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Minutes 02-17-98 (2) MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 17, 1998 AT 7:00 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation offered by Reverend Randall Gill- First Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman The regular City Commission meeting began at 6:51 p.m., immediately following the City COmmission workshop meeting. The invocation and the Pledge of Allegiance to the Flag were dispensed with at the beginning of the workshop meeting. D. Agenda Approval: 1 .. Additions, Deletions, Corrections ViCe Mayor Titcomb requested the addition of Item X.A.2, "Discussion about City Facilitated CRA Small Business Loan Program". COmmissioner Tillman requested that Items XI-D.1 and 2 be moved up on the agenda to be discussed after Item IV-Consent Agenda. ViCe Mayor Titcomb requested the addition of Item ×II-B, "Chapel Hill Entryway Wall Project and Trees". Commissioner Jaskiewicz requested the addition of Item 111-2, "Governor's Children's Summit". Mayor Taylor requested the addition of Item V-A, "Update on BE Aerospace" City Manager Willis requested the addition of Item V-B, "Update on Employee Safety Award". In addition, City Manager Willis advised that she would present a Change Order for the Pistol Range lead abatement under Item V-C. Attorney Cherof requested that the Commission table Item XI-A. 1, "Newsrack Ordinance", and add Item XI.B.2, "Live Aboard Ordinance on First Reading". 2. Adoption Commissioner Bradley moved to approve the agenda as amended. Vice Mayor Titcomb seconded the motion that carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, '1998 II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date II Bradley Code Compliance Board Alt 1 yr term to 9/98 -1 III Jaskiewicz Code Compliance Board Alt 1 yr term to 9/98 -1 Mayor Taylor Community Relations Board Alt . 1 yr term to 4/98 -1 I Titcomb Community Relations Board Alt 1 yr term to 4/98 -1 II Bradley Community Relations Board Reg 3 yr term to 4/98 -1 III Jaskiewicz S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 -1 II Bradley* S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 TABLED-3 IV Jaskiewicz Adv. Bd. Children & Youth Alt 1 yr term to 4/98 -1 IV Tillman Adv. Bd. Children & Youth Stu/Reg 1 yr term to 4/98 -1 Mayor Taylor Planning & Development Bd. Alt 1 yr term to 4/98 -1 I Titcomb Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4/98 -1 IV Tillman Nuisance Abatement Board Reg 2 yr term to 4/00 TABLED-2 IV Tillman Senior Advisory Board Alt 1 yr term to 4/98 -1 IV Tillman Recreation & Parks Board Reg 3 yr term to 4/99 -1 COmmissioner Bradley appointed Harold Izard as a regular member of the Community Relations Board. MOtion C~mmissioner Jaskiewicz moved to approve the appointment and table apipointments. Commissioner Tillman seconded the motion that carried 5-0. IIl.i ANNOUNCEMENTS & PRESENTATIONS: the remaining A. Announcements: Community RedevelOpment Agency (CRA) Workshop Meetings with James Duncan & Associates, Visions 20/20 Consultants to be held in the West Wing Conference Room at 6:30 p.m. on: Thursday, March 12, 1998 Thursday, April 9, 1998 Thursday, May 14, 1998 Mayor Taylor made this announcement. City Clerk Sue Kruse advised that arrangements have been made to hold these CRA meetings in the Library Program Room. In addition, City Clerk KrUse advised that it would be necessary to have a special meeting within three days of the election. At that time, the new Commissioners will take their oaths. A decision was made to conduct the special meeting on March 12, 1998 at 6:00 p.m. in COmmission Chambers for the purpose of the swearing in of newly-elected officials. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 2. Governor's Children's Summit Commissioner Jaskiewicz reported that she attended the Governor's Children's Summit in Orlando and received a great deal of information on programs we might be able to implement in our City. She was provided with names, addresses, and phone numbers of contact people who can offer more information. Commissioner Jaskiewicz will share this information with the Advisory Board on Children & Youth. This Summit stressed the need for youth boards and youth councils, and Commissioner Jaskiewicz feels this is an area we should pursue. B. Presentations: None IV, CONSENT AGENDA: A. Minutes: City Commission, Planning & Development Board, and Chamber of Commerce Joint Workshop Meeting of January 26, 1998 Motion Vice Mayor Titcomb moved to approve. Commissioner Jaskiewicz seconded the motion that carried 5-0. 2. Regular City Commission Meeting of February 3, 1998 Motion COmmissioner Bradley moved to approve. Vice Mayor Titcomb seconded the motion that carried 5-0. Vice Mayor Titcomb requested that Items IV-B.4 and D.1 & D.2 be removed for discussion. COmmissioner Bradley requested that Items C.5 and "G" be removed for discussion. Bo Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Approve purchase of two (2) Club Car Carryall Ils Utility Vehicles from Hector Turf of Deerfield Beach, Florida utilizing GSA Contract #GS07F- 8745D in the total amount of $10,200.80 ($5,100.40 each) Award BID #052-192-97/SP "Exterior repainting of Various City Buildings 1) Fire Station #3 and Pistol Range; and 2) Ezell Hester Park Complex" to Custom Caulking & Waterproofing, Fort Lauderdale, Florida, in the amount of $23,780 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Approve purchase of "Fire Pumper/65' Telescopic Water Tower/Aerial Ladder", piggybacking a Metro/Dade Bid #4308-0/97, from Ten-8 Fire Equipment, Inc., Tampa, Florida, in the amount of $420,527 Approve one-year extension of the "Annual Contract for Aquatic Vegetation Control BID #025-722-97/CJD" with Aquatic Vegetation Control of Riviera Beach, Florida, in the amount of $8,400. Item B.4 was removed from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R98-30 Re: Approving a Letter of Credit from SouthTrust Bank in the amount of $23,400 as surety for the completion of the sanitary sewer system serving the Boynton Commons project Proposed Resolution No. R98-31 Re: Approving an agreement between the City's G.A.L.A. and American Radio Systems for radio sponsorship of the 1998 Boynton Beach G.A.L.A. Proposed Resolution No. R98-32 Re: Approving the use of Quality Transport Services, Inc. in the amount of $275 per school bus to be funded from the Recreation Revenue Fund Account ff472-721-5-499.00 Proposed Resolution No. R98-33 ment for the 1998 G.A.L.A. event Re: Approving the security agree- o Proposed Resolution No. R98-34 Re: Approving the Sports Festival Agreement between the City of Boynton Beach and McDonald's of Boynton Beach (1810 South Federal Highway) Item C.5 was removed from the Consent Agenda for discussion. Proposed Resolution No. R98-35 Re: Approving an agreement for professional services, "Communications Engineering and Consulting Services" with OMNICOM, Inc. for the planning, design and implementation of a new radio system in conjunction with the Cities of Boca Raton and Delray Beach Proposed Resolution :No. R98-36 Re: Approving an agreement between the City's G.A.L.A. Committee and Sheldon Amusements for the amusement company to plan, organize and implement the Kids Korner games and rides area during the March 20-22, 1998 festival Proposed Resolution No. R98-37 Re: Supporting State funding for the Regional Planning Council MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Proposed Resolution No. R98-38 Re: Approving the transfer of funds in conjunction with the reorganization plan of the City Manager 10. Proposed Resolution No. R98-39 Re: Approving contracts associated with the reorganization 11. Proposed Resolution No. R98-40 Re: Approving job descriptions D. Ratification of Planning & Development Board Action: Item #1: Boynton Commerce Center Planned Industrial Development (PID) - Request for modification of the previously-approved PID master plan to combine Parcels 3A, 3B, and 3C and replace the four previously planned office buildings, totaling 249,600 square feet, with four warehouse/manufacturing/office operation centers, having a new grand total of 206,460 square feet Item #2: Boynton Commerce Center - Operations Centers "A", "B", and "C" - Request for site plan approval to construct four warehouse/office/industrial buildings on Parcels 3A, 3B, and 3C (4.61 acres) of the