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Minutes 12-01-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 1, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley ]askiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem ]amie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS: Call to Order- Mayor Jerry Taylor Invocation Vice Mayor Shirley Jaskiewicz Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan Mayor Taylor called the meeting to order at 6:32 p.m. Following the invocation, Commissioner Denahan led the Pledge of Allegiance to the Flag. D. Agenda Approval' 1. Additions, Deletions, Corrections Mayor Taylor announced that the applicants for Items IV-D.1, D.2 and VII-A have requested postponement of these items until December 15, 1998. He also requested the addition of Item X-A, "Adult Entertainment Ordinance". Commissioner Titcomb requested the addition of Item XII-B, "Discussion of SW 8m Street" and Item III-A.3, "G.A.L.A. Executive Planning Committee". Commissioner -I]tcomb also requested that Item VI-D.5 be pulled from the Consent Agenda for discussion. Vice Mayor ]askiewicz requested the addition of Item III-A.4, "Correspondence from COBWRA'; and the removal of Item IV-F from the Consent Agenda for discussion. Attorney Cherof requested the addition of Item IV-I, "Waiver of Platting for Lot 1 in Quantum Park". 2. Adoption Vice Mayor ]askiewicz moved to approve the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Accept resignation of Betty Ann Welch, Regular Member of the Library Board MEETING MINUTES REGULAR CI'TY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 1, 1998 Motion Vice Mayor ]askiewicz moved to accept the resignation with regret. seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Board Mayor Pro Tem Tillman Length of Term Expiration Date !V Tillman IV Tillman* T Titcomb !T Denahan TV Tillman T!! 3askiewicz* Mayor Taylor I TJtcomb II Denahan* III ]askiewicz IV Tillman Mayor Taylor III ]askiewicz I Titcomb IV Tillman Adv. Bd. On Children & Youth Stu/Reg I yr term to 4/99 Advisory Board on Children & Youth Alt 1 yr term to 4/99 Advisory Board on Children & Youth Alt 1 yr term to 4/99 Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4/99 Code Compliance Board Alt I yr term to 9/99 Code Compliance Board Alt 1 yr term to 9/99 Education Advisory Board Stu 1 yr term to 4/99 Education Advisory Board Reg 2 yr term to 4/99 Cemetery Board Alt 1 yr term to 4/99 Community Relations Board Reg 3 yr term to 4/00 Community Relations Board Reg 3 yr term to 4/00 Community Relations Board Reg ! yr term to 4/99 Library Board Reg 3 yr term to 4/00 Recreation & Parks Board Alt :L yr term to 4/99 Senior Advisory Board Reg 2 yr term to 4/00 Motion Vice Mayor ]askiewicz moved to remove the tabled appointments from the table. Tem -I~llman seconded the motion that carried unanimously. TABLED-2 TABLED-3 TABLED-2 TABLED-2 TABLED-3 TABLED-2 TABLED-3 TABLED-2 Motion Mayor Pro Commissioner 'l~tcomb moved David Fellows from his alternate position on the Education Advisory Board to a regular position. Vice Mayor Jaskiewicz appointed Maryann Tara as a regular member of the Library Board. Mayor Taylor appointed Markdaline St, Fort as a student member of the Education Advisory Board. Mayor Pro Tem Tillman moved to approve the appointments and table all appointments, Vice Mayor ]askiewicz seconded the motion that carried 5-0, III. ANNOUNCEMENTS & PRESENTATIONS: remaining MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 1, 1998 A. Announcements: "Share the Spirit of the Holidays" - 28th Annual Holiday Parade - Sunday, December 6, 1998 @ 3:00 p.m. - Reviewing Stand will be on Federal Highway and SE 2nd Avenue Mayor Taylor made this announcement. Neighborhood Summit Meeting - December 7, 1998 from 7:00 p.m. to 8:30 p.m. - Library Program Room Mayor Taylor made this announcement. 3. G.A.L.A. Executive Planning Committee Commissioner Titcomb announced that an Executive Planning Committee meeting is scheduled for December 9th from 5:00 p.m. until 6:30 p.m. at the Arts Center. Anyone wishing to attend should contact the City Manager's Office. When Mayor Taylor questioned whether the Chamber concerns would be addressed during this meeting, Commissioner Titcomb requested an opportunity to add a New Business item to the agenda to discuss the Chamber's concerns. City Manager Willis reminded the Commissioners that there was no staff representation present to provide input on this issue. However, Commissioner Titcomb suggested moving forward with a brief discussion during the New Business portion of the agenda. 4. Correspondence from COBWRA Vice Mayor ]askiewicz reported that the Commission has been invited to attend COBWRA's meeting scheduled for December 16th at 9:30 a.m. at the Palm Tsles Clubhouse to hear the findings of their annexation study. They also advised that the Commission would be allotted time to make a presentation to the entire group at their January 20th meeting if that is the Commission's desire. B. Presentations: 1. Proclamations: a. "Dr. Martin Luther King, Jr. Day"-January 18, 1999 Mayor Taylor read the Proclamation declaring January 18, 1999 as "Dr. Martin Luther King, .~r. Day". Presentation of Certificates of Appreciation to Utility Pumping Stations and Wastewater Collection Division teams MEETI'NG MI'NUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH, FLOR?DA DECEMBER 1~ 1998 Dale Sugerman, Assistant City IVlanager and Team Leader for the Enterprise Operational Leadership Team, introduced Tony Lombardi, team leader of the "Unflushables" and the "Wastewater Pilots". Hr. Lombardi reported that on November 4, 1998, Tropical Storm Hitch hit the City of Boynton Beach. He arrived at the plant and called in the crews that were already out working. After a brief meeting, crews were dispatched to priority problems. Crews were spread throughout the City addressing problems such as two lift station failures, triple the amount of normal wastewater flows and a force main break. During normal day-to-day operations, the crews deal with more than 140 lift stations that connect to more than 250 miles of pipe. During the storm, the group came together to provide unprecedented team effort to provide services throughout the City. With Hark Law's support, Hr. Lombardi was able to help his teams work through the problems. The crews used breakthrough thinking. Hr. Lombardi complimented the crews for their talents and recognized them with Certificates of Appreciation for their hard work. Wastewater Pumping