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Minutes 01-05-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, ~ANUARY 5, 1999 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem Jamie 'l'itcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: Am Call to Order- Mayor Jerry Taylor Invocation - Reverend David Gasperson, Sherbrooke Baptist Church Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:34 p.m. led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Following the invocation, Mayor Taylor City Manager Willis requested that Item V-A be deleted to allow for additional review time. Mayor Taylor requested the addition of Item TTT-A. 1, "Presentation by Maurice Rosenstock". Vice Mayor .laskiewicz requested the addition of Ttem TTT.A.3, "Post Office Correspondence" and Ttem TTT-A.4, "Landscaping Code". Mayor Taylor requested the addition of Item X-A, "Ocean Ridge's New Beach Ordinance". Mayor Taylor announced that the applicants have requested that Ttems :[V-D.1 and D.2 and Item VII-A be postponed until January :[9, :L999. 2. Adoption Commissioner Titcomb moved to approve the agenda as amended. Mayor Pro Tem Tillman seconded the motion that carried unanimously. II, ADMINISTRATIVE: A. Appointments to be made: MEETING MINUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLORIDA 3ANUARY 5, 1999 Appointment To Be Made Board Length of Term Expiration Date II! Jaskiewicz Mayor Taylor I Titcomb* II Denahan TT! Jaskiewicz Denahan ! Titcomb IV Tillman ! Titcomb TV Tillman* Mayor Taylor* I Titcomb* II Denahan Adv. Bd. On Children & Youth Stu/Reg 1 yr Adv. Bd. on Children & Youth Alt I yr Adv. Bd. on Children & Youth Alt 1 yr Adv. Bd. on Children & Youth Reg 2 yr Bldg. Bd. Of Adjustment & Appeals Alt i yr Code Compliance Board Alt 1 yr Code Compliance Board Alt i yr Cemetery Board Alt i yr Community Relations Board Reg 3 yr Community Relations Board Reg 3 yr Community Relations Board Alt i yr Recreation & Parks Board Alt 1 yr Recreation & Parks Board Alt 1 yr term to 4 term to 4 term to 4 term to 4 term to 4 term to 9 ~99 term to 9 ~99 term to 4 '99 term to 4 ~00 term to 4/00 term to 4/99 term to 4/99 term to 4/99 f99 f99 TABLED-2 f99 TABLED-3 f99 TABLED-2 ~99 TABLED-2 TABLED-2 TABLED-3 TABLED-3 TABLED-3 TABLED-2 Motion With no one wishing to make an appointment, Commissioner Titcomb moved to table all appointments that were not already tabled. Mayor Pro Tem Tillman seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Community Redevelopment Agency (CRA) Meeting - Wednesday, January 13, ::[999 @ 6:30 p.m. - City Commission Chambers Mayor Taylor made this announcement. City Commission Workshop Meeting - Monday, January 25, 1999 @ 6:30 p.m. to discuss Stormwater - City Commission Chambers Mayor Taylor made this announcement. 3. Post Office Correspondence Vice Mayor 3askiewicz announced that as of May Ist, all residents of the City of Boynton Beach would have Boynton Beach zip codes. The residents will be receiving a letter confirming this fact in the early part of February. 4. Landscaping Code Vice Mayor Jaskiewicz reported that procedural details and legal agreements are still being worked on. A report will be presented at the next City Commission meeting. HEETZNG MTNUTES REGULAR CTTY COHM'rSSTON BOYNTON BEACH~ FLORTDA .1ANUARY 5, 1999 B. Presentations: 1. Proclamations: None 2. Presentation by Maurice Rosenstock On behalf of the Board of Governors of the Hunters Run Golf and Racquet Club, IVlaurice Rosenstock of One Villa Lane, presented checks to the City of Boynton Beach for unfunded items needed in specific City departments. The contributions are as follows: $2,000 to the Library for the Children's Museum $1,600 for general use in the Library $1,500 to the Parks Division for the photo contest $1,500 to the Police Department to purchase body shield protection equipment Mr. Rosenstock also relayed information regarding the fact that in Seattle, Washington, any developer who builds commercial or office complexes must contribute a certain percentage of money for artwork. With that concept in mind, Hunters Run Golf and Racquet Club has offered the City of Boynton Beach a metal statue as the beginning of a program of artwork in public places. Mayor Taylor extended the City's appreciation to the Board of Governors and the residents of Hunters Run for this outstanding contribution. TV. CONSENT AGENDA: A, Minutes: 1. Regular City Commission Meeting of December 15, 1998 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Approve piggybacking a Palm Beach County Bid for "FENCE REPAIR"to Tropical Fence, Inc. for various Lift Station repair and installation projects, with an estimated expenditure of $25,000 Approve multi-award of the "REBID OF THE ANNUAL REQUIREMENTS FOR BULK FERTILIZER" to Harrell's Inc. and Howard Fertilizer Co., Inc., with an annual expenditure of $67,300 Approve award of the bid for "ANNUAL CONTRACT FOR PEST CONTROL SERVICES FOR VARIOUS CITY OF BOYNTON BEACH FACILI-I~ES AND MEE'I/NG MTNUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH~ FLORZDA 3ANUARY 5, 1999 LOCA-I'~ONS' to Falk Pest Control, :[nc., in the amount of $542/month ($6,504 annually) Approve award of "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 TRR~GAT:[ON SUPPL:[ES" to various vendors on a lot-by-lot basis, with an estimated annual expenditure of $30,000 C. Resolutions: Proposed Resolution No. R99-01 Re: Authorizing the Mayor and City Clerk to execute a first addendum to the contract for Lake Diving Service at Boynton Beach Municipal Golf Course between the City of Boynton Beach and Nitro/Second Chance Proposed Resolution No. R99-02 Re: Authorizing the Mayor and City Clerk to execute a street lighting agreement with Florida Power & Light for the installation, maintenance and operation of underground streetlights on