Boynton Commerce Center PID Items D.1 and D.2 were removed from the Consent Agenda for discussion. E. Approval of Bills Authorize issuance of a Certificate of Public Convenience and Necessity for Pure Elegance, Inc. (Limousine Service)- Authorize transfer of $5,000 from the Law Enforcement Trust Fund Account 691- 000-1-691.20 to P.A.L. Account 001-211-5-399.21 Item "G" was removed from the Consent Agenda for discussion. H. Approve purchase of a mobile radio and headset for Police Department surveillance activities in the total amount of $1,651 for use by the Vice Unit Approve purchase of center consoles and laptop mounting equipment for 30 Police vehicles from Central Public Safety, Tampa, Florida, in the total amount of $10,995.48 Approve purchase of a MotOrola Systems Information Processor to upgrade the radio system in the amount of $17,679.88 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Motion Commissioner Tillman moved to approve the Consent Agenda with the exceptions of Items B.4, D.i, D.2, C.5, and "G". Commissioner Bradley seconded the motion that carried 5-0. Consent Agenda Items for d/scuss/o~. B.4. Approve one-year extension of the "Annual Contract for Aquatic Vegetation Control BID #025-722-97/CJD" with Aquatic Vegetation Control of Riviera Beach, Florida, in the amount of $8,400. Vice Mayor Titcomb met with a number of residents who border canals in the Lake Eden finger canal area on North Swinton Avenue. There are several jurisdictional bodies that maintain acquatic vegetation control and other water issues. At present, we contract with this company to maintain several canals, and private residents contract separately to maintain canals that are directly adjacent to them. In one instance, the residents maintain canals in areas adjacent to canals where we have stormwater and drainage running through them. In addition, in some caSes, the land beneath the canal system is platted. Therefore, there is a question with respect to who owns the canals and who maintains them. Vice Mayor Titcomb feels it would make sense for the City to strike a contract that would provide uniiversal aquatic control and maintenance city-wide. We can then investigate whether or not the waterfront property owners can benefit from a group rate and be assessed back the cost of enisuring that the canals are properly maintained. This will give the City better environmental control over the property. city Manager Willis advised that Warren Newell is proposing a potential MSTU to perform this serVice on a County-wide basis. She is concerned about whether the City Commission wants to enidorse this type of concept where the constituents will be paying the County for a service they wi!l expect the City to provide. With respect to this item on the agenda, the contractor has agireed to reduce or increase the scope of services at any time throughout the year if we choose to!alter the aquatic weed control program. City Manager Willis feels we need to look closely at th~ type of weed control program we would like to endorse. She urged the Commissioners to suipport this particular item. Mayor Taylor feels this is a complex issue :that needs further investigation. He recommended approving this item and pursuing this issue further at a workshop meeting. MOtion ViCe Mayor Titcomb moved to approve on that basis. Commissioner Bradley seconded the motion that carried 5-0. 0,5. Proposed Resolution No. R98-34 Re: Approving the Sports Festival Agreement between the City of Boynton Beach and McDonald's of Boynton Beach (1810 South Federal Highway) Commissioner Bradley said he asked the City Manager for the specifics with respect to the split of proceeds associated with this item. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Melody Green advised every year, a charity is identified to receive the proceeds of the event. Paul Raffa of McDonald's has been directly involved and has assisted in getting additional sponsorships. Ms. Green advised that 50% will go to Ronald McDonald House, 25% will go to the Children's Museum, and 25% will go to recreation programs within the Leisure Services Department for programs for people with disabilities. Motion Vice Mayor Titcomb moved to approve. Commissioner Jaskiewicz seconded the motion that carried 5-0. D.I: Boynton Commerce Center Planned Industrial Development (PID) - Request for modification of the previously-approved PID master plan to combine Parcels 3A, 3B, and 3C and replace the four previously planned office buildings, totaling 249,600 square feet, with four warehouse/manufacturing/office operation centers, having a new grand total of 206,460 square feet D.2: Boynton Commerce Center- Operations Centers "A", "B", and "C" - Request for site plan approval to construct four warehouse/office/industrial buildings on Parcels 3A, 3B, and 3C (4.61 acres) of the Boynton Commerce Center PID Vice Mayor Titcomb met with the principals of this project about greenspace tree in-fill .on a deteriorated berm that borders this project and Leisureville. He requested assurance that there is a plan being pursued for that purpose. Alan Gainsborg, representing the owner of the project, advised that this project is governed by a property owners' association. The concerns have been brought to their attention. Mr. Gainsborg said his client intends to take action to repair the damages to the berm on the west side of the property in conjunction with the. construction of the additional landscaping that was approved with the project. In response to Commissioner Tillman, Mr. Gainsborg explained that construction will not begin earlier than April, and it could be later than that date. This project may be built one building at a time and it consists of six warehouse buildings. The greenspace plan will move in conjunction with the construction of the project. Vice Mayor Titcomb said he wants an assurance that there will be completion of the plan that was set out when he met with the owners, °ur Forester, and our Code Compliance staff. Attorney Cherof advised that this could not be added as a condition of approval because this property is not under the control of this property owner. The property is under the control of the property association. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Motion Vice Mayor Titcomb moved to approve the project with the comments. Commissioner Jaskiewicz seconded the motion that carried unanimously. Authorize transfer of $5,000 from the Law Enforcement Trust Fund Account 691- 000-1-691.20 to P.A.L. Account 001-211-5-399.21 Commissioner Bradley recommended that the City Commission consider expanding these programs in the next budget process. Mayor Taylor agreed that this is a wonderful program, and it is a very good use of this money and commends the Police Department. Motion Commissioner Jaskiewicz moved to approve. Commissioner Bradley seconded the motion that carried 5-0. At Commissioner Tillman's request, the following items were moved up on the agenda: Xl. LEGAL Motion Vice Mayor Titcomb moved to remove these items from the table. Commissioner Bradley seconded the motion that carried 5-0. D. Other: Consider Code ComPliance Board request for lien reduction to $826.18 for Alberta K. & Octavia C. Bell - 1213 NW 4th Street - Case # 96-5692 (TABLED FROM 2/3 CITY COMMISSION MEETING) Scott Blasie, Code Compliance Administrator, reminded the Commissioners that this item was tabled at the last meeting. Since that time, the property has been vacated. City staff witnessed the turn over of the keys. The property owners anticipate turning in plans on Monday. Commissioner Jaskiewicz said she has many concerns about this establishment. She visited this property today and cannot believe the owners will invest $100,000 in this facility. She recommends demolishing this structure. She further explained that her major concern is putting a new face on something that has been a very serious problem in this City. The residents of this area are finally experiencing peace for the first time in years. The owners have been aware of the violations and did nothing to cooperate with the City until December of 1997. This area of the City is in need of revitalization and redevelopment. She does not believe the owners' plans for this property will work because of the previous record of this establishment. There have been over 150 arrests at this location and she will not support this request if there will be alcohol sales at this location. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Virgil Walker feels it is unfair to attach this building to the criminal activities in the area. Commissioner Tillman said the building has everything to do with the criminal activities in the area. He grew up in this area and witnessed gunfire at this location when he was a child. This is a community that needs to be uplifted. There is no room for beer and wines sales in this building. The rights, health and safety of this community are first and foremost. Commissioner Bradley advised that he visited the site after the last meeting. He was of the opinion that the plans for this structure were good. However, he received calls from people who are concerned about this family's history of illegal operations at this facility and they will continue those activities. Mayor Taylor explained that prior to the Wrice marches, he drove through the community with a po!ice officer. Every light in the community had been shot out, and he was afraid even though hei was in a police car. During the marches, there was never any cooperation. We now have an oPiportunity to eliminate the blight upon the community and the City as a whole. Mr. Walker said this property has been leased for the past two years. When the owners were notified of the violations, they signed the City of Boynton Beach as their agent to deal with the problems. The owners evicted the tenant. Mayor Taylor advised Mr. Walker that ownership carries responsibility. If the owners were not aware of what was going on, it is their own fault. They should have been aware. Mayor Taylor is also opposed to assigning the Police Department to protect one building in this City. Cynthia Kimball, Vice President of Cherry Hills Association, presented a proposal from the residents of Cherry Hills to donate this building to the Cherry Hills Association to be used for a davy care center. The residents of the community will help renovate this property with grant funding, and the center would operate as a nonprofit corporation. She urged the COmmissioners to make this dream a reality. Mayor Taylor advised Ms. Kimball that the City does not own this property. Mr. Walker was of the opinion at the last meeting that the City Commissioners would reduce the fine on this property once Ms. Poole was removed from the premises and the property owners would be able to move forward with their plans. The property owners are ready to move ahead. COmmissioner Jaskiewicz reminded Mr. Walker that the City Commissioners agreed to table the iteims because they were premature. Once the tenant was removed from the premises, the COmmission would consider the request. :Commissioner Jaskiewicz explained to Mr. Walker that she had a very big problem with this request and explained many of her concerns at the last meeting. In addition, Mayor Taylor pointed out that there was discussion about this issue but no vote was taken with regard to reducing the lien. Sarah Williams, '1331 SW 27th Avenue, expressed the concern of the residents. During the laSt forum at the Bible Church of God, many residents of Cherry Hills were present when the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 discussion focussed on the drugs and illegal activities taking place in Cherry Hills. The community has made some forward movement and does not want to go back. It is time to support the residents of this area. Beer and wine sales would not be advantageous in this area. Mayor Taylor supports the reinstatement of the lien to its original total amount. Motion Commissioner Tillman moved to reinstate the lien to the original full amount. If not paid, the City of iBoynton Beach should continue to pursue foreclosure. Vice Mayor Titcomb seconded the motion. Attorney Cherof advised that there is no need to reinstate the lien because it is in effect unless the Commission acts to reduce it. Mr. Walker suggested having the Police Chief testify that since the Police Department has taken oni the responsibility of acting as the owners' agent, the criminal activities have moved up the street. Therefore, the building is not the problem. Thle motion carried 5-0. Consider Code Compliance Board request for lien reduction to $826.18 for Alberta K. & Octavia C. Bell - 1213 NW 4th Street - Case #96-4218 (TABLED FROM 2/3 CITY COMMISSION MEETING) MOtion COmmissioner Jaskiewicz moved to maintain the lien and to move to foreclosure if the lien is not paid. Commissioner Tillman seconded the motion that carried 5-0. V. CITY MANAGER'S REPORT: A. Safety Awards Atthe podium, Wilfred Hawkins advised that the Safety Council held the first safety awards last week. There was a good turnout and a great deal of recognition was given. The City of BOynton Beach received two awards. Chuck Magazine reported that the first award was for our safety communications program that consists of the Safety Newsletter. In conjunction with the ITS Department, a shared data file was developed that is available to all computer users. This file includes numerous documents an!d publications. The 1998 Award of Merit for Workers' Safety was presented in a plaque. The seCOnd plaque was for our work related to the lead abatement project at the pistol range. The City was identified with a special award of recognition for dealing with that situation before we were forced to do something by other agencies. Mr. Magazine thanked our environmental consultant and D & J Industries for their assistance. ]0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 B. Change Order Associated with Lead Abatement Project Wilfred Hawkins, Assistant to the City Manager, advised that one of the things we were concerned about at the Pistol Range is the fact that it is a meeting place, and it is air- conditioned. We needed to look at the affect of the lead on the air conditioning unit and circulation of air. When the original specifications were done, we were unable to determine the extent of the affect on the unit. When the contractor was on site, the system was put under containment to investigate whether or not the system could be cleaned or had to be replaced. The testing has proven that the unit can be cleaned. The change orders that have been added to the agenda will cover the cleaning and testing of that unit. Commissioner Jaskiewicz reconfirmed that a fee schedule will be arranged for outside entities using the range. MOtion COmmissioner Bradley moved to approve Change Order 1 not to exceed $30,232.52. COmmissioner Jaskiewicz seconded the motion that carried 5-0. C. B E Aerospace Mayor Taylor reported that this issue involves property located in a County pocket. An application for rezoning was submitted to change from residential to industrial in order to use a house on the property for storage. The County has included conditions so that B E Aerospace cannot go beyond the square footage of the residence. However, the residents do not believe the company and are concerned about the traffic in the area. During the last County Commission meeting, Vice Mayor Titcomb requested they table the matter to allow time to bring the parties together to develop a solution. When that meeting occurred, the City questioned whether B E Aerospace would be interested in moving to Quantum Park if we provided them with incentives. They advised they have no intention of expanding or moving from their current location. Mayor Taylor recommended that the residents petition Commissioner Lee to try to secure State funding to build a bridge over the finger canal so that traffic can get through from the south. The two roads that go to the residences could be closed off and all the truck traffic could travel up Lake Ida and through the park. C~mmissioner Jaskiewicz questioned whether it would be possible to impose a weight limit on the two bridges. Mayor Taylor felt this could be done, but when B E Aerospace offered to bring in Only vans, the residents were not happy. VI, PUBLIC AUDIENCE: Mark Smith, President, Palm Shores Homeowners' Association, would like to bring their laWsuit with the City to a close. This lawsuit was filed by the residents when the City suggested annexing this land into the City. Although .the City withdrew the annexation effort, the lawsuit proceeded. In 1997, the City Attorney and Palm Shores Homeowners' Association attorney met