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Minutes 07-07-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, ON TUESDAY, ~ULY 7, 1998 AT 6:30 P.M. PRESENT Gerald ~'.]erry" Taylor, Mayor Shirley ,laskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem .lamie 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 - Reverend Randall Gill- First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Commissioner Denahan led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, CorreCtions Vice Mayor Jaskiewicz requested that Consent Agenda Items C.1 and C.2 be removed from the Consent Agenda for the purpose of public information. Mayor Taylor requested that Consent Agenda Item D.3 be removed from the Consent Agenda and considered in conjunction with Item VII-B, "Favorite Food Court". Commissioner Denahan requested that Consent Agenda Item "F" be removed from the Consent Agenda for discussion. Mayor Pro Tem Tillman requested that Consent Agenda Item C.4 be removed from the Consent Agenda for public discussion. Commissioner Titcomb requested the addition of Item X.A, "Request to the County for South Seacrest Swale Work and Drainage". City Manager Willis advised that the applicant has requested that Item VIII.A be postponed until the next meeting. Mayor Taylor requested that Consent Agenda Item "H" be removed from the Consent Agenda for discussion. 2. Adoption Mayor Pro Tem Tillman moved to approve the agenda as amended. seconded the motion that carried unanimously. o Commissioner Titcomb MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA 3ULY 7, 1998 II. ADMINISTRATIVE: A. Appointments to be made: Appointment To! Be Made Board Length of Term Expiration Date IV TJllman Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4/99 Ivlayor Taylor Code Compliance Board Alt 1 yr term to 9/98 TABLED-2 TI1 .laskiewicz Community Relations Board Reg 3 yr term to 4/00 TABLED-3 TV Tillman Community Relations Board Alt I yr term to 4/99 TABLED-2 Mayor Taylor Education Advisory Board Stu 1 yr term to 4/99 MOtion COmmissioner Titcomb moved to removed Vice Mayor Jaskiewicz' Community Relations Board appointment from the table. Mayor Pro Tem Tillman seconded the motion that carried unanimously. ViCe Mayor Jaskiewicz appointed Betsy Walshein as a regular member of the Community Relations Board. MOtion COmmissioner Titcomb moved to approve the appointment and table all remaining appointments. Mayor Pro Tem Tillman seconded the motion that carried unanimously. lie ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Ezell Hester Community Center New Construction Grand Opening Celebration -Saturday, August 1, 1998 at 10:00 a.m. Mayor Taylor made this announcement. B. Presentations: Presentation to Angelo Gepponi, Artist, for his art donations - (Requested by Vice Mayor Shirley Jaskiewicz) Ati the podium, Vice Mayor Jaskiewicz announced that Mr. Gepponi is a renowned artist who has donated two of his works to our City. Mr. Gepponi presently lives in Palm Beach Leisureville. However, he was born in Italy and studied at the National Academy of Design in New York City. He was an art teacher at Cliffside Park High School for 25 years. Mr. Gepponi aL~gmented his career by studying with Victor D'Amico of the Museum of Modern Art. He has ex~hibited at the Pennsylvania Academy, Paterson State University, the Allied Artists of America, the Audubon Artists, Connecticut Academy of Fine Arts, the Bronx County Courthouse, The MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .1ULY 7f 1998 BrOoklyn Museum, and the New York International Show, where he was awarded a silver medal. While visiting his home, Vice Mayor Jaskiewicz viewed a painting of Manhattan in New York City that she hopes the City can display in the future. Vice Mayor Jaskiewicz displayed one of the pieces of artwork called "A Mother's Love". The second piece of artwork that will be displayed at the Civic Center is a snow scene. Vice Mayor Jaskiewicz presented Mr. Gepponi with a Certificate of Appreciation for his donation of original artwork. Mr. Gepponi said he was inspired to paint "A Mother's Love" when he went to Somalia to help the starving. He is privileged that the City has accepted these paintings as a gift because he has passed on his compassion. This will be a display of compassion for the disadvantaged. 1. Legislative Update - Senator Ron Klein while awaiting the arrival of Senator Klein, Mayor Taylor moved the agenda to award the Employee Service Awards. 2. Presentation of Employee Service Awards Atthe podium, Mayor Taylor, City Manager Willis and Carol Cheek recognized City employees for their service to the City: The service of the 47 employees being recognized represented 600 years of City with the City. 25 Years Cyril S. Deal Equipment Operator II Sanitation Bairry A. Taylor Refuse Collector II Sanitation 2' 0 Years E. iPaul Sheridan Police Sergeant Police RObert D. Ailstock Chief Operator-Public Water Public Water Systems Operations TrOy M. Davis Foreman Ill Sanitation 15 Years M~tthew S. Playne Firefighter III Fire James C. Ness Deputy Fire Chief Fire Roibert L. Anderson Firefighter III Fire David D. Liu Battalion Chief Fire NiCholas A. Lucente Fire Lieutenant Fire Stbven R. Woj¢iechowski Fire Lieutenant Fire William M. Gulbrandsen Battalion Chief of Train Fire, M~rk D. Bobich Env Coord/Util Safety Officer Sewage Collection MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .1ULY 7, 1998 Doris Kendall James P. Cummings SuZanne M. Kruse Barry H. Ehmke Kevin J. Hallahan Bonnie L. Glinski 10 Years AlOnzo M. Vreeland Arihur L. Lee Luke E. Henderson Ediuard G. Herrmann, Jr. Bradley D. Thyng Gary L. Beane William S. Goss Gerard L. Nault Carole C. Roberts GlOria J. Heissenberg Toby J. Athol David M. Demarest John J. Peters Willie J. Webb Frank J. Briganti Craig G. Ortman Grace Ramos Michael L. Osborn, Jr. ThOmas S. Wallace Sarah A. Byers Maria Rodriguez Ralph P. Sammis Terry L. Daeumler Betty L. Sangi Robert H. Lee Gerald Leary Steven Schoenfeld Water Plant Operator II1 Police Major City Clerk Firefighter III Forester/Environment Administrative Assistant I Service Writer Human Resources Manager Fire Lieutenant Fire Lieutenant Firefighter II Equipment Operator III School Crossing Guard Crime Scene Technician Crew Leader Clerk III Police Detective Police Officer Police Officer Code & License Inspector Police Sergeant Police Officer Library Assistant II Utility Maintenance Mechanic III Police Sergeant Administrative Assistant I Dispatcher II Lifeguard/Will Call Water Plant Operator Ill Clerk III Auto Shop Supervisor Communications & Data Control Specialist Police Officer Public Water Systems Operations Police City Clerk Fire Parks Development Vehicle Service (Retired) Human Resources Fire Fire Fire Roads & Streets Police Police Facilities Management Recreation Police Police Police Code Enforcement Police Police Library Public Water Systems Maintenance Police Police Communications Recreation Public Water Systems Operations City Clerk Vehicle Service Utility Administration Police MEETI'NG MTNUTES REGULAR CZTY COMMTSSI'ON BOYNTON BEACH~ FLORTDA 3ULY 7~ 1998 Philip G. Gillig Chief Electrician Utility Pumping Stations Mayor Taylor congratulated the employees for giving their hearts and souls to City service. 1. Legislative Update - Senator Ron Klein Senator Klein reported that the Legislative Session was concluded in May. The budget for the year of $45 billion plus $2 billion of additional State revenues from sales tax and other fees collected. In addition, the strong economy in Florida resulted in an increase in State revenues. The State received the first installment of the $750 million tobacco settlement. The State was able to spend the first allotment of funds. Over $200 million dollars will be spent on preventative education for students. Senator Klein advised that a number of years ago, the State of Florida developed a program whereby every vehicle had to be tested prior to tag renewal. The program is being changed so that beginning next year, a new car will not have to be tested for the first three years and following that period, the car will be tested every other year. Senator Klein worked on a bill known as the Jimmy Rice Act of 1998. Jimmy Rice was a young boy who was attacked and killed by a violent sexual offender who was released from prison under the old sentencing guidelines. The guidelines were changed so those prisoners are obiligated to spend 85% of the sentence in prison. All information indicates that violent sexual offenders are the most serious offenders who have the highest probability of repeat offenses. This year, a bill was passed requiring these