI. D. Other None UNFINISHED BUSINESS: A. Authorization to proceed with placing utility customer deposits in non-interest bearing accounts City Manager Parker advised that an investigation was done and because of the paperwork involved in ijssuing 1099 forms for small amounts of interest, and the fact that the City cannot earn any differential, staff recommends placing the deposits in a non-interest bearing account, If the Commission is still interested in refunding residential deposits after a time certain, the City can do that with no 39 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 interest paid. Motion Mayor Pro Tem Matson moved to approve. Vice Mayor Bradley seconded the motion which carried unanimously. Ci!ty Manager Parker advised that this will come back in ordinance form. XH. CITY MANAGER'S REPORT: ~ ^. City Manager Evaluation MJayor Taylor advised that the City Manager's one-year anniversary was on May 12, 1995. The annual increase proposed would be the same as for all non-union general employees (1 percent lump sum and 2.5 percent increase on the base). Commissioner laskiewicz feels City Manager Parker has done an exemplary job. M~tion Cqmmissioner Jaskiewicz moved to give Ms. Parker an excellent evaluation and give her the 1 percent lump sum and 2.5 percent increase on her base salary. Commissioner Rosen seconded the motion. M in M vc h( Tf Vi ~yor Pro Tem Matson feels the Commissioners should discuss Ms. Parker's evaluation with her :lividually and not in writing because it becomes public record and is no one's business. ~yor Taylor agreed and stated that in the four months he has worked with Ms. Parker, he has been ry pleased with her performance and feels she is doing a tremendous job. He commended her for performance. e motion carried unanimously. :e Mayor Bradley agrees that Ms. Parker is doing a close to excellent job. He inquired as to whether or not there would be any benefit to review how the Commissioners feel she is doing in public. Mayor Pr9 Tem Matson feels this encourages a circus-like atmosphere. She does not feel these remarks need tobe made in public. / XIII. OTHER: None XI~/. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjOurned at 12:30 a.m. 40 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 18, 1995 ATTEST: (~'ty~lerk ev Ording Secretary en Tapes) CITY OF BOYNTON BEACH ~. v' ' ~ayor Mayor Pro Tem Commissio~ Commissioner S:\CC'~WP\MI N U TES\COMM\071895.WPD 4] III;. CONSENT AGENDA D. cc: Recreation CITY OF BOYNTON BEACH Utilities Finance CITY COMMISSION AGENDA APPROVAL OF BILLS July 18, 1995 AMERICAN LIGHTING MAINTENANCE INC ................... $11,572.60 P.O. 8711. Emergency replacement of rotted light poles & upgrading fixtures Pay From Public Serv Tax Const -- 301-722-5-629-50 CROM CORPORATION ....................................... $ 43,692.30 P.O. 7158. Periodic Est #14, elevated tank construction Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 2,201,780.00 0.00 1,668,607.21 43,692.30 489,480.49 Pay From 1990 Construction Fund -, 409-000-0-690-10 CROSS ENVIRONMENTAL SERVICES ......................... $ 41,600.00 P.O. 9260. Asbestos cleanup Pay From W & S Rev Fund -- 401-391-5-629-00 ROSSI & MALAVASI ENG INC ................................ $10,323.50 P.O. 8861. Miner Rd/Congress Ave project Orginal Contract Change Orders Payments to Date Current Payment Contract Balance 46,945.00 0.00 13,149.00 10,323.50 23,472.50 Pay From Misc Trust Fund -- 691-000-1-473-74 SCRWTD BOARD ............................................ $151,238.04 June user charges/treatment & disposal Pay From W & S Rev Fund -- 401-353-5-490-09 COMMISSION JUL 18 APPROVAL WEST CONSTRUCTION INC .................................. $ 53,030.00 P.O. 9235. Hester Center Accoustical Retrofit Pay From Public Serv Tax Const -- 301-721-5-642-02 ZAMBELLI INTL FIREWORKS MFG CO INC ................... $ 25,000.00 P.O. 9798. July 4th display Pay From Gen Fund -- 001-194-5-459-00 COMMISSION JUL 18 APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION JUL 18 APPROVAL