with a mediator and a settlement was agreed upon. That agreement was finalized in October of ]] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 1997. However, since that time, there have been numerous attempt to achieve closure. Palm Shore Homeowners' Association has met all requirements. Attorney Cherof advised that we are working toward closure. There have been several revisions, title issues and the necessity of Mr. Cascio joining in some other property owners adjacent to this tract. Attorney Cherof is in the process of amending the water service agreement to make it applicable to this neighborhood in the event they want to sign individual service agreements. This is one of the provisions of the settlement agreement. Attorney Cherof anticipates closure of the entire transaction within one or two City Commission meeting. This will come back to the Commission in the form of the final document. This case finally settled under the conditions that the City proposed one and one-half years earlier. Frank Mirata questioned why the City is proposing Charter amendments in the upcoming election. Mayor Taylor advised that these issues were addressed in detail at past workshop meetings and regular meetings. MOhammed Amed, 4774 North Congress Avenue, advised that he received a false alarm fine in the amount of $675. He said he assumed he would not be charged because the problem was rectified and only one Police report was made on a silent alarm. He is experiencing problems with the business and requested that the fine be waived. Mr. Amed reported that there were eight responses in one year because the alarm company did not explain the operation of the alarm. The alarm company has now been changed. In addition, he hires a lot of seasonal employees who do not know how to handle the alarm. In iresponse to Vice Mayor Titcomb, Mr. Amed explained that he now has a plan in place to improve the training of seasonal employees to eliminate this problem. MOtion COmmissioner Tillman moved to waive the fine. THE MOTION DIED FOR LACK OF A SECOND. MOtion vice Mayor Titcomb moved to reduce the fine to $350 with the assurance of the petitioner that hei has improved his training techniques. Commissioner Jaskiewicz seconded the motion. Cbmmissioner Bradley pointed out that if the Commission waives this fine, everyone else will expect the same treatment. Pdlice Chief Gage said the Police Department reviews the fines. If there is the slightest indication that the weather or other outside issue caused the alarm, the supervisor has the abi ity to cancel the fine on the spot. He is not aware of any person coming before the COmmission for a reduction of fine. ]2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 In response to Commissioner Bradley, Mr. Amed advised that the alarms occurred over the course of six months. Commissioner Bradley felt this problem should have been corrected within two months. Mr. Amed said the Police responded only one time. However, Chief Gage advised that a fine is not imposed if the Police do not respond. Chief Gage offered to review the charges to make sure there is no error. ViCe Mayor Titcomb withdrew his motion, and Commissioner Jaskiewicz withdrew her second. MOtion Commissioner Bradley moved to turn this over to the Police Department for review. If they find there is a reason to reduce it, so be it. If not, the fine will stand. Commissioner Tillman seconded the motion that carried 5-0. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 9:20 p.M. VII. PUBLIC HEARING: Project: Agent: Owner: Location: Description: Four Steel Communication Tower Marda Zimring Michael C. Desimone & Paul D. DeGrugillier Approximately 275' south of Ocean Avenue and west of 1-95 Request for conditional use approval to erect a telecommunications tower on a vacant lot 140' Attorney Cherof administered the oath to all who would testify during these proceedings. Marda Z,mr, ng, representinq Omnipoint, confirmed that she was in agreement with all of the staff comments. COmmissioner Jaskiewicz questioned whether approval of this tower would preclude any further de~,elopment on the property. Ms. Zimring responded negatively although she had no knDwledge of what the intentions are for the remainder of the property. This tower was placed in the corner of the parcel so as not to interfere with any other future development. Tambri Heyden, Planning & Zoning Director, advised that the applicant's proposal meets the crileria for a conditional use. It is the first tower under our new Ordinance. It is a stealth tower that will be 140' high. MOtion COmmissioner Tillman moved to approve. Vice Mayor Titcomb seconded the motion that carried 5-0. Viii. BIDS: None MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Items requested by Commissioner Matt Bradley 1. Congress Middle School Partnership with City Commissioner Bradley reported that the long-term plan for the feeder schools is making headway. Poinciana is a world-class elementary school with the best staff in the district. Boynton Beach High School is no longer a dream. A recent forum brought together community leaders and School District staff to cooperatively plan the City's high school. Unfortunately, Congress Middle School is in peril of being left out. The time is critical to advance our partnership as a strategy to bring Congress Middle School to the forefront. Commissioner Bradley requested direction from the Commission to begin the legal process to develop an interlocal agreement that will spell out exactly what the City can expect from the DiStrict. The City's $100,000 will purchase new computers and software. The District will provide: The necessary infrastructure to support proposed and future technology needs; and the commitment to complete math/science/technology implementation by August, 1998. This offer was introduced last year. Returning now with financial support will ensure the middle school's success. There are sufficient dollars remaining in the Poinciana real estate acquisition fund. These funds will not replace District dollars. They will secure higher quality computers in greater numbers than the District can provide. Approximately six years ago, the City Commission put $500,000 to $600,000 in an account that would be used to match the School DiStrict to purchase property to expand Poinciana School. Approximately $400,000 has been uSed, leaving a surplus of approximately $150,000. Commissioner Bradley feels this request fits within the same type of use for those funds. He will be attending the School District meeting tomorrow night and would like to be able to tell the Board that an interlocal agreement is in the works. Mr. Hawkins confirmed for Commissioner Jaskiewicz that during a previous discussion on this sUbject, the Commission was advised that the funds were set aside for future land acquisition in that area. COmmissioner Jaskiewicz is not certain it is within the purview of the Commission to provide funds for a program that is the responsibility of the School District. When the high school is built, the School District will probably want us to furnish a lab. Furthermore, the School District is proposing the expenditure of over $1 million to make the new Modkami School a magnet because no one wants to go to there. The School District is not asking those City residents to participate in that program. Commissioner Jaskiewicz feels we have supported the School ]4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 District through the acquisition of land and with future expansion plans for the school. She objects to the School District assuming we,must commit ourselves to a partnership that binds us~ She is opposed to paying for things that other communities get. As County residents, we probably pay more school taxes than City taxes. Commissioner Jaskiewicz does not feel the taxpayers should be expected to pay for services that we should be receiving from our tax dollars. She feels this is double taxation. COmmissioner Jaskiewicz further stated that she is becoming quite disenchanted with magnet prOgrams because they are not inclusive of the entire student body. Not all of the students have aniopportunity to realize their full potential. She would like every student to have the opportunity to enter any program when they reach a certain developmental level. Commissioner Jaskiewicz feels there should be