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Minutes 04-20-99 MINUTES OF THE, REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 20, 1999 at 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Reverend Bob Hahn, First United Methodist Church Pledge of Allegiance to the Flag led by Vice Mayor Henderson Tillman Mayor Broening called the meeting to order at 6:30 p.m. In the absence of Reverend Hahn, Hank Ackermann, the City's Neighborhood Specialist and a former Army Chaplain gave the invocation, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Tillman. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that Item C.2 be moved to Public Hearings as Item C. Attorney Cherof requested that under Legal, Item XI.A.4 be moved up in order to be heard before Items XI.A, 1,2 and 3. Attorney Cherof requested that the Commission consider moving the closed-door Executive Session to be held immediately following Public Audience. Commissioner Denahan requested that Item F. on the Consent Agenda be removed for discussion. 2. Adoption Commissioner Denahan moved to approve the agenda, as amended. Commissioner Sherman seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Appointment Length of Term To Be Made Board Expiration Date Mayor Children & Youth Advisory Board Stu/Reg 1 yr term to 4/00TABLED (2) T Weiland Children & Youth Advisory Board Alt 1 yr term to 4/00 TABLED(2) TV Tillman Children & Youth Advisory Board Reg 2 yr term to 4/01 TABLED(2) Mayor Children & Youth Advisory Board Reg 2 yr term to 4/01 TABLED(2) T Weiland Children & Youth Advisory Board Alt i yr term to 4/00 TABLED(2) TIT Sherman Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00 TABLED(2) Mayor Bldg. Board of Adjustment & AppealsReg 3 yr term to 4/01 TABLED(2) I Weiland Bldg. Board of Adjustment & AppealsReg 3 yr term to 4/02 TABLED(2) III Sherman Bldg. Board of Adjustment & AppealsAIt 1 yr term to 4/00 TABLED(2) IV Tillman Bldg. Board of Adjustment & AppealsAIt 3 yr term to 4/01 TABLED(2) IT Denahan Cemetery Board Reg 3 yr term to 4/01 TABLED(2) TT! Sherman Cemetery Board Reg 3 yr term to 4/02 TABLED(2) ZV Tillman Code Enforcement Board Alt I yr term to 9/99 TABLED(2) TT[ Sherman Community Relations Board Reg 3 yr term to 4/00 TABLED(2) ZV Tillman Community Relations Board Reg 3 yr term to 4/00 TABLED(2) Mayor Community Relations Board Alt I yr term to 4/00 TABLED(2) T Weiland Community Relations Board Reg 3 yr term to 4/02 TABLED(2) TV Tillman Community Relations Board Alt I yr term to 4/00 TABLED(2) TT Denahan Education Advisory Board Alt 1 yr term TTT Sherman Education Advisory Board Reg 2 yr term TV Tillman Education Advisory Board Reg 2 yr term T Weiland Education Advisory Board Alt 1 yr term II! Sherman Education Advisory Board Stu 1 yr term V Tillman Library Board Reg 3 yr term Mayor Library Board Reg 3 yr term T Weiland Library Board Reg 3 yr term IT! Sherman Library Board Alt I yr term Mayor Nuisance Abatement Board Reg 2 yr term T Weiland Nuisance Abatement Board Reg 2 yr term IV Tillman Planning & Development Board Reg 2 yr term Mayor Recreation & Parks Board Alt 1 yr term to 4 f00 TABLED(2) to 4 fO1 TABLED(2) to 4 f01 TABLED(2) to 4 f00 TABLED(2) to 4 f00 TABLED(2) to 4 f02 TABLED(2) to 4 f02 TABLED(2) to 4f02 TABLED(2) to 4 f00 TABLED(2) to 4/01 TABLED(2) to 4/01 TABLED(2) to 4/01 TABLED(2) to 4/00 TABLED(2) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 ! Weiland Recreation & Parks Board Alt TV Tillman Recreation & Parks Board Reg 1 yr term to 4/00 TABLED(2) 3 yr term to 4/02 TABLED(2) Mayor Senior Advisory Board Reg ! Weiland Senior Advisory Board Reg ITl Sherman Senior Advisory Board Reg TV Tillman Senior Advisory Board Alt Mayor Senior Advisory Board Alt IT:[ Sherman Firefighters' Pension Board Reg 2 yr term to 4/01 TABLED(2) 2 yr term to 4/01 TABLED(2) 2 yr term to 4/01 TABLED(2) 1 yr term to 4/00 TABLED(2) 1 yr term to 4/00 TABLED(2) 2 yr term to 4/01 TABLED(2) The following City Advisory Board appointments were made without objection: Name Board Appointed By Term EXpires Christine Wilson Advisory Board on Commissioner 4/00 Alternate member Children & Youth Weiland Dorothy Davis Advisory Board on Vice Mayor 4/01 Regular member Children & Youth Tillman Steve Kuehn, Advisory Board on Mayor 4/00 Student Regular/Voting Children & Youth Broening Mary Morera Advisory Board on Mayor 4/01 Regular member Children & Youth Broening Melvin Sternbach Building Board of Commissioner 4/02 Regular member Adjustment & Appeal Weiland Tim Hensley Cemetery Board Commissioner 4/01 Regular member Denahan Brett Sherman Community Relations Vice Mayor 4/00 Regular member Board Tillman Floyd Beil Community Relations Commissioner 4/02 Regular member Board Weiland Michael Hazlett Education Advisory Commissioner 4/00 Alternate member Board Denahan Blanche Girtman Education Advisory Commissioner 4/00 Alternate member Board Weiland Alice Warren Library Board Mayor 4/02 Regular member Broening Jane Zimmerman Library Board Commissioner 4/02 Regular member Weiland Tom Warnke Nuisance Abatement Commissioner 4/01 Regular member Board Weiland Marshall Friedland Planning & Development Vice Mayor 4/01 Regular Member Tillman MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, '1999 Kathryn Palladino Recreation & Parks Commissioner 4/00 Alternate member Board Weiland Sara Williams Senior Advisory Board Mayor 4/01 Regular member Broening Betty Collins Senior Advisory Board Commissioner 4/01 Regular Sherman Amelia Benell Senior Advisory Board Commissioner 4/01 Regular member Weiland All remaining appointments were tabled. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: None Presentation of $3,036 check to Mimi Haley, Special Events Coordinator and Robert N. Hochburg, Director of Government Affairs for Kids in Distress - Police Chief Marshall Gage Chief Gage and the recipients took the podium. Chief Gage invited the representative from Gold Coast Builders to come to the podium. Chief Gage explained that Gold Coast Builders Association was building a house and the proceeds from the sale of the house would be donated to the Kids in Distress Program. Gold Coast Builders asked the City for a waiver of the water meter fee, which the City is not allowed to grant. Chief Gage said he was asked by the Mayor and Commissioners if the Police Department could consider this request through the Law Enforcement Trust Funds, which are seized funds and does permit the funds to be used for youth programs and drug campaigns. There were sufficient LETF funds available that would allow the Police Department to give $3,036 directly to Kids in Distress, which represented the meter fees. Chief Gage requested that the President of Gold Coast Builders present the check to Ms. Mimi Haley. Ms. Haley thanked the City for their generous contribution and for helping save the lives of many children who are in desperate need of help due to abuse. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 CONSENT AGENDA: A. Minutes: Regular City Commission Meeting of April 6, 1999 City Commission Workshop Meeting of April 9, 1999 Bids - Recommend Approval- All expenditures are approved in the 1998- 99 Adopted Budget Approve multi-award of the CO-OP BID - ROAD CONSTRUCTION MATERIALS - ANNUAL CONTRACT/SHELLROCK-DELIVERED portion to: Primary: L.B. Trucking & Construction, Inc., for an approximate amount of $28,000; and Secondary: Austin Tupler Trucking, Inc. for an approximate amount of $4,150 with an anticipated annual expenditure of approximately $32,150 Acknowledgement and approval of the ORIGINAL AND ADDITIONAL ASBESTOS REMOVAL, "piggyback" the School District of Palm Beach County Bids, per the Department of Environmental Regulation's requirements from Entek Environmental Services, in the amount of $3,800 and Simpson & Associates, Inc., in the amount of $12,124.54, bringing the asbestos removal total to $15,924.54 Approve the Change Order for additional funds for the Meter Replacement Program, utilizing a "piggyback" from the Seacoast Utilities (Palm Beach Gardens) BID/COLD WATER METERS/5- YEARS CONTRACT with Sensus Technologies, Inc., in the amount of $255,000, bringing the annual anticipated expenditure to $528,000 Approve Change Order #1 for an increase expenditure of $96,025 from the BID - METAL CONTAINERS AND ROLL-OFFS to Industrial Refuse Sales, for an annual estimated expenditure of $125,025 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Approve a "piggyback" purchase for the REPLACEMENT OF FIXTURES AT OCEANFRONT PARK, utilizing a Delray Beach Bid for Electrical Services from Davco Electrical Contractors, Corp., in the amount of $13,901 Approve piggyback purchase of INFRARED VIDEO IMAGING CAMERA W/ACCESSORIES/MODEL - ISI VISIONS III, utilizing a City of Sunrise Bid, awarded to Municipal Equipment Company, in the amount of $24,295 Approve the purchase of a RESCUE AMBULANCE TRUCK, utilizing the piggyback option with a City of Oviedo Bid from Wheeled Coach Industries, Inc., in the amount of $119,686 Award the bid for "ANNUAL CONTRACT FOR SECURITY OFFICERS SERVICE FOR THE EZELL HESTER, JR. COMMUNITY CENTER" to Art Hall Protection Service with an annual estimated expenditure of $16,016 Extend the ''ANNUAL CONTRACT FOR BACKFLOW PREVENTION DEVICE INSPECTION AND TESTING SERVICES" for an additional one-year period to Dee Maria Plumbing, Inc., in the amount of $10,800 C. Resolutions: Proposed Resolution No. R99-49 Re: Authorizing and directing the Mayor and City Clerk to execute an interlocal agreement between the City of Boynton Beach and the Town of Ocean Ridge providing for emergency medical services to the Town of Ocean Ridge Proposed Resolution No. R99-50 Re: Approving a special warranty deed conveying title to Andra Jackson for Lots 50, 51 and the west 20' of Lot 52, Cherry Hills, and Debborrah Washington for Lots 60, 61 and the west 10' of Lot 62, Cherry Hills Moved to Public Hearings as Item C at the request of Attorney Cherof. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Proposed Resolution No. R99-51 Re: Confirming appointment of George Matthew Immler as Assistant Police for the City of Boynton Beach the Chief of Proposed Resolution No. R99- 52 Re: Accepting a Letter of Credit from Ohio Savings Bank in the amount of $461,005 for surety for the required water and sewer improvements to be constructed in Coral Lakes Xll, a single-family home subdivision located outside of the City limits Ratification of Planning & Development Board Action: Pelican Estates, Inc. - 1340 Neptune Drive - ReqUest for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.H.16 to allow for a reduction in the required ratios of one (1) parking space per 800 square feet (warehouse use) to one (1) parking space per 1,000 square feet, and one (1) parking space per 500 square feet (manufacturing use) to one (1) parking space per 600 square feet, which represents a reduction of six (6) required spaces Mobil Station at Quantum Park PID - Southwest corner of Gateway Boulevard and High Ridge Road - Request the list of approved uses for the Quantum Park PID be amended to include gasoline sales with convenience store and car wash PGD, Inc.- 151 Commerce Road, High Ridge Commerce Park PID - Request the list of approved uses for the High Ridge Commerce Park PID be amended to include the manufacturing, wholesale and storage of cast stone products PGD, Inc.- 151 Commerce Road, High Ridge Commerce Park- Request approval to construct a 19,293 square foot building to be used for manufacturing, wholesale and storage of architectural cast stone products Approve amendment to the 1998-99 Facade Grant Program Rules by adding a clause which prohibits applicants from receiving any grant funds if there are outstanding City liens against their property 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Authorize the final reimbursement payment of $1,304.75 to Agape Dry Cleaners under the first Facade Grant program At the request of Commissioner Denahan, Item F was removed from the Consent Agenda for discussion. Approve $19,367, which includes SHIP funding, for the purpose of rehabilitating the home of Paul and Gladys Yazell, located at 2731 NE 4th Street, Boynton Beach Approval of SHIP funds in the amount of $11,400 to Pierre and Marie Santerre in order to build, as first-time homebuyers, on property located on SW 14th Avenue in Boynton Beach Approve payment for annual technical support and maintenance from IBM, Inc. of Armonk, New York for the City's new IBM AS/400e600 system in the amount of $12,798.50 Authorize application by the City of Boynton Beach for two LSTA grants on behalf of the Cooperative Authority for Library Automation (COALA) consisting of Boynton Beach City Library, Lake Park Public Library, Palm Springs Public Library and West Palm Beach Public Library K. Authorize the Library to apply for two LSTA grants Replace Mike Rumpf as the representative to the Intergovernmental Plan Amendment Review Committee's Intergovernmental Coordination Element Sub-Committee with Virginia Farace, Library Director Motion Commissioner Denahan moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Weiland. Motion carried 5-0. Commissioner Denahan introduced the first item pulled from the Consent Agenda: Authorize the final reimbursement payment of $1,304.75 to Agape Dry Cleaners under the first Fa~:ade Grant program. Commissioner Denahan noted that staff is recommending the final reimbursement payment of $1,304.75 to Agape Dry Cleaners under the first Fa~;ade Grant Program. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Commissioner Denahan said that the final payment should be made to Agape Cleaners. However, Commissioner Denahan noted that in the preceding Consent Agenda Item E, fa~;ade grants would be prohibited to any applicants if there were outstanding City liens against the property. Commissioner Denahan noted it is important to help these businesses, but wanted to bring to the attention of the public that the City is aware of this and the process is being made more effective. Motion Vice Mayor Tillman moved to approve Item F. Motion seconded by Commissioner Weiland. Motion carried 5-0. V. CITY MANAGER'S REPORT: Interim City Manager Hawkins reported that on Sunday evening at approximately 8:54 p.m., 13 firefighters, two fire engines and one ladder truck from the Boynton Beach Fire Department responded to a call at the Kid's Kingdom Playground regarding a fully engulfed fire. The fire was extinguished in only 30 minutes. The fire was initially determined to be suspicious in origin and Interim City Manager Hawkins said that tonight at 6:00 p.m., the Boynton Beach Police Detectives announced that a 12 year old juvenile was taken into custody for arson at the Kid's Kingdom. This particular youth has an extensive criminal history and has admitted to setting the fire. Officers Ron Ryan and John Gonzales and Detectives Toby Athol and Bill Shortley are to be congratulated for their fine work. The youth bragged about setting the fire. The local children who heard this juvenile bragging were upset about the destruction of their favorite playground and provided the information when questioned by the uniformed officers. Interim City Manager Hawkins said the City is going to move swiftly to repair the playground and has already contacted the insurance company and hopefully the playground will be fully operational within 60 to 90 days. Interim City Manager Hawkins thanked the Police Department and the Fire Department for all their diligent work. VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Mr. Steve Waldman of 41 Sausalito Drive, Boynton Beach stated there were tickets still available for the charity basketball game between the Boynton Beach Police Department and the Congress Middle School students to be held on Friday, April 23, 1999 at 7:00 p.m. The cost is $5.00 for adults, $3.00 for students. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Secondly, Mr. Waldman asked about the status of the contract with the Police Department. Attorney Cherof stated negotiations are ongoing. Mr. Waldman said he is proud to be living in Boynton Beach and would like the City to be able to recruit people for the Police Department as a career, not just a job. Further, Mr. Waldman would like Boynton Beach to be viewed as a good place to live, where people raise their families and retire. Mr. Ron Washam, 112 St. Atlantic Drive, Boynton Beach informed the Commission that Thursday, April 22, 1999 is Youth in Government Day which is sponsored by the Community Relations Board of Boynton Beach. There are three separate portions of the day. Orientation is at 8:00 a.m. in the Chambers. At 12:30, at the Madsen Center, the Youth in Government Day Luncheon will take place. The mock City Commission Meeting with the students will take place in the Commission Chambers at 7:00 p.m. Mr. Washam thanked Mayor Broening and Fire Chief Bingham for attending the Royal Palm School on Sunday to witness the record-breaking signing attempt and the event made the Guinness Book of World Records for having 668 people to sign a single song. Charlie Fisher, 8069 Stirrup Cay Court, Boynton Beach commended the Parks and Recreation staff on the Easter Egg Hunt which was extremely organized and under control considering the great amount of children that participated. Everyone had a wonderful time. This event was held in cooperation with the Jaycees and others. Secondly, Mr. Fisher said if volunteers are needed to rebuild Kid's Kingdom, there are plenty of volunteers in the Community and the City should feel free to ask. Mr. Fisher said he would be glad to help. Michael Spivey and Sylvia Carr, 2000 NW 1st Street accused Christopher Mitchell of the City's Development Department of misuse of funds that were granted to Ms. Sylvia Carr for repairs to her home. The funds were intended for redevelopment of Miss Carr's home and Mr. Spivey said that there are "kick-backs" and "stealing" going on. Mr. Spivey said he has proof that items that were supposed to be paid for were not paid for. Mr. Spivey said that $22,000 was used to remodel the home and the house is still totally torn apart. Mr. Spivey said he had pictures to prove the work has not been completed and said he wanted something done about this. Mr. Spivey said this has been ongoing for three years. Ms. Sylvia Carr said her main concern is that she and her children have to live in this house. Ms. Carr said that Ms. Sherrod made a comment to her 15-year-old daughter and she resents the comment. Ms. Carr said she is a hard working parent and is trying 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 to have a nice home for herself and her children. Ms. Carr would like to know where the money is going. Ms. Susan Ordway, 4283 Juniper Terrace, Boynton Beach said she has been involved in many volunteer activities in the City of Boynton Beach and has raised her daughter with the same premise to always help and reach out when there is a need in the community. Ms. Ordway said her daughter has come up with a good idea to help rebuild the Kid's Kingdom and introduced her daughter Melody Ordway to the Commission. Ms. Melody Ordway said she would like to sell tee shirts with the logo "Project Playground" and drew a sketch on how the front of the shirt should look. Ms. Ordway would like to sell sponsorships for the back of the tee shirts. Ms. Ordway would like the back of the tee shirt to state "rebuilding our playground" and would like to dedicate the project for all children from all children. Ms. Ordway thanked the Commission. Mr. Mack McCray, 806 NW 4th Street, Boynton Beach said he resides in the northern section of Boynton Beach and is concerned about the blight conditions in his community. Mr. McCray said sidewalks are needed for the children who walk to Galaxy Elementary School. Mr. McCray said that NW 4th Street is a very busy street leading into Cherry Hill and sidewalks are needed. Mr. McCray said that $29,000 in renovations to the Wilson Center was insufficient and that more money should have been spent to renovate the Center. Mr. McCray said that more money should be spent on Police Officers so that better Police Officers can be present in the neighborhoods. Mr. McCray said that the fire hydrant being placed on NW 4th Street has water continually running and the read has been torn up for three weeks. Mr. Mike Arnold of Soma Development stated that in January he approached the prior City Commission on their Gateway Park Project and the matter was tabled. Mr. Arnold said that at the last CRA meeting it was determined that the property would be turned into a park and additional parking for boat trailers. Mr. Arnold presented an artist's rendering of a project they would like to propose for this property and asked if the CRA was able to consider any additional ideas, or is the