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Minutes 12-19-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY~ DECEMBER 19, 1995, AT 6:30 P.M. Gerald "Jerry" Taylor, Mayor Lynne Matsom Mayor Pro Tern Shirley Jaskiewicz. Commission er Sidney Rosen. Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse. City Clerk I. OPEN I NGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Hank Ackermann - 8oynton Beach Congregational Church Pledge of Allegiance to the Flag led by Mayor Pro Tem Lynne Matson Mayor Taylor called the meetir § to order at 6:35 p.m. In the absence of Reverencl Ackermann, the 'nvocation was offered by Commissioner Jaskiewicz. Mayor Pro Tem Matson led the Pledge of Allegiance to the Flag. D. Agenda Approval: Additions, Deletions, Corrections Mayor Pro Tem Matson requested that Sharon Mercnant's presentation 4tem IV-B.1, be moved up on the agenda to tlae end of Administrative, making her presentation item #11-B. 2. Adoption Commissioner Jasl<Jewicz movea to approve the agenda as amended. Mayor Pro Tem Matson seconded the motion which carriea unanimously. Mayor Taylor announced that Vice Mayor Bradley would not De present for th s meeting since he is out of the country on vacation. II. ADMINISTRATIVE: A. Appointments to be made: APPOINTMENT LENGTH OF TERM IV Matson Bldg. Bd. of Add & Appeals Alt Term expires 4/96 TABLED II Bradley CemeTery Board Alt Term expires 4/96 TABLED IV Matson Children & Youth Aav. Bd. Alt Term expires 4/96 TABLED IV Matson Comm. Redev. Aclv. Board Reg iyr Term to 4/96 TABLED IV Matson Code Enforcement Boara Alt 1 yr Term to 9/96 TABLED IV Matson Adv. Bd. Chil :lren & Youtk Reg Term expires 4/97 TABLED MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 IV Matson Adv. Bd. Children & Youtl~ Reg Term expires 4/97 TABLED I Rosen Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED I1 Bradley Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED Jaskiewicz Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED IV Matson Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED Mayor Taylor Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED I Rosen Board of ZoningAppeal Alt 1 yr term to 1/97 TABLED II Bradley Board of Zon ~g Appeal Alt 2 yr term to 1/98 TABLED III Jaskiewicz Education Advisory Board Stu Term expires 4/96 TABLE D IV Matso~ Bldg. Bd, of Adj. & Appeals Alt Term expires 4/96 Comrrissioner Rosen moved To remove the tabled appointments from the table. Commissioner ~askiewicz seconded the motion which carried unanimously. Mayor Pro Tern Matson requested that all of her appointments be tabled. Vice Mayor Bradley's appointments were tabled in his absence. Commissioner jaskiewicz requested that a] of ner appointments be tabled. Mayor Taylor requested that all of his appointments be tabled. Commissioner Rosen requested that all of his appointments be tabled Mayor Pro Tern Matson moved to table all appointments. Commissioner Jaskiewicz seconded the motion which carried 4-0. B. Representative Sharon Merchant Representative Sharon Merchant was present to provide an update on what is happening in Tallahassee with regard to the upcoming session and committee meetings. The next session of committee meetings will be conducted on January 8, and during the third week of January, Session begins the first Tuesday after the first Monday in March, and lasts for 60 days. Listed below are items Representative Merchant reported on: Telecommunications - During the last session, the local exchange industry of telecommunication was deregulatedL That bill takes effect January 1, 1996. There will no longer be a monopoly on the local calling service. At present, we all have BellSouth. The bill will provide consumer choice relative to providers for the local exchange. This will ultimately provide better prices because of competition, and should provide bundle services such as local exchange, long distance, and cable at a 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 better rate. When this ~ssue was addressed, it was realized that Florida is toe fourth lowest in the nation in terms of owest cost for local exchange. To ensure that prices do not increase, a ceiling was put on the rates for five years in the BellSoutk area. In this dialing area, for the next five years, bills will never be any higher than they were as of July 1, 1995. in response to Comm ~ssiooer Jaskiewicz' question Representative Merchant advised that the 25¢ flat rate will not be affected since that was a dec~sion which was made by the Public Service Commission. Block Grant- It is anticipated that if the Federa~ government passes Block Grant in toe appropriations bill. the Florida Legislature will address the issue. The most prevailing issue is that there may be a special session prior to March if this is passed. She urged the Commission Eo watch news reports on this Issue, and bring questions to her attention. The State's role in this ~ssue will De to take ti~e Block Grant dollars and decide how to distribute them throughout the counties. The message Reomsentative Merchant has received so far is that in order to be fair. them must be flexibility. A number of groups are already looking into this issue and will be offering recommendations to the local delegation. Call Representative Merchant for additional information and to offer ideas. Econom c Development Representative Merchant serves on the Commerce Committee. Meetings have been heJd throughout the State to talk to the business community about the Pest policy for economic development in Florida to maintain ~ne ]ob base and to expand it with desirable iobs. Representative Merchant has concluded that Florida is going in many different directions w~thout a "big picture" plan. She will De working to develop a m~ssion statement. Everything will be reviewed. The feeling in the Dus~r ess community is that bus~r ess ~s being overtaxed, overregulated, and an undereaucated WOrK force is being sent into toe business community. She feels accountability is required. Banking Issue - There is a banking issue which will surface this year. The Federal government passed a bill known as the Regal Neal Act which allows for interstate banking and interstate branching, it also sets concentration limits for banks. Barnett Bank has the most deposits in Florida. They have approximately 19 percent of the State's deposits. This Act calls for no greater than 30 percent concentration. The Florida Legislature can lower that concentration level. In addition, anti-competition language will be reviewed. ]UA - A commission consisting of university presidents has been set up to provide recommendations on this issue. Please provide suggestions to Representative Merchant's office. Water Policy - The water policy will be reviewed to determine how the different bodies of fresh water, the Canal system, South Florida Water Management District, and other 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 water management districts in the State are operating, and how we should be storing water. The Municipal League is also working on this issue. Representative Merchant advised that her committee assignments are Appropriations, Rules & Calendar. Commerce, Banking Subcommittee, Transportation, and she is Vice Chair of Utilities and Telecom munications. She urged the Commission to contact her with any ideas or suggestions. Her office is open Monday through Friday from 8:30 a.m. until 5:30 p.m. Mayor Taylor thanked Representative Merchant for the outstanding job she is doing, and said it is good to know that our Representative in Tallahassee is very involved in what is going on. Mayor Pro Tem Matson requested that Item IX-A~I be moved up to Item III-B.7 to accommodate Bruce Tuffs WhO was present in the audience. MotJoJ~ Mayor Pro Tern Matson moved to amend th'e agenda. Commissioner Rosen seconded the motion which carried unanimously. III. CONSENT AGENDA A. Minutes 1. Special City Commission Meeting Minutes of December 4, 1995 Commissioner Rosen referred to Ben Uleck's statement on Page 2. Commissioner Rosen advised that he ohjected to Mr. Uleck~s statement at the time it was stated, and clarified that at that time, and much before that, he was an unopposed candidate. He did not speak at the Leisureville meeting and did not make any reference to any such issue at the time. Commissioner Rosen requested that the minutes reflect his opposition to Mr. Uleck's statement. 2~ City Commission/Chamber of Commerce Workshop Meeting Minutes of December 4, 1995 No corrections were made to these minutes. 3. Regular City Commission Meeting Minutes of December 5, 1995 No corrections were made to these minutes. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Approve manhole structural repair at NE 8th Avenue and NE 26th Avenue with Underwater Unlimited Diving Services, Inc. 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 The Purchasing Department concurs with the Utility Department request for repairs. A proposal of $4,000 for the structural repair to the manhole structure at each indicated location was submitted by Underwater Unlimited Divi ng Services Inc. The total project cost is $8.000 with a guarantee for three years. Funds are available ir the Reserved Funds, Account #421-000-0-691.2~ (Renewal & Reolacement Sewer~. Approve piggy-backing City of Pompano Beach~s Annual Contract for Water Meters and Parts Southeastern Municipal of West Palm Beach, Florida, is the local distributor for Schlumberger Industries of the brand Neotune Meter. Th ey have agreed to extend the same term s and conditions to our City for the purchase of the Neptune Meter. Purchasing concurs with the request to piggyback the City of Pompano Beach's bid for one year. Funds in the amount of gl 18,000 are available in Account #401- 333-5-387-00. Approve replacement of Submersible Well Pumps & Equipment with Atlantic Environmental Systems~ Inc. for one year The bid was approved as a two-part award. The pumps, motors and swage nipples were awarded to Atlantic Environmental Systems, and the bid for colu ~nn pipe was awarde(~ to Water Resources. Both companies have been contactee to request a one-year extension of current bid prices, general terms and conditions. Water Resources has declined their option to renew at this time. Therefore, we will purcnase column pipe by using "best of three quotes" on an as-needed basis. Purchasing concurs with the request to extend this bid for one year. Funds in the amount of $70,000 are available in Account #421-000-0-690-21 CIPWTR75. Approve East Water Treatment window replacement utilizing existing contractor/MBR