offenders to be tested. If there are indications of repeat offending, they will be kept in a secure facility once they have served their time. MUnicipalities are concerned about the telecommunications bills the Legislature has been working on. The Legislature is continuing to find ways to make sure these industries are more competitive by eliminating statutory obstacles while not interfering with the cities' abilities to deal with franchise taxes. The Legislature will make sure the cities can continue to collect those taxes. senator Klein urged all to contact his office in the Sun-Sentinel building in Delray Beach with cOmments, concerns or suggestions. Mayor Pro Tem Tillman requested that Senator Klein remain at the meeting briefly to hear the reading of a Resolution regarding Safety in Schools. It was his opinion that Senator Klein might want to take this issue to the State level. Mayor Taylor thanked Senator Klein for always taking the City's concerns to the State level. IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of June 16, 1998 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ULY 7, 1998 Commissioner Titcomb remarked that many of the comments contained in the verbatim transcript of the quasi-judicial hearing were attributed to generic people (Male #t, Male #2). Vice Mayor Jaskiewicz also noted that her comments on Pages 42 and 44 were noted as Mayor Pro Tem Tillman's remarks. The Recording Secretary advised that the verbatim transcript was prepared by a court reporter using the tape recording. At Mayor Taylor's request, the Recording Secretary will make note of the remarks made this evening. Motion COmmissioner Titcomb moved to approve the minutes as amended. Mayor Pro Tem Tillman seCOnded the motion that carried unanimously. Bids - Recommend Approval- All expenditures are approved in the 1997-98 Adopted Budget Motion to approve a one-year extension for the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" to Technical Products Corp., with an estimated annual expenditure of $40,000 Motion to approve a one-year extension for the "ANNUAL SUPPLY OF SULFURIC ACID" to Apperson Chemicals, with an estimated annual expenditure of $144,408 Motion to purchase two 80K Portable Generators utilizing the same terms and conditions of a 1997 bid awarded to O-K Generators in the amount of $59,800. Motion to approve a one-year extension for the renewal of the Water Meter Contract - Remote Touchread System to Sensus Technologies, Inc. with an estimated annual expenditure of $273,000. Motion to award 3-year contract for ball retrieval/Nine Lakes at the Municipal Golf Course to Nitro/Second Chance for annual receipt of $13,000 (Proposed Resolution No, R98-120) Motion for multi-award, as per staff recommendation, for annual supply of brass fittings and accessories with an annual estimated expenditure of $150,000. C. Resolutions: Proposed Resolution No. R98-111 Re: To authorize and direct staff to apply for Phase 5, Palm Beach County Roadway Beautification 50/50 HEETTNG MZNUTES REGULAR cTrY COMt4TSSZON BOYNTON BEACH~ FLORZDA 3ULY 7, 1998 matching grant for 8 roadway medians on South Congress Avenue between Golf Road and Ocean Drive. Item C. 1 was removed from the Consent Agenda for discussion. Proposed Resolution No. R98-112 Re: Approving a Financial Assistance Agreement for Landscaping along Congress Avenue from SW 30th Avenue north to Golf Road (SW 23rd Avenue) Item C.2 was removed from the Consent Agenda for discussion. Proposed Resolution No. R98-113 Re: Approving the release of remaining surety for Quail Run Villas Phase II and III 4. Proposed Resolution No. R98-114 Re: Safety in Schools Item C.4 was removed from the Consent Agenda for discussion. Proposed Resolution No. R98-115 Re: Automated Sanitation Truck Driver Approving job description for Proposed Resolution No. R98-116 Re: Approving letter of credit No. 12266 from M&T Bank in the amount of $53,363.20 as surety for installation of the water and sewer systems to serve Guardian Storage Proposed Resolution No. R98-117 Re: Accepting letter of credit No. 77461 from 1st United Bank as surety for water and sewer improvements to serve the proposed Boynton Shoppes Proposed Resolution No. R98-118 Re: Approving water service agreement for Military/Cocoanut, Inc. to serve a proposed gas station and convenience store located at Coconut Lane & Military Trail Proposed Resolution No. R98-119 Re: Entering into a federal equitable sharing agreement with the Federal Government of the United States, the Department of the Treasury and the Department of Justice. 10. Proposed Resolution No. R98-121 Re: restoration agreement between the city Project No. 95511 (Lawrence Road). Authorizing execution of and Palm Beach County for 11. Proposed Resolution No. R98-122 Re: Approving return of cash sureties check on deposit for N. Federal Highway west ROW landscape 1997 project in the full amount of $36,581.60. D. Ratification of Planning & Development Board Action: MEETTNG MI'NUTES REGULAR CI'TY COMMI'SS'rON BOYNTON BEACH~ FLORTDA 3ULY 7~ 1998 Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway- Variance from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain linked fence along the south property line in lieu of the required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. (TABLED TO 7121198) Self-Storage facilities (William Morris/Kilday & Associates, Inc.) - Request to amend the Land Development Regulations, Chapter 1 and Chapter 2, to expand the definition for self-storage facilities to differentiate between limited access self-storage facilities and multi-access, self-storage facilities; to add limited access self-storage facilities to the list of permitted uses within the C-1, Office/Professional zoning district, and to change the design requirements, Iocational criteria and other development standards for self-storage facilities. (TABLED TO 7/7/98) Shoppes of Woolbright PCD - Favorite Food Court (Bradley D. Miller, AICP) Request for modification to master plan for the Shoppes of Woolbright PCD through adjustment of square feet from planned retail use to the remaining restaurant outparcel in connection with processing of the Favorite Food Court use application to construct a 4,000 square foot (restaurant) with a drive-through Item D.3 was removed from the Consent Agenda for consideration in conjunction with Item VIF B, "Favorite Food Court". Quantum Corporate Park - (Roscoe Biby, P.E.) - Request to amend the list of approved uses for the Quantum Park PID master plan to allow studio suites on lots designated "Hotel". E. Approval of Bills Authorize release of $10,000 budgeted for fiscal year 1997/98 for subsidized child care programs Item "F" was removed from the Consent Agenda for discussion. Motion to approve application for matching grant funds for repairs to Cafe Barista In accordance with Downtown Fa(;ade Program Guidelines ($5,000) Approval of expenditure of Law Enforcement Trust Funds in the amount of $10,000:$2,500 to Boy Scouts of America (Gulfstream Council), $4,000 to Lake Worth High School Law Enforcement Magnet Program, and $3,500 to the Boynton Beach Police Athletic League (PAL) Item "H" was removed from the Consent Agenda for discussion. Approval of requisition in the amount of $11,600 to extend cart and lifter rentals for pilot cart program. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ULY 7, 1998 Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items C.1, C.2, C.4, D.3, "F" and "H". Vice Mayor Jaskiewicz seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: 0.1, Proposed Resolution No. R98-112 Re: To authorize and direct staff to apply for Phase 5, Palm Beach County Roadway Beautification 50/50 matching grant for 8 roadway medians on South Congress Avenue between Golf Road and Ocean Drive. 