other sources for raising funds for this program. COmmissioner Tillman feels there will always be friction about money when an effort is made to cross the boundaries between governmental entities. However, sometimes it is more important to ilook at the desired outcome. The major focus in this case should be the continuation of a good program in our community. Although magnet programs may not be the total answer, continuation is a necessary part of the program. Commissioner Tillman will support this request if ~ funding source is available. Mayor Taylor complimented Commissioner Bradley for taking the lead on educational issues. He realized that Commissioner Bradley sees this as seed money to help make Congress Middle Sdhool a magnet. However, school taxes are the money people paid for these items. Mayor Taylor is in favor of working out an interlocal agreement with the School District to get a magnet sc 3ool, but it is the School District's responsibility to do the right thing. Mayor Taylor realizes theft the new high school will need items that the City might have to help fund, and $100,000 is a su~)stantial amount of money to give to only one school. He does not feel the City is in the business of school construction. Although he is in favor of working with the School District, the m()ney is not the way to go. ViCe Mayor Titcomb feels it is important to realize the City is making headway in attaining the education needs of our community. We have an opportunity to invest in our children. He is not comfortable giving a large amount of money to the School Board, but he is comfortable inyesting that money in the children of this community to enhance the educational experience and outcome of the children in the school system. He believes the funds can be moved from POinciana property acquisition fund without violating the intent of using these funds for the I. · Pq~nc~ana/Congress loop. He does not think it is harmful to take a proactive approach in this case. COmmissioner Jaskiewicz would not approve this request until she knows what other cities have to!pay for similar items. When she questioned whether the tax dollars in Delray are going to pay fo~T the magnet at Morikami, Commissioner Bradley advised that the City of Delray Beach contributed more than $300,000 for the field house. Commissioner Jaskiewicz would be willing toi!consider a request for Project GraduatiOn, but does not believe this request falls within the purview of the Commission. DaVid Brownstein is a member of the Education Advisory Board, a PTL president at Poinciana Elementary School and a SAC member at Galaxy Elementary School. He explained that when MOrikami was planned, they did not understand there were not enough students living within the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 SAC to attend that school. The School Board does not provide transportation to magnet schools. The program at Poinciana is very successful. Poinciana was a revitalization project. He is hopeful that every school requests enhancement funds and feels comfortable that they will no~ be rejected out of hand. Making Boynton the best it can be starts with education. Commissioner Jaskiewicz said she supports the neighborhood school concept. At some point, we will have to consider charter schools. However, until then, we have a School Board that is running the system. Mayor Taylor reiterated that he is willing to sit down with the School Board and work with them toget a magnet school here in Boynton Beach, but he is not willing to spend this amount of money for this purpose. MOtion COmmissioner Bradley moved to have staff draw up an interlocal agreement that the City can enter into with the School District. The CitY will contribute $100,000 and the School District will provide, at minimum, the infrastructure required for current and future infrastructure technology needs as well as complete math/science technology implementation by August 1998. Vice Mayor Titcomb seconded the motion. At Vice Mayor Titcomb's request, Commissioner Bradley clarified that the School Board would provide the infrastructure upgrades that are necessary to put the computers and software to work. This includes the electrical infrastructure that will accommodate the current capacitY necessary for the computers we want to put in place, but also for future upgrades in technology. The motion carried 3-2. (Mayor Taylor and Commissioner Jaskiewicz dissented.) In response to Commissioner Jaskiewicz, City Manager Willis advised that the funding source is in the 1995/96 budget. Commissioner Bradley explained that if there are needs for Poinciana in the future, they could be supplemented by the Entitlement funds. At Mayor Taylor's request, City Manager Willis will investigate to determine whether or not it is legally possible to move those funds. 2. CRA Loan Program Vice Mayor Titcomb advised that some large and old businesses, as well as other potential businesses, have expressed concern that they will experience hardship from the progress as we go into construction in the Central Business District. Through the CRA in Delray Beach, "no" and "low" interest loan programs and/Or improvement grants were made available to businesses. Vice Mayor Titcomb suggested exploring the possibility of implementing a CRA loan program that would provide short-term bridge loans. This concept would require strong parameters that would protect against misuse of the funds or giving money to people who do not stand a good chance of surviving. ]6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Commissioner Tillman suggested that as we continue to move forward with our next CRA workshop that staff would bring back a packet of information that would tell the Commissioners where we are and what can be done in terms of money we have. He would also like to see a plan that can be followed with respect to using the money in the most viable way. Wilfred Hawkins, Assistant to the City Manager, advised that the City had a loan program in place that no one applied for. This was a fa(;ade improvements loan program. However, when the Commission changed the rules to make it a matching grant, we started receiving applications. Staff is very familiar with the small business loan program in place in Delray Beach, and it is something we can do in our community. Because we are in the planning stages, we need to be careful how we utilize current available funds. Mr. Hawkins feels we can make the small business loan program a revolving-type program. Banks are willing to work with us to do loan leveraging. Vice Mayor Titcomb requested that the Commission be provided with information on what tools are available in this regard. Commissioner Bradley feels this is a good idea that should be investigated. Mayor Taylor feels this is an issue that should be brought up at the CRA meetings. In the meantime, staff will have an opportunity to gather information. ViCe Mayor Titcomb said it is a common problem in advertising to profess that something has been advertised fully but no one knows about it. In order to reach out for solutions, we need to reach out in other ways to bring in the people. Mr. Hawkins advised that the City is currently working with business people (Boynton Beach Boulevard Association) to get their businesse.~ up and running. With that type of communication link, he feels we will be able to do a mucl' better job of informing the community of our plans. XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-09 Re: Deleting Article VI. Newsrac~ Regulations, in its entirety, reserving Sections 15-80 through 15-88 creating a new Article VI. Newsrack Regulations At the City Attorney's request, this item was tabled to the next meeting. B. Ordinances- 1st Reading Proposed Ordinance No. O98-10 Re: Authorizing certain actions incentives to economic development and the creation of jobs within the City Attorney Cherof read Proposed Ordinance No. O98-10 by title only. Motion 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Commissioner Tillman moved to approve. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-11 Re: Amending Chapter 1, Article II of the LDRs to add definitions for terms pertaining to floating homes and moorage, amending Chapter 20 of the LDRs and creating Article X, "Floating Homes" and Article XI "Mooring Structures" Attorney Cherof read Proposed Ordinance No. O98-11 by title only. Motion Commissioner Jaskiewicz moved to approve. Commissioner Tillman seconded the motion. Vice Mayor Titcomb hopes this Ordinance will not preclude the activities in the marina by restricting visitors on vessels. Commissioner Bradley feels this Ordinance overreaches and requires fine tuning. Attorney Cherof recommended that the majority of Article 11 be removed. This Article talks about mooring structures, and it can be addressed at a later date. Mayor Taylor wants to ensure that this Ordinance will not hurt the City. Commissioner Jaskiewicz pointed out that many of the people living in a particular neighborhood had a problem with the mooring of big boats. Commissioner Bradley was of the opinion that this issue was addressed in the Ordinance. However, ~ on Page 10 referred to properties zoned for multiple residential use. He suggested eliminating ~4. In addition, Commissioner Bradley is not opposed to people renting dock space as long as no one is living on the boat. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. Consider Code Compliance Board request for lien reduction to $826.18 for Alberta K. & Octavia C. Bell - 1213 NW 4th Street - Case # 96-5692 (TABLED FROM 2/3 CITY COMMISSION MEETING) 2. Consider Code Compliance Board request for lien reduction to $826.18 for Alberta K. & Octavia C. Bell - 1213 NW 4th Street - Case #96-4218 (TABLED FROM 2/3 CITY COMMISSION MEETING) Items D.1 and D.2 were discussed earlier in the meeting. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Xll. UNFINISHED BUSINESS: Update on Community Development Corporation (CDC) Office requested by Mayor Taylor Mayor Taylor advised that some data was received at the County level with respect to the CDC. The CDC rearranged funding and shifted quite a bit of the money from maintenance into salaries. Some of the salaries increased by over 50%. The data indicated that the project would be completed and operational in March. The City Commission requested that staff investigate this situation because it does not appear that this office will open in March. Mayor Taylor received a telephone call from Art Matthews to advise that work is being done on the inside of the structure. When asked if the office would be ready for operation in March, Mr. Matthews responded negatively and could not offer a date when the operations would begin. Mr. Matthews indicated that he cannot get an electrical permit from the City without expending an additional $4,000 that he does not have. The CDC can no longer get money from the County because Boynton Beach is an entitlement city. MaYOr Taylor questioned whether the City has the ability to take the property back. City Manager Willis and Wilfred Hawkins walked through the strbcture. There are workers on site who have accomplished quite a bit on the interior of the building. City Manager Willis requested'that this item be tabled until the next meeting to allow staff an opportunity to contact Mr. Matthews so that he can provide a report at that time. In addition, information on the reverter clause will be provided at the next meeting. Commissioner Tillman expressed concern about the operation of the CDC. When the representatives last appeared before the Commission, they did not provide any bottom-line figures. Although they are working on the interior, if we have other agencies coming on line that can do infill housing, this place will be obsolete. Commissioner Bradley requested that the Commission be provided with parameters that spell out how CDCs are formed. Commissioner Jaskiewicz feels the City has been taken over the hurdles on this property because we have made a lot of concessions. Furthermore, we have exceeded what the property is worth with regard to expenses..It would have been more beneficial to bulldoze that structure and build another home. Mr. Hawkins said the City's obligation to a CDC is zero. We must make known what our plans and programs are with respect to spending entitlement dollars. The City Commission did just that at its workshop meeting to discuss the one-year plan. The CDC would have to apply for S.H.I.P. dollars. This is a competitive process and there are others that can do the job the CDC does. They do not have to be housed in Boynton Beach. We have no real obligation other than to make our plans known. B. Chapel Hill Entryway Sign Vice Mayor Titcomb advised that the Chapel Hill wall project began 14 months ago. Staff did an excellent job in bringing this project together. Building permits have been secured, a volunteer contractor is in place and funding is available to pay for the wall. One obstacle involves the two MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 Meleleuca trees that need to be removed. Vice Mayor Titcomb requested direction from the Commission to allow the City to obtain the replacement trees that will be necessary to allow this project to go forward. The community has agreed to contribute toward the expense of the trees. However, they do not have the equipment or connections to obtain the trees. Our Forester has determined that the existing trees cannot be root pruned because they would be susceptible to blowing over. The concept of borrowing trees from the City's nursery was pursued. However, those trees are undersized and may not be the correct trees for the project. There is a need for the City to finish the project and any costs associated with the purchase of replacement trees would be collected from the residents. Mr. Wildner confirmed that there are no trees available in the City's nursery to replace the existing trees. COmmissioner Bradley feels the work or money the neighborhood association is putting forward would qualify for the matching grant program. Mayor Taylor inquired as to the need to replace the trees since the roots of the existing trees might have been responsible for the damage to the wall. ViCe Mayor Titcomb explained that the trees that were in place set a look and feel to the entryway. MOtion COmmissioner Bradley moved that staff work with the association in procuring the appropriate trees and to complete this program utilizing.the matching grant program. Commissioner Tillman seconded the motion. City Manager Willis advised that this community does not wish to form a neighborhood association. COmmissioner Jaskiewicz suggested that rather than a motion, the City Forester should visit the site to determine whether or not trees are appropriate. He may consider the trees to be impediments to maintaining the wall. ViCe Mayor Titcomb requested that a deciSion be made that is agreeable to all rather than to d~lay this project any further. The motion carried 4-1. (Commissioner Jaskiewicz dissented.) xill. OTHER: None XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:18 p.m. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 17, 1998 ATTEST: ( ,,Dleputy City Clerk "-'~Three 90-minuteTapes) CITY OF BOYNTON BEACH Commissioner 21 15 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Four Steel Telecommunication Tower APPLICANT'S AGENT: Michael C. Desimone and Paul D. DeGrugillier APPLICANT'S ADDRESS: Marda Zimring DATEE OF HEARING BEFORE CITY COMMISSION: February 17, 1998 / TYPE OF RELIEF SOUGHT: Conditional Use Application LOC,~,TION OF PROPERTY: Ocean Avenue adjacent to the west side of 1-95 right of way 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 findir~gs 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 ~nd 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 J:\SH RDATA\Planning\SHARED\WP~PROJ ECTS\FOUR (,' City Clerk STEEL\COUS-2\DEVELOPMENT ORDER 2-17-98.doc EXHIBIT "D" Conditions of Approval ProjeCt name: Four Steel Telecommunication Tower File nUmber: COUS 97-005 Reference: The plans consist of 3 sheets identified as 2nd Review, Conditional Use. File #COUS 97-005 with a December 22. 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Cdmments: None X FIRE Cclmments: None X PO] rICE C4mments: None X ENGINEERING DIVISION Comments: 1. i A statement by the professional engineer certifying the tower's X compliance with all applicable standards and codes is required including , identifying the nUmber and type of antennas the tower can accommodate. [LDR Chapter 10, Section 3.(3)(b)] 2. Prior to issuance of a building permit, the applicant shall provide X evidence that the communication antennas are in compliance with Federal Aviation Administration (FAA) regulations. The tower shall incorporate the least intensive nighttime method of illumination acceptable to the FAA. [LDR Chapter 10, Section 3.