Construction, Inc. As ,outlined in a memorandum from Purchasing Agent, Lana Koester. to City Manager Parker, dated Decemoer 8, 1995. out of four responses wn'ch were receivea MBR Construction, Inc., Fort Ladderdale, was awaraed th e contract. Phase II of the Window Replacement Pro_ect consists of replacement of windows for the entire East filter gallery. MBR Construction submitted a proposal which included a complete project price of $44,500, Utilities recommends using the vendor of Phase I for the Phase II project. Purchasing con:curs with this recommendation. Funds in the amount of $50,000 are available in Account #421- 000-0-690.21 . Renewal & Replacement Water,. Approve annual contract for Aquatic Plant Control with Lake & Wetland Management ~ a memoranaum from John Wildner, Parks Superintendent, through Charles Frederick, to City Manager Parker dated December 7, 1995, the Recreation and Park Department acknowledges that they have reviewed the specifications for/he Aquatic Weed Control Contract and no changes appear MIN UTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 to be necessary. They recommend approval of a one year contract with the option to renew the contract two times. Co-op Anhydrous Ammonia - The Cooperative Purchasing Council of Palm Beach County awarded the bid to Tanner Industries, Inc. The Cooperative Purchasing Council of Palm Beach County awarded the bid to Tanner Inaustries. Inc. of Philadelphia, Pennsylvania. Boynton Beach's awarded ~mount is $7,760. Tanner Industries, lnc. is the sole bidder and meets all specifications and requirements. Purple Heart Way See discussion on Pages 7 and 8. C. Resolutions Proposed Resolution No. R95-195 RE: Water Service Agreement Thomas G. Kane for property located at 3645 North Federa~ Highway, Delray Beach Proposed Resolution No. R95-196 RE: Authorize execution of service contract between the City of Boynton Beach and TFP Inc. for the computerized photo imaging system in the Police Department Proposed Resolution No. R95-197 RE: Rosemary Scrub Joint City/County Acquisition Project Resolu'tion endorsing grant award agreement and grant award calculation Proposed Resolution No. R95-198 Approval for Rosemary Scrub RE: Addendum III to Conceptual D. Approval of Bills 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 - November, 1995 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Approve expenditure for returning Communications Center to City Hall As outlined in Hugh McCaffrey's memorandum dated December 13, 1995, to Wilfred Hawkins, the layout of Dispatch will be changed with the move. A reconfiguration of the consoles to better use the available space and accommodate planned Computer Aided Dispatch is anticipated. To accomplish this, additional console modules are required. The total cost is $25,164. Emergency back-up radios 6 MIN UTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 are included at a cost of $3,897. Labor for the move is quoted as $15.654. The projected total for moving back into the building is $44, 715. Of that total a request for reimbursement of $25.164 will be made to Palm Beach County E-911 funds. Therefore. approval of $44 175 to Motorola for labor and materials to move Communications back into the East Wing is requested. These costs should be charged to Account #301-194-5-640.05. Mayor Pro Tem Matson moved to approve the Consent Agenda. Comrr 'ss~'oner Rosen seconded the motion which carried unamrr ously. Mayor Pro Tem Matson reported on Item III-B.7, Purple Heant Way. She reminded the Commissioners that at the last meeting, Mr. Tuffs asked if it would be possible to make a certain portion of Miner Road "Purple Heart Boulevard". Mr. Hukill nas advised that in one of the Planned Commercial Developments, there is a street which wil be called "Morton's Way". That street name can be changed to "Purple Heart Lane" in honor of our veterans. Mayor Pro Tern Matson requested a consensus from the Commissior [o change the name of "Morton's Way to Purple Heart Lane". Mayor Taylor inquired as to the reason why the street would ~)e known as "Morton's Way" if it is not rename(]. Mayor Pro Tern Matson advised that s the name as it appears on [ne plat. Commissioner Jaskiewicz questioned whether or not Mr. Morton had comments to offer on this issue. Mayor Pro Tern Matson advised that this is a City decision. ~u~ts thanked Plan~ lng for working as quickly as they did to make this happen. He originally se~ectea Miner Road because there were no addresses on that road: however, this alternative is wonderful. MotioJ~ Mayor Pro Tern Matson moved to name ti~e industrial access road off SW 8th Street "Purple Heart Lane". Commissioner Jaskiewicz auestioned whether or not Mr. Tuffs was ~mpressed with an industrial access roac Mr. Tufts has no objection to this road. Commissioner Rosen seconded the motion and feels that the City is entitled to a Purple Heart based on the "Battle of the Traaewinds" for which the City was almost mortally wounded. The motion carried 4-0. Mayor Pro Tem Matson added that Representative Ed Healey is working to make Route 710, which is located by the Veterans' Hospital "Purple Heart Highway". The step taken by the Commission this evening is very important because it serves as a kick-off for this issue. Representative Healey is soliciting support from other cities and the County. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Mr. Tuffs thanked the Commission. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements None Presentations 1. Representative Sharon Merchant This presentation was made earlier in the meeting under Item II-B. 2. Presentation of Holiday Parade Awards At the podium, Virginia Halpin, Community Promotions Supervisor, thanked the Holiday Parade sponsors, and all Participants. They include Pep's Sea Grill~ The Palm Beach Post, McDonald's, Climate Control Services, the Boynton Beach Veteran's Council, American Legion Post 164, Era Realty, and Bethesda Memorial Hospital. Below is a list of awards: Annual First Family Mayor's Choice Award Most Outstanding Float Best Float Pertaining to Theme Best Church Float Best School/Youth Decorated Float Best City/Town or Government Sponsored Float Best Marching Unit Best Commercial Float Best Marching Band Best Character Costume Most Entertaining Unit Judges' Award The Robinsons Boynton Beach Pathfinder Club Angels of Palm Beaches St. Joseph's School Bible Church of God Bar & Fergs Academy Boynton Beach Home Builders' Improvement Boynton Beach Jazzercise L A. Dance Atlantic High School Purple Dinosaur Roosevelt Middle School Shriners Mayor Taylor thanked everyone who participated, and commended the staff for their behind-the-scenes work on this project. 3. Proclamations: a. Dr. Martin Luther King Jr. Day - January 15, 1996 Mayor Taylor read this Proclamation declaring January 15, 1996, as "Dr. Martin Luther King, Jr. Day". b. Shrine Hospital Days - February 3rd - FebruarY 14th 8 MIN UTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Mayor TaylOr read a Proclamation declaring February 3 through February 14, as "Shrine HoSpital Days". V. BIDS: None VI. PUBLIC HEARING: PROJECT: Hills of Lake Eden PUD POSTPONED TO JANUARY2, 1996 AGENT: Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc. OWNER: Newport Properties, !nc. LOCATION: Northwest corner of S.E. 36th Avenue and Seacrest Boulevard DESCRIPTION: REZONING - Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 acres of land in connection with a rezoning from R-1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI = 5). PROJECT NAME: Miner Road TABLED TO DECEMBER 19, 1995 AGENT: Richard Harris for Condor Investments of Palm Beach County OWNER: City of Boynton Beach LOCATION: Road bet~veen High Ridge Road and 1-95 DESCRIPTION: ABANDONMENT - Request for abandon ment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road Mayor Pro Tem Matson moved to delete Item VI-B: Commissioner Jaskiewicz seconded the motion which carried unanimously. C. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Miner Road Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A. City of Boynton Beach and Palm Beach County Miner Road between High Ridge Road and 1-95 ABANDONMENT - Request for abandonment of three parcels that comprise the Miner Road right-of-way east of High Ridge Road. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Attorney Cherof advised that the following proceedings are quasi-judicial items. Therefore. he administered the oath to all WhO would be offering testimony. RichardJzlarris. attorazey for the applicant, said this is a request for the abandonment of the portior of the right-of-way which runs from High Ridge Road to the CS right-of-way on the east, There are three strips of land involved which include a 25' strip dedicated by private deed to the City, a 54' in width parcel which runs tne entire length from High Ridge Road to the CSX right-of-way, and another parcel which is 54' in width. Mr. Harris reported that one of th e things he learned during his investigation of this matter is that the CSX is owned by FDOT. There is a recorded deed of over 300 pages in the records of Palm Beach County. FDOT now operates the railroad. Staff expressed concern a0out whether or not a flyover of the CSX right-of-way and 1-95 at Miner Road is planned for the future. The applicant was charged with the responsibility of determining if this is a possibility. In discussions with FDOT, Mr. Harris was unable to get a definitive answer in this regard. They nave indicated that a flyover is not an their five-year p~an, nor are funds allocated for it. Mr. Harris does not feel this is a weignty matter. He nas been gwen unofficial cost estimates in the neighborhood of $24 million to construct a flyover. After clocking the distance, Mr. Harris does not believe the FDOT wil construct a flyover in an area which is exactly one-half mile from the flyover at Gateway Boulevard. In addition, the necessary right-of-way does not exist. Therefore, condemnation would have to occur, In addition, the flyover would have to be ~levated starting near High Ridge Road. This would cause problems for residents who abut that property. Additionally, concern was expressed over the fact that FDOT, as the owner of the parcel, requires the right-of-way for access to its parcel [n this situation aisc Mr. Harris has been unable to get a definitive answer from FDOT. However. it is certain that they do not depend on this right-of-way for access to the parcel. [n his opinion, this question apes not require an answer. One of the staff comments requires the applicant to make application for tne abandonment of the ~4' strip dedicated by the plat of Boynton Beach Distribution Center to Palm Beach County. From a legal standpoint. Mr. Harris does not think it is necessary to nave them pass on an abandonment because it ig not within the County roadway system. Florida Statute Section 334.03 provides the Counties with authority to abandon rights-of-way that are oart of the County roadway system. The County roadway system includes roads that are within the unincorporated areas of the County or are arterial collectors in the unincorporated areas of the County that extend into incorporated area. This parcel does n at qualify in that category. A suggestion was made by Ms. Heyden that discussions be h dd with the CoOnty Attorney for a determination on this matter. Mr. Harris advised that they said it was up to us to determine wnether or not it was necessary to seek an abandonment from them. If the City acts on this, request, a detent ination needs to be made whether or not the rights of the public have peen abs. ndoned by that action, or wnemer subsequent action would be required by Palm Beach County To abahdon. In his opinion, suosequent action by Palm Beach County is not necessary because that is a decision the City is entitled to make. 