0,2, Proposed Resolution No. R98-113 Re: Approving a Financial Assistance Agreement for Landscaping along Congress Avenue from SW 30th Avenue north to Golf Road (SW 23rd Avenue) Vice Mayor Jaskiewicz is pleased that these Resolutions will cover the beautification of the medians from Golf Road to Ocean Drive and from SW 30th Avenue to Golf Road. She is hopeful that all medians on Congress Avenue will have improved medians shortly. COmmissioner Titcomb advised that City groundskeeping staff would be removing the weeds while we wait for this beautification. MOtion ViCe Mayor Jaskiewicz moved to approve Consent Agenda Items C.1 and C.2. Mayor Pro Tem Tiliman seconded the motion that carried unanimously. C.4. Proposed Resolution No. R98-115 Re: Safety in Schools Mayor Pro Tem Tillman explained that the City of Boynton Beach is taking a proactive approach to the issue of eliminating weapons in schools by passing this Resolution. This Resolution is being moved forward to legislators on national, state, county and local levels to encourage the passage of legislation in this regard. Mayor Pro Tem Tillman read the Resolution. (A copy of the Resolution is attached to the original set of minutes on file in the City Clerk's Office.) Senator Klein appreciated the fact that the City of Boynton Beach is bringing this issue to the public's attention. He advised that an existing Florida State Statute that makes it unlawful to take firearms onto campuses. He requested that Mayor Pro Tem Tillman follow up with his office with respect to specific design criteria for schools. He will take that information to Tallahassee. MOtion ViCe Mayor Jaskiewicz moved to approve. Carried unanimously. Mayor Pro Tem Tillman seconded the motion that MEET/NG MI'NUTES REGULAR CI'TY COMMI'SSI'ON BOyNTON BEACH~ FLOR'rDA .1ULY 7, 1998 Authorize release of $10,000 budgeted for fiscal year 1997/98 for subsidized childcare programs In response to Commissioner Denahan's questions about this program, Wilfred Hawkins, Manager of Support Services explained that The School Board administers this program and monitors the dollars expended. This program is based upon the needs of the working poor. The School Board asks cities to contribute toward the matching amount. Boynton Beach, West Pailm Beach, Delray Beach, Lake Worth, the United Way and the Children's Services Council were asked to participate. The contribution is based on the population of children to be served. The requested contributions were as follows: · West Palm Beach $35,000 · Delray Beach $22,000 · United Way $70,000 to $80,000 · Palm Beach County $200,000 · Boynton Beach $19,498 Lake Worth does not contribute to this program. Staff budgeted $10,000 for this program for this current fiscal year. Fifty-four children will participate in this program in four childcare centers in Boynton Beach. Commissioner Denahan questioned where the money would come from if each contributor did not contribute the full amount requested. Mr. Hawkins explained that The School Board would ha~e look within its own budget as well as look to the County for additional funding. Without the required matching funds, the delivery of this program could be jeopardized. COmmissioner Denahan expressed concern that by not giving the $19,498 that was requested the children of this City will not receive these services. She feels the City should make the entire contribution. Mayor Taylor explained that our commitment of $10,000 is double the amount we contributed last year. Vice Mayor Jaskiewicz added that the United Way and Palm Beach County would pay the balance of the total amount of funds. Mr. Hawkins' explained that the program year runs from July through June. They do not approach us during our budget planning process; therefore, we must anticipate the amount that needs to be budgeted. Mr. Hawkins will try to get more information during the budget process foe next year's program. MOtion Mayor Pro Tem Tillman moved approval of the $10,000 budgeted for subsidized childcare. Vice Mayor Jaskiewicz seconded the motion that carried 4-1. (Commissioner Denahan dissented.) Approval of expenditure of Law Enforcement Trust Funds in the amount of $10,000:$2,500 to Boy Scouts of America (Gulfstream Council), $4,000 to Lake l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORTDA .]ULY 7, 1998 Worth High School Law Enforcement Magnet Program, and $3,500 to the Boynton Beach Police Athletic League (PAL) ~ Mayor Taylor announced that these dollars come out of Police funds. The Police Department is requesting authorization to use $3,500 to take the P.A.L. baseball team to competition. The total amount needed is $5,000. Since the fund has $71,000, Mayor Taylor asked the Commission to consider authorizing the additional $1,500 to eliminate the need to solicit. Marshall Gage, Police Chief, advised that a commitment was made to raise the additional funds through fundraising activities or sponsorships. Mayor Taylor commended staff and the children for working for something they will enjoy. He further added that if they fall short of their desired goal, the Commission would consider authorizing the expenditure of the balance. Motion Vice Mayor Jaskiewicz moved to approve Item "H". Mayor Pro Tem Tillman seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: A. Neighborhood Partnership Application with Sterling Village City Manager Willis advised that this falls within the Neighborhood Beautification Project and staff recommends approval of this application. Motion Mayor Pro Tem Tillman moved approval. Vice Mayor Jaskiewicz seconded the motion that carried unanimously. B. Special Events Permit for DeLuca's ShowTime CitY Manager Willis advised that this is a decision that should not be made by the City Manager. As a policy determination, it would be appealed, potentially creating litigation in the future. She recommends that the policy be reviewed to determine how these applications should be controlled in the future. There are a few guidelines that would warrant a denial. However, this particular request was granted last year, and under our current policy, there would not be grounds for denial of this permit. City Manager Willis recommended approving the request. She further recommended authorizing the City Manager and Legal Department to review the procedure and bring back a recommendation to the Commission. Mayor Taylor agreed that requests such as this should be reviewed at the Commission level. In response to Mayor Pro Tem Tillman's question, City Manager Willis advised that in her absence, the Assistant City Manager placed this item under City Manager's Report. MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLORZDA .1ULY 7, 1998 Mayor Taylor pointed out that the applicant is requesting approval to serve beer in the viewing area. Staff has recommended serving alcohol only inside the lounge. A representative from DeLuca's ShowTime said he understands there is no precedent regarding serving'beer in the parking lot as long as he applied through the ATB for their necessary permits. It was his understanding that as long as he had the proper tenting in place, he would be able to serve alcohol inside the tent. Mayor Taylor explained that both the Development Director and Police Chief recommend that no alcohol be served in the parking lot. Attorney Cherof advised that Section 3.5 of the Code deals with alcoholic beverages. Permits can be conditioned upon complying with certain terms. A precedent has been set. At an event at a bowling alley, alcohol sales were requested outside, but were restricted to inside only. COmmissioner Titcomb also recalled a similar restriction for Tiffany's. The representative stated that if the City permits the tent and ATB issues permits, he questioned why he would not be permitted to sell alcohol outdoors under the tent. Staff told him there is no law prohibiting the sale of beer in the covered area. Mayor Taylor reiterated Attorney Cherof's remarks that the City Commission has the authority to deny such a request. Mayor Taylor questioned how DeLuca's intends to keep the people from wandering outside the tent. The representative said he was not sure, but thought they would have Police and employees on guard to handle that situation. When asked whether or not there was any intention to have the girls in the tent, the representative responded negatively. Vice Mayor Jaskiewicz said she would not have an objection to approving this application previding the approval is subject to the staff recommendations that there is no drinking of alCOholic beverages outside the lounge. If this application is approved allowing the sale of alcoholic beverages in the parking lot, it will set a dangerous precedent. COmmissioner Titcomb agreed with Vice Mayor Jaskiewicz' remarks and pointed out that this restriction has been put on every special events permit approval. The representative pointed out that he would be doing nothing different than what is done at G.A.L.A. He vowed to ensure that drinkers stay within given parameters. He explained that many of the men and women who own the cars that will be displayed do not want to leave their cars unattended in the parking lot. The vehicles will be under a tent and beer would be sold under another tent. MOtion Vice Mayor Jaskiewicz moved to approve this special events permit for DeLuca's based on the recommendations of our staff. Mayor Pro Tern Tillman seconded the motion. ViCe Mayor Jaskiewicz confirmed that her motion is based on adhering to recommendations presented