Stations: ,~ohn Martin, Foreman Mike Huron, Mechanic Rick Walk, IVlechanic TiT Phil Gillig, Chief Electrician Jim Harmon, Welder Nick Dellabovi, Mechanic T Melvin Brown, Mechanic T Mike Taylor, Mechanic T Pete Villanocci, Mechanic T Ed Kunter, System Operator Stan Foster, Electrician TT Wastewater Collection: Thorley Johnson, Foreman Leon White, Crew Leader Marvin Raz, Equipment Operator Dave Glass, Equip. Oper. TTT Clifford Rocci, Equip. Oper. TTT Reggie Butler, Equip. Oper. T Larry Gomes, TV Truck Spec. John Wolcott, Asst. TV Truck Spec. Ernie Roberts, Maintenance Worker Darren Antonucci, Maintenance Worker Eddie Kilibrew, IVlaintenance Worker Hr. Lombardi also recognized the efforts of Public Water Haintenance, the electrical team and Utility Administration. Hark Law recognized the following: Stormwater Construction Crew Gary Rabenold, Foreman TT Gary Hall, Equipment Operator TT Ray Anthony Mitchell, Maintenance Worker T Kenneth Witt, Maintenance Worker T John Wiley, Foreman TT - Stormwater Andre Jackson, Equipment Operator TT! Rodney Newton, Equipment Operator TTT Patrick Franklin,. Maintenance Worker T Tina Smith, Maintenance Worker T 4 MEETTNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORTDA DECEMBER 1, 1998 Water Plant Melvin Pinkney Robert Green Mr. Law explained that the Architecture for Excellence has changed morale and the attitudes of the Utility Department employees. He thanked the City Manager and the City Commissioners for authorizing participation in this program. Mr. Law thanked all of the Utility employees for their professionalism. Mr. Sugerman announced that there may be assistance available to citizens who experienced flooding during Tropical Storm Mitch. Flyers are available in the City Hall lobby. Mayor Taylor explained that the City is very cognizant of the stormwater problems in the City and is working on plans. This is a very expensive item and the City is working as quickly as possible with funding as a major consideration. There will be a stormwater workshop in January. He urged the public to attend that meeting. TV. CONSENT AGENDA: A. Minutes: 1. City Commission/Chamber of Commerce Workshop of November 9, 1999 The following changes will be made to the minutes of the November 9th Workshop Meeting: · Correct Don Fenton to read Don Finton · Show Larry Finkelstein as a Chamber of Commerce member · Remove Henderson Tillman's name from "Present" listing. 2. Regular City Commission Meeting of November 17, 1998 The minutes of the Regular City Commission Meeting of November 17th were accepted as presented. Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Award the bid for "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" to Green Tree Dry Cleaners with an estimated annual expenditure of $17,000 - BID #004-211-99/CJD Cancel the bid award to M. R. Guild Enterprises d/b/a Alarm Guard who were unable to meet insurance requirements and award the bid for "TWO YEAR CONTRACT FOR ANNUAL INSPECTION & TESTING OF FIRE ALARM AND DETECTION EQUIPMENT AND SYSTEMS" to FLORIDA STATE FIRE & MEETI'NG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORLDA DECEMBER 1~ 1998 SECURITY, INC. in the amount of $4,180 per year - BID #040-192-98- Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND .]ANITORIAL SUPPLIES" to various vendors on an item-by-item basis with an estimated annual expenditure of $20,000 - BID #003-502-99/SP C. Resolutions: Proposed Resolution No. R98-189 Re: Authorizing Diane Reese, the Finance Director, to execute certain financial reports and documents on behalf of the City of Boynton Beach which are required under Florida Administrative Code Rule 4C-2.032 to be submitted to the Department of Treasury 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. (TABLED TO DECEMBER .~r) The applicant requested postponement of Item IV-D.1 until December 15m. Melear PUD (Julian Bryan/Continental Homes of Florida, Inc.) - 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, 117 zero-lot line and 64 single-family homes on 59.84 acres. The applicant requested postponement of Item IV-D.2 until December 15th, Interstate Signcrafters (Mike Sipula of ]MS Design, Inc./Condor Investment of Palm Beach) - High Ridge Commerce Park - Request for modification of the list of uses approVed for the High Ridge Commerce Park PID to include the design and manufacturing of signs. Interstate Signcrafters (Mike Sipula/JMS Design, Inc./Condor Investment of Palm Beach) - High Ridge Commerce Park - Request for site plan approval to construct a 22,565 square foot shop/warehouse building on 2.533 acres for sign manufacturing. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 1, 1998 Auto Zone (Scott A. Nickle/Auto Zone, Inc.) - Southeast corner of US #1 and Shore Drive - Request for site plan approval to construct a 7,234 square foot retail building on 1.75 acres for the sale of auto parts. Commissioner Titcomb requested that Item IV-D.5 be removed from the Consent Agenda for discussion. E. Approval of Bills Authorize the payment of an additional $12,573 to Post, Buckley, Schuh & ]ernigan (PBSS~) for additional design services associated with the Gateway Boulevard project Vice Mayor ]askiewicz requested that Item IV-F be removed from the Consent Agenda for discussion. Approve Housing Rehabilitation Case #2-007/Earline Hollis in the amount of $20,553 which includes $978 representing a 5% contingency for any unforeseen problems that may occur. This amount includes the leveraging of $10,000 of S.H.I.P. funds. H. Ratification of Code Compliance Board action: Rescind the lien in Case #97-3543, 1601 NE 3rd Street, for Mr. Seremi Camille and Anne Augustin. The amount of the lien is $3,500 plus $634.12 in administrative costs I. Approve waiver of platting for Lot i in Quantum Park Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda with the exception of Items IV- D.5 and IV-F. Commissioner Titcomb seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: IV-D.5. Auto Zone (Scott A. Nickle/Auto Zone, Inc.) - Southeast corner of US #1 and Shore Drive - Request for site plan approval to construct a 7,234 square foot retail building on 1.75 acres for the sale of auto parts. Commissioner Titcomb requested discussion of this item since it moved forward from the Planning & Development Board on a 6-1 vote. MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORZDA DECEMBER 1, 1998 In response to Mayor Taylor's question about the signage for Auto Zone, Mr. Rumpf explained that the signage now conforms to Code. Tn addition, the colors of the