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Staff furtner expressea concern about tne t~vo parcels being landlocked. He provided documentation to staff which showed the easements that were reserved and established. Each of the parcels would never depend upon Miner Roac', as dedicatea for access. They are not landlocked. Mr. Harris knows that each of the owners is in favor of abandoning the Miner Road right-of-way, and access can be confirmed in an easement agreement. He is certai~ Waste Managementwill agree with this. The three owners WhO favor the abandonment, believe they nave perpetual access out to High Ridge Road through Industrial Way. Mr. Harris does not believe there is much reason not To grant this abandonment request. He urged consideration Dy the Commission. Ms. Heyden advised that the Planning and Development Board recommends approva~ of the request subject to six conditions which were highlighted by Mr. Harris. There nave been modifications since that meeting. The modifications are as follows: Comment #6 Written acceptance from Palm Beach County Traffic Division regarding the abandonment request. Staff received a letter from Palm Beach County which indicates that ti~e applicant must go through the County process. Comment #5 Written documentation, acceptable to the City, that verifies that the Rollyson, FDOT and Florentine Marble parcels that abut the portion of Miner Road to be abandoned, have an alternate, perpetual means of access. The following concerns have been identified thus far within the materials submitted in an attempt to address this issue: Deed from Rollyson to Florentine Marble is missing conveyance reference for dedication of a 30 foot wide ingress/egress easement. There is question as to whether Rollyson's sale to Waste Management included Rollyson's own 30 foot ingress/egress easement; therefore, Rollyson may not have access any longer. A separate easement should have been rededicated by Waste Management for both I~ollyson and Florentine to use. Ms. Heyden advised that Mr. Harris is correct, and staff has agreed to delete the verification of access for FDOT. However, staff still feels that Rollyson and Florentine Marble need a new dedicated access easement. Mr. Harris is agreeable since both parties are in favor of the abandonment. Comment #4 Submittal of a survey showing proposed dedication of utility easements to satisfy FPL and the City Utility Department conditions. Ms. Heyden advised that as a condition to the approval by FPL and the City Utility Department, a new utility easement needs to be superimposed to the abandoned right-of-way. 11 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Comment #3 The applicant shall show compliance with any forthcoming conditions of abandonment required by Florida Gas. This comment still applies since staff nas not yet heard from Florida Gas. Comment #2 Written documentation from FDOT and the CSX Railroad tha! indicates they would not permit a "flyover'~ to be constructed over their rights-of-way. Ms. Heyoen said she has not received written verification from the Fire Department retracting earlier concerns: therefore, the comment was carried over. Comment #1 Written verification that Palm Beach County has accepted an abandonment application to abandon the portion of Miner Road that is dedicated to Palm Beach County. This is a reiteration of Comment #6. Mayor Taylor confirmed with Ms. Heyden that Corn ~nencs #1 and #6 tie together; Comment #3 requires verification, #4 requires submittal of the dedication of utility easements; and #5 is okay with me deletion of FDOT. Ms. Heyden advised that the City needs a new easement veriiying Rollyson and Florentine Marble access. Comment #2 is the ~ssue of the flyover. City Manager Parker advised that Chief Jordan deleted the item related to the flyover. Chief Jordan stated that this issue was deleted some time ago. Commissioner_laskiewicz referred to Comment #3 an(~ remarks related to tl~e fact that when the first letters were sent out, Florida Gas responded affirmatively; however in this instance, tt~ey have still not responded. Ms. H eyden said their first response was on the abandonment which nas been deleted from the agenda. That was for one-third of the entire area to De abandoned. They have not responded with regard to t[~ e other parcels. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON TH IS APPLICATION. Commissioner Rosen questioned whether or not the City might have legal liability if the request is grantecl and then FDOT decides co construct a flyover m the future. Attorney Cherof responded negatively. Mayor Taylor pointed out that staff has deleted that comment. Mayor Taylor clarified that the City is still waiting for compliance with Comments #l, #3, #4. parts of #5. and #6. Planning and Zoning recommends approval if the conditions are met, but Mayor Taylor q ~estioned how me Commission could approve this request without all documentation in place. City Manager Parker said the City will not process the final abandonment paperwork until a] conditions have been met. Attorney Cherof added that the documen~ which the City will prepare will 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 not be recorded or provided to the applicant until the conditions are met. Approval on that basis will eliminate the neea for the applicant to come back before the Commission. MotioJ~ Commissioner Jaskiewicz moved to approve the abandonment of Miner Road subject to the conditions being rectified .~rior to the Resolution being prepared. Commissioner Rosen seconded the motion. Mayor Pro Tern Matson asked Commissioners Jaskiewicz and Rosen if they would agree to delete Condition #2. Both were agreeable. The motion carried 4-0. Mr. Harris confirmed with Mayor Taylor that he must comply with Comments #1, 3, 4, 5 and 6. With reference to Comment #5, the City is only concerned about Waste Management, Florentine Marble and Rollyson. Attorney Cherof reminded everyone that all paperwork in the agenda package is part of the public record. Exhibit "F" is a list of the administrative conditions. This is a new form prepared by Ms. Heyden and Mr. Hukill which will attempt to simplify the Commission's review. When the development order is prepared, the document can be used as a check off to show "included" or "rejected", and it will expedite the preparation of the development order. D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Newport Place PUD (f.k.a. Stanford Park PUD) Donald E. Hearing Newport Place Associates Ltd. Southwest corner of Hypoluxo Road and NW 7th Court FUTURE LAND USE AMENDMENT/REZONING - Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential to High Density Residential for a 23 acre, existing planned unit development (PUD) and a 1.59 acre tract and to rezone the 1.59 acre tract from R-I-AAB (single- family residential) and the PUD to Planned Unit Development (PUD w/LUI =5) to add a 120 bed assisted living facility. D~naldJdearJ~g,J~scape architecLattdJ~nd pJa~zet~.a~g Ne3~c~ort Place, introduced Ron Ehler, Managing and General Partner of Newport Place, and Steve Gillespie, Landscape Architect. He summarized the request by noting that the staff report clearly outlines the request. The applicant is requesting a reclassification of the land use on the property so that completion of the campus master plan can be accomplished. To the west is High Point Country Club; to the north is Hypoluxo Road; to the east are large-lot residential homes which are separated from NW 7th Court by a platted landscape buffer preserve ama which was put in place when the original PUD was approved for Stanford Place. Newport Place intends to add an additional 120-bed assisted living facility. This will fill the gap in health care services provided at Newport PJace. There is already an assisted adult 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH~ FLORIDA DECEMBER 19, 1995 congregate living facility existing on site. This will add the assisted living facility which will provide a greater level of services needed ~y ti~e elderly. There is an existing nursing nome located at the extreme northwest of the ~)roperty. In addition to the reouest for the reclassificatio~ of the land ti~e applicant will be adding additional parking to the PUD which were not added in t~e past. Those Areas include Lots 7 and B on the east side of NW 7th Court. They will also be rezoned so tl~at they are consistent with the overall PUD master plan. Mr. Hearing advised that the Land Development Regulations require that seven criteria be evaluated ['or approval of an amendment, or rezoning of the Comprehensive Plan. The seven criteria are outlined on Pages 4 through 7 of the staff report ~Planning & Zoning Department Memorandum No. 95-692L Staff finds that each of the criteria have been met and the proposal is consistent with the criteria and land use plan. A variance component involving access drives is included and will be discussed following review oft[~ is request. Mr. Ehler has ~)een in contact with the neighbors and all surrounding properties in an effort to be a good neighbor. The applicant is unaware of any opposition. Ms. Heyden explained that this request involves two issues - a land use and a rezoning. Lots 7 and 8 will be added. These lots were orought into the use to provide access to the PUD. They will be added to the PUD and rezoned to PUD. The land use ~tays the same. but the density increases. With the addition of Lots 7 and 8, the entire PUD is increasing by only 1.59 acres. This application is coJ~sidered a large-scale land use amendment, and as such. must be reviewed and approved by the De~)arrment of Community Affairs. Staff recommends approval subject to the staff comments in Exhibit "F". In addition, the Planning anc~ Development Board also recom mends approval. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. M~(yor Pro Tern Matson said this property was useless for a v(~ry long time. About four years ago, Mr. Ehl~er worked long and hard with Scott Miller and herself to turn this property into a burgeoning senior cer~ter. They have done an exceptional job, and they are very visible in the community. They have been very good neighbors. She was extremely pleased to approve this project. Mayor Pro Tem Matson moved to amend the Comprehensive Plan Future Land Use Map from Low Density Residential to High Density Residential for a 23 acre existing planned unit development (PUD), and a 1.59-acre tract at Newport Place, southwest corner of Hypoluxo Road and NW 7th Court, and to rezone the 1.59-acre tract from R-1-AAB (single-family residential) and the PUD to Planned Unit DeVelopment (PUD w/LUI: 5) to add a 120-bed assisted living facility, including comments in Exhibit "F". Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz commended Ms. Heyden for the thorough and Comprehensive investigation she provided with regard to this request. Any questions or concerns she might have had were addressed before she could think of them. The back-up material was excellent. 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 The motion carried 4-0. PROJECT NAME: AGEiX T: OWNER: LOCATION: DESCRIPTION: Newport Place Donald E. Hearing Newport Place Associates Ltd. Southwest corner of Hypoluxo Road and NW 7th Court PARKING LOT VARIANCE - Request for relief from the City of Boynto~ Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II. Section H.7 "Number of Driveways" to allow two ~2) additional driveways onto Northwest 7th Court. ]E)ona[d~learing~ representing Newport place, advised that this is a compan ion to the previous request. The City Land Development Regulations within PUDs limit the number of access points that can be provided to two 2). At the present time, two access points exist on the easterly portion of the Newport Place master plan. The applicant is proposing that two additional access points be provided from NW 7th Court. Staff is recommending approval of only one additional access and has expressed concern aoout the second access which would be located in front of the facility. At the Planning and Development Board meeting, discussion took place regarding approval of[ne t~vo access points. It is possible to make the project work with only one additional access: however, the applicant feels circulation would improve with tne addition of the two accesses. Staff nas recommended a~proval of only one additional access which will provide access to the rear of the facility where most of the services take place. The applicant would like to have the two access points in order to segregate the vehicular traffic associated with the customers from the traffic associated witk services. Mr. Hearing requested the Comm ssion's consi(~eration of approval of tile two access driveways. Ms. Heyden advised that staff is recommending approval of the southernmost driveway, not the center drive which is located in front of the building. The reasons for this decision involve the fact that the R-l-AA property in close proximity to this project is undevelope~ at me present time. Staff nas no way of knowing how this ~)roperty will be developed. If it becomes a subdivision there will be multiple access points. Staff feels il is i~ the City's best interest to limit as many additional access points onto NW 7th Court as possible at this time. In response to Mayor aylor s quest on, Ms. Heyden advised that NW 7th Court presently dead-ends: however, the possibility exists that it could extend through to Miner Road and have multiple street connections to serve the undeveloped property. Mayor Taylor questioned how the second access drive would affect the property to the south. Ms. Heyden explained that the reason for the requirement in the Code is to limit access points so as not to negatively impact the traffic on the road. Attempts are made to channel traffic to the access points so that backlogs of traffic are on site, not on the road system. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. 15 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 l~Ul:LEhler. Managjlzg_and General Partner nf Newpo~rt Place; said the curvature of the road as depicted on the mao does not exist. The roadway ends at the end of the Newport Place owned property, and there is a lift station and a small fence in the location of the dead end In looking at the size of the residential lots on High Ridge Road. Mr. Ehler pointed out that there are approximately six lots. a a normal subdivision s~tuation, if NW 7th Court were to be the road to serve the subdivision, there would be 12 curd cuts (six on each side of the roa~ Because the applicant owns a 50' buffer strip on the east side of the road, there am no curb cuts and the applicant has provided a highly vegetated buffer between the project and the homes on High Ridge Road. On the west side of NW 7th Court, them are only two curb cuts. With the two additional access drives requested, there would be a total of only four curb cuts comparea to cot ceivably having 12 curb cuts. Newport Place is the only project located or this section. This tract of rand is approximately 600' long, and has only two curb cuts. E~y adding the additional two entrances, ti~e properties can be segregated. Atthe TRC meeting, only one staff department expressed concern, and that opimon was that ti' e project could be accomplished with only one access. The Planning and Development Board unammously approved the request with t~vo curb cuts. Ms. Heyden referred back to the map and oointed out that the undeveloped property could conceivably be developed with 90 to 100 units. Comm ~ssioner Rosen felt a sufficient case naa been made for one additior al entrance. C0mm~ssioner Jaskiewicz questioned whether me center entrance would present a hazara with emergency vehicles entering the project. Mr. Hearing used the map to snow the entrances requestec Ode entrance would be designated for the residence area, and the back entrance would be designated for~services. The applicant feels that if only one access point is approved, the center access would be th~ preferable choice. He further requested that if only one access point is approveQ, the Commission corasider al owing an "egress only" in rne southernmost location. This woul~ permit the serwce vel~icles to service the site a~d t~en leave the projecL Mr. Ehler added that one of ti~e curb cuts currently being counted i " . s an egress only". Ma~or Pro Tern Matson read from the Planning and Development Board meeting minutes of December 12,11995, where it mentions the applicant's desire to use the driveway that staff wishes to eliminate as thei main entrance drive directly in front of the building. It points out that the entrance will be well maiked and maintained. It further states that because of the age of the clientele, there is greater need f or ~mergency serv ce vehicles. Therefore, they would like to eliminate the possibility of "fighting" witt~ service vehicles when emergency vehicles are required. Mayor Pro Tern Matson feels that since the ~pplicant s requesting the two access points to provide a means of increased traffic circulation, she doe~ not see the reason for arb trarily saying no. She feels the applicant_ has the right to develop the property as requested, and sees no impact due to the fact that the road dead-ends. She would support the ~'equest with the two additional driveways. Co~ missioner Jaskiewicz said the Commission must also be concerned with the precedent which will be sj~t in this case. She will agree to the second driveway being "egress only". 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Commissioner Rosen 'nquired about the distance between the ingresses and egresses. Mr. Hearing explained that the proposed egress would be 250' from tl~e entrance. The entrance ro the new location is approximately 160' from the existing location then 300', 200' and 200'. Commissioner Rosen feels there are quite a few entrances and egresses based on the possible traffic flow in tk e future. There wil be traffic interruption based on the number. After some explanation from the applicaBt with respect to now the service vehicles would circulate through the site, Mayor Taylor was uncomfortable having trash trucks pulling up to the front door. He would not nave a problem with the southernmost drive being approved as an "egress only". Commissioner Rosen moved co approve a request for relief from the City of Boyn~on Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II. Section H.7, "Number of Driveways" to allow ~vo (2) additional driveways onto NW 7th Court, providing that.the southern ~nost driveway is an "egress only" driveway. Mayor Pro Terr Matso~ seconded the motion which carried 4-0. Mr. Hearing thanked staff for the time and effort they expended on this application. They did a good job and the applicant appreciates their help. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Cedar Ridge PUD and High Ridge Commerce Park PID (buffer easement) Richard l-larris of ScotL Royce, Harris~ Bryan, Barra & Jorgensen, P.A. Condor Investments of Palm Beach County, Inc. South perimeter of Lots 15, 16, 17 and 18 within the High Ridge Commerce Park PID ABANDONMENT - Request for abandonment of a 25 foot wide buffer easement. Rick J~[ards. AttorJ~y for the applicanL said the lots in this request will be part of a site plan for Waste Management which will appear later in the meeting. The reason for the 25' buffer in this area is eliminated if the site plan is approved. The conditions imposed by staff are related to the approval the Commission already considere(~ except for the condition that the Boar(] of Adjustment re(; uest be grante(; allowing the elimination of the 25' penpnera~ greenbelt. The Board of Adjustment was sb :)pose(~ to have met last night, but failed to do so for lack of a quorum Attorney Cherof advised tnat this item would be difficult to handle without con'sidering Item D under Development Plans. He suggested that this public hearing be conducted, but that the vote be delayed until the site plan modification is reviewea. Then both items can be considered. Using tne map, Ms. Heyden showed the location of the abandonment. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS N O ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. 17 MINUTES REGULAR CITY COMMISSION MEETING BOYN ]'ON BEACH, FLORIDA DECEMBER 19, 1995 Mayor Pro Tem Matson moved to reorder ti~e agenda to bring Item VIII-D forward. Commissioner Jaskiewicz seconded the motion which carried unanimously. VIII. DEVELOPMENT PLANS: PROJECT NAME: AG E NT: OWNER: lOCATION: DESCR[PTI ON: Waste Management of Palm Beach - South Joseph D. Hanc ey, Craven Thompson & Associates Inc. Waste Management of Palm Beach High Ridge Commerce Park PID Lots 15, 16, 17 and 18 South side of Commerce Road, approximately 304 feet east of High Ridge Drive) SITE PLAN MODIFICATION Request to amend the previously approved site plat ~o add land area to construct additional exterior oaved truck storage and an expanded exterior container storage yard. Joe Handley aha Rick Harris had r o objection to combining the review of their applications. Joe Har~l]e_y_of Crav~LT~om.gson_& A~o_c]ates. rel~r~ented Wage Management; requested combining the use approval and Mr. Harris' additional easement abandonment since they are tied together. Mr. Handley advised that the existing Waste Management facility is located south of the Miner Road abanaonment. The applicant would like to modify the site plan to ir dude property within the H~gh Ridge PID. The property will be utilized for me same use which is currently on Waste Management's property. The use is truck storage and solid waste container storage. The applicant has concerns about two of the staff comments and agrees with al other staff conditions. Comment #8 - The requirement to replat was never brought up. Mr. Handley received treat comment the day of the Planning and Development Board meeting as a new comment. Both parcels were recently platted and the property in between is being vacated. Comment #27 - Mr. Handley advised that this was a new comment in the staff report on the day of the Planning and Development Board meeting. When Waste Management considered purchasing the property, Mr. Handley contacted staff to see what was necessary to allow the property to be incorporated into the Waste Management property. He was told a use approval was necessary to allow the use in a PID along with site plan and some right-of-way vacations, etc. They have gone through the process. The Planning and Development Board approved the use, and the next item was the site plan in which a comment exists requiring rezoning of the property. He expressed concern about rezoning this property. 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 This issue was never brought up and it does have consequences to the owner of the surrounding property. He would have to dedicate a 25' greenbelt around the propertyto buffer his PID to the M-1 zoning. The Waste Management facility is an accepted use in the M-1 zoning district. If use approval is granted, this use will be an approved use within the PID district, and the applicant does not see any reason for having [o go mrougn a rezoning. The applicant objected to this comment, and the Planning and Develooment Board agreed with the applicant and voted to reject that staff comment. Ms. Heyder said that she discussed Comment #8 with the City Engineer who has taken a slightly differen~ position. He is now highly recommendingreplattingofthe additional Iotsas well as the areas to be abandoned. He also recommends that platting not be a condition of the applicant getting the building permit: nowever, it should ~e a condition of them getting their Certificate of Completion. With regard to Comment #27 (rezoning), Ms. Heyden learned that this item was not discussed early in the process. When it was added to the second run of comments, the use approval had already been submitted. In the event all of the comments were not adopted by the Commission, staff included the condition The Zon lng Code states that zoning lines must follow lot lines. When the two properties are being developed and the expansion occurs, we require unity of title. The lot line, which is currently the zoning line, will disappear. That is the basis for the comment. Ms. Heyden reminded the Commission of the similar circumstances that existed with the Gentleman Jim's property. In that case, they were required to rezone from C-3 to R-3 even though condos are allowed in C-3. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. RJck3d~rr'Ls~attorne~y_for the ap.ulicaQb advised that he had not seen the provision in the Code that was referred to by Ms. Heyden. He does not feel the lot lines disappear because a unity of title is filed. He nas no objection to filing the unity of title, but does not believe that will make this property one lot. Replatting removes ti~e lot lines. In his opinion, replatting is not necessary. Attorney Cherof remarked that he was not certain of the analysis used by Mr. Hukil[ to reach his clarification. Attorney Cherof sees that clarification as a recommendation, and not a requirement; therefore, the recommendation is based on an interpretation of the Code. Lee_Wische~13])2~W 1~ advised that at the Planning and Development Board meeting, when this issue arose, board memberJim Golden, who used to be in our Planning Department, brought up the fact that in his opinion, this did not have to be replatted or rezoned. He is an expert in the field. At the Mayor's request, Attorney Cherof tied together this item and Item F under Public Hearings. He explained that if the Commission approves the site plan modification with the conditions, the issue of the greenbelt disappears to the extent that it is not necessary for the applicant to go back to the Board of Adjustment for a variance. The provision of the Land Development Regulations that deals with the greenbelt provides that "...when the project area is enclosed on all sides...". Attorney Cherof construed 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 that this will be a unified project. The applicant would not have co go to the Board of Adjustment. but would have to pursue the condition of rezonmg. Mr. Handley reiterated that the rezomng was a recommendation of the City Engineer. He does not see a benefit to the City by forcing Waste Management to go through the replatting [~rocess on ~o~s that have recently been platted. He does not see the need for replatting and rezoning, and pointed out that they applied for use approval to allow the use in a PID. One property is Planned Industrial and the other property is Light Industrial. This will be used for ight industrial. Ms. Heyden advised that there is a provision m ~he Code which states that if a property is divided or subdivided more than four times, the replatting process is automatically triggered. A property search has not yet been done on this project. Mr. Handley said the applicant went to me Board of Adjustment last night, but they failed to meet due to lack ora quorum The applicant would be happy to go back to them to seek a variance to eliminate the 25' greenbelt requirement between the proposed contiguous use. Mayor Taylor clarified his unaerstanding of the situation If the Commission goes along with the applicant, they would nave to eliminate all comments with the exception of items #8 and #27, relative to tlae site plan modification Staff wants Comments #8 and #27 included. Therefore. if the Commission decides to go along with the applicant's request, the Board of Adjustment variance would ae eliminated. Mayor Pro Tern Matson suggested eliminating Comments #8 and #27 based or the fact that the applicant received them on the night of the Planning and Development Board meeting. Commissioner Jaskiewicz read from the Planning and Development Board meeting minutes wherein it states 10 of the 20 lots abut the residential zoning. Concern has been expressed that odors can be detected. Mr. Handley advised that this was part of the use approval item. He addressed this issue at the Planning and Development Board meeting. The applicant disagreed with staff's comments that there would be an odor from this use which would affect adjacent properties. The empty containers are brought into the building; cleaned out; sanitized, and then stored in the field. There is no odor prqblem at this location or in the surrounding areas. The applicant objected to this comment at the Planning and Development Board meeting. Ms: Heyden advised that if the Commission approves this site plan modification subject to Comment #27, the Board of Adjustment variance and the use approval are eliminated. Ms. Heyden advised that approval of the use would permit this use on all 20 lots in the PID: If this property were rezoned, it would only allow the use on this one lot which would automatically be 300' from the residences to the north. Mayor Pro Tern Matson reported that friends of hers live two lots away from the horse ranch across from Waste Management. She questioned them about whether or not they have detected an odor problem in their area, and their response was "absolutely not". 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Motion Mayor Pro Tem Matson moved To accept the recommenaation of the Planning and Development Board and eliminate Items #8 and #27. Commissioner Rosen seconded the motion which carried 4-0. Attorney Cherof suggested that me Commission vote to approve tl~e site plan subject to the balance of the administrative conditions. MQtio~ Mayor Pro Terr Matson moved to approve the site plan subject to staff comments. Commissioner Rosen secondea the motion which carried 4-0. Attorney Cherof advised the Commission to now consider the abandonment (Item F). MS. Heyaen advised ma~ a Board of Adjustment variance was still required to delete the greenbelt. Motion Mayor Pro Tem Matson moved to approve ~ased on approval by the Board of Adjustment. Commissioner Rosen seconded the motion which carried 4-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynto~ Beach Distribution Center (Miner Road Access Control Easement) Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A. Waste Management of Florida North perimeter of Lots 18 and 19 of the Boynton Beach Distribution Center ABANDONMENT - Request for abandonment of 5 foot wide access control easement. l?ddcl:lat~s, atloJ~_e_yJoj~the a.n~licanb advised that this involves a 54' strip on the Waste Management property which is dedicated by the Boynton Beach Distribution Center plat for Miner Road.