by staff as follows: ]2 F,tEETTNG F,t1'NUTES REGULAR CZ'I'Y COF4F,1TSSTON BOYNTON BEACH,, FLORZDA .1ULY 7~ 1998 · Two off-duty police officers should be hired to help control pedestrian traffic which will be crossing Federal Highway. · No alcohol should be served or consumed in the parking lot. · All tents and stage areas must be inspected for compliance with Fire/Life Safety Codes. · Portable toilet facilities must be provided in the parking lot for the general public. The motion carried unanimously. The representative was provided with a copy of staff's recommendations. Mayor Taylor reiterated that the City Commission approved DeLuca's application as per staff's reCommendations. VI, PUBLIC AUDIENCE: Dee Zibelli, 440 Ocean Parkway, said she was shocked by Mayor Taylor's remarks at the last meeting regarding summer camps for the children of Boynton Beach. She believes that $13 could put a meal on the table for some families in this community. Mayor Taylor explained that the motion to support the program passed 4-1 at the last meeting. However, as an elected official, he has the right to question any program and have public accountability. The taxpayers have a right to know how the money is spent. He feels the only people who would have been offended by his remarks are those who are trying to abuse the system. LlOyd Powell, 1112 North Federal Highway, representing Alpine Florist, commended the COmmission, City Manager, Public Works and Engineering for continuing the road improvements for this year. He appreciates the road-resurfacing program in the north end of the City. This program has sparked the community to beautify properties in the area. Mike Fitzpatrick, '101 SW 4th Avenue, is a member of the Recreation and Parks Board. The board passed a Resolution at their last meeting regarding the formation of an ad hoc committee to !study the establishment of greenways in the City of Boynton Beach. Mr. Fitzpatrick explained that this is something that will happen regardless of what we do. However, he believes it would be better for us to do something rather than wait until it happens. He recommended having a meeting in a month to see who is interested in being part of this committee. Elizabeth Jenkins, 711 NW 1st Street, expressed concern about the City Commission meeting off June 16th. In her opinion, our children are the future of Boynton Beach. Feels the most overlooked people in Boynton Beach are the seniors and the children. Poor people cannot afford any costs for programs. Many of the working poor are overworked and underpaid. They are not sitting idle. She urged everyone to share with the needy. Vice Mayor Jaskiewicz explained that the camp program was expanded and scholarships will continue to be offered. She urged Ms. Jenkins to understand the need for limits on the exPansion of these programs. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ULY 7, 1998 Mayor Taylor added that this discussion came about because he questioned the program at the last meeting. The City's policy has been to subsidize up to 50%. Staff recommended that the City provide a subsidy for the entire amount. Although there are funds in the CDBG account, once that money is used, other programs must be eliminated. In order to approve the 100% subsidy, Mayor Taylor wanted to ensure that the recipients were qualified. Therefore, he questioned whether or not the parents of these children are working. He is not opposed to funding these programs as long as the benefits are going to the people who need them. Mayor Taylor vowed to continue to help people in the future, but also promised to ask questions about how the money is being spent. He reminded everyone that a great deal of care must be taken in administering these programs. Ron Bair, 2898 SE 1st Place, thanked the Police Department for doing a good job controlling the speeders in his neighborhood. The addition of radar patrols has proven to be very effective. He further thanked the Police Department for sending a Police Officer to his homeowners' association meeting. He thanked Hank Ackermann and Scott Blasie for their assistance. Code COmpliance is working on temporarily solving the problem of the abandoned duplex properties on SE 2"d Avenue. Mr. Bair urged the Commission to look at a long-range solution to handling these properties. Mayor Taylor thanked Mr. Bair for the efforts made by the community. Ginny Foot, Art of Framing, represented the Governmental Affairs Committee of the Greater Boynton Beach Chamber of Commerce. The members of the Chamber of Commerce are anxious to participate in the governmental process and offered to assist in the progress of Boynton Beach. Mr. Tamany expressed concern about the location of the pond the City is planning in the dOWntown area because of its close proximity to St. Mark School. He is fearful that the children's safety is at risk. He is also upset that the City is planning to spend $1 million for the marina project. He recommended that the City purchase the marina property and develop it on its own terms. He asked the City Commission to reconsider this proposal. Mayor Taylor explained that he is a member of the Executive Board of St. Mark School. The SChool representatives are aware of the proposal and have no problem with it. He further explained that the pond is being proposed for the entire downtown area - not just the marina project. Mayor Taylor said the City has not spent any money on the marina project to date. The City has agreed to waive some of the fees associated with the project. The pond will be built regardless of whether the marina project goes forward. Vice Mayor Jaskiewicz added that thero is a retention pond in close proximity to Congress Middle School. There is also a dry retention pond next to Poinciana School. To date, thero haVe been no problems with either of those ponds. Herb Suss, resident of Quail Run, commended Mayor Pro Tem Tillman for his proactive stance on school safety. He requested that the Resolution be made stronger by holding parents accountable for the actions of these students. He also remarked that the City's Library is a "crown jewel". Mr. Suss commended the Commission for the progress being made in the 14 MEETZNG MTNUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH, FLORZDA .JULY 7, 1998 downtown. The issue of term limits is of particular concern to him. When he returns from a trip up north, he will work to organize a grassroots movement to defeat term limits in November. Vice Mayor Jaskiewicz announced that there is a model of the new high school on display in the magazine section at the Library. Some of the safety issues are being built into that school. When Mr. Suss expressed an uneasy feeling about the construction of the new high school, ViCe Mayor Jaskiewicz explained that The School Board is very happy to be building the first coastal high school here in Boynton Beach. John Burns, Lantana, announced a program that will bring approximately 20 Russian high school students to the Palm Beach area. Host families are needed. The program begins on July 17th and runs through August 14th. All of the students range in age from 13 to 17 and are from Siberia and the Russian Far East. Their activities are well organized for the four weeks they will be here. All of the students speak English and will take intensive English language classes while they are here. In addition, all students have full medical insurance coverage. Mr. Burns urged anyone who wishes to host a student to contact him. He left an information sheet in the Chambers. Mayor Taylor offered to advertise this program on the sign outside of City Hall. Sarah Williams thanked the Commission for agreeing to subsidize the summer camp program. She is hopeful that next year's budget will include all children in Boynton Beach whose needs mast be met. WiTH NO ONE ELSE WISHING TO SPEAK AT PUBLIC AUDIENCE, MAYOR TAYLOR DECLARED A BRIEF RECESS AT 8:30 P.M. THE MEETING RESUMED AT 8:40 P.M. VIi. PUBLIC HEARING: Attorney Cherof administered the oath to all that would be testifying during these quasi-judicial prOceedings. A. Project: Agent: Location: Description: Boynton Beach Mall Thomas A. Marsicano, Vice President URS Grenier, Inc. Boynton Beach Mall Request to amend the Development Order of the Boynton Beach Mall Development of Regional Impact (DRI), amending Ordinance 96-26, to extend the build-out date to December 31,2000. PROPOSED RESOLUTION NO. R98-123 Re: Amending the Development Order to change the build-out date to December 31, 2000 TOm Marsicano, Certified Planner representing Simon DeBartolo Corporation, explained that this is an extension of the build out date for expansion of the Mall. It is anticipated that the expansion will be completed before December, 2000. ]5 MEETTNG MI'NUTES REGULAR C'rTY COMMI'SSTON BOYNTON BEACH~ FLORTDA 3ULY 7, 1998 In response to Mayor Taylor's question about the conditions of approval, Mr. Marsicano stated he had not seen the draft Resolution. Mike Rumpf, Acting Planning & Zoning Director, advised that the condition of approval remains the same as in the original packet received by Mr. Marsicano. Mr. Marsicano advised that he had no problem with the condition of approval. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Commissioner Titcomb moved to approve Agenda Item VII.A, Boynton Beach Mall extension. Commissioner Denahan seconded the motion. In response to Vice Mayor Jaskiewicz, Mr. Marsicano said the plans are being reviewed by staff and construction should begin before the end of the year. Construction should take approximately one year to complete. The motion carried unanimously. B. Project: Agent: Location: Description: Favorite Food Court Bradley D. Miller, AICP Miller Land Planning Consultants, Inc. Eastside of SW 8th Street, north of Woolbright Road Request for conditional use approval to construct a 4,000 square foot restaurant with a drive-through within the Shoppes of Woolbright PCD and IV.D.3. Shoppes of Woolbright PCD - Favorite Food C. ourt (Bradley D. Miller, AICP) Request for modification to master plan for the Shoppes of Woolbright PCD through adjustment of square.feet from planned retail use to the remaining restaurant outparcel in connection with processing of the Favorite Food Court use application to construct a 4,000 square foot (restaurant) with a drive-through Attorney Cherof advised that both items could be considered together. However, separate motions are required. Bradley Miller, Miller Land Planning Consultant, represented the petitioner. This parcel is part of the Shoppes of Woolbright PCD on the eastside of SW 8th Street, north of Discount Auto. This parcel went through the site plan review process approximately one year ago and was approved for a 3,710 square foot food court facility. The request for conditional use approval came about because of: The Design Expo project north of Home Depot was approved. As part of that approval, the Home Depot entrance was relocated and that resulted in the 16 MEET'LNG MI'NUTES REGULAR CI-I'Y COMM?SS?ON BOYNTON BEACH~ FLORZDA 3ULY 7~ 1998 addition of 28' to this parcel. It also allowed the developer to provide an improved design of this proposed facility by allowing for complete circulation around the building and a drive-through window. That circulation pattern did not exist on the previous plan. · This application also adds 290 square feet to the building size. The building has been designed for four restaurant users. The parking that has been provided is ibased on all restaurant uses. A worst-case scenario was used in the design and planning of the parcel. Atl the Planning & Development Board meeting, there was discussion about how the building shlould be used. The board members placed a condition of approval on the project restricting the building to all restaurant uses. Mr. Miller requested that the Commission eliminate that colndition to allow them to have C-3 uses that are permitted by the supplement agreement for this property. It is very likely the entire building will be used for restaurants. However, the allowance of C-3 uses is better from a marketing and leasing standpoint. If retail were included in this building, parking would not be impacted because retail has a lower parking ratio and traffic generation rate. The building setbacks and buffers will not change. If part of the building is leased to retail, there will be excess parking available. Mike Rumpf had no comments to offer. At Commissioner Titcomb's request, Mr. Miller displayed elevations that depicted the use of taupe and beige colors with red accents that comply with some of the other uses in the overall PrOject. The use will change from a shared common area to four bays. The design of the bulilding is for up to four bays with public access from the eastside of the building. The building will look like it has two frontages. There will be four doorways. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Mayor Taylor reminded the Commissioners that this building was first proposed as a food court. The Commissioners questioned the need for so many restaurants in one location. The ap!plicant has now requested the right to add retail in place of some restaurant space. In addition, after review, the City Attorney confirmed that nothing in this application violates the development agreement. ViCe Mayor Jaskiewicz questioned whether there would be an open concept inside the building. Mr~. Miller explained that it is designed so that it can be four separate bays. The drive-through wC~uld be for the northern-most tenant (possibly Dunkin' Donuts). There has been discussion with a hair salon representative for possible use of retail space. Mr. Miller explained that each of the stores would be 20' wide. There will be seating in each of the bays. ViCe Mayor Jaskiewicz feels this is an overuse of a small parcel of land. The drive-through at Bqrger King is dangerous and this will create the same kind of problem. In addition, she cannot imag ne a hair salon in a building that is serving food. 17 MEETING MINUTES REGULAR CTI'Y COMMISSION BOYNTON BEACH, FLORIDA 3ULY 7, 1998 In response to Mayor Taylor, Mr. Miller explained that it would be possible for one tenant to take two bays. Once the project is approved, the tenants' needs could be addressed. In addition, as leases expire, the use may change. When Vice Mayor Jaskiewicz stated that she would like to see how the project is marketed before she votes on it, Attorney Cherof reminded the Commissioners that these are not bay- specific applications. The Commission is considering the conditional use for one bay and the master plan modification. Motion Commissioner Titcomb moved approval of the master plan modification. Mayor Pro Tem Tillman seconded the motion that carried 4-1. (Vice Mayor Jaskiewicz dissented.) MOtion Commissioner Denahan moved to approve the conditional use. Commissioner Titcomb seconded the motion. Attorney Cherof reminded the Commissioners of the conditions attached in Exhibit "C". Condition #26 is the one that was added on by the Planning & Development Board restricting the project to only restaurant uses. Commissioner Denahan amended her motion to delete Comment #26. Commissioner Titcomb seConded the amended motion that carried 4-1. (Vice Mayor Jaskiewicz dissented.) VIII. BIDS: A. Motion to deny the bid protest of Communications International, Inc. At the petitioner's request, this item was postponed until the City Commission meeting to be held on July 21, 1998. IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Request to the County for South Seacrest Swale Work for Drainage Commissioner Titcomb requested the Commission to direct staff to contact the County to address issues of drainage, swale work and beautification of the swale areas from Ascension Lutheran Church to the Delray Beach line on Seacrest Boulevard. Vice Mayor Jaskiewicz would like to extend this request to Boynton Beach Boulevard since curbing only exists at either end from Woolbright Road to Boynton Beach Boulevard for two MEETZNG MI'NUTES REGULAR CZTY COMMI'SSI'ON BOYNTON BEACH~ FLORZDA ~ULY 7, 1998 blocks. The remaining area needs curbing, drainage, a chase area that could be landscaped and swale work. COmmissioner Titcomb reminded the Commissioners that approximately one year ago, there were discussions about median and beautification improvements at the north end of Seacrest Boulevard. The City Manager believed it might be overwhelming for the process to try to get all of those improvements at once. Hopefully, the County will recognize that all of Seacrest Boulevard is within their jurisdiction and perhaps a plan can be developed to cover all of the issues from border to border. Vice MayorJaskiewicz feels the County will respond by saying the road must be widened to four lanes with a turn lane in order for them to make the improvements. Commissioner Titcomb pointed out that it is not possible to get direction on the traffic signals or traffic flow in the south end of Seacrest Boulevard. In addition, our City is citing residents for maintenance of swale areas that are physically impossible to maintain because of drainage and cars that steer off the highway. COnsensus There was a consensus of the Commission to have staff investigate this situation. Xl; LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-19 