Gateway Boulevard between Seacrest Boulevard and Federal Highway and to authorize an expenditure not-to-exceed $55,000 for the underground replacement of overhead electric lines currently existing on Gateway Boulevard Proposed Resolution No. R99-03 Re: Authorizing the Mayor and City Clerk to execute Disaster Relief Funding Agreements between the City of Boynton Beach, and the State of Florida Department of Community Affairs for the Federal Emergency Management Agency Declarations in regard to reimbursement for Hurricane Georges D. Ratification of Planning & Development Board Action: Grove Plaza (Donna West, Agent) - Southeast corner of Hypoluxo & Lawrence Roads - Request for modifications to the previously approved master plan to reconfigure lot lines to create a separate common area tract, modify Parcel A from 7500 sq. ft. of retail/pharmacy to a 2960 sq. ft. convenience store/gas station, modify Parcel C from 4500 sq. ft. of retail to 6540 sq. ft. of retail, modify Parcel D from 6500 sq. ft. of retail to 9000 sq. ft. of retail, add turn lane and change the southerly driveway. (I"A~£~O TO .~ANUAR Y5~h At the applicant's request, this item was tabled to January 19th. Melear PUD (Julian Bryan/Continental Homes of Florida, :[nc.) - Southwest corner of Miner Road and Sandalwood Drive - Request for modifications to the previously approved master plan to reduce required lot size, omit the commercial parcel, and change distribution of dwelling unit type in connection with ultimate plan to construct 128 townhomes, MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .1ANUARY 5,, 1999 117 zero-lot line and 64 single-family homes on 59.84 acres. (TABLED TO.XANUARY5~ MEETING) At the applicant's request, this item was tabled to 3anuary 19th. Approve PURCHASE OF VARIOUS VEHICLES/NEW AND REPLACEMENT for Police, Fire, Community Redevelopment, Risk Management, Code Enforcement, Recreation, Parks, Facilities Management, Vehicle Service, Streets, Sanitation and Utilities, utilizing various sources and using multi-vendors for a total purchase amount of $1,230,449 Approve Change Order #2 in the amount of $56,842.54 to cover modifications at Master Lift Stations 356 and 309 Authorize Ernst & Young to perform annual arbitrage calculations on all bond issues Motion Commissioner Titcomb moved to approve the Consent Agenda. seconded the motion that carried unanimously. Vice Mayor ]askiewicz V. CITY MANAGER'S REPORT: Approve expenditure of $117,520 from City Contingency Fund for completion of Senior Center Phase I renovation to cover revised cost estimate from Gee & .lensen At City Manager Willis' request, this item was deleted from the agenda to allow additional review time. Authorize reimbursement of $825 to Scully's Market due to the successful completion of the store's fa~;ade improvements and consideration of additional submittal City Manager Willis reported that this item was placed on the agenda under City Manager's Report for consideration of additional reimbursement for improvements that Mr. Scully is not entitled to under Phase I of the Fa(;ade Grant Program. He is seeking reimbursement under Phase IT, Vice Mayor Jaskiewicz confirmed with City Manager Willis that the City's reimbursement is limited to exterior improvements under the Fa~;ade Grant Program. 'Vice Mayor Jaskiewicz noted that many of the improvements were not related to exterior improvements, MEETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLORTDA .1ANUARY 5~ 1999 Mayor Taylor realized that some of the improvements predated the program. Therefore, he was not in favor of setting a precedent by authorizing reimbursement for those improvements. He confirmed that he would support the $825 reimbursement recommended by staff. City Manager Willis advised that the date of Mr. Scully's award letter was January 28, 1998. Phase TT of the Fa(;ade Improvement Program began on December 1, 1998. Commissioner Titcomb questioned whether Mr. Scully was making improvements concurrently with discussions of Phase TT being implemented and perhaps it was his assumption that his expenses would be recoverable. City Manager Willis said she was unable to speculate on that. Vice Mayor .laskiewicz reported that there is another business in the downtown area that would also like reimbursement for improvements if Mr. Scully's request were granted. Mayor Taylor reiterated that this would set a precedent that he is opposed to. Motion Vice Mayor .laskiewicz moved to approve the reimbursement of $825. Mayor Pro Tem Tillman seconded the motion that carried unanimously. VT. PUBLTC AUDTENCE: Herb Suss expressed his desire for the City to provide the Police Officers with a pay plan. He feels too many qualified Police Officers have left the City and more Officers are planning to leave this month. He does not want the safety of the citizens compromised. He further recommended that the firefighters' salaries be brought in line and suggested a tax increase if necessary to accomplish this. Mayor Taylor feels the Police Department is aware of the fact that the City Commission shares Mr. Suss' sentiments. He explained that the City must work within the law to negotiate with the Police Department and to compensate them for the job they do. He reported that a tentative agreement has been reached with the Police Department relative to the pay scale. Dee Zibelli, -!.