building have been changed. Mayor Pro Tem Tillman recalled many Commission discussions about auto shops on Federal Highway. He asked for clarification of this issue as noted in the Visions 20/20 document. Mr. Rumpf explained that the Visions document recommends that this type of use be prohibited in the Central Business District. This particular application is in a location outside the Central Business District. Tom Willy, 7:[2 Shore Drive, is concerned about this proposed project because traMc conditions are dangerous when attempting to head southbound on Federal Highway. He urged the Commission to require off-site improvements with the development of this project that would include improvements to the medians and the addition of a traMc signal. Coquina Cove is a single-family development. He feels it is foolish to squeeze in commercial development between the residential area and the railroad tracks. Even though this project meets the zoning for the area, an auto parts store is not a desirable use in the area: Coquina Cove needs buffering to ensure that the neighborhood would not be changed by this construction. Mr. Willy questioned whether or not a wall would be constructed between the commercial and residential uses. He also inquired whether there are any restrictions with respect to hours of operation and whether or not the lighting would be controlled. Vice Mayor Jaskiewicz advised that the entrance on Shore Drive was addressed and has been eliminated. She asked for clarification of the issue of buffering at the rear of the property. Mr. Rumpf explained.that an existing wall will be maintained. The distance is maximized from the residential area by the drainage area. Mayor Taylor referred to the back-up information wherein it states that additional landscaping was recommended. Mr. Rumpf explained that there is a tree row that goes halfway back along the eastside of the property. Staff has required additional landscaping on the north and south sides. Mayor Taylor reported that he received a letter signed by 40 Coquina Cove residents expressing their concerns about the ingress/egress on Shore Drive. That driveway has been eliminated. They also requested consideration regarding the landscaping. Mayor Taylor felt staff did a good job in addressing those concerns. Scott Nickle, 100 Parnell Street, Merritt Island; said all of staff's comments with respect to landscaping have been responded to with an additional landscape buffer along the south property line adjacent to the canal. The applicant will install a continuous hedge and a row of Oak trees. There are existing Banyan trees along the east property line adjacent to the homes. These Banyan trees will be preserved. There is an existing wall adjacent to the homes and the applicant is constructing an additional wall that will match the split-face block materials of the building. There will be plantings along Shore Drive and on US #1. The landscaping exceeds the minimum City Code requirements. MEET'LNG MTNUTES REGULAR CTTY.COMMTSS'rON BOYNTON BEACH~ FLORZDA, DECEMBER 1~, 1998 Mayor Taylor reminded Mr. Willy that median cuts and traffic signals must be approved through the State since this is a State road. Mayor Pro Tem -I]llman is concerned about the negative impact of auto parts stores at the entrance to the City and major communities~ It also has a negative impact in terms of drainage. Mayor Pro Tern Tillman asked Mr. Nickle what plans are in place to stop customers from working on their cars on Federal Highway. Mr. Nickle read the following letter from Auto Zone into the record: "Under normal circumstances, an employee may look under a customer's hood to verify make, model, year and engine type since these are critical to supplying the proper parts. They may also check to help diagnose a problem. An employee may help a customer replace a minor safety item such as a belt, bulb, fuse or wiper. Auto Zone does not do repair work, nor do we encourage customers to do repair work on site for other than a minor safety related item. Auto Zone has full Haz-Mat procedures in place to deal with any Problems and comply with all State and Federal environmental regulations." Commissioner Denahan asked for clarification of our City Codes with regard to working on automobiles in parking lots. Attorney Cherof advised that automobiles could be repaired in residential zoning districts. The Codes do not speak specifically to repairs done in commercial parking lots. However, this would be work that would generally not be permitted because of its nature. Commissioner Denahan concurred with comments regarding the saturation of auto related industries along Federal Highway. However, she does realize this application is in compliance with the zoning for this district. She respects the work that was ongoing among :Inlet Cove, Coquina Cove and the developer, but she does not want to see this use at this location. She feels it is necessary to look at the zoning and the City's Ordinances to set a standard for working on vehicles in public on Federal Highway beyond the Central Business District. Mayor Taylor agrees that this is a concern, but pointed out that it would be necessary to enact an Ordinance to allow for enforcement. Commissioner Denahan inquired if Mr. Nickle would be willing to voluntarily agree to prohibit auto repairs in the parking lot. However, Mayor Taylor pointed out that Mr. Nickle would have no authority to enforce that requirement. Vice Mayor .~askiewicz agreed that the Code would have to be expanded. Mayor Pro Tem Tillman feels the letter from Auto Zone was not acceptable. He asked if Auto Zone would be willing to post a sign telling customers not to do auto repairs on the property. Mr. Nickle said Auto Zone would discourage repairs on the property, but enforcement would be very difficult. MEETZNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH~ FLORZDA DECEMBER 1, 1998 Mayor Taylor reiterated that it would be necessary for the City to enact an ordinance saying this type of activity is unauthorized and citing the penalty for a violation. Auto Zone could post that notice and if customers ignore the posting, the clerk would contact the City to enforce the Code. Commissioner -fitcomb has a problem with the addition of another auto business whoSe sole purpose is to sell auto parts. Many of the people who patronize these stores have immediate problems. The City will end up with a site full of cars with their hoods up. Commissioner TitComb is concerned about how this will look at the entrance