(3)(d)] 3. I Approval required from other governmental agencies. [LDR Chapter 10, X I Section 3.(3)(e)] 4. "No Trespassing" signs shall be posted as required in LDR Chapter 10, X Section 3.(3)(h). 5. Submit a statement that the construction and placement of the tower will X not unnecessarily interfere with public safety, communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and non-residential properties. [LDR Chapter 10, Section 3.(3)(m)] 6. Provide statement on plans that if an on-site generator is to be provided, X it shall use propane fuel. [LDR Chapter 10, Section 3.(3) (o)] Page 2 Four Steel Telecommunication Tower cous 97-005 7. Obtain FPL approval for construction within their easement prior to X permit issuance. BU~LD1NG DIVISION Co~nments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST comments: 8. Any on-site native scrub vegetation must remain after site clearing X , pursuant to Chapter 7.5 Environmental Regulation, Art. I. Tree i Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5, Section 6 and i Chapter 7.5 Art. II. Landscape Code. PLANNING AND ZONING Comments: 9. i Provide landscaping of the vehicular use area per LDR, Chapter 7.5, Art. X ~ II, Section 5.E. 10. i Provide a xeriscape management plan to ensure that xeriscaping will X ' survive without permanent irrigation. 11. Indicate on plan the means by which landscaped areas will be protected X from vehicular encroachment. Landscape Code - Chapter 7.5. 12. The landscaped buffer shall be planted along all four sides of the leased X parcel (rather than just around the lesser area immediately surrounding ~ the pole and equipment), with the exception of where the monopole does not allow adequate room for landscaping. Add a note to the plan indicating "absence of landscaping pursuant to variance granted (Case No. 247 - ZNCV 97-013)". 13. Indicate on the plan the required and proposed setbacks including those X granted by variance and include reference to Case No. 244 - ZNCV 97- 010, 14.The tower must be redesigned to comply with the definition of a "stealth X i facility", as stated in the Land Development Regulations, Chapter 10 - . Telecommunication Towers and Antennas. 15.! Remove the note on the plan the words "if required" as placed on the X :i parking space. Page 3 Four ~teel Telecommunication Tower COUI 97-005 16. The tower detail on the site plan and elevation F-1 on sheet 5-2 shall be X revised to reflect the same of the tower to the top of the monopole and the top and location of the antenna devices. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1 17. I None. X I ADDITIONAL CITY COMMISSION CONDITIONS I18.1 ~. A~,V~~'' TJH:dim S:~PLANNING\SHARED\WP~PROJECTS\FOUR STEEL\COUS-2\COND. OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center II - Operations Centers "A", "B" and "C" APPLICANT'S AGENT: Menorah Realty, Ltd., c/o Colliers Lehrer International, Inc. APPLICANT'S ADDRESS: 4850 West Prospect Road, Ft. Lauderdale, Florida 33309 DATE OF RATIFICATION BEFORE CITY COMMISSION: February 17, 1998 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: Corporate Drive DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of heating 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\BCOMMCTR\DEVELOPMENT ORDER MPMD.doc EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center II - Operations Centers "A", "B" and "C" File number NWSP 97-021 Reference: The plans consist of 13 sheets identified as 2nd Review, New Site Plan. File #NWSP 97-021 with a January 5, 1998 Planning and Zoning Department date stamp. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All utilities easements shall be shown on the rectified landscaping X drawings and site plan so that the Utilities Department 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. Department of HRS permits will be required for the water and sewer X systems serving this project. (Sec. 26-12). 3. Comprehensive Plan, Policy 3C.3.4 requires the conservation of potable X water. City water may, therefore, not be used for irrigation where other sources are readily available. 4. The plan indicates proposed parking and landscaping along the east side X of the property within the existing 25 foot utilities easement, and also over two existing water supply wells. The proposed parking cannot be built over the supply wells, and must be reduced in scope in order to allow the Utilities Department continued access to the wells for operation and maintenance purposes. Provide a 100 linear foot clear space within the easement, to the north and south of each well, for effective operation and maintenance of the facilities. This is absolutely necessary in order to protect the city's right to use that land within the easement for utilities purposes. Safe access from paved areas to the easement must also be provided. 5. Approval from Palm Beach County Environmental Resources X Management must be obtained for the proposed construction within wellfield zones, under the county's Wellfield Protection Act. This approval must be furnished to the city prior to approval of sewer and drainage plans. Page 2 Boynton Commerce Center II - Operations Centers "A", "B" and "C" File No. NWSP 97-021 DEPARTMENTS INCLUDE REJECT 6. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. Note that fire sprinkler systems with a booster pump will require installation of a reduced pressure zone device, as specified in the city's code. 7. The waste stream from the manufacturing process must meet the city's X pretreatment requirements. A sampling point must be provided to allow monitoring of this waste stream. (Sec. 26-143, 26-147). 8. Water mains shall be looped wherever possible, in compliance with X Health Department Design Standards. This item will be addressed during review of the Health Department permit set of plans. FIRE Comments: 9. Locations of Fire Department connections for sprinkler system hook-ups X must be shown. The Fire Department is unable to determine if adequate access to connections is assured. POLICE Comments: 10. Handicap parking areas shall be striped and signed to current code. X 11. Add pavement markings and traffic control on plans. X 12. Draw on the plans the line of sight triangles for the exits onto Corporate X Drive to insure that landscaping poses no safety problem. ENGINEERING DIVISION Comments: 13. 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, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other permitting agency should be included with your permit request. 14. Based on the required parking spaces, show the total required number of X handicap spaces for each building per the Florida Accessibility Code [1997 Edition, page 16]. Page 3 Boynton Commerce Center II - Operations Centers "A", "B" and "C" File No. NWSP 97-021 DEPARTMENTS INCLUDE REJECT 15. Provide a copy of SFWMD Permit 50-01091- S. X 16. If the existing east/west 65 foot ingress/egress utility easement is in X conflict with the new construction, obtain the necessary abandonment. Application is available in the Planning and Zoning office. 17. The "Master Site Plan" shall show all proposed traffic control markings X and signage and all proposed site lighting. [Chapter 4, Section 7.B.2. and 4.] 18. Paving and drainage plan needs to be modified to agree with the master X site plan drawing (building letters do not match and parking spaces and handicap locations do not match). [LDR, Chapter 6, Article IV, Section 5.] 19. Add note to plans that damaged concrete sidewalk is to be replaced along X Corporate Drive within property limits. [LDR, Chapter 22, Article I, Section 5.] 20. On Building "A" orient handicap pavement symbol so the head is toward X the wheel stop per Standard Drawing B-90012. 21. Show dumpsters on plan to comply with code [LDR Chapter 9, Section X 10.c.] 22. Show the "existing building" shown on the "master site plan" at the very X south end of the development on the subject site plan. [LDR Chapter 4, Section 7.B.1.] 23. Seed and mulch all disturbed areas where building construction is to be X delayed more than 30 days after site preparation. [LDR Chapter 8, Article IV.El 24. On the site plan, include the lake area within the "limits of Phase I" due X to construction shown on drainage plans. 