- In addition, just to the south adjacent to it, there is a 5' strip dedicated to the County as an access control easement. If Miner Road goes away, the need for the access control easement is eliminated. The applicant has no problem with the staff comments. Ms. Heyden used the overlay to show the area, and to point out the fact that there is no longer a need for this easement. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS No ONE PRESENT WHO wISHED TO SPEAK ON THIS APPLICATION. 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Mayor Pro Tem Matson moved to approve the Cedar Ridge PUD and High Ridge Commerce Parr PID buffer easement abandonment subject to three staff comments. Commissioner Rosen seconaed the motion which carried 4-0. Conduct a public hearing cohcerning the issuance of bonds for Clipper Cove At City Manager Parker's request, Mark Raymond provided a brief overview of this issue. ~]d~tymond~h bond_counsel Moyle Fla~g~b advised that under the IRS Code, prior to the ~ssuance of certain types of tax exempt bgnds, the governmental issuers are required to hold a ~ublic hearing in accordance with standards set forth in Treasury regulations. This is the public hearing for the bor ds for the Clipper Cove project. The City is not obligated to do anything toward the issuance of tk e bonds: however, the City must provide an opportunity for the public to speaK. MAYOR TAYLOR OPENED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM: THEREFORE, THE PUBLIC HEARING WAS CLOSED AND THE IRS OBLIGATION WAS FULFILLED. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 8:50 P.M. VII. PUBLIC AUDIENCE: As Mr. Stein approacnea the podium. Mayor Taylor announced that since this will oe Mr. Stein's last appearance before the Commission he would allow him a few additional minutes to speak. HarJ~y3~ein. ~(~lLEast O_cean~azeuu~ appeared on behalf of Coastal Towers. individually, and as a citizen of Boynton Beach. He rem inded the Commissioners that ne nas appeared and spoken at every Commission meeting except one since July 27, 1995. on the issue of the proposea construction of a 21 ' elevated briage on Ocean Avenue. The date of July 27, 1995 is significant ~ecause shortly before that. Mr. Stein ~earned that Ann Ford was res~gmng. Her contract ran from 1993, aha had a possible term of well over one year. In his opinion, she was unqualified for the position, and unqualified to make recommenaations which would seriously ~mpact Coastal Towers. Mr. Stein feels that She was the chief architect and proponent of the elevated bridge concept. The Executive Director of the Treasure Coast Regional Planning Council who was. 'n large measure, part of the recommendation made, resigned in October. 1994, jusr a few days before the City Commission. for the first time in a~most 20 years, changed its recommendation to make Ocean Avenue the proposed location for the bridge. Mr. Stein read from the City Commission meeting minutes of January 9, 1995. wherein he stated that ~ne residents of Coastal Towers were in favor of the redevelopment. However. .they felt the marina aortion of the plan could be completed without the bridge as a focal point. Those minutes also reflecteci/he concerns of the residents relative to decreasing property values, noise, etc., as a result of the bridge construction. At that time, Mr. Steir urgee the Commission to take no action for approval of the plan specifically as it related to the bridge. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 At the July 27, 1995 meeting, Mr. Stein stated that the bridge relocation question and its resolution could not affect him personally; however, this is a matter of principle. Mr. Stein is moving out of Coastal Towers a~ the meginnmg of January. He left the following documents with the Commission: 1. A transcript of his presentation before the Commission on Ju y 27, 1995; a copy of a resolution adopted by the City of Delray Beach on November 21, 1995; and 3. a copy of a resolution by the City of Boca Raton adopted November 28, 1995. Mr. Stein read from tne resolutions adopted by both cities wherein they promote the maintenance and repair of the existing bridges spanning the Intracoastal Waterway in Palm Beach County, and urge withholding of federal funds allocated toward subsidizing or financing Ene reconstruction of the Ocean Avenue Bridge until the FDOT nas provided plans which reflect clearances and dimensions acceptable to the business community aha resiclential neighborhoods. Mr. Stein stated that the disadvantages of an elqvated bridge greatly outweigh any advantages. He feels there will be a drastic reduction in the value of Coastal Towers. Ocean Ridge will become a ghost town when the State takes e~gnt beautiful homes which currently exist. In addition, this will destroy the "Boynton Fleet". In Mr. Stein s opinion, an entertainment center in the downtown will bring prostitution and ot[~ er criminal behavior into the area. Mr. Stein recommended that the Commission go back to the drawing boards and come up with a new redevelopment plan that is good for everyone in the City. The present redevelopment plan is seriously flawed. He thanked the Commissioners for listening to him; and to Mayor Taylor for practicing what he preaches. With regard to the two resolutions discussed by Mr. Stein, Mayor Pro Tern Matson said she was incensed when Mayor Lynch brought this issue up at the Municipal League meeting. This is a very divisiVe issue and the Municipal League was not the place for it. She suggested that if other municipalities want to pass a resolution, they should do so, but they should leave the Boynton Beach bridge out of the issue. She suggested that we reinforce to the Municipal League that issues of this nature should not be discussed during those meetings. City Manager Parker advised that Chris O'Hare, Chairman of the Ocean Ridge Bridge Committee, has been leading a charge to see if DOT, FIND, the Army Corps of Engineers, and the Coast Guard would lower the bridge. Everyone has said that conceptually they agree, but they are not willing to delay the bridge. This Fs also the City's position. Recently, it came to light that the Donald Ross Road and Indiantown Road bridges were approved at 90' span rather than the 125', and there was an agreement which was on the County agenda and pulled, that would set the new standard in the County at 125'. Delray Beach and Boca Raton expressed concem relative to future rehabilitation of their bridges. It might have been their impression from Mr. O'Hare that Boynton's position was similar. That situation has been clarified so that we will support the efforts on behalf of Delray Beach and Boca Raton to work with whatever agency necessary to get the best standard in the County. However, since our bridge is 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 the first under this new s~andard, we do not want to fight and delay the bridge construction. We want to move forward at the 125' span. Mayor Taylor pointed out that the neeas of tl~e municipality need to be considered rati~er than just setting a standard. However, Delray Beach and Boca Raton should nave asked us about our feelings on ti~e ~ssue prior to tackling this issue in this manner. City Manager Parker pointed out ti~at they were trying to be helpful to us~ and assumed our position was t~e same as theirs. VIII. DEVELOPMENT PLANS: Commissioner Jaskiewicz moved to remove Items A and B from the table. Commissioner Rosen seconded the motion which carried unanimously. PROJECT NAME: Papa John's .......................................................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL DECE~IBER 19, 1995 AGENT: Interplan Practice Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: LANDSCAPE APPEAL: Request for a lanoscape code appeal to overhang a req aired landscape strip with bumpers of parked cars. The applicant advised that Item A was withdrawn at the last meeting. Commissioner Rosen moved to delete Item VIII-A from the agenda. Commissioner Jaskiewicz seconded the motion which carried unanimously. B. PROJECT NAME: Papa John's ............................................................ TABLED APPLICANT REQUESTED TO BE TABLED UNTIL DECE~IBER 19, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Bea~zh Boulevard DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres Beazuzde~us~with It~terp]an Practice~J~td., represented Papa John's. Following the denial from the Board of Adjustment on the rear setback, the applicant requested tabling of the item to rework the site. The applicant has shortened the building by shifting the cooler to the side of the building: It will be 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 cantilevered over the retention pond on the east side of the building. This allowed the rear corridor to be widen ed to handle two-way traffic. The applicant bas been in negotiation with Wendy's, and they received conceptual approval oftne cross-access easement today by FAX. Ms. Eustace had not received a copy of staff's commen~s until earlier in this meeting, and sne discovered a number of issues requiring discussion. The access to the solid waste and refuse is a problem which has not yet been resolved with Public Works. It was suggested during an earlier review by Mr. Eichorst that this problem be resolved by allowing him access from the Wendy's site. The applicant feels the problem is solved; however, Mr. Eichorst does not feel this is a feasible solution. In the applicant's estimation, this is a solvable problem. Ms. Eustace felt the issue of the water line had been reso~ved. However. she statec~ that Papa John's will bring water to the site and extend the line as needed to service the site. With regard to the DOT drainage certification, site ighting plan, an(] win(~ oad for the pole sign, the applicant has no objections or problems with the comment. There is a comment from the Building Official with regard to the need for two restrooms. In his opinion, this would require an addition to the building. Ms. Eustace had not had an opportunity to spear with the Building Official. but advisea tnat ~ provision exists in the Southern Building Code under the minimum fixture requirements footnotes that allows for one unisex restroom for retail under 1.500 square feet and for restaurants under 500 square feet. Papa John's had gotten a letter from SPC in the past which indicates that because there is no on-premise consun" ption of food, this could be classified as a retail establisnment. Ms. Eustace hopes this issue will oe solvable in that manner with the Building Official The comment relative to the color of the ouffer and retention walls is no problem, and the cross-access prior to building permits is not objectionable. Ms; Eustace requested clarification of the comment relative to Wendy's west prooerty line. With regard to the awnings, the green awnings have been minimized and will be back lighted. The exterior building materials on the outside of the cooler will match the build r g. Ms; Heyden reported that the most important comment is the Public Works Department concern about access to the dun" pster. Ms. Eustace su~)mitted a letter fron" Wendy's International who indicated agreement w th the site pran that proposes a joint access. It read as follows: "Dear Mayor Taylor: I am an authorized representative for Wendy's International which leases and operates the Wendy's on Boynton Beach Boulevard. I have reviewed the site plan for Papa John's, last revised November 28. 