of our City. He would like to use this case to develop the Ordinance to prevent such a situation. He would be comfortable tabling this project until that Ordinance is enacted. He recommended that Auto Zone provide the language to develop the Ordinance. Mr. Nickle agreed that the Commission could vote approval of this project conditioned on Auto Zone drafting the appropriate agreement to prohibit auto repair on the site. ]:f that does not meet the needs of the City, the site plan would not be approved. However, Mr. Nickle questioned whether or ,not a means exists for Auto Zone to come back before the Commission with an Auto Zone representative present to address the situation further if the language is not acceptable to the City. Mayor Taylor would support tabling this item until December 15th. Mr. Willy is a Building Official for the City of Hallandale. He advised that since Hallanadale is built out, they have very strict development Codes. A project like this one would not be approved because it would not fit the neighborhood. He feels an agreement would not be enforceable. An Ordinance would be enforceable against the property owner - not the people committing the violations. :In addition, the City of Hallandale would not approve this project until DOT approved the median cut. Mr. Nickle said Auto Zone received comments from DOT. The only thing DOT wanted was Auto Zone to show the driveway as a flaired turnout. No comments were issued with regard to the location of the driveway. Auto Zone is not a high traffic generator and will not have adverse affects on the surrounding area. Motion Commissioner Titcomb moved to table this item to December 15th pending outcome of the auto repair issue. Vice Mayor 3askiewicz seconded the motion that carried 5-0. Authorize the payment of an additional $12,573 to Post, Buckley, Schuh & .lernigan (PBS&.1) for additional design services associated with the Gateway Boulevard project Vice Mayor Jaskiewicz expressed disillusionment at the length of time this project has taken to get off the ground. She realizes there was a delay because of the drainage, but questioned whether the additional fees are related to the drainage problem. l0 MEETI'NG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH,, FLOI~DA DECEMBER 1, 1998 Dale Sugerman, Assistant City Manager, said the additional fees are for the broadened scope of the project that includes stormwater drainage and additional landscaping. The project, when first envisioned, had an engineer's estimate of $900,000. We now have additional design work, and the initial drainage adds an additional $400,000 to the project. The landscaping alone was increased from approximately $50,000-$60,000 to $400,000. They now want an additional $12,573 for what was originally a project costing $900,000 and now will cost $1.7 million. They are not asking for additional time because the City is setting the schedule. We have not gone to bid yet. We are still designing the project because it is different from the original intent. Post, Buckley, Schuh & .lernigan were awarded the contract for design last fall. Vice Mayor .laskiewicz is also concerned about the size of the trees for the amount of space available. She questioned how Royal Palms were selected for this small area. She does not feel these trees are appropriate and questioned whether there is flexibility in this design to ensure these trees are appropriate. Mr. Sugerman advised that Kevin Hallahan has been part of the design review team since inception. He offered to invite the architect to attend the next Commission meeting to describe his approach to the landscaping. However, if that occurs, he would require an additional two weeks to complete the project because of that delay. Mr. Sugerman explained that since the project has not been bid yet, we have flexibility. It is only at the 95% design phase at this point. Mayor Pro Tem Tillman pointed out that if the landscaping were changed at this point, the project would be delayed and there would be additional costs incurred. Mayor Pro Tem Tillman inquired about the anticipated date of completion of the design. Mr. Sugerman advised that the design should be complete in December of 1998 as long as there are no "glitches". This date has not changed. The request for approval of the design and authorization to move forward With the bid process will occur in ~lanuary. The bid process will begin in February and the bids will be opened in late March. The project will begin after the Commission awards the contract !n April. Mr. Sugerman advised that a great deal of time was spent with the residents of Village Royale on the Green with regard to their ingress/egress to Gateway Boulevard. The design was modified three times. Mike Friedland, 330 NE 26th Avenue, represented Village Royale on the Green. He explained that it was a struggle to get the residents to agree to close the driveway onto Gateway Boulevard. After much discussion with Dale Sugerman and Larry Roberts, the residents unanimously approved the plan. Mayor Taylor supports the landscaping plan and has no concerns about the Royal Palm trees. Commissioner Titcomb agreed. MEETZNG MTNUTES REGULAR CITY COMMTSSTON BOYNTON BEACH, FLORZDA DECEMBER 1, 1998 Motion Commissioner Titcomb moved to approve. Mayor Pro Tern Tillman seconded the motion that carried 5-0. V. c'm'Ty MANAGER'S REPORT: A. Set date for workshop meeting to discuss stormwater program A City Commission workshop meeting to discuss the stormwater program was set for Monday, January 25th at 6:30 p.m. Vi'. PUBLZC AUDI'ENCE: Ginny Foot, The Art of Framing, and a member of the Chamber of Commerce, introduced Kathy Shabotynskyj and Jeanne Heavilin, also members of the Chamber. She was present to remind everyone that the Chamber of Commerce stands behind the City and offers assistance wherever needed. She also thanked the Commission for the quarterly joint workshop meetings and wanted the Commission to know that the Chamber cares about the activities of the City. VZI, PUBL'm'c HEARTNG: Project: Agent: Location: Description: 7-Eleven at Grove Plaza Donna West, Carnahan-Proctor & Associates, :[nc. Southeast corner of Hypoluxo Road & Lawrence Road Conditional use to build a convenience store with gasoline sales (rAa££O ro O£C£1~a~cR ~-r) The applicant requested postponement of :[rem V:[:[-A until December 15m. Project: Agent: Owner: Location: Description: 301 SE ist Avenue (Robert Katz) Martin L. O'Shea Robert Katz 301 SE ist Avenue Request for approval for an alley abandonment located between SE 3rd Street and FEC Railroad south side of SE 3rd Avenue (PROPOSED ORDINANCE NO. 098-47) Motion Vice Mayor 3askiewicz moved to approve Proposed Ordinance No. 098-47. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Approve Proposed Resolution No. R98-190 for special warranty deeds conveying title to Latonya Cane for Lot 6, less the westerly 29' for 1-95 ]2 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA DECEMBER 1,, 1998 right-of-way, and Lot 7, less the westerly 30' for T-95 right-of-way, Block 44, Rolling Green Ridge 2nd Addition and Patricia Pusey for Lot 2, Block 17, Rolling Green Ridge :Lst Addition Motion Vice Mayor .laskiewicz moved to approve Proposed Resolution No. R98-190. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. VIII, BIDS: None :[X. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Adult Entertainment Ordinance Mayor Taylor reported that he has been watching the actions of cities around us with respect to this issue. The City of Deerfield Beach and the City of West Palm Beach have tightened their Ordinance to prohibit the sale of alcohol in adult entertainment establishments. The City of West Palm Beach has also set guidelines with respect to the distance such an establishment can be from churches and schools. Mayor Taylor pointed out that as the cities around Boynton Beach do this, the people who frequent these establishments will go to the areas of least resistance. He does not want the City of Boynton Beach to be the location everyone comes to because we do not have strict guidelines. He requested that the City Attorney contact the cities that have these Ordinances in place, and draft an Ordinance that would prohibit the sale of alcohol in adult entertainment establishments. He would also like included in the Ordinance anything else that would discourage people from coming to Boynton Beach to seek out this type of activity. Commissioner Titcomb advised that the Municipal League has had numerous presentations on this issue. He recommended that Attorney Cherof also contact the Municipal League as well as Palm Beach County because they have devoted a great deal of time on these Ordinances. Consensus There was a consensus of the Commission for the City Attorney to move forward with drafting an Ordinance. MEET1'NG MTNUTES REGULAR CTTY COMMTSSI'ON BOYNTON BEACH, FLORZDA DECEMBER 1, 1998 B. Chamber of Commerce Concerns about G.A.L.A. Commissioner Titcomb advised that one of the Chamber's issues is the award of the beer and wine sales and the business booth management. Tn addition, there is concern about the bidding process for commercial food vendors and non-profit groups. Although staff was not present to provide feedback, this was an opportunity to hear discussion from the Chamber. City Manager Willis said she requested that Commissioner Titcomb serve as the Commissioners' liaison to the Chamber in order to flame the issues so that they come back to the Commission in a succinct manner Kathy Shabotynskyj, President of the Chamber of Commerce, reported that the Chamber's Board of Directors decided to ask the City for the last five years of history of the City's expenses related to the G.A.L.A. to determine if the Chamber would be the appropriate agency to take over the event. The Chamber has been involved on the planning committee and is different from other vendors that operate at the G.A.L.A. because of their participation in the planning. The Chamber has hired a special event planner on a two-year contract. She worked with the Chamber last year and they would like to continue her employment this year for the G.A.L.A. Ms. Shabotynskyj requested that the Commission direct staff to allow the Chamber to continue the wine and beer garden and the business exhibition without going out to bid on these areas. Vice Mayor .laskiewicz said she was puzzled that a decision was made to go out for bids this year since the City is planning to transition this event. Commissioner Titcomb explained that the Commission wanted to fast track this from a public to a private event. The Commission looked at a two-year time line. ~[f a two-year time line is realistic, it is important to look at the transitional year that would be 1999. Commissioner Titcomb believes it would be several years before the City could devoid itself of involvement in the event, and it may turn out that the City will always be involved due to the nature of the event. Vice Mayor .laskiewicz questioned what prompted the bidding process for this year. City Manager Willis said there were discussions with staff over the last two years about why one particular vendor continues to be selected each year. The way the bid is written, there is only one vendor who can meet all of the requirements. The community concluded that the City was excluding local participationi Two years ago, staff was given direction that this would be the year the contracts would be bid out and opened to local participation. Mayor Taylor recalled the Commission agreeing that a two-year time frame would be the proper amount of time to transition this event. Commissioner Titcomb agreed that the Commission has asked the question why only one company meets the bid structure. However, he feels there is need for focus on how much it costs and how to transition it to private management. The Chamber's main concern is that there would be a change in the structure between now and the meeting on December 15th. ]4 MEETTNG MTNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH, FLORZDA DECEMBER 1, 1998 Commissioner Titcomb recommended that staff be directed to freeze the operational structure of the G.A.L.A. until that issue is fully addressed. City Manager Willis asked if the Commission was changing its original policy directive, or asking her to go to a limited bidding process reserving the business exhibit and beer and wine garden for the Chamber. Ms. Shabotynskyj requested that the Commission allow the Chamber to maintain its investment in the beer and wine garden and the business expo. She would like those areas excluded from the bidding process. Commissioner Titcomb felt that the Commission could justify this request because it would be viewing the Chamber as a potential recipient partner in this event. Ms. Shabotynskyj pointed out that the Chamber is the only private partner the City has had in this event. Mayor Taylor is not certain that if the City goes out for bid at this point that anyone would want to take over the entire event at this point. His idea was