~.0 Ocean Parkway, attended the Ocean Ridge Town meeting last evening when they passed a beach Ordinance that requires the City of Boynton Beach to apply for a permit for events held at our beach. This Ordinance also requires a $1,000 security bond for each event and insurance coverage of no less than $500,000. Ms. Zibelli questioned how the Town of Ocean Ridge could demand these requirements on property that belongs to the City of Boynton Beach. She further questioned why the residents of Ocean Ridge are paying only $10 for a beach decal. She recommended that the City of Boynton Beach charge the Town of Ocean Ridge for use of our land next to their Town Hall. Mayor Taylor advised that he learned of this Ordinance this morning when he read about it in the newspaper. He intended to discuss this issue later in the meeting. However, he directed the City Attorney to investigate the legality of the Town of Ocean Ridge passing an Ordinance MEETING MINUTES REGULAR CITY COHI~ITSSION BOYNTON BEACH, FLORIDA 3ANUARY 5, 1999 that controls activity on our property. Mayor Taylor is opposed to this Ordinance and believes it is ridiculous. Sunny Garcia reminded the City Commissioners of his previous recommendation to construct a track around the football field at Hester Park. He stated that four lanes would fit in that location. He suggested that the City build the track so that the children would not have to travel to Congress Middle School for this activity. John Wildner, Parks Superintendent, advised that he and Wally Majors investigated the possibility of constructing this track as recommended by Mr. Garcia and determined that there is inadequate space around the football field for the track. Although four lanes would fit, there is not enough space beyond the four lanes to meet requirements. Messrs. Wildner and Majors have been in contact with track coaches who are looking forward to the new high school in Quantum Park since it will have a track available. Georqe Brown, 213 NE 9th Avenue, explained that he bought this property in February of 1997 and has been working on improvements since that time. No water has ever been used on the property since he purchased it; however, he has received a bill in excess of $800. He advised that prior to purchasing the property, he made sure there were no liens or outstanding bills owed on the property. Although he has spoken with Robin Butler in August, the City Manager's Office and others, only a minor adjustment has been and he continues to receive this high bill. He requested assistance from the City Commission. Mayor Taylor advised that the City Manager would investigate this situation to find out how the bill got to $800. He explained to Mr. Brown that even when water is not used, the customer would receive a minor bill. Mr. Brown was aware of this fact and willing to pay a minor bill. At Mayor Taylor's request, Mr. Brown provided the following phone numbers: Home (305) 621- 8009 - Work (305) 949-3425 - Beeper (305) 732-3913. VIT, PUBLIC HEARING: Project: Agent: Location: Description: 7-Eleven at Grove Plaza Donna West, Carnahan-Proctor & Associates, Inc. Southeast corner of Hypoluxo Road & Lawrence Road Conditional use to build a convenience store with gasoline sales ('rAB££D ~'0 .IANUAR Y b~ M£~Y~rNG) At the applicant's request, this item was tabled to January 19th. VIII, BIDS: None :IX, DEVELOPMENT PLANS: None MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA 3ANUARY 5,, 1999 X. NEW BUSINESS: None XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. O99-01 Re: Prohibiting car repairs in commercial parking lots Attorney Cherof read Proposed Ordinance No. O99-01 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. A service station merchant stated that he understood what the City was trying to accomplish with this Ordinance, but questioned whether or not he would be in violation if he provided emergency road service on a vehicle that was broken down in the parking lot. Attorney Cherof explained that the Ordinance speaks to major and minor repair in parking or loading zone areas of commercial property and parking spaces in public parking lots. When the merchant stated his assumption that he would be exempt from the Ordinance in such a case, Attorney Cherof said it did not sound like the merchant would be in violation under such circumstances. He further added that a case-by-case determination of enforcement might be necessary. The same merchant questioned whether the definition of a commercial parking lot applied to his properly. Attorney Cherof explained that repair work could not be done in areas that are depicted as parking areas on a commercially zoned piece of property with a site plan or master plan that was approved by the City. Repair work should take place within repair bays or designated areas - not on paved surfaces designated as parking spaces. Mike Brinkman, 518 Industrial Avenue, questioned whether a person would be in violation for driving into a service station and opening the hood so that a repairman could check the engine or the oil. Attorney Cherof said the Ordinance does not speak to checking oil or making inspections. It talks about making minor or major repairs. Mr. Brinkman agreed with the intent of the Ordinance, but explained that he works on his boat in a parking space at his commercial parking lot because it does not fit anywhere else. Under this Ordinance, he would be in violation. Attorney Cherof agreed that Mr. Brinkman would be in violation if work were done in a parking space. These areas do not have the proper drainage to contain contaminants that endanger the environment. 