25. Provide an engineer's written certification that the drainage will conform X with all rules, regulations and codes of the City of Boynton Beach, including Chapter 6, Article IV, Section 3. And Chapter 4, Section 7.F.2. 26. Remove the two parking spaces at the SE comer of Building "F" next to X the "traffic circle" to prevent backing out into traffic. [Chapter 23, Article I.I.2.] 27. Add a pedestrian crossing at Corporate Drive from west lot to access X aisle between Buildings B & D. Page 4 Boynton Commerce Center II - Operations Centers "A", "B" and "C" File No. NWSP 97-021 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 28. Add to the tabular summary found on sheet A-1 computations that would X determine the minimum number of required accessible parking spaces including identifying the number provided at the site. The total number of accessible parking spaces provided at the site shall comply with the accessibility code. To property evaluate whether the number of accessible parking spaces provided on the plan is in compliance with the code add to the survey the parking space layout of the existing parking that is being redesigned as part of this submittal. This parking layout shall include delineating the location of the existing regular and handicap spaces. Incorporate into the accessible parking data the number of existing accessible parking spaces that are located within the already constructed parking area prior to and after the proposed improvements. [Florida Accessibility Code for Building Construction, Section 4.1.2(5)(a), Parking Spaces] 29. To properly identify the site plan remove the word master from the title X of sheet A- 1. 30. Add to the proposed Site Plan and Floor Plan drawings a note and/or X symbol that specifically identifies the location of the accessible route that is required from the abutting street to the accessible entrance of the building and each tenant space. Also, identify the type of material proposed for the route including specifying the slope and surface f'mish. Where the slope requires an accessible ramp show and identify the location of the ramp including specifying the type of material, surface finish, width, length, slope and, where required, the appropriate handrails. The width, slope and surface material of the accessible route shall comply with the regulations specified in the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 31. Add to the proposed Paving Drainage & Water Management Plan and X Landscape Plan a note and/or symbol that specifically identifies the location of the accessible route that is required from the abutting street to the accessible entrance of the building and each tenant space. This route shall match the route shown on the site plan {Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] PARKS AND RECREATION Comments: None X Page 5 Boynton Commerce Center II - Operations Centers "A", "B" and "C" File No. NWSP 97-021 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 32. Provide a clause on the survey stating that the property was abstracted X for rights-of-way and easements, as required by LDR, Chapter 4 Section 7.A. 33. Land Development Regulations, Chapter 4, Section 7.B.2 requires that X size, design and color of proposed site and wall signage consistent with Chapter 9 - Community Design Plan, Section 10. I. And Chapter 21 - Sign Code, Article IV, Section 7 be provided at the time of site plan submittal. Since this information is missing it will be required to be reviewed by the Planning and Development Board and Commission prior to sign permits being issued. Place a note on plans to this effect. 34. Site lighting shall be shown on both the site plan and landscaping plan as X required by LDR Chapter 4, section 7.B.2, to eliminate potential conflicts with landscape material and existing or proposed on site easements. 35. Show all property lines on the site plan and label them in accordance X with the approved master plan and plat. The site plan shall encompass all combined parcels and the site data table shall be revised to reflect all data pertaining to the combined area (include existing parking provided and required). 36. Square footage for each building was reviewed under the assumption X that it is as follows: · Building A1 - 39,059 · Building A2 - 19,703 · Building B -- 32,297 · Building C -- 43,200 Note these numbers on the site plan. 37. Clarify whether the land will be further re-subdivided or parcels X reconfigured. Any future land re-subdivision will require platting. 38. Before any permits will be issued, the submitted traffic study has to be X evaluated by the Palm Beach County Traffic Division for conformance with the county's adopted traffic performance standards. Page 6 Boynton Commerce Center II - Operations Centers "A", "B" and "C" File No. NWSP 97-021 DEPARTMENTS INCLUDE REJECT 39. Provide a unity of title for review by the city showing parcels 3A, 3B and X 3C, combined with the parcels on which the four existing buildings are built. 40. Future site plan review will be required for the two future proposed X buildings and gatehouse. 41. Add to elevations all building materials and paint color and number for X each building feature. 42. Add a note to the plans that environmental review will be required prior to issuing an occupational license for any tenant using, storing or handling hazardous materials or for those uses specified on the PID list of approved uses. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 43. Seed and mulch all disturbed areas where building construction is to be X delayed more than 30 days after site preparation. [LDR Chapter 8, Article IV.E] Use a type of mulch other than cypress for all mulched areas on site. 44. Change comment number 37 to read "Square footage for each building X was reviewed under the assumption that it is as follows: · Building A - 24,481 · Building B - 43,225 · Building C - 32,297 · Building D - 43,239 Note these numbers on the site plan." 44. Change comment number 39 to read "Provide a unity of title for review X by the city showing parcels 3A, 3B and 3C, combined with the parcels on which the three existing buildings are built." ADDITIONAL CITY COMMISSION CONDITIONS 44. J:\SHRDATA\PLANNING~SHARED\WP\PROJECTS~BCOMMCTR~MPMD~COND. OF APPROVAL-NWSP.DOC .DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE --~-- ~J CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center II - Operations Centers "A", "B" and "C" APPEICANT'S AGENT: Menorah Realty, Ltd., c/o Colliers Lehrer International, Inc. APPEICANT'S ADDRESS: 4850 West Prospect Road, Ft. Lauderdale, Florida 33309 OF RATIFICATION BEFORE CITY COMMISSION: February 17, 1998 OF RELIEF SOUGHT: New Site Plan kTION OF PROPERTY: Corporate Drive ~/ING(S): SEE EXHIBIT "B" A'I-rACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida ~ring on the Consent Agenda on the date above. The City Commission hereby adopts the gs and recommendation of the Planning and Development Board, which Board found as follows: THIS MATTER came on to be heard before the City Commission of the City of Boynton h, Florida on the date of hearing stated above. The City Commission having considered the sought by the applicant and heard testimony from the applicant, members of city administrative and the public finds as follows: DATE TYPE LOC/ DRA~ X appe findir OR Bea¢ relief staff 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 DA ED: .==~//~' ?'_~ ~": A~ · ~ / City Clerk '-~ _. ~' ~' J:~SHRDATA~Planning~SHARED~WP~ROJECTS~COMMCTR~DEVELOPMENT ORDER ~SP.doc ~. p~ ~,~ ~ 7/111111111~' EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center II File nUmber: MPMD 97-005 Reference: The plans consist of 5 sheets identified as 2nd Submittal, Master Plan Modification. File # MPMD 97-00i5 with a December 26 1997 Planning and Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Co~aments: 1. i Chapter 3, Article IV, Section 3 (P) of the Land Development X I Regulations requires a statement be included that utilities are available and will be provided by appropriate agencies. This statement is lacking , on the submitted plans. FIRE C~mments: None X POiClCE C°mments: 2. Note on the plans the proposed increase, if any, in hourly and daily trips X I at the intersection of Woolbright Road and Corporate Drive. EN~ 3INEERING DIVISION Comments: 3. Paving & Drainage plan needs to be modified to agree