to bid out the entire event for takeover in the year 2000. Mayor Taylor would like the word spread that the City will be bidding out this event. Consensus There was a consensus of the Commission that for the year 1999, things should remain as they were and the Chamber will retain their partnership in terms of the beer and wind garden and the business exhibit. Commissioner Titcomb invited the Chamber of Commerce to participate on the planning committee. XT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 098-42 Re: Providing for bed and breakfast establishments as a conditional use ('/'A~'£_~Z~/'O D_~C£/V~'~R Motion Vice Mayor .laskiewicz moved to remove this Ordinance from the table. Commissioner Titcomb seconded the motion that carried unanimously. Attorney Cherof read Proposed Ordinance No. 098-42 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 15 MEET'rNG MI'NUTES REGULAR CZTY COMMTSS'rON BOYNTON BEACH~ FLORTDA DECEMBER 1~ 1998 Motion Commissioner Titcomb moved approval of Proposed Ordinance No. 098-42 on second reading. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 098-44 Re: Procedures Manual Amendment to Personnel Attorney Cherof read Proposed Ordinance No. 098-44 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved approval of Proposed Ordinance No. 098-44 on second reading. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 098-45 Re' Protection and Prevention Revision to Chapter 9, Fire Attorney Cherof read Proposed Ordinance No. 098-45 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Mayor Pro Tern Tillman moved approval of Proposed Ordinance No. 098-45 on second reading. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 098-46 Re: Alarms Revision to Chapter 2.5, Fire Attorney Cherof read Proposed Ordinance No. 098-46 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 16 MEETTNG MINUTES REGULAR CZI'Y COMMISSION BOYNTON BEACH,, FLORTDA DECEMBER 1~ 1998 Motion Commissioner Titcomb moved approval of Proposed Ordinance No. O98-46 on second reading. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading Proposed Ordinance No. 098-48 Re: Clarifying that only regular members of a City advisory board may serve as chairperson of the board and only the City Commission may move up a member from an alternate position to a regular position Attorney Cherof read Proposed Ordinance No. 098-48 by title only. Motion Mayor Pro Tem Tillman moved approval of Proposed Ordinance No. 098-48 . Commissioner Titcomb seconded the motion. Commissioner Denahan is concerned that this Ordinance discourages involvement on the boards. She felt it would be more appropriate to eliminate the alternate title and consider all members voting members. In her opinion, the alternate title excludes participation. She remarked that she served as an alternate for three years before she realized she was an alternate member. Mayor Pro Tem Tillman explained that the Commission adopted Robert's Rules of Order and there is a system where we use regular and alternate members. Having alternate members allows a person to view the board in action. Tt is important to maintain the rules of order. Vice Mayor .]askiewicz said the alternate position is widely used on advisory boards. She would not support Commissioner Denahan's suggestion. Mayor Taylor pointed out that there are alternates on the boards to ensure a quorum. He would not support having an alternate serve as chairperson. Mayor Taylor further pointed out that on the agenda, there is mention of the fact that only the Commission can move up a member from an alternate position to a regular position; however, the Ordinance does not address that issue. Attorney Cherof said the Ordinance would be corrected for second reading. City Clerk Sue Kruse polled the vote. The vote was 4-1. (Commissioner Denahan cast the dissenting vote.) 17 MEETZNG MINUTES REGULAR cI'rY COMMZSSZON BOYNTON BEACH, FLORZDA DECEI~IBER 1, 1998 Proposed Ordinance No. O98-49 Re: Amending the Comprehen- sive Plan text (Policy 1.16.1) to expand the list of allowed uses within the Office Commercial land use classification to include limited-access mini- warehouses Attorney Cherof read Proposed Ordinance No. 098-49 by title only. Motion Vice Mayor .laskiewicz moved approval of Proposed Ordinance No. 098-49. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R98-191 Re: addendum for the Woolbright Place PCD Approval of the second Attorney Cherof read Proposed Resolution No. R98-191 by title only. Attorney Cherof requested the addition of a paragraph that provides that the second addendum is contingent upon Scharlin's performance as referenced in Paragraph F hereof: ":[n the event Scharlin defaults on the sale of the transaction and does not close, the addendum shall be null and void and that disbursements of the funds referenced in Paragraph G shall occur at the real estate closing." The purpose of this amendment is to ensure linkage between the other elements of the addendum and the sale of property the City wants to acquire for $80,000. Attached to the addendum is a purchase and sale agreement. Approval of the agreement should be made contingent upon the City Attorney's Office signing off on the document. Vice Mayor .laskiewicz referred to Paragraph G (24) (reimbursement of the sewer system improvements) and questioned whether this was always part of the agreement. Attorney Cherof advised that this had been in the draft agreement since the inception of the addendum. Dale Sugerman, Assistant City Manager, said there has been an outstanding claim against the Utility Department for disputed costs to be split between the Department and property owner for an $80,000 force main improvement. The claim has been outstanding for ten years and the City is attempting to settle that claim. This is an effort to resolve all floating issues between the property owner and the City. This settlement is in the best interest of the City. Vice Mayor .laskiewicz asked if the proposed signage would meet City Code. Mr. Sugerman advised that there is language in the addendum that states the sign shall comply with the Codes of the City. MEETZNG M:[NUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORTDA DECEMBER 1, 1998 Greg Kino said this addendum would allow the applicant to keep just one sign that is slightly larger than the existing sign. Mr. Sugerman stated the face of the sign would not exceed 300 square feet. Commissioner Titcomb referred to Section D that references the fact that the remaining undeveloped properties would be developed in