8 J MEETTNG MI'NUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH~ FLOR.TDA .1ANUARY 5~ 1999 The service station merchant approached the podium again and explained that his parking lot is EPA approved drainage. Therefore, he assumed he would not be in violation if he worked on a vehicle on his property. Attorney Cherof reiterated that the Ordinance prohibits major or minor repairs in designated parking and loading areas. Attorney Cherof recommended that the Building Department be contacted for assistance in determining where designated parking spaces are located on parcels of property. The repair work on the balance of the site would be acceptable. IVlayor Taylor explained that the point of this Ordinance is to use common sense. A decision was made by the Commission to eliminate minor or major auto repairs in parking lots in front of auto parts stores, shopping centers or malls. Sal Bambino, owner of Exxon on Federal Hiqhway and Boynton Beach Boulevard, questioned whether he would be in violation for checking under the hoods of vehicles on his property at the request of a customer. Attorney Cherof reiterated that the Ordinance does not exempt gas stations; however, major and minor repairs are prohibited in designated parking and loading zones. Mr. Bambino understood the purpose of the Ordinance and explained that in the business owners in the strip malls should be required to clean up in front of their businesses within one to two hours of opening each day. This would eliminate Code violations. Mayor Taylor pointed out that services stations are where people should go for service on their vehicles. Vice Mayor .]askiewicz added that the Commission's concern was with auto parts stores. The Commissioners do not want people working on their vehicles in parking lots. Mr. Brinkman asked for clarification on who would be cited for a violation. Attorney Cherof explained that either the property owner or the vehicle owner could be cited. The businesses are required to post a notice so that the customer knows those types of repairs are prohibited. Ray Marcinkowski owns a heavy equipment company with a garage, Host of the vehicles do not fit in the building; therefore, work is done on the vehicles outside. The site does not have a marked parking lot. He questioned whether he would be in violation. Attorney Cherof recommended that he contact the Building Department for assistance in determining the designated parking spaces for the site. Motion Vice Mayor ~laskiewicz moved to approve Proposed Ordinance No. O99-0! on second and final reading. Mayor Pro Tem Tillman seconded the motion. Commissioner Denahan requested that the language of the Ordinance be clarified to specifically pinpoint its original intent to avoid interpretation problems. Attorney Cherof advised that such language could be added. However, he recommended that if the Ordinance were to be t4EETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLORZDA 3ANUARY 5~ 1999 amended, it might be more beneficial to make reference to parking or storage areas as depicted on the site plan or master plan. Older properties may not have an approved site plan to reference and interpretation would then become more difficult. Attorney Cherof feels the language covers the intent and any Ordinance that is drafted requires administrative interpretation and enforcement. Commissioner Titcomb asked whether or not older properties that do not have a site plan would receive relief or technical assistance prior to being cited. Attorney Cherof said the City would work with them administratively to help them identify a specific number of parking spaces required for that business. Mayor Taylor pointed out that Code Compliance is aware of what the Commission is trying to accomplish with this Ordinance. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1~ Reading Proposed Ordinance No. 099-02 Re: Amending Chapter 2 Administration, Article 5, Section 2-91. Violations and Penalties by amending "Schedule of Civil Penalties" to include penalties for motor vehicle/boat repairs in commercial or public parking lots Attorney Cherof read Proposed Ordinance No. 099-02 by title only. Motion Vice Mayor .laskiewicz moved to approve Proposed Ordinance No. 099-02 on first reading. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the Vote. The vote was unanimous. Proposed Ordinance No. 099-03 Re: Clearly defining the City's policy regarding board absences and removal Attorney Cherof read Proposed Ordinance No. 099-03 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-03 on first reading. Commissioner Titcomb seconded the motion. Mayor Taylor clarified that this Ordinance sets the absence policy for all board except the Planning & Development Board. Tf three meetings are missed, the member will be notified. On the fourth absence, the member will be replaced. For the Planning & Development Board, the member will be notified on the sixth absence that one additional absence will result in removal from that board. lO MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 5, 1999 Vice Mayor .]askiewicz expressed concern that absences are counted for workshop meeting and special meetings. City Clerk Sue Kruse confirmed that absences are only counted for regular meetings. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No, R99-04 Re: Authorizing execution of Stipulated Agreement for water and sewer service - City of Boynton Beach vs. Milton Geller & Florence Geller et al Attorney Cherof advised that this Resolution was not necessary since the Commission approved the settlement in May. No action was necessary at this time. D. Other: 1. Accept settlement with plaintiff in the amount of $8,500 in the case William E. Cessna v. City of Boynton Beach, et al Motion Commissioner-~tcomb moved approval, carried 5-0. 2. Mayor Pro Tem 'l~llman seconded the motion that Accept settlement with plaintiff in the amount of $20,000 in the case Detavio Copeland v. City of Boynton Beach, et al Motion Mayor Pro Tern -I~llman moved to approve. Commissioner Titcomb seconded the motion. Mayor Taylor questioned whether any action was taken against the employee in this case. Chuck Magazine, Risk Manager, advised that disciplinary action was taken that resulted in suspension. Our Tncident Review Board monitors these accidents and advises the department heads. No vote was taken. XZI. UNFINISHED BUSINESS: Mayor Pro Tem Tillman expressed concern about the lack of respect for the Commissioners by certain individuals who park in the Commission-designated parking spaces during Commission 11 MEE'rZNG MINUTES REGULAR CI'TY COMMISSION BOYNTON BEACH, FLORIDA .1ANUARY 5~ 1999 meetings. Signs are clearly posted indicating that the parking spaces are reserved for the Mayor and Commissioners. Mayor Pro Tern ~llman requested that the City Attorney draffc an Ordinance imposing penalties for those who park in these spaces during the public meetings. XIII. OTHER: None XIV. AD.~OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 7:34 p.m. A~E~: City/Clerk //D~/puty City Clerk '-"{Two Tapes) ~]MP C:['I'Y OF BOYNT ND_~H Mayor ~ ~' Commissioner 12 W, ,JAY HU~I~TON, J~,, P.A. LoUI~ R. ~ANE. JOHN ~ YOUNO, ~.A. Dec~nb~ I5.~ 1998 Michael W. RumpL Senior Planner City of Boynton Beach 120 E. BeTnton Beach Boulevard Boynton Beach, Florida 33435 Re: Grove Plaza Master Plan and %11 at the Grove 'Because of the press of the holiday season, we have been unable to resolve aH of the issues that we have been working on shtcc the Plamfing & Zor£~g Board meeth~g. Amon~ those issues is thc revised landscape plan which was discussed at that meeting. The l~vised landscape plan has not yet been completed. 9v~aen we appear before the City. Commission we want to be able to cli~uss and resolve itl of the issu~ and concerns. Based on flae foregoing, please consider thia my reque, st for postponement ofboth the master plan mocli~cation and the 7-11 requests to the next regu!atly scheduled meeting of *,he City Commission. At your convenience w;,ll you please confirm that date. I-will attend the meeting to answer any questions. · C/ag 29925 . from Jamie Titcomb, District 1 Commissioner, Boynton Beach I want to applaud this great City of Boynton Beach! The efforts and cooperative environment of the last several years have moved us rapidly and remarkably forward. I've heard it said that we have accomplished more in the last few years than in the previous three decades. I want to thank the commission, which of course includes Mayor Jerry Taylor, Vice Mayor Shirley Jaskiewicz, Mayor Pro-Tern Henderson Tillman, Commissioner Nellie Denahan - and myself. I would be remiss not to include former commissioners Sid Rosen, who's unexpired term I completed, and Matt Bradley. We've worked diligently and harmoniously to create a better Boynton Beach community. I truly believe that we have left this city better off than we found it! Drive around and take a look, see it, hear it, feel it. Together we've worked on city-wide community policing, reinvigorating the central business district and revitalizing our older neighborhoods. We passed an Appearance Code that provides better minimum standards. People are taking pride in their neighborhoods once again. We are upgrading the landscaping and signage requirements. The Boynton Marina Project is near ready to build with a residential component we all hoped for replacing the undesired "boat barn." We expanded the CRA and have provided other tools of revitalization to take the city forward into the next century. I trust we will see our "downtown" area revitalize and grow rapidly. We had the chance to participate in the Visions 20/20 -Master Planing process. On the regional scale, our political visibility has been enhanced and is ready to be engaged for the betterment of Boynton Beach. This city is on the move... I'm glad we're working together! I must also reference the tremendous paradigm shift and positive mind set I perceive taking place in our city staff under the excellent progressive management of City Manager, Kerry Willis. Like a well run business, this city is exemplary in being fiscally sound, improving friendly service and providing a safe and attractive environment. Everyone working together and taking charge of their own piece of the puzzle is bringing us closer to that world class performance level. As "Gateway to the Gulf Stream" it is appropriate that we cherish, promote and facilitate our maritime history, natural resources and opportunity to create the 'niche' Boynton deserves. We are emerging into a first class city as we pass into the next century. We may well become a destination to the Eco-Tourism industry as well as attracting our neighbors from surrounding communities. Our efforts toward the children cannot be ignored either. Our Children's Cultural Museum campus, Kid's Kingdom playground, the math/science technology magnet schools, our widely recognized and essential HeadStart program and the potential for a regional kids theatrical consortium in the renovated historic High School - all guarantee the vitality of the new Boynton as a destination for generations to come. The accomplishments are just too many to list. We are poised to be a renaissance community. This city is a canvas onto which great works of art are happening... Of course the work is far from finished. When I was first elected in March '96 to fill the unexpired term of the Hon. Sid Rosen, I clearly received a mandate to move Boynton positively and harmoniously forward. I was honored to be selected by the people of Boynton and came to this job with a "can do" attitude. I brought no other agenda than to improve the condition of the city where I live, work and play. I think we have moved dramatically in that direction. I have done my best to solve problems and implement solutions for the betterment of our community! I have a great sense of satisfaction in a job well done. It has been reported that I would weigh out my 3 P's, personal, professional and political factors, in deciding my next move in this arena... I have done that and it has been a very complex decision for me. Seeing myself as the proverbial "shoemaker whose children run barefoot," I have decided to focus my attention on the personal and