Re: Regarding the application of Vincent Barrera (a 0.41 acre parcel located at 3025 North Federal Highway, opposite the northeast corner of the Gulfstream Mall); annexing a certain unincorporated tract of land that is contiguous to the City limits within Palm Beach County and that will, upon annexation, constitute a reasonably compact addition to the City territory, pursuant to a petition by the owner of said tract of land, requesting annexation pursuant to Article I, Section 7(32) of the Charter of the City of Boynton Beach, Florida, and sections 171.044, and 171.062(2), Florida Statutes; providing the proper land use designation and proper zoning of the property shall be reflected in separate Ordinances to be passed simultaneously herewith and providing that this Ordinance shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida Attorney Cherof read Proposed Ordinance No. O98-19 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion ViCe Mayor Jaskiewicz moved to approve Proposed Ordinance No. O98-19.Mayor Pro Tem Tiliman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. ]9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ULY 7, 1998 Proposed Ordinance No. O98-20 Re: Regarding 3025 North Federal Highway (Barrera Property) Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City by adopting the proper land use of certain property from Commercial High Intensity (County) to Local Retail Commercial (City) Attorney Cherof read Proposed Ordinance No. O98-20 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 to approve Proposed Ordinance No. O98-20.Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-21 Re: The application of Vincent Barrera (a 0.41 acre parcel located at 3025 North Federal Highway, opposite the northeast corner of the Gulfstream Mall) amending Ordinance 91-70 of said City by rezoning a certain tract of land more particularly described herein from CG (General Commercial in Palm Beach County) to C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance No. O98-21 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT wHo WISHED TO SPEAK ON THIS ORDINANCE. Motion ViCe Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-21.Mayor Pro Tem Tiliman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading Proposed Ordinance No. 098-22 Re: Amending Chapter 6, "Cemeteries" of the Code of Ordinances by amending Section 6-3 to abolish the Board of Trustees of the Municipal Cemetery and establishing a cemetery fund, and amending Section 6-5 to remove all reference to that Board of Trustees and the trust. Attorney Cherof read Proposed Ordinance No. O98-22 by title only. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .1ULY 7~ 1998 MOtion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. O98-22.Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-23 Re: Rezoning and master plan approval of property located on the northeast c~ner of Woolbright Road and Knuth Road and amending Ordinance 91-70 by rezoning The Hamptons at Boynton Beach PUD Attorney Cherof read Proposed Ordinance No. 098-23 by title only. Motion Commissioner Titcomb moved to Jaskiewicz seconded the motion. unanimous. approve Proposed Ordinance No. O98-23.Vice Mayor City Clerk Sue Kruse polled the vote. The vote was Proposed Ordinance No. 098-24 Re: Amending Ordinance 89-38 to amend the Future Land Use Element of the Comprehensive Plan to change the land use designation of 14.18 acres of land owned by The First Baptist Church of Boynton Beach from Moderate Density Residential to Local Retail Commercial Development (PCD) Attorney Cherof read Proposed Ordinance No. 098-24 by title only. Motion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. O98-24.Commissioner Titcomb seconded the motion. Vice Mayor Jaskiewicz recalled precise guidelines with respect to how this property can be developed. It had to conform to the use that was approved or it would revert back to the previous Ordinance. She questioned whether or not those restrictions were included. Attorney Cherof advised that he would investigate this between first and second reading. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-25 Re: Amending Ordinance 91-70 to rezone approximately 14.18 acres of land owned by The First Baptist Church of Boynton Beach from Planned Unit Development (PUD) to Planned Commercial Development (PCD) Attorney Cherof read Proposed Ordinance No. 098-25 by title only. 2! MEETI'NG MLNUTES REGULAR CZ'FY COMMI'SSI'ON BOYNTON BEACH~ FLORIDA 3ULY 7~ 1998 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O98-25.Mayor Pro Tem Tillman seconded the motion. Vice Mayor Jaskiewicz requested that Attorney Cherof investigate to see if her remarks about Proposed Ordinance 098-24 are included in this Ordinance. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38 of the Future Land Use Element of the Comprehensive Plan to change the land use designation from Moderate Density Residential to High Density Residential on 66.16 acres of land known as Woolbright Place PUD Attorney Cherof read Proposed Ordinance No. 098-26 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-26. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel of land located north of Miner Road between Lawrence Road and Congress Avenue owned by Roland E. and Ceila M. Foster Attorney Cherof read Proposed Ordinance No. 098-27 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-27. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-28 Re: Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan to change the land use designation of 23.4 acres of land owned by Roland E. Foster and Ceila M. Foster from MR-5 in Palm Beach County to Low Density Residential Attorney Cherof read Proposed Ordinance No. O98-28 by title only. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3ULY 7, 1998 Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O98-28. Denahan seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was Proposed Ordinance No. O98-29 Re: Amending Ordinance 91-70 by rezoning property owned by Roland E. Foster and Ceila M. Foster from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development (PUD) Attorney Cherof read Proposed Ordinance No. O98-29 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O98-29. Mayor Pre Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: Consideration of waiving the confidentiality of the appraisals the City has obtained on the two parcels of land associated with the Pond "B" project Attorney Cherof advised that under State law, the City is permitted to obtain appraisals and keep them confidential during negotiations to acquire a property. It is not always appropriate to keep the documents confidential. The City has made two offers to acquire property designated as Pond "B" in the downtown area. There is a credibility gap between the offer made by the City and what the property owners expect regarding the value of the land. Professional certified State appraisers perform our appraisals. Attorney Cherof believes it would expedite our negotiations if we provide them with the information regarding the true value. Attorney Cherof requested that the City Commission waive the statutory right to keep the documents exempt. Mayor Taylor supported Attorney Cherof's request. Commissioner Titcomb supports the request, but questioned whether there are any perceived negatives to releasing this information. Attorney Cherof responded negatively. He explained that while the City gathers its strategy for negotiating, it is important to keep the information confidential. However, at this point, there is no tactical or legal benefit. 