accordance with PCD development/C-3 zoning district. Hr. Sugerman and Mr. Kino clarified that the ACLF was taken out and this applies to only the remaining properties. Tn addition, Mr. Sugerman confirmed that the property being purchased by the City for drainage would serve the Tndustrial Avenue area and the residential neighborhood. We have only $700,000 for the drainage project that will cost $1.5 million to complete. Commissioner Titcomb confirmed with Mr. Sugerman that the City would rebate the water, sewer and impact fees to a 1986 level. Mr. Sugerman explained that there has been a dispute about which impact fees were to be charged. We have agreed on how we will do a net balance out of all impact fees. Motion Mayor Pro Tem Tillman moved approval of Proposed Resolution No. R98-191. Commissioner Titcomb seconded the motion that carried unanimously. Mr. Sugerman thanked Messrs. Kino and Morton for their very hard work in resolving these issues. Tn turn, Mr. Kino thanked Pete Mazzella, Dale Sugerman and Attorney Cherof. D. Other: Request for lien reduction on property owned by Alberta and Octavia Bell at 1213 NW 4th Street (Poole's Grocery) Octavia and Alberta Bell & Nicole Miller approached the podium to thank the Commission for considering the lien reduction, Attorney Cherof advised that this is a request to relieve one piece of property from lien. When the City obtains a Code Enforcement Board lien against a property and we record that lien in the Public Records of Palm Beach County, the lien constitutes a lien on all property owned by the property owner. Tn this case, there is another piece of property and it is the subject of a real estate transaction. When this occurs, the City is requested to release the lien attached to that piece of property. The City Attorney's Office does not recommend releasing the lien because this transaction is the only occurrence that triggers any form of payment for outstanding liens. Tf the City decides to release the piece of property in question, it would not release the lien where the violation occurred nor would it operate to reduce the lien. Knowing the history of Poole's Grocery, Mayor Taylor was not in favor of any release at this time, 19 MEETrNG MTNUTES REGULAR CTTY COMHTSSZON BOYNTON BEACH~ FLORTDA DECEMBER 1, 1998 Ms. Octavia Bell said it is no longer Poole's Grocery. She and Ms. Miller plan to run a new establishment. They have invested time and money in improving the property. The community is ready for this store to be opened. She claimed that they had no control over what was previously going on around the store. The system has been revamped and they are willing to run the business. They are law-abiding citizens. Mayor Taylor reminded the Bells that the City struggled with this property and restitution is now due. This property would not have been cleaned up if the City had not taken a stand to force the issue of clean up. Alberta Bell said she called the Police Department in 1988 to seek assistance in cleaning up the area. She received no response and was not treated like a human being. She wrote a letter to Mr. Cheney and the City CommisSioners seeking help. She never received a response. Ms. Bell claimed she has paid all violations against her property and pays her property taxes. She was ready to make repairs when Code Enforcement stopped the work. Vice Mayor Jaskiewicz reminded Ms. Bell that when this issue came before the Commission, the Police Department provided the history of their involvement with the property. There were numerous times the Police made arrests at this location. Ms. Bell said she was unaware of the problems since she lives in Riviera Beach. Mayor Taylor explained that it is the property owner's responsibility to know what is going on at the property location. Ms. Octavia Bell said this problem began with Code violations - not criminality. There is now a buyer for the property and the buyer's attorney is willing to pay $1,000 out of the closing cost if the lien is released. MAYOR TAYLOR PASSED THE GAVEL TO VICE MAYOR JASKIEWICZ, Motion Mayor Taylor moved to deny this request. Commissioner Denahan seconded the motion. Commissioner Titcomb questioned whether there were options or precedents to look at other solutions to this problem to allow them to improve the property while protecting the City's right to collect the funds. Attorney Cherof and Mr. Blasie were not aware of any other precedents. Commissioner Titcomb questioned whether or not there is a way to conditionally release a lien and still hold it there legally. Attorney Cherof responded negatively since the buyer would expect clear title. Vice Mayor 3askiewicz pointed out that the residents of the area reported this site as an area of major drug activities. The motion carried 5-0. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 1, 1998 XII. UNFINISHED BUSINESS: A. Landscaping and Signage Improvements for Nonconforming Properties Vice Mayor .laskiewicz recommended deferring the ad hoc committee meeting until January. There have been additional volunteer participants since the last meeting. Vice Mayor ]askiewicz suggested that the City Attorney amend the current Appearance Code Ordinance rather than enact a new Ordinance. It was Attorney Cherof's understanding that the committee was going to remain in existence to provide additional input. The City was going to attempt a trial program before finalizing the process into an Ordinance. Mr. Larry Finkelstein said the committee was supposed to review plans of one of the model properties at the December 9th meeting. Vice Mayor ]askiewicz advised that Mr. Kastarlak has been working with Lloyd Mellanase and Kevin Hallahan. Mr. Finkelstein feels it is important to conduct the meeting on December 9th SO that all loose ends can be tied up. Some of the members met and comments will be provided tomorrow. The members are looking forward to the December 9th meeting. B. Traffic on SW 8th Street Commissioner Titcomb advised that this item was put on the agenda in response to a letter from a constituent in this area. There were a number of traffic calming devices and directives explored at a meeting in January. Some of the issues such as limiting truck traffic through the area and other traffic calming devices are already being addressed. The truck prohibition signs should be in place within a week. Vice Mayor Jaskiewicz requested that the Police Department perform a traffic count on this street and Ocean Drive. XIII. OTHER: None XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:55 p.m. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 1, 1998 CITY OF BOYNTON BEACH AI-I'EST: ,/~._ puty City Clerk (Four Tapes) Mayor / iglayor Pro Tem ,~issioner Commissioner 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Interstate Signcraffers APPLICANT'S AGENT: Mike Sipula, JMS Design, Inc. APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304, Delray Beach, FL 33483 DATE OF RATIFICATION BEFORE CITY COMMISSION: December 1, 1998 TYPE OF RELIEF SOUGHT: New site plan LOCATION OF PROPERTY: 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 ~ 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. EXHIBIT "C" Conditions of Approval Project name: Interstate Signcrafters File number: NWSP 98-016 Reference: The plans consist of 6 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-016 with November 3, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Dept. of Health permits will be required for the water system extensions X serving this project. (Sec. 26-12) 2. 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. 3. 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, based upon a 1.5-inch meter is $1,205.82. 4. 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 the city before the permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 5. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: None X Page 2 Interstate Signcrafters File No.: NWSP 98-016 DEPARTMENTS INCLUDE REJECT POLICE Comments: None X ENGINEERING DIVISION Comments: 6. Show existing and proposed drainage elevations per LDR Chapter 4, X Section 7.F. 7. Provide a 12' x 35' appropriately striped and marked loading zone per X LDR Chapter 2, Section 11.J. and set further back from Commerce Road per LDR Chapter 2, Section 7.H. 11. 8. Show all traffic control markings and signage per LDR Chapter 4, X Section 7.B.2. 9. Clarify the extent of sidewalk construction along Commerce Road that is X proposed by this project and provide proposed construction materials. 10. Existing Commerce Road pavement to be restored at location of X proposed water main crossing in accordance with city standards prior to issuance of Certificate of Occupancy. 11. 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. BUILDING DIVISION Comments: 12. At the TRC meeting, the applicant indicated that the project will consist X of one piece of property. Therefore, a unity of title that unifies the vacated area titled Miner Road (Tract S-2), Lot 13, and Lot 14 will be required at time of permit submittal. The city-approved unity of title form shall be completed, executed, recorded in Palm Beach County and two (2) copies submitted at time of permit review. Page 3 Interstate Signcrafiers File No.: NWSP 98-016 DEPARTMENTS INCLUDE REJECT 13. At time of permit submittal, clarify building square footages, occupancy X classification and use of the building. 14. At time of permit review, indicate on the site plan the use of the slab area X located south of the proposed building. 15. The two pages of the South Florida Water Management District permit X that were submitted indicate two different permit numbers. Submit a complete South Florida Water Management District permit that indicates the established minimum finish floor elevation. The proposed building £mish floor elevation shall comply with the established minimum finish floor elevation. 16. Add to the detail drawing of the accessible entrance to the building a X note indicating that a 1:2 beveled slope shall be provided where the ½ inch vertical change in elevation takes place at the entrance. [Section 4.5.2 of the Florida Accessibility Code for Building Construction] 17. 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: None X PLANNING AND ZONING Comments: 18. Applicant must undergo environmental review of project prior to X permitting of any structural elements. 19. Screening requirements must be met for any areas intended for outdoor X storage. 20. Continue landscaping around 3rd (north) side of dumpster enclosure (or X up to point of opening in wall (Chapt. 7.5, Art. II, Sec. 50)). Page 4 Interstate Signcrafters File No.: NWSP 98-016 DEPARTMENTS INCLUDE REJECT 21. Dumpster enclosure must be expanded to accommodate any recycling X containers to be kept outside (or construct separate enclosure which meets same city standards). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 22. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 23. T~/b~,~,~-- ~ MWR/dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\INTERSTATE SIGNCRAFTERS~WSP\COND. OF APPROVAL-2ND REVIEW. DOC\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 306 SE Ist Avenue (Robed Katz) APPLICANT'S AGENT: Martin L. O'Shea APPLICANT'S ADDRESS: 100 Miller Road, Delray Beach, FL 33483 DATE OF HEARING BEFORE CITY COMMISSION: December 1, 1998 TYPE OF RELIEF SOUGHT: Alley abandonment LOCATION OF PROPERTY: 306 S.E. 1st Avenue DRAWING(S): N/A 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 / City Clerk J:\SHRDATA~Planning~SHARED\WP\PROJECTS\Katz. Robert-Historic House\aban\Develop. Order-ABAN.doc EXHIBIT "C" Conditions of Approval Project name: 306 SE 1st Avenue (Robert Katz) File number: ABAN 98-008 Reference: Abandonment application dated October 12, 1998. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. The City shall be given a utility easement over the existing alley as a X condition of abandonment. 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 2. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 3. T~t-l~l~ma&z~:L A/off.~' J:kSHRDATA~PLANNING\SHARED\WPkPRO.,rECT S'uKATZ ~ ROBERT-HISTOKIC HOUSEKABAN~COND. OF Al*PR- ABAN.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Interstate Signcrafters APPLICANT'S AGENT: Mike Sipula, JMS Design, Inc. APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304, Delray Beach, FL 33483 DATE OF RATIFICATION BEFORE CITY COMMISSION: December 1, 1998 TYPE OF RELIEF SOUGHT: Use Approval LOCATION OF PROPERTY: 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 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 Clerk J:\SHRDATA\Planning~SHARED\VVP~PROJECTS\Interstate Signcraffers\USAPtDevelop. Order USAP.doc EXHIBIT "B" Conditions of Approval Project name: High Ridge Commerce PID-Interstate Signcrafters File number: USAP 98-005 Reference: Letter of request dated October 1, 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 ADDITIONAL CITY COMMISSION CONDITIONS 2. T.,J~~. ~,V~ ~ MWR/dim $:\SHRDATA~PLANNING~SHARED\WPkl?ROJECTSL1NTE~.STATE SIGNCRAFTERS\USAP\COND. OF APPK USAP.DOC