professional aspects of my life. Many of you know that I have a long standing commitment to the 4th District American Advertising Federation (Florida/Caribbean). I am currently Lt. Governor of this statewide trade organization and in line to assume the Governor position. I also have a business which begs for my time and attention. Not that making a living is the MOST important thing in one's life... And of course my kids would love more of my critical attention in these pivotal years as they rapidly approach their independence. It is with these priorities set that I have decided to put my political talents and opportunities on hold. I plan to relinquish my seat at the end of my term in March 1999 - I will not be seeking another term in office as commissioner, nor run for the Mayor's seat of Boynton Beach at this time. I do assure everyone that I will remain active in the civic scene and with special causes as I have always done. Our work is far from over... I challenge those who continue in their seats, and especially those who seek the open seats, to work diligently toward the common agenda of producing a better Boynton Beach. Don't lose the harmony, direction and momentum that the last few years have created. As a city we are finally poised to enter the new millennium as a "first string" contender, let's live up to that challenge. Finally, I wish to thank the people of Boynton Beach for allowing i-ne to serve them these three years. This has truly been one of the most rewarding opportunities of my life. As I turn my attention to my professional and private life, I will leave the door open to return to public office again sometime, as the opportunity to serve is a powerful attraction suited to my talents. I know there are plenty of great people with good hearts and good minds who are ready with solutions to help the great City of Boynton Beach toward reaching the future. I say to all, Godspeed. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Business Park APPLICANT'S AGENT: Graham Ernest-Jones, P.E., President, Rhon Ernest-Jones Consulting Engineers, Inc. APPLICANT'S ADDRESS: 2900 University Drive, Coral Springs, FL 33065 DATE OF RATIFICATION BEFORE CITY COMMISSION: December 15, 1998 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southwest corner of Quantum Lane and High Ridge Road (lots 68A, 68B, 69, 70 and 72). 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. 7. Other (/ / ~_CityClerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Business Park~lWSP\Dev~l~:3rder-N~q~.(]'~c EXHIBIT "D" Conditions of Approval Project name: Quantum Business Park File number: NWSP 98-018 Reference: The plans consist of 24 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-018 with a November 17, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Dept. of Health permits will be required for the water system extensions X serving this project, and may be required for the sewer system extensions. (Sec. 26-12) 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your Health Department permit application and plans. 4. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid 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. This fee will be determined based upon f'mal meter sizes, or expected demand. 5. Water and sewer lines to be owned and operated by the city shall be X included within utilities easements. Please show all existing or proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city as stated in Sec. 26-33(a) of the code. 6. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to Page 2 Quantum Business Park File No.: NWSP 98-018 DEPARTMENTS INCLUDE REJECT the city before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 7. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or improvements required to serve the project. (Sec. 26-15) 8. Any waste stream from manufacturing processes must meet the city's X pretreatment requirements. A sampling point must be provided to allow monitoring of this waste stream. (Sec. 26-143, 26-147) FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 9. All plans submitted for specific permits shall meet the city's code X requirements 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. 10. Submit engineer's certification letter stating that drainage conforms to X all rules, regulations, etc. of the City of Boynton Beach. [LDR Chapter 4, Section 7.F.2.] 11. Provide written approval from FP & L to landscape within their 15' X easements along High Ridge Road and Quantum Lane. 12. Add a note on the site plan and the landscaping plan that there shall be an X unobstructed cross visibility within the limits of clear sight at a level between 30 inches and 6 feet above the pavement. [LDR Chapter 7.5, Article II, Section 5.H] 13. Show a detail on the paving and drainage plans of the pollution retardant X baffle. 14. Show 6 inch, white thermoplastic stripes through all driveways to X delineate the pedestrian paths. Page 3 Quantum Business Park File No.: NWSP 98-018 DEPARTMENTS I INCLUDE I REJECT 15. Add a 4-foot concrete sidewalk along Quantum Lane along the north X property line. [LDR Chapter 6, Article III, Section 11 .] 16. Provide a handicap accessible route from the Quantum Lane sidewalk to X building one per Florida Accessibility Code, and increase the width of the accessible ramp shown on the typical entry enlarged plan to 3'8" from 3'6". BUILDING DIVISION Comments: 17. Amend the signage note number 2 found on sheet SP-1 and note number X 3 found on both elevation view drawings of the proposed buildings to read as follows: Building signs to be in compliance with the Building Codes, Sign Code and Community Design Plan. 18. Amend the drawings to clarify that the elevations along the required X accessible path are in compliance with accessibility code. 19. At time of permit submittal include a current survey with both sets of X working drawings submitted for plan review. 