23 MEETTNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA .]ULY 7, 1998 Motion Mayor Pro Tem Tillman moved to waive confidentiality of appraisals the City has obtained on two parcels of land associated with Pond project "B". Commissioner Denahan seconded the motion that carried unanimously. Alhambra Square South - Proposed amendment to an agreement to clarify the number of units permissible Attorney Cherof reminded the Commissioners that a long time ago, the City entered into an agreement with respect to Alhambra South that made reference to a fixed number of units (248 units). The language of the document referred to the 248 units as being the minimum number of units. However, what the parties intended was that the maximum number of units would be 248. The property owner, through the agent, has requested that the City join in a corrected instrument to properly reflect that the 248 is a maximum and not a minimum. Attorney Cherof recommended that the Commission authorize execution of the instrument of correction. Motion Commissioner Denahan moved to accept the instrument of correction. Commissioner Titcomb seconded the motion. ViCe Mayor Jaskiewicz questioned whether or not clarification was also required regarding the size of the apartments. Attorney Cherof responded negatively. He said there is no language in the instrument of correction that speaks to that specific issue. The motion carried unanimously. Xll. UNFINISHED BUSINESS: A. Commission Action of Code Compliance Board Matters: Approval of Code Compliance Board's decision to reduce the lien imposed in Case #97-2452 from $1,325 to $250. Scott Blasie, Code Compliance Administrator, had no comments to offer other than what was included in the back-up material. He advised that the applicant was not present even though he was notified by mail sent on June 30, 1998. He has had no contact with the applicant. Mayor Taylor pointed out that once the tenant was evicted, the property owner immediately began work to gain compliance. Mr. Blasie agreed. The property owner appeared at the original hearing and pled "no contest". They requested 60 days for compliance. However, it took longer than 60 days to evict the tenants. Mr. Blasie confirmed for Commissioner Denahan that staff researched past records and determined that the violator never appeared before the Code Compliance Board other than for this particular case. 24 MEETTNG M'rNUTES REGULAR CI-rY COMMTSSTON BOYNTON BEACH~ FLORTDA .1ULY 7, 1998 MOtion Commissioner Titcomb moved to accept the recommendation of staff and the Code Compliance Board. XlII. Commissioner Denahan seconded the motion that carried unanimously. OTHER: None XlV. ADJOURNMENT: There being no further business to come adjourned at 9:15 p.m. before the City Commission, the meeting properly CRY OF BOYNTON BEACH ATTEST: Cit~Clerk Clerk (Two 90-minute Tapes) I~ayo~ Pro Tem ssioner Commissioner 25 IV. CONSENT AGENDA C. 4 RESOLUTION R98- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PROVIDE FINANCIAL ASSISTANCE OR REIMBURSEMENTS TO SCHOOL DISTRICTS THAT UTILIZE PRO-ACTIVE MEASURES IN THE DESIGN, CONSTRUCTION AND REMODELING OF LOCAL SCHOOLS FOR ENHANCEMENT OF SAFETY CONCERNS; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO ATTORNEY GENERAL JANET RENO; THE FLORIDA LEGISLATIVE DELEGATION, THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE SCHOOL BOARD OF PALM BEACH COUNTY, THE FLORIDA LEAGUE .OF CITIES, AND ALL MUNICIPALITIES IN PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Flodda is interested in taking a pro-active role in assuring safety in our schools and on our school campuses; and WHEREAS, the City of Boynton Beach, Flodda feels it is imperative to afford the students, teachers and staff the safety and protection needed to insure a secu re learning environment; and WHEREAS, to that end, we are requesting that-the state and national- legislatures provide financial assistance or reimbursements to schoel districts that' utilize pro-active measures in the design, construction and remodeling of local schools to enhance safety measures; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the City Commission of the City of Boynton Beach, Florida formally voices it's concern regarding this matter of great importance and request that our state and local Legislators provide financial assistance or reimbursements to*school districts that utilize pro-active measures in the design, construction and remodeling of local schools to enhance safety measures. Section 2. A copy of this Resolution shall be provided to Attorney General Janet Reno; The Florida Legislative Delegation, The Palm Beach County Legislative Delegation, The School Board of Palm Beach County, The Florida League of Cities, and all Municipalities in Palm Beach County. PASSED AND ADOPTED this day of July, 1998. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:c~o~w A,.'t~s- S~oot S~et~ Enhan~nn~ts = 6/25/9g OPEN YOUR HOME TO A RUSSIAN EXCHANGE STUDENT THIS $UMMER JUL Y 1998 Share the American Culture Make new friends and enjoy new experiences Take part in excursions Experience the world from a different perspective The Council on International Educational Exchange's Educational Homestay Program is bringing high school students from RUSSIA from July 17 to August 14, 1998, to the Palm Springs Baptist School at 3300 10th Ave N. & Davie Rd(hr. Congress Ave), in the Palm Springs/Lake Worth areal PLEASE HOST A STUDENT! Host families can receive free study or travel publications, or discounts on airline tickets ...... Families are also eligible for a tax deduction. ' BECOME A COUNCIL HOST FAMILY CALL CATHY BURNS AT (561) 439-8244 (Daytime) (561) 540-5370 (Evenings/Weekends) Live in Palm Springs/Lake Worth~Palm Beaches/PB County? Please share this information with friends and family! Thank you! = DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE · ~ ~ ',.-' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Favorite Food Court APPLICANT'S AGENT: Bradley Miller, AICP APPLICANT'S ADDRESS: 298 Pineapple Grove Way, Delray Beach, FL 33444 DATE OF CITY COMMISSION PUBLIC HEARING: July 7, 1998 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: East side of S.W. 8th Street, north of Woolbdght Road 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 5. This Order shall take effect immediately upon issuance by the City Clerk. ' ' City Clerk J:\SHRDATA\Planning\SHARED\WP\FORMS~Dev. Orders\DEVELOPMENT ORDER REV. doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other Projecl name: Favorite Food Court File nUmber: COUS 98-001 EXHIBIT "C" Conditions of Approval Reference: The plans consist of 7 sheets identified as 1st Review, Conditional Use. File # COUS 98,001 with a MaY 11, 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 utilities 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. Sec. 26-34(E) of the city code requires that a capacity reservation fee be X paid for this project within 30 days of site plan approval. Based upon a 1-inch meter, the capacity reservation fee is $194.04. 3. Comp Plan policy 3C.3.4 requires the conservation of potable water. City X water may, therefore, not be used for irrigation where other sources are readily available. 4. Provide an engineer's written certification that drainage will conform to X all rules of the city and the South Florida Water Management District. (LDR Chap. 4, Sec. 7F) 5. Note that setting of a permanent water meter is a prerequisite to X obtaining the certificate of occupancy. FIRE COmments: None X POLICE C~mments: None X ENGINEERING DIVISION C~mments:, 6. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not Page 2 Favorite Food Court File No.: COUS 98-001 DEPARTMENTS INCLUDE REJECT 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. 7. Provide engineer's certification letter stating that drainage will conform X with all rules, regulations, codes, ere, of the City of Boynton Beach. [LDR Chapter 4, Section 7.F.2.] 8. Show on site plan all traffic control markings at all required locations X (Stop signs, Do Not Enter signs, One Way, etc.) [LDR Chapter 4, Section 7.B.2.] 9. Show locations of typical sections "A-A" & "B-B" on drainage plan. X Also, revise driving lane width from 25 feet to 27 feet on section "A-A". 10. Fix bar scale on site plan. X BUILDING DIVISION Comments: 11. Below the detail drawing of the monument sign found on sheet 1 of 1 X place a note indicating that the permit drawings for the monument sign shall comply with the specifications of the Shoppes of Woolbright PCD sign program and the applicable regulations of the city's sign code. On the architectural drawing that illustrates the monument sign and shows the proposed location of the wall signage place a note indicating that the permit drawings for the monument sign and wall signage shall comply with the specifications of the Shoppes of Woolbright PCD sign program and the applicable regulations of the city's sign code. [Land Development Regulations, Chapter 21 - Sign Code, Article IV, Section 71 12. Add to the site plan the distance that the proposed monument sign is X located from the adjacent property lines. Note: The minimum code setback for a freestanding sign is ten (10) feet. [Land Development Regulations, Chapter 21 - Sign Code, Article III, Section 5] 13. Add to the floor plan drawing the labeled symbol that represents the X location and continuation of the accessible route that is required from the accessible parking spaces and the abutting right-of-way to the accessible i entrance of the building. All aspects of the accessible route shall comply with the regulations specified in the Florida Accessibility Code for Building Construction. 14. i At time of permit review submit a copy of the South Florida Water X Page 3 Favorite Food Court File No.: COUS 98-001 DEPARTMENTS INCLUDE REJECT Management District permit that verifies the proposed finish floor elevations meet the minimum standards. 15. Prior to a permit being issued for the proposed improvements a unity of X title form shall be completed, executed, recorded in Palm Beach County and a copy submitted to the city for the permit file. The form shall show Lot 2 unified with the portion of Tract D that is shown and identified on the submitted survey. Note: To facilitate approval of the unity of title it is recommended that the applicant use the city approved unity of title form that is available from the Permit Application Group located in the Building Division front office. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING COmments: 16. Sign and seal all plans. X 17.: Provide the following information in the site plan tabular data: X vehicular use landscape space proposed % building coverage 18. The monument sign detail should show the overall height, maximum X sign face square footage. Ch.21 Art.II Sec.2 Par. B. These dimensions shall reflect the approved signage plan for the Shoppes of Woolbright, or a separate plan will need to be submitted amending that approved signage plan. 19. Provide in the dumpster detail, a description of the gate materials and a X label listing the proposed paint colors and manufacturers. 20. Provide a lighting plan which also demonstrates the type, source, and X style to be used. Ch.9 Sec. 10 Par.F & Ch.23 Art. II Par. A. 21. i Provide a note on the landscape plans referencing the method of X , irrigation, including its source. Ch.4 Sec.7 Par. C. 22. On the landscape plan, the tree symbol at the proposed location of tree X ~ 'T' is missing it's letter designation. Page 4 Favorite Food Court File No.: COUS 98-001 DEPARTMENTS INCLUDE REJECT 23. Add the following note to the planting notes of the landscape plans: X - Hedges adjacent to right-of-ways shall be maintained at 3' OA. HT. - Hedges adjacent to interior lot lines shall be maintained at 4' OA. HT. Ch. 7.5 Art. Il Sec.5 Par. D & E. 24. Label on the landscape plans the 40' maximum dimension between the X trees within the 10' right-of-way landscape strip. 25. On the architectural plans provide the proposed color of item #7 in the X materials schedule. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 26. The Favorite Food Court project is only to include restaurant uses.. X ADDITIONAL CITY COMMISSION CONDITIONS 27. Subject to all conditions except comment #26. X /bme J:',SHRDATA\PLANNING\SHARED\WP\PROJECTS\SHPSWOOL\FOOD COURT~COUS\COND. OF APPR.DOC\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Corporate Park PID APPLICANT'S AGENT: Roscoe Biby, P.E., Kimley-Horn and Associates APPLICANT'S ADDRESS: Suite 400, 601 21st Street, Vero Beach~ Florida 32960 DATE OF CITY COMMISSION RATIFICATION: July 7, 1998 TYPE OF RELIEF SOUGHT: Use Approval (studio/suites) LOCATION OF PROPERTY: Quantum Corporate Park- Lot 39 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 City Clerk J:\SHRDATA~Planning\SHARED\WP\PROJECTS\QUANTUM\Extended Stay Amer~USAP\DEVELOPMENT ORDER - USAP.doc EXHIBIT "C" Conditions of Approval ProjeCt name: Quantum Corporate Park PID (use approval studio/suites) File number: USAP 98-003 Reference: Letter of request dated May 18, 1998. DEPARTMENTS [ INCLUDE I 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 1. Approval of a corresponding amendment to the Development of X Regional Impact (DRI) that would change the land use designation on any lots intended for the planned studio suites project to include "Hotel". 2. Compliance with the Quantum Park DRI Development Order. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. i None. X ADDITIONAL CITY COMMISSION CONDITIONS i /bmei J:\SHRiDATA\PLANNING\SHARED\WP\PROJECTS\QUANTUM\EXTENDED STAY AMER\USAP\COND. OF APPR-USAP.DOC\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shoppes of Woolbright PCD APPLICANT'S AGENT: Bradley Miller, AICP APPLICANT'S ADDRESS: 298 Pineapple Grove Way, Delray Beach, FL 33444 DATE OF CITY COMMISSION RATIFICATION: July 7, 1998 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: East side of S.W. 8th Street, north of Woolbright Road 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 City Clerk -- J:\SHRDATA\Planning\SHARED\WP\PROJECTS\SHPSWOOL\Food CourtWIPMD\Dev Order - MPMD.doc EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbright PCD - Favorite Food Court File number: MPMD 98-002 Reference: The plans consist of 1 sheets identified as 1st Submittal, Master Plan Modification. File # MPMD 98-002 with a May 13, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REmCT 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. None X J:\SHRDATA~LANNING\SHARED\WP\PROJECTS\SHPSWOOL\FOOD COURTWIPMD\COND. OF APPR.DOC\ ' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Self Storage facilities APPLICANT'S AGENT: William Morris, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, 100A, West Palm Beach, Florida 33401 DATE OF CITY COMMISSION RATIFICATION OR PUBLIC HEARING: July 7, 1998 TYPE OF RELIEF SOUGHT: Code Review LOCATION OF PROPERTY: North of Boynton Beach Boulevard, west of 1-95 on Industrial Way 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 DATED: /~, ./P'~'g' ~ ~ City Clerk J:~SHRDATA~Planning~SHARED~WP~FORMS~Dev. Ordem~EVELOPMENT ORDER R~.doc EXHIBIT "B" Conditions of Approval Project name: Self Storage facilities le number: CDRV 98-001 ~ference: Re~ uest submitted April 1 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Outdoor storage for limited-access facilities located within the C-1 zoning district X be reduced from 50% to 20% of the area of the site. Chapter 2, Section 11.O., Self Service Storage Facilities (Mini-Warehouses), page 5, Item D. 1. 2. Recommend that only the C-1 zoning district be amended to allow storage uses, X Chapter 2, Section 11.O., Self Service Storage Facilities (Mini-Warehouses), page 6, Item H. 3. Change the maximum height for a storage use within the C-1 zoning district to 30 X feet when the use abuts a zoning district for single family homes or duplexes. Chapter 2, Section 11.O., Self Service Storage Facilities (Mini-Warehouses), page 6, Item K. 4. iChange to read "Limited-access self-storage facilities will only be allowed in the X Page 2 Stor All tie No.: CDRV 98-001 DEPARTMENTS I INCLUDE REJECT C~i zoning district". Chapter 2, Section 11.O., Self Service Storage Facilities (Mini- Warehouses), Pages 6 and 7, Item L. 5. Change minimum width of a one-way access aisle to 25 feet. Add requirement to X add 12 feet of width between storage aisles when a portion of this aisle space is utilized for outdoor storage. Chapter 2, Section 11.O., Self Service Storage Facilities (Mini-Warehouses), page 7, 2.B. 1. 6. Changer"bay" to "unit" so that certain small closets within the facility are not X eXcluded when calculating the total parking requirement. Chapter 2, Section 11 .O., Self Service Storage Facilities (Mini-Warehouses), page 7, Item 2.B. 1. 7. Change "C-4" to "C-i" to correct an assumed typographical error. Chapter 2, X Section 11.O., Self Service Storage Facilities (Mini-Warehouses), page 7, Item 2.D. 8. Change to include the requirement to satisfy current regulations for loading zones X and clearance for driveway accessibility dependent on one-way or two-way traffic. Chapter 2, Section 11.O., Self Service Storage Facilities (Mini-Warehouses), Page 8, Item 3.C. 9. Change to indicate only the C-1 zoning district, rather than "C-1 through C-4". X Chapter 2, Section 11.O., Self Service Storage Facilities (Mini-Warehouses), page 8, Item 3.E. 10. Change closing time from 10:00 p.m. to 9:00 p.m. to maximize compatibility with X office environments and nearby residential neighborhoods. Chapter 2, Section 11 .O., Self Service Storage Facilities (Mini-Warehouses), page 8, Item 3.H. 11. Change "minimize" to "prevent". Chapter 2, Section 11.O., Self Service Storage X Facilities (Mini-Warehouses), page 8, item 3.I. 12. Change "bay" to "unit". Chapter 2, Section 11.H, Provision of Off-Street Parking, X page 9, Item (5). 13. Revise the city's land development regulations C-2 and C-3 zoning districts, to add X to the respective list of prohibited uses, limited-access, or multi-access storage uses in order to prevent any future confusion. LDR Chapter 2, Community Commercial Zoning Districts. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ~, 14. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS /bme J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\STOR-ALL\CDP, V~COND. OF APPR-CDRV. DOC\