1995. That site plan proposea a point of ,oint access. Please be advisee that the joint access is conceptually acceptable to Wendy's subject to finalization of an acceptable formal agreement with Papa John's. Wendy's would have no objection to approval of the PapaJohn's site plan subject to delivery of the formal agreement for the access point within 30 days.' 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 This [e~er was signed by Dennis B. Buchwalter. Director of Real Estate for Wenay's International and dated December 19, 1995. Public Works nas taker its vehicles to the site. Although W ' endy s has consented to Papa John's using their property to access the (]umps~er, because of t[~ e location of the stackin~g, menu board and the turning radius, the trucks cannot make me turn. In addition, because of the joint access contingency, Wendy's customers could use the area to travel back and forth This has a~so created a conflicting traffic situation. Ms. Heyden advised that the Building Department comments can be worked out. as well as the comment relative to the water line. The color of the building appears to be a gray tone, while staff is looking for a color which is closer to beige. Staff is not satisfied with the elevations. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION Ms. Eustace reiterated that the turning radius they show indicates th s problem is solvable. She realizes that it would be difficult to service the site at peak hours. In addition she aoes not feel the utilization of the corner of the drive-through lane would create undue delays. Ms. Eustace recommended that the Commission approve this application on a contingency basis which wob d allow the applicant to try ~o work the site. If it does not work out, and Public Works cannot service the site, the applicant would nave no problem having a private pickup. Papa John's is anxious to get this project underway. They nave been working with staff to solve the problems. She requested the Commission's support. In ~esponse to Commissioner Rosen's question, Ms. Eustace said a private .sanitation company would use ti~e same route that Public Works ~vould use when servicing the site: however, they would pick up at off-peak hours. City Manager Parker advised that a ~rivate company would utilize the same s~ze truck. Public Works would normally schedule early pickup. The applicant has not ShOWn tl~e City the traffic fl Dw. Since there would be a joint agreement bet~veen Wendy's and Papa John's, it would no ~onger be a one-way flow from Papa John's into the Wendy's site. Wendy's traffic will circulate or' me Papa john's site. and vice versa. No traffic diagrams have been submitted. There are four lanes of traffic coming into one point which is a turn-off point on Boynton Beach Boulevard. This concerns staff. It appears this will be a major safety problem during peak times. City Manager Parker q aestioned wh e~ner or n at a cost estimate has been prepared for ti~ e 10" water main. Ms. Eustace responded negatively, but said she will research k. If the cost of this installation is too hign, it will stop the project. However. she would like:to proceea with the intention of bearing the cost. Where the cross-access goes across the property line is a major point of contention. Papa John's will provide traffic control at that intersection. With regard to the NW 7th Cour~ entrance into Papa John's. Ms. Eustace aoes not feel this wil ~e used as an entrance intoWendy's s~te.' However, she would not have a problem posting signs to direct traffic. and she believes this situation is controllable. Mayor Taylor ouestioned whemer or not a vehicle :ould cross [3oynton Beach Boulevara and head left ;~ it Was coming out of NW 7th. Ms. Eustace advisea that a right turn is required before being able to 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 make a U-turn. City Manager Parker advised that the City is in the process of changing the curb cut with DOTto line it up with NW 7th. Mayor Taylor feels this is a traffic disaster waiting to happen. He has problems with the entrances. In addition there are only six parking spaces, one of which is a handicap space. The drivers have to back up to get out of the site. Traffic is coming in every direction. While he wants to nave Papa John's ir this City, and he commended the applicant for the work thal nas peen done, he feels this s an unworkable situation. He suggested finding a ~arger location in the City. Commissioner Rosen realizes that a great deal of money and effort has been put into this project. However. from the beginning, t~ere were so many doubts about this operation on this particular si~e. Mayor Taylor asked what would happen if Wendy's goes out of business, and the new operator does not agree with the cross-access agreement? Attorney Cherof advised that cross-access agreements must be perpetual, be recorded, nave a reference to the City being a party to any proceeding to release it, and that the use that is based b:)on the cross-access agreement must cease and desist if and when the cross-access agreement :s dissolved. At this point, the only thing we have from Wendy's is a letter which states that tl~e concept is acceptable, but we do not have the agreement which contains the terms and conditions. ~en, c~nsel_for PapaJ~hn's. said that ~ne joint access would be a covenant running with the land. ]-im H~..~s~Director of P~eal Estale for thexzn~orati~n, advised that with regard to traffic, the majority of'Papa John's business is done ~etween 6:00 p.m. and 9:00 p.m. The majority of the hamburger business is done at ~unch. Papa John's opens at 11:30 a.rr , and does not generate a great deal of daytime traffic. Papa John's drivers are in and out of the store withir~ three to five m~nutes. All of Papa John's waste consists of ooxes and tin cans because riley do not have on-site consumption. He suggested wnee[ing me dumpster to the location of the Wendy's dumpster in time for pickup to eliminate the truck entering tt~e area. With respect to other loading problems, Papa John's owns its own distribution corr g~any. The oroduct is deliverecl t~vice a week in t~e morning hours. The only other delivery is Coke. M~yor Taylor explained that hauling the dumpster over to Wenc~y's is not a means of solving the problem. Mayor Pro Terr Matson commended the applicants for their efforts, and explained that she would like to s~ee this project in the City. However, she sees this as 10 pounas of deve~ooment on a five pound parcel She is concereecl about traffic flow. There are a lot of problems. Although the clumpster situation might be able to be worked out, she cannot support this project at this time. Mayor Pro Tem Matson does not believe this item was ready to come before the City Commission at tn s time. She wo/Jld welcome this project with radical changes. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Bob Eichorst. Public Works Director. said the time of t~e pickup was not a cot sideration in the decision The problem is that the truck cannot get into the site, Rolling a oumpster out to Wendy's would not work because it is an obstacle course. Mr. Eisen thanked the Commission for the comments. He q ~estioned wh ether or not this application could be tabled indefinitely for the purpose of investigating it further. The company bought the site with the belief that it could be developed. Tabling this application indefinitely would eliminate the need for going back through the process again. Commissioner Jaskiewicz admitted that this project seems ~mpossible on this site but she is not in favor of an outright denial, She will support tabling this application. Molio~ Mayor ?to Tem Matson moved to table this aDDlication indefinitely. Commissioner Jaskiewicz seconded the motion Attorney Cherof advised that procedures require the Commission to table to the next meeting or to a time specific. Mayor Pro Tem Matson moved to table to the first meeting in March. Commissioner Jaskiewicz seconded the motion which carried 4-0. City Manager Parker offered to send Public Works staff out to the site with the truck so that the applicant can see the operation. Attorney Cherof advised that the first meeting in March will be on March 5, 1996. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: High Ridge Commerce Park PID Joseph D. Handley, Craven Thompson & Associates, Inc. Waste Management of Palm Beach High Ridge Commerce Park PID Lots 15, 16, 17 and 18 (South side of Commerce Road, approximately 304 feet east of High Ridge Drive) USE APPROVAL - Request to establish within the High Ridge Commerce Park PID exterior truck and solid waste container storage as a permitted use. jLoe HandJey: age_~tJ:or the app]icanb said this item is the request for a use approval to allow solid waste container storage and truck parking as a permitted use in the PID. 28 MINUTES REGULAR CITY COMMISSION MEETING BOYN TON BEACH, FLORIDA DECEMBER 19, 1995 An analysis was ~erformed, and wnen it was submitted addressing the 11 items staff wanted addressed, staff agreed with tne analysis with the exception of the odors and fumes ~ssue. Waste Management's oosition was that no odors or fumes will be perceptible. Ms. Heyden displayed a map an(] showed that the use approval will cover all lots. To the north is Cedar Ridge PUD. An undeveloped area exists at present: however~ an active master plan for town homes ~s in progress. She explained that staff has concerns about the distance of this use to the residences. Therefore. staff is recommending approval of this use subject to a distance req airement of 300', enwronmental review, and as an accessory use in conjunction with a principa~ use. In response To Mayor Tay or's question, Ms. Heyden pointed out t~e areas on the map where the use would not be permitted. Ms. Heyden explained that these lots would come before the City Commission as separate use approvals. Mr. Handley said that Waste Management would not be affected by the distance requirement recommended by staff. Commissioner Rosen questioned whether or not the property owner of the parcel where the town homes wil be built is aware of this application by Waste Management. Ms. Heyden responded affirmatively and advised that the property owner ~s one and the ~ame. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Mayor Pro Tern Matsor moved to approve the previously-approved site plan to add land area to construct additional exterior paved truck storage and expand the exterior container storage yard at Waste Management of Palm Beach. High Ridge Commerce Park PID, Lots 15, 16, 17 and 18. C(~mmissior er Rosen seconded one motion. Attorney Cherof advised that a motion for the use approval was required. ~otion Mayor Pro Tem Matson moved to establish in High Ridge Commerce Park PID exterior truck and solid waste container storage as a permitted use, Commissioner Jaskiewicz questioned whether this motion was subject to staff comments. Mayor Pro Tern Matson responded negatively. Commissioner Jaskiewicz amended the motion to grant approval subiect to staff comments. Commissioner Rosen seconded the motion which carried 4-0. 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: This application was addressed eadier Waste Management of Palm Beach - South Joseph D. Handley, Craven Thompson & Associates. Inc. Waste Management of Palm Beach High Ridge Commerce Park PID Lots 15.1(5 17and 18 Soutl~ side of Commerce Roaa, approximately 304 feet east of High Ridge Drive) SITE PLAN MODIFICATION - Request to amend the previously approved site plan to add land area to construct additional ex[erior paved truck storage and an expanded exterior container storage yard. in the meeting under Public Hearing. E. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Tara Oaks PUD Kieran J. Kilday, Kilday & Associates. Inc. for Pulte Home Corp. Tara Oaks Development Corn party Northeast corner of Woolbright Road and Knuth Road extended MASTER PLAN MODIFICATION - Request to amend the previously approved PUD master plan to revise direct access points, alter the location and type of private recreation, change unit type from apartments to town houses, establish perimeter buffer easements and certain setbacks, enlarge size of residential Pod 1 and church parcel and reduce open space and retention area of Pod 2. Mayor Taylor announced that the Commission was very familiar with this project. Therefore, he requested that only new information be discussed. City Manager Parker referred to Planning and Zoning Memorandum 95-727. She advised that the applicant is in agreement with all of the comments past Comment #4. She amended Comment #4 to read: "The entire length of Knuth Road will be treated as one project. It will be required to be bonded as one project from Woolbright Road to Boynton Beach Boulevard. The bond will be calculated according to our Code and the applicant will have 21 months from the date of plat approval to finalize construction ofthe road. lfnotfinished, the City calls the bond and constructs the road. The section from Woolbright Road to the canal must be entirely completed before issuance of the first CO for Tara Oaks. The remainder of the road must continue to be constructed simultaneously with the remainder of the project with the protection of the City being an outside timetable of 21 months." Kieran Kilday said their only concern with this condition is that prior to the first CO, they must complete the road from Woolbright Road up to the project entrance and beyond that to the canal. Sometimes permits slow a project down, and staff has agreed to work with the applicant to keep things moving. The applicant is concerned with the fact that there may be units ready to come on line, but the last few hundred feet of roadway construction might be left. 3O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Attorney Cherof inq aired as to whether or not the applicant was in agreement with the 33 staff comments. Mr. Kilday confirmee that all comments were acceptable with the addition of the amendment mentioned this evening. Ms. Heyden said the revisions are itemized in Exhibit "C" of Planning and Zoning Memorandum No. 95-727. Mr. Kilday feels the new system of listing conditions is very clear. M~tio~ Commissioner Jaskiewicz moved to approve subject to all staff comments, and additional verbiage as read into the record by the City Manager. Mayor Pro Tem Matson seconded the motion which carried unanimously. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tern Lynne Matson 1. Purple Heart Way This item was addressed under Item III-B.7. 2. Public Transportation Mayor Pro Tern Matson advised that she has been riding the City buses and at most, there were two people on tne bus. She inquired as to whether or not this service can be advertised in Funfare or on public television. The bus service is not being utilized by the citizens. City Manager Parker advised that the new CoTran schedules are available. Once we know where the stops are and the tir~ 9s involved, we may want to review our bus service. Mayor Pro Tern Matson said she nas received comments from residents in Boynton Lakes and the Meadows who have difficulty utilizing the buses because tl~ey cannot walk the distances necessary to get them to the bus stops. She recommended that the pus routes be reviewed in an effort to make the puses more accessible to the citizens Dy having the buses travel the loops in those communities to eliminate having the residents walk to Congress Avenue. This is done in Leisureville and these other communities could have the same option Commissioner Rosen questioned how far we have gotten with the bus shelters. City Manager Parker wasiofthe opinion that seven shelters are now in construction. Commissioner Rosen recommended posting the pus schedules on these shelters. He also pointed out that the bus service can be publicized in the Hunters Run newsletter. 3. It's Better in Boynton Campaign Mayor Pro Tem Matson feels many of the City's programs should be publicized. We have D.A.R.E., the R.A.P. program, and Explorer's. Delray Beach nas been advertising their programs and ours are 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 going unnoticed. She recommenas that we begin utilizing the media a litt, e more to get recognition for our programs. Mayor Taylor feels our Public Information Officer will be able to handle this request. Consider request for a block party on White Hall Way - December 31, 1995 from 9:00 P.M. [o 2:00 A.M. Mayor Pro Tern Matson moved to approve. Commissioner Rosen seconded the motion Which carried unanimously. ×. LEGAL'.' A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 095-46 RE: Land Use Amendment- SChOOl Board of Palm Beach County IPoinciana Elementary School Project) Attorney Cherof read Propose(] Ordinance No. 095-46 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Moti~ Cdmmissioner Jaskiewicz moved to approve Proposed Ordinance No. O95-46 on second and final reading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 095-47 RE: Rezoning - School Board of Palm Beach County (Poinciana Elementary School Project} Lots 13.14. 15 and 16 Attorney Cherof read Propose(] Ordinar ce No. 095-47 by title only. MAYOR TAYLOR ANNOUNCE D TH E PUBLIC HEARING. Moti~J~ Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O95-47 on second and final reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 095-48 RE: Rezoning- School Board of Palm Beach County (Poinciana Elemen[ary School Projec[i 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Attorney Cherof read Proposed Ordinance No. 095-48 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Mayor Pro Tem Matson moved to approve Proposed Ordinance No. O95-48 on second and final reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanJrr ous. B. Ordinances - 1st Reading: None C. Resolutions None D. Other None UNFINISHED BUSIN ESS: None XI. XII. CITY MANAGER'S REPORT: None XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adiourned at 10:20 p.m. 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 ATTEST: CITY OF BOYNTON BEACH Mayor ~ Vice M[~y~o r~ Mayor Pro Tern Ci~lerk ecretary 34 III. CONSENT AGENDA D cc: Util, Rec, Fin CITY OF BOYNTON BEACH, CITY COMMISSION AGENDA APPROVAL OF BILLS DECEMBER 19, 1995 MOTOROLA ................................................. $18,653;49 Quarterly Maintenance Agreement Paymenzs Pay From Gen Fund -- 001-197-5-431-00 ROBERT G. CURRIE PARTNERSHIP ........................... $ 25,012~85 Elem School Design Project - Pymt for 20%, Blueprints Original Contract Miscellaneous Expense Adjusted Contract Payments to date Current Payment Contract Balance $125,000.00 24.26 125,024.26 18,761.41 25,012.85 $ 81,250.00 Pay From Gen Fund -- 001-000-1-693-18 S & S ROOFING SOUTH [NC 5 .................................. $19,931.00 P.O. 10170. GC Clubhouse Retool Project, Pymt #2 & Final Pymt #3 Original Contract Change Orders Payments to Date Current Payment Contract Balance $24,890.00 0.00 4,959.00 19,931.00 $ 0.00 Pay From GC Rev Fund -- 411-725-5-629-00 4. SCRWTD BOARD ............................................ $188,290.90 ~' 11/95 User Charges PaY From W & S Rev Fand -- 401-353-5-490-09 DEC 19 APPROVAL 4 SOUTH FLORIDA UTILITIES P.O. 9781. LS 317 Modifications, Pymt .................................. # 5 $ 47,833.32 Original Contract Change Orders Paymcmts to Date Current Payment Contract Balance $424,094.00 0.00 152,652.33 47,833.32 223,608.35 Pay From 1990 Const Fund -- 409-000-691-10 P.B.C. SOLID WASTE AUTHORITY 11/95 User Fees, Sweeper Charge ............................ $ 75,077.88 Pay From Sanitation Fund -- 433-341-5-490-01, $74,595.88 Pay From Gen Fund -- 001-411-5-490-01, $482.00 ZAUN EQUIPMENT COMPANY. P.O. l 1022. Toro Replacement Unit ............................... $12,055.00 Pay From GC Rev Fund -- 411-726-5-680-08 ERNST & YOUNG LLP ........................................ $17,000.00 Professional Audit Services Through 12/15/95 Pay From Gen Fund-- 001-131-5-466-00 OEC ~ ~ APPROVAL THE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. ~YW. SWANN~ FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKEI~ CITY MANAGER COMMISSION DEC 19 AppRQYAL