20. Drawings prepared by a design professional and submitted for permit X review shall be signed and sealed by the respective design professional. Amend the drawings accordingly. 21. Indicate on each floor plan drawing the proposed finish floor elevation. X Also, provide a copy of the South Florida Water Management District permit that verifies the proposed f'mish floor elevation is in compliance with the minimum standards of the permit. 22. Compliance with the building codes will be evaluated at time of permit X review. 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: 23. The applicant must submit a tree survey and a tree management plan for X the site. The trees should be quantified and addressed in accordance with the Tree Preservation Ordinance. Page 4 Quantum Business Park FileNo.: NWSP 98-018 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 24. Provide all dimensions on the site plan for the following: X Building footprints, Ch.4 Sec.7 Par.B. 1 All internal drive aisles, City drawing B90013 Parking spaces (9'x16', 2' overhang min.) City drawing B90012 25. Provide a Unity of Control and Unity of Title documents for Lots X 68A&B, 69, 70, and 72. 26. Amend the site plan data to include a break down of the square footage X for each of the buildings uses (e.g. industrial/manufacturing, warehouse, office, etc.). Ch.4 Sec.7 Par. 27. Submit traffic data to city and Palm Beach County Traffic Engineering X to allow for monitoring accumulating development impact within the Quantum Park PID, and conformance with Palm Beach County Traffic Performance Standards. 28. Provide confirmation from Quantum Park Review Board of its review X and approval of the subject request. 29. If employee data is not available for parking calculations, indicate same X with note on plan, and include parking requirement calculations for each building rather than totaled for each phase. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 30. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 31. To be determined. ~t~ ~ ,~/~ MWR/dim J:\SHRDATA~PLANNING\SHARED\WP~PROJECTS\QUANTUM BUSINESS PARK~NWSP\COND. OF APPR-2ND REVIEW. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Steak 'n Shake APPLICANT'S AGENT: James Harlow, Florida Engineering and Environmental Services, Inc. APPLICANT'S ADDRESS: 4519 George Road, Suite 130, Tampa, FL 33634 DATE OF HEARING BEFORE CITY COMMISSION: December 15, 1998 TYPE OF RELIEF SOUGHT: Parking Lot Variance LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Winchester Park Boulevard 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. 7. Other ~ -- ~ ~ City J: SHRDATA\Planning\SHARED,WP,PROJECTS,Steak n Shake,PKLV'~Develop. O~doc'~ Clerk EXHIBIT "C" Conditions of Approva! Project name: Steak 'n Shake File number: PKLV 98-006 Reference: Application dated November 4, 1998 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 1. NONE X ^~o~^[ ~ ~o~,~ss~o~ ~ONO~o~s 2. To be determined. MWR/dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\STEAK N SHAKE\PKLV~COND. OF APPR-PKLV. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Steak 'n Shake APPLICANT'S AGENT: James Harlow, Florida Engineering and Environmental Services, Inc. APPLICANT'S ADDRESS: 4519 George Road, Suite 130, Tampa, FL 33634 DATE OF HEARING BEFORE CITY COMMISSION: December 15, 1998 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Winchester Park Boulevard 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 ~ 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. 7. Other J:~ATED:sHRDATA\Planning~S HARE D\VVP~P ROJ ECTS\Steak n Shake\COUS~Develop. O~/e~US.doc' 'J City Clerk EXHIBIT "C" Conditions of Approval Project name: Steak 'n Shake File number: COUS 98-005 Reference:. The plans consist of 10 sheets identified as 3rd Review, Conditional Use. File # COUS 98-005 with a November 19. 1998 Planning and Zoning De >artment date start DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None - X UTILITIES Comments: 1. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Dept. of Health permits will be required for the water system extensions X serving this project. (Sec. 26-12) 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your Health Department permit application and plans. 4. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid 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. This fee will be $790.02, based upon a 1-inch meter. 5. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may, therefore, not be used for irrigation where other sources are readily available. 6. Water and sewer lines to be owned and operated by the city shall be X included within utility easements. Please show all existing or proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city as stated in Sec. 26-33(a) of the code. 7. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems will be fully completed, and given to the city before the first permanent meter is set. Note that setting of a Page 2 Steak 'n Shake File No.: COUS 98-005 DEPARTMENTS INCLUDE ] REJECT permanent water meter is a prerequisite to obtaining the certificate of occupancy. 8. A building permit for this project shall not be issued until this office has X approved the plans for the water and sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 9. All plans submitted for specific permits shall meet the city's code X requirements 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. 10. Provide proposed locations, type and height of site lighting on the X landscape plan. Light poles shall not be in conflict with tree canopies. [LDR Chapter 4, Section 7.B.4.] 