City Park a reality. Mayor Broening responded that the CRA is having a meeting on Monday, April 26th at 6:30 p.m. and informed Mr. Arnold that there are three new members on the Commission and said it was premature for the Commission to respond to the question. Mayor Broening invited Mr. Arnold to attend the CRA meeting. Mr. Edward Tedtmann, 869 NW 8th Avenue, Boynton Beach, noted that the police salary debate has been ongoing for a long time and that there has been no progress MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 made. Mr. Tedtmann said the debate should be made open to the public to participate and the issue could be settled sooner. Mr. Herb Suss, a Boynton Beach resident, asked if any decision has been made with regard to membership in the City's Golf Course. Mayor Broening suggested that Mr. Suss speak with Mr. Hawkins at the conclusion of the meeting, as the Mayor was not sure on the status of the Golf Course membership. Secondly, Mr. Suss asked about the downtown development and the Mayor said he did not have any details and would be glad to speak with him after the meeting. Mr. Suss said that his questions should be answered while he is at the podium so that the audience can also have the benefit of an answer. Mayor Broening stated that even though the newspaper indicated that an investor did pull out, the project is not in any type of jeopardy and is moving ahead. Mr. Suss said he agreed that a national search for a City Manager was the right thing to do and asked for' a status report. Mayor Broening said this would be discussed during the meeting. Mr. Suss said that Boynton Beach's G.A.L.A. far out did the Delray Affair and he complimented the City and the staff. Mr. Suss said he would like to make a donation for the Kid's Kingdom renovations and suggested that the City should make some type of announcement for donations. Mr. Suss said the City has lost in one year 15 police officers and that he had a meeting with Police Chief Gage who confirmed this. Mr. Suss asked for answers to his questions. There was no more public audience. Attorney Cherof announced that the City Commission was recessing into an Executive Session for the purpose of discussing a case pending in Palm Beach County Circuit Court, City of Boynton Beach vs. Eleanor Marie Shepard, et als. The case involves the City's condemnation of land on the east side for drainage ponds. The meeting recessed at 7:13 p.m. THE MEETING RECONVENED A T 8:17 P.M. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, '1999 VII. PUBLIC HEARING: project: Agent: Owner: Location: Description: Unisite at Quantum Park Andy Zitman Zitman & Associates, Inc. City of Boynton Beach Optimist Park at Quantum Park Request approval to construct a 140' communication tower with antennas, equipment, and access road TABLED FROM 4/6/99 MEETING) Attorney Cherof stated that there is a recommendation from staff that this project be stricken from the Agenda and must be re-noticed. Motion Commissioner Denahan moved that the Commission accept staff's recommendation to remove this item from the Agenda. Motion seconded by Commissioner Weiland. Motion carried 5-0. Project: Agent: Owner: Location: Description: Robert Katz Historic House Martin O'Shea Robert Katz 306 SE 1st Avenue Request approval of amendment to the Future Land Use Map of the Comprehensive Plan from Low Density Residential (LDR) to Local Retail Commercial (LRC) and rezone the property from R-I-A to C2 to allow for adaptive reuse of historic home and parking facilities Attorney Cherof stated that this is a quasi-judicial hearing and anyone who would be testifying must be sworn in and the documents in the agenda packets are automatically made part of the record of the proceedings. Attorney Cherof said if any party wishes to make any other documents part of the record, please identify them and leave a copy with the Clerk. Attorney Cherof administered the oath to all persons who would be testifying. Mr. Robert Currie, the architect for the project, took the podium. Mr. Currie said he was remiss when he did not explain at the Planning and Development meeting the applicant's request for the rezoning. Mr. Currie presented a plan of the warehouses on MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Ocean Avenue along the tracks. The two lots for the warehouses are already zoned commercial and it is intended to make the warehouses into shops and boutiques, but site plan approval is necessary. Mr. Currie said there is not enough room on the property to park, but showed where there would be parking on another lot which is located on the restored historical house property. This property has to be rezoned to provide for sufficient parking and then the applicant would apply for site plan approval. Mr. Currie presented an artist's rendering of the height elevations. Mr. Currie said there is a wall on the south and west side of the property to protect the residential neighborhood. Mr. Currie said that Mr. Katz purchased the oldest house in Boynton Beach, restored it and moved it for the purpose of having an attraction for the overall development. The house has approximately 450 square feet on the ground floor and 450 on the second floor (which has no access) and has been made into a museum. There are a great deal of historic objects on the property and Mr. Katz would like to have a coffee shop and create activity in the area, as well as in the restored house. Mr. Currie said the house would serve coffee, pastry and donuts and in the evening could offer patrons an after-dinner drink. The house cannot accommodate a great many people and will not be enlarged. Mr. Currie said the house would not be made into a restaurant, but is necessary for the revitalization of the area. Mr. Currie said that a woman spoke against the project, but Mr. Rick Katz spoke to residents within the three-block area and 95 people all are in favor of the project. Mr. Currie said that they agree to comply with all staff recommendations. Mr. Currie said that Mr. Katz has spent a great deal of money on this project and is trying to do something beneficial for Boynton Beach. Mr. Currie hopes that the Commission will support this request. Mr. Jim Warnke, 617 Lakeside Harbor, Boynton Beach said he has been Mr. Katz's historian for the past year. Mr. Warnke said it was Mr. Katz's ambition that the house be restored to look like it originally did at the turn of the century and presented before and after pictures of the house for the Commission to review. Mr. Warnke stated that the renovations cost $200,000. Mr. Warnke said Mr. Katz lived in Boynton Beach in his youth and moved to California and started a business. Mr. Katz plans to return to Boynton Beach to live in a few years. Mr. Warnke noted that Mr. Katz is the only person to have ever put over $1 million into the downtown area and this was done without asking for any taxpayer money. This will enable Mr. Katz to open up the house with free admission and noted that almost 1,500 people visited the house during the G.A.L.A. Mr. Warnke said the project would become an integral part of 20/20 Visions and the remainder of the buildings that would be renovated in the downtown area would be wonderful. Mr. Warnke urged the Commission to support this project. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Former Mayor "Jerry" Taylor, 1086 SW 26th Avenue, Boynton Beach said he is in support of this project and for a long time Boynton Beach has been talking about creating destinations in the downtown area to draw people to the downtown. Former Mayor Taylor felt this could be one of the first catalysts to accomplish this and to compliment all the plans being formulated for downtown. Former Mayor Taylor did not agree that the establishment should be closed at 6:00 p.m. and in order to bring people downtown, the house must be open in the evening. Former Mayor Taylor said that people having coffee or wine do not make noise, the train 20' away makes noise. Mayor Taylor said this would create a great atmosphere and would bring in families and tourists and urged the Commission to approve the project. Micheline Many, 1001 Coral Court, Boynton Beach supports the project for herself and a downtown neighbor and thanked Mr. Currie for his update. Ms. Many was surprised that there were negative comments about the project. Ms. Many lives directly across from the restored house and agreed with Mayor Taylor that the train is what causes the noise in the area. Ms. Many said that she and neighbors would welcome life in the neighborhood, including culture and activities and the house is too beautiful to sit there without anyone enjoying it. Lee Wische, 1302 SW 18th Street, Boynton Beach said he was present this evening to defend the actions of the Planning and Development Board as Chairman of that Board. Mr. Wische said that when the Board voted on the project last Tuesday night, they voted on what was presented and admired the honesty of Mr. Currie in admitting that he did not present the proper picture. The Board voted on what was actually presented and at the meeting Mr. Currie was not sure what would be going in the property. Mr. Wische said many things could go in a C-2 area, such as a car wash, laundromat, dry cleaning, bicycle shop, music stores, and all kinds of other shops. Mr. Wische said the Planning and Development Board did what was right and that they represented the City in accordance to what was presented. Mr. Wische said what was presented tonight was never seen by his Board. Mr. Al DeMarco, a resident of Quail Ridge complimented the restoration of the old house. Mr. DeMarco urged the Commissioners to visit the house to determine the great amount of money that went into the restoration. Mr. DeMarco said that there are plans by members of the Woman's Club to become involved in furnishing the house with antiques. Mr. DeMarco said that he supports the project 100%. Mayor Broening asked if any Commissioners had any comments. Commissioner Denahan said that her initial reaction was to limit the hours of operation in order to confine the impact on the homeowners. However, after hearing from the public 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 audience, Commission Denahan felt that the hours should not be limited and is in support of the project wholeheartedly. Vice Mayor Tillman said this is a continuation of what the Commission would like to see in Boynton Beach which is more downtown development. Vice Mayor Tillman felt that the Katz house is monumental and has historical value. Vice Mayor Tillman said he supports this project and noted it is for the betterment of downtown. Commissioner Weiland said the coffeehouse would be a valuable commodity to Boynton Beach and Commissioner Weiland would like assurances from Mr. Katz that the property would not be used for limited breakfast or light lunch or any type of small restaurant. Commissioner Weiland said that there needs to be some guidelines as to what would be permitted at the house. Commissioner Sherman said he was in favor of the project as proposed. Commissioner Sherman said it is impOrtant that there is a downtown available to the City residents. Mayor Broening said he visited the house and was impressed that not only was a great deal of money put into the project, but Mayor Broening also observed the Katz brothers working very hard driving nails and painting. Mayor Broening felt the Katz brothers put more than money into the project and this is a labor of love. The Mayor supports the project wholeheartedly as welll. Motion Vice Mayor Tillman moved to approve the Katz historic house and the recommended zoning changes. Motion seconded by Commissioner Weiland. Motion carried 5-0. Attorney Cherof said that item C.2 that was moved to Public Hearings must be heard. Attorney Cherof read item C.2 as follows: Proposed Resolution No. R99-50 Re: Approving a special warranty deed conveying title to Andra Jackson for Lots 50, 51 and the west 20' of Lot 52, Cherry Hills, and Debborrah Washington for Lots 60, 61 and the west 10' of Lot 62, Cherry Hills Mayor Broening declared the public hearing open to the audience. Hearing none, closed the public hearing. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Motion Vice Mayor Tillman moved for approval of Item C.2. Denahan. Motion unanimously carried. VIII. BIDS: Motion seconded by Commissioner None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Approve the Neighborhood Partnership Program Application from the Hampshire Gardens Homeowners' Association for Phase I. (Total cost of project is $21,400 - City of Boynton Beach contribution is $5,000.) Approve the Neighborhood Partnership Program Application from the Venetian Isle Neighborhood Association. (Total cost of project is $6,929.44 - City of Boynton Beach contribution is $3,500.) Interim City Manager Hawkins said there are two Neighborhood Partnership Program Applications for approval and asked Mr. Ackermann to update the Commission on the applications. Mr. Ackermann said that the Hampshire Gardens Homeowner's Association has an extensive plan for redoing the sides and the front of the property. The front of the property fronts Federal Highway. The project is broken down into two phases. They are asking the City to partnership the first phase, which would include aluminum fencing, beautification, and hedges at a cost of $21,400. Hampshire Gardens will be putting in the "sweat equity", as well as purchasing a great many of the materials and qualifies for the City to contribute the maximum of $5,000. Mr. Ackermann said the second project is a partnership program with Venetian Isle Neighborhood Association. They are proposing to replace old signage with new signage at the entrances to the property and the planting of trees and plants. Mr. Ackermann said that a committee and technical review committee looked at both projects and they have been cleared. Mr. Ackermann noted the cost of this project is $6,929.44 and they are asking for $3,500 from the City, which they qualify for. Mr. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Ackermann stated that Venetian Isle is on Old Boynton Road and has become active as a neighborhood association. Motion Commissioner Denahan moved to approve the Neighborhood Partnership Program Application from the Hampshire Gardens Homeowners' Association for Phase I. Motion seconded by Vice Mayor Tillman. Motion carried 5-0. Motion Vice Mayor Tillman moved to approve the Neighborhood Application from the Venetian Isle Neighborhood Association. Commissioner Denahan. Motion carried 5-0. Partnership Program Motion seconded by XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Attorney Cherof stated that No. 4 (the Annexation Ordinance No. O99-11) will be taken first, followed by items 1,2 and 3. Proposed Ordinance No. O99-11 Re: Regarding the application of Wal-Mart Stores East, Inc., (a 9.64 acre parcel located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard); annexing a certain unincorporated tract of land that is contiguous to the City limits within Palm Beach County, providing the proper land use designation and proper zoning of the property shall be reflected in separate Ordinances passed simultaneously Attorney Cherof read proposed Ordinance O99-11 by title only. Mayor Broening stated this was the 2nd Reading of Proposed Ordinance No. O99-11 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing. Motion Vice Mayor Tillman moved to approve Ordinance O99-11. Commissioner Denahan. Motion seconded by 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-08 Re: Regarding the application of Wal-Mart Stores East, Inc., amending Ordinance 91-70 by rezoning a certain tract of land (consisting of 32.37 acres) from AG (Agricultural) to C-3 (Community Commercial) Attorney Cherof read proposed Ordinance O99-08 by title only. Mayor Broening stated this was the 2nd Reading of Proposed Ordinance No. O99-08 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing. Motion Vice Mayor Tillman moved to approve Ordinance O99-08. Motion seconded by Commissioner Denahan. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-09 Re: Regarding the application of Wal-Mart Stores East, Inc., amending Ordinance 91-70 by rezoning a certain tract of land from AR (Agricultural Residential) to C-3 (Community Commercial) Attorney Cherof read proposed Ordinance O99-09 by title only. Mayor Broening stated this was the 2nd Reading of Proposed Ordinance No. O99-09 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing. Motion Commissioner Denahan moved to approve Ordinance O99-09. Motion seconded by Vice Mayor Tillman. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-10 Re: Regarding 9.64 acres of land owned by Wal-Mart Stores East, Inc.; amending Ordinance 89- 38 by amending the Future Land Use Element of the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Comprehensive Plan of the City by changing the land use designation from C-H (Commercial High) in Palm Beach County to Local Retail Commercial Attorney Cherof read proposed Ordinance O99-10 by title only. Mayor Broening stated this was the 2nd Reading of Proposed Ordinance No. O99-10 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing. Motion Vice Mayor Tillman moved to approve Ordinance O99-10. Motion seconded by Commissioner Denahan. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances- 1st Reading None C. Resolutions: Proposed Resolution No. R99-53 Re: Appointing a representative and alternate representative to the Multi- Jurisdictional Issues Coordination Forum Commissioner Denahan volunteered to Jurisdictional Issues Coordination Forum. Alternate. serve as the representative to the Multi- Commissioner Weiland volunteered to be the Motion Vice Mayor Tillman moved to adopt R99-53. Motion seconded by Commissioner Denahan. Motion carried 5-0. Proposed Resolution No. R99-54 Re: Appointing a representative and alternate representative to the Palm Beach County Municipal League 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Commissioner Denahan volunteered to serve as the representative to the Palm Beach County Municipal League. Commissioner Weiland volunteered to be an alternate. Commissioner Denahan stated that the Municipal League recommends that the entire Commission be listed as alternates. Attorney Cherof confirmed this. Motion Vice Mayor Tillman moved to adopt R99-54. Motion seconded by Commissioner Denahan. Motion carried 5-0. Proposed Resolution No. R99-55 Re: Appointing a representative and alternate representative to the Metropolitan Planning Organization Mayor Broening volunteered to serve as the representative to the Metropolitan Planning Organization. Commissioner Denahan stated that the Metropolitan Planning Organization recommends that the entire Commission be listed as alternates. Commissioner Denahan recommended that the remaining Commissioners be the alternates. Motion Vice Mayor Tillman moved to adopt R99-55. Motion seconded by Commissioner Denahan. Motion carried 5-0. D. Other: Accept the settlement with plaintiff in the amount of $12,500 in the case Bonnie Bloom v. City of Boynton Beach, et al Interim City Manager Hawkins informed the Commissioners that the case went to mediation and this is the recommended settlement. The case involved an accident with a police car in pursuit. Motion Commissioner Denahan moved to approve the settlement in the case Bonnie Bloom v. City of Boynton Beach, et al. Motion seconded by Vice Mayor Tillman. Motion carried 5- 0. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 2. Ratification of Code Compliance Board action: Reduce the fine in Case #97-3295 (Lender's Associates Home Equity Services, Inc.) from $9,175 to the administrative costs of $6,343.12 Mr. Scott Blasie from the Code Enforcement Department took the podium and noted there is a typographical error and that the administrative costs should be $634.12. Mr. Blasie stated the reduction was approved unanimously by the Code Compliance Board. Motion Vice Mayor Tillman moved approval in Case #97-3295 to reducing the fine to $634.12. Motion seconded by Commissioner Weiland. Motion carried 5-0. b. Reduce the fine in Case #97-909 (Peter Browne) from $3,625 to the administrative costs of $826.18 Mr. Blasie stated that the Code Compliance Board voted 4-3 to reduce the fine from $3,625 to administrative costs of $826.18. Mr. Blasie referred the Commissioners to the Code Board minutes in their packet. Mr. Blasie said that the applicant stated he has been doing this for many years and he is an investor. The Code Compliance Board made their decision based on the fact that some of the members felt that the fine should not be reduced to just administrative costs. Mr. Blasie stated Mr. Browne was present to answer any questions. Commissioner Denahan asked if the applicant's only other recourse was to go against the title company. Mr. Blasie stated that this is still available to the applicant even if the Commission agrees to the fine reduction. Commissioner Denahan said that she would not recommend that the fine be reduced to just administrative costs. Mr. Peter Browne stated he does not have any recourse to go back to the title company and it was an oversight on his part and that he did not read the fine print and had to accept the title company's search. Vice Mayor Tillman asked Mr. Browne if he did this for a business and he said he did this primarily. Mr. Browne said he has been in the business for approximately four years. Mr. Browne stated it was the previous owner who was responsible for the fines, but never went back to the Board for a lien reduction and the previous owner lost the property through foreclosure. Commissioner Denahan asked Mr. Browne if he paid the application fee for a lien reduction and he stated he did. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 Commissioner Weiland asked Mr. Blasie how Mr. Browne reacted to rectifying the situation. Mr. Blasie said he corrected everything right away. Mr. Blasie said the fines were on record when Mr. Browne purchased the property, but he was not aware of their existence at that time. Motion Vice Mayor Tillman moved approval in Case #97-3295 to reducing the fine from $3,625 to the administrative costs of $826.18. Motion seconded by Commissioner Weiland. Motion carried 4-1. (Commissioner Denahan dissenting) XII. UNFINISHED BUSINESS: A. Update on City Manager Recruitment Interim City Manager Hawkins said that the Commission held a workshop session and directed staff to find a firm that would work in conjunction with Human Resources to conduct the City Manager Search and that has been done. Recommendations will be made tonight. Interim City Manager Hawkins said that the Commission would be asked to select a firm to work with Human Resources; and secondly, to set a subsequent workshop to discuss the second phase, which is selection. Mr. Arthur Lee, Human Resource Director, presented a handout to the Commissioners. Mr. Hawkins asked Mr. Lee to update the Commission on the City Manager search. Mr. Lee said that a workshop was held to determine the direction to go in with the City Manager Search. Four options were looked at: · In-house appointment, · HR conducting the entire search, · Piggy-backing with neighboring jurisdictions, and · Submittal of RFP's. At that workshop it was determined to go ahead with the RFP process in conjunction with the HR function. The selected firm would cover the national portion and HR would do the logistical work, such as advertising and interviewing. The Commission was referred to the handouts, which consisted of the traditional listing for the position that would be posted in-house, as well as in journals and trade magazines. The second handout pertains to the five firms that Mr. Lee contacted - 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 · Slavin · Mercer · DMG · Baenziger · LaRue The handout gives a breakdown of what each firm charges for their services and the charges are not only for the full cost of the search, but include recruitment and conducting the interviewing as well. Each firm indicated they would be willing to modify the process if HR would be conducting certain portions of it. Mr. Lee explained how the firms were rated and there were 10 criteria to be considered. Mr. Lee said a 0 to 5 rating was used for each of the firms and the firms were divided into "large firms" and "small firms". Mr. Lee said that a recommendation has been made and is highlighted in the gray area of the handout, which is Mercer. Mr. Lee said he would like to present to the Commission how he arrived at this selection. · The first criterion was cost. Mr. Lee said there were lower costs with the smaller firms, but Mercer is one of the major firms that can perform all the functions at a similar price to the smaller firms. Traditionally, Mercer charges more, but they are in the area conducting searches for the City of Ft. Lauderdale and the Town of Davie. Mr. Mercer said since they were already in the area, they could discount their normal fee. · Also, Mr. Mercer will be conducting the search himself. · Mercer maintains a database. · Mercer has familiarity with the South Florida area and has done numerous searches in South Florida, such as Delray Beach, Boca Raton and West Palm Beach. They have also done executive searches for Palm Beach County. Mr. Lee said that all firms said the search could be done between 60 to 90 days. HR has contacted other agencies and management associations and is waiting for the Commission to approve the selection so that the process can proceed. Mayor Broening inquired if the job description presented this evening differs from the previous one furnished. Mr. Lee said that a profile of the City is included at the top. The only thing different as far as the job description is concerned is the inclusion of "Department Heads" will be considered. Commissioner Denahan inquired what the premise was behind the definition of "methodology" and noted only one firm received a 5. Mr. Lee said that Slavin and Mercer have a flow chart of every step along the way and none of the other firms had MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 20, 1999 flow charts. They have a method charted out on how they would undertake their search. It was actually visible to determine what Slavin and Mercer were going to do. Mayor Broening inquired if the City has used any of these firms previously and Mr. Lee said not to his knowledge. Mr. Lee said they used DMG for the pay and class study. Mr. Lee noted that DMG and LaRue only listed two City Manager searches in their proposals. Motion Vice Mayor Tillman moved to approve staff's recommendation to utilize the firm of Mercer. Motion seconded by Commissioner Weiland. Motion carried 5-0. Mayor Broening asked for a motion to approve the announcement as presented. Motion Commissioner Denahan moved to approve the announcement as presented. Vice Mayor Tillman seconded the motion. Motion carried 5-0. Mayor Broening asked Mr. Hawkins the purpose of the workshop. Mr. Hawkins said it would be to review the profile and the methodology of how a profile is developed and the Commission will decide on what the final profile will be. Also the process of interviewing itself will be discussed. Mr. Lee said it is common practice to have the profile in advance in order to facilitate the search and it would normally be forwarded to each of the candidates. Therefore, it would be good to have a workshop as soon as possible. After discussion, it was determined to set a City Commission Workshop date for Monday, May 3rd at 6:30 p.m. in Conference Room C, in the West Wing. XIIl. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:23 p.m. 25 MEETING MINUTES REGULAR CITY COMMISSION . BOYNTON BEACH, FLORIDA APRIL 20, 1999 ATTEST; 'City'Clerk Recording Secretary (Two Tapes) Vide Mayor Com~ner Commissioner 26 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Robert Katz Historic House (LUAR 98-002) APPLICANT'S AGENT: Martin L. O'Shea APPLICANT'S ADDRESS: 334 Gardena Blvd. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 1999 TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning LOCATION OF PROPERTY: 306 SE 1st Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS __ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested 'by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. __ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:\SHRDATA\Planning~SHARED\WP\PROJECTS~,obert Katz Historic House\ LUAR~DEVELOPMENT ORDER.doc EXHIBIT "C" Conditions of Approval Project name: Robert Katz Historic House File number: LUAR 98-002 Reference: Land Use Amendment/Rezoning DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Use of the subject property will be limited to a historic home, ancillary X elements such as garage/utility building, outdoor gathering and entertainment areas, and parking facilities. 2. The code-required buffer wall be constructed on the south and west sides of X Robert Katz Historic House LUAR 98-002 Page 2 of 2 DEPARTMENTS INCLUDE REJECT the property concurrent with the construction of parking facilities on the site. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. Denied due to potential impacts on the neighborhood if used for purposes X other then a historic museum. ADDITIONAL CITY COMMISSION CONDITIONS 4. Limit signage to wall signage designed to be compatible with the scale and X character of the historic structure. 5. Limit parking area lighting poles to a maximum height of 10 feet. X 6. Limit the structure to its current size. X 7. Approved the reclassification of the subject property to Local Retail X Commercial, and rezone to C-2, Neighborhood Commercial. MWR/kcw/dim J:\SHRDATA~PLANN1NG\SHARED\WP~PROJECTSXJ~ATZ - ROBERT-HISTORIC HOUSE~LUAR~EXHIBIT C - COND OF APPRVL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pelican Estates, Inc. APPLICANT'S AGENT: William Koch APPLICANT'S ADDRESS: 1340 Neptune Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 1999 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: 1340 Neptune Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other (/ City Clerk J:\S H RDATA~Planning\S HARE D~WP\p RO J ECTS\Pelican Estates\P KLV~Develop. Order. doc EXHIBIT "C" Conditions of Approval Project name: Pelican Estates File number: ZNCV 99-003 Reference: Application dated March 1, 1999. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS 1. T~ be dete_.-m!ned. ,4/'~,~ J:\$HRDATA\PLANNING\$HARED\WP\PROJECTS\PELiCAN ESTATE$~.NCWCOND. OF APPR. DOC\ ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~ CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: PGD, Inc. (USAP 99-001) APPLICANT'S AGENT: Richard C. Ahrens APPLICANT'S ADDRESS: P.O. Box 112 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 1999 TYPE OF RELIEF SOUGHT: Use Approval LOCATION OF PROPERTY: 151 Commerce Road, High Ridge Commerce Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby × GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~"~~' ,f ,'"-').~-_/'-~-'~ _~%, ,,O?~ ..~.~a~..,~c_,/~,,j~'----,,~ ~~ 0 %,. ~ ~ , ~ City Cler~ ~, ~ .......... J:~SHRDATA~Planning~SHARED~WP~PROJECTS~PGD INC~USAP~Develop. Order.doc ~/~ F~O ~ EXHIBIT "C" Conditions of Approval Project name: PGD, Inc. File number: USAP 99-001 Reference: Use Approval DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determ'~ned. ~,~r'~ MWR/kcw/dim J:\SHRDATA',PLANN1NGkSHARED\WP~PROJECTS~PGD INC\USAPkEXI-~BIT C - COND OF APPKVL.DOC ~, DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: PGD, Inc. (NWSP 99-002) APPLICANT'S AGENT: Richard C. Ahrens APPLICANT'S ADDRESS: P.O. Box 112 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 151 Commerce Road, High Ridge Commerce Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: City J AS H RDATA~Planning~S HARED~PRO J ECTS~PGD~N~ P~D EVELOPMENT ORDER,doc EXHIBIT "C" 2nd REVIEW COMMENTS Project name: PGD, Inc. File number: NWSP 99-002 Reference: 2nd Review, New Site Plan. File # NWSP 99-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Dumpster gates must swing clear of opening to maintain minimum of 10 feet X wide opening. Add note to details to ensure same. 2. The City of Boynton Beach, Solid Waste Division must service waste removal in X connection with construction process. UTILITIES Comments: 3. Dept. of I-IRS permits will be required for the water and sewer systems serving X this project. (Sec. 26-12) 4. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be paid X for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. Based upon a 1.5-inch meter, the fee will be $1,205.82. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 5. All plans submitted for specific permits shall meet the city's code requirements X at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. BUILDING DIVISION I Page 2 File Name: PGD, Inc. File No.: NWSP 99-002 DEPARTMENTS INCLUDE REJECT Comments: 6. Plan drawings (sheets) inconsistently reflect use. Amend plans to describe use as X manufacturing. 7. At time of permit review, submit a copy of the South Florida Water Management X District permit that verifies the proposed finish floor elevation is in compliance with the minimum standards of the permit. 8. Compliance with the building codes will be evaluated at time of permit review. X The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. Repeat note regarding signage shown on sheet 303 on the site plan (sheet 101). X Ch.21 Art. VI Sec.7 Par.A&B 10. Add to safe triangle note that landscaping within to be maintained below 36" X inches. Include on the site plan and landscape plans, 10' safe sight triangles. Ch.7.5 Art. Il Sec.5 Par. H. 1 11. Since only palms are permitted in a utility easement remove 3 mct. Provide 4 X trees, (3 palms = 1 tree), one tree for each 40 lineal feet of right-of-way frontage. Ch.7.5 Art. II Sec.5 Par.D.1. 135.14 - 40 = trees = 12 palms. Example: Total of 4 groupings of 3 palms maximum spacing of 40 feet in the areas between the right of way and building and in parking lot terminal islands. 12. Show sod and irrigation to be added to that portion north of the buffer wall, or X alternative maintenance plan acceptable to the City. 13. To avoid conflict between dumpster service and accessible parking space, switch X the space with adjacent landscaped island and shape tip of island to match entry angle to dumpster. Page 3 File Name: PGD, Inc. File No.: NWSP 99-002 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING ANDEVELOPMENT BOARD CONDITIONS 15. None. X ADDITIONAL CITY COMMISSION CONDITIONS 16. T-~l~etevm~d. tlt~,qa / MWR/dim J:\SHRDATAkPLANN/NG~SHARED\WP~PRO JECT S~PGD rNC~qWSP\2ND REVIEW COMMENTS.DOC