11. Developer to restripe Winchester Park Boulevard along the east limits of X site with 6" thermoplastic striping and add reflective pavement markings per F.D.O.T. standards. Striping and RPM's to be done on all northbound and southbound lanes. [LDR Chapter 6, Article III, Section 16] 12. Show treatment facilities for stormwater. Water to be pretreated on-site. X Also, provide drainage calculations for connecting into existing drainage system. [LDR Chapter 4, Section 7.F. 1.] 13. Until there is a cross access at the SE comer of the site, delete the X pavement markings and signage, extend the curbing at the nose of the landscape island eastward and landscape the area. This will disallow backup movements and illegal parking. 14. Provide written agreement with abutting property owners allowing use of X offsite detention area for stormwater runoff. Pretreat the first ½" of Page 3 Steak 'n Shake File No.: COUS 98-005 DEPARTMENTS I iNCLUDE I REJECT stormwater prior to outfall into the receiving facility. [LDR Chapter 6, Article IV, Section 5.B. 1.d.] 15. Install a stop sign and bar for northbound traffic from Winchester Park X Boulevard. 16. Locate all stop bars and signs four feet back of sidewalks. X 17. All angle parking should have a minimum backup distance of 18' at the X ingress end of all aisles per standard drawing B-90013. 18. Include pavement markings and signage on paving and drainage plan for X inspection purposes. 19. Concrete sidewalk shall go through all driveways, so modify all notes to X contractor regarding sidewalk on the site plan to read, "Contractor shall replace all four inch thick sidewalk through all driveways with six inch 2500 p.s.i, concrete". 20. Regarding the parking spaces abutting the front entrance: extend the X faces of the "F" curb on both islands out to a point in line with the ends of the stall striping to define the parking area. 21. Include a copy of the site plan with the paving and drainage permit X request or show all traffic control devices on the paving and grading plan for inspection purposes. BUILDING DIVISION Comments: 22. The Land Development Regulations (Chapter 9 - Community Design X Plan, Section 10.I. 1) specify that, "Signs shall be designed and treated as part of the architecture of the building and shall be reviewed at time of site plan review." a. Identify where the building signage is located on the face of the building by dimensioning their location on the elevation view drawings. Dimensioning the distance from the edge of the building to the edge of the proposed signage and dimension the distance from the f'mish floor or top of the parapet wall to the top of the proposed signage shall identify the position of the sign on the building. Please refer to Chapter 21 - Sign Code of the Land Development Regulations for other applicable regulations that may apply to the proposed site and building signage. 23. Submit a floor plan drawing of the proposed building. Include on the X Page 4 Steak 'n Shake File No.: COUS 98-005 I DEPARTMENTS 1NCLUDE I REJECT I drawing the sidewalk layout that matches the layout shown on the site plan along the north and west sides of the building. Indicate on the floor plan the finish floor' elevation. Show on the plan how the transition will be made from the 15.50 elevation located on the outside of the building to the 15.70 elevation proposed for the finish floor. 24. Provide a copy of the South Florida Water Management District permit X that verifies the proposed finish floor elevation is in compliance with the minimum standards. 25. Compliance with the building codes will be evaluated at time of permit X review. 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: 26. The applicant should indicate on sheet L-1 any of the existing desirable X trees which will be treated with the welling system and/or the tree barrier system as shown on this sheet. This information will also be required prior to a clearing and grubbing permit application. PLANNING AND ZONING Comments: 27. The site plan shall not be approved prior to the approval of a variance for X the reduction of the required driveway distances from a major intersection (180 feet minimum per Chap. 23, Art. II.H.3). 28. Dimension and identify on the landscape plan the required landscaped X strips and interior islands. 29. Signage for drive through use shall not exceed 5 feet in height. Modify X plan to show 5 feet rather than 7.1 feet. 30. Change note on site plan assigned to stop sign in front of entrance to read X "left-turn only" rather than "right-turn only". This current text is recognized as an inadvertent error as it leads traffic against the entrance only driveway. 31. Obtain confirmation from Palm Beach County that the project conforms X Page 5 Steak 'n Shake File No.: COUS 98-005 I DEPARTMENTS INCLUDE I REJECT with the Traffic Performance Standards Ordinance. I 32. Modify the wall extensions at each comer to improve the compatibility X of the proposed project with the form pre-established by the adjacent Boynton Commons development. This modification could include circular-shaped openings placed within the wall extensions and diamond shaped markings (also repeated above the awnings along the fagade) for example, and shall be approved by staff prior to submitting for permits. 33. Omit neon lighting or cover neon with opaque material. X 34. Change sign to a monument sign not to exceed 8 feet in height. X 35. Eliminate black stripes on awnings. X 36. Building signage shall be limited to front (east) fagade as indicated on X the elevation plan by Heath and Company dated November 7, 1998. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 37. Replace comment no. 35 with "Shield awning light downward to X minimize illumination of awning. Place note on plan indicating same." x,y 38. To be determined. ~/~ ~it~ .~f- MWR/dim J:\SHRDATA\PLANNING~SHARED\WP~PROJECTS~STEAK N SHAKE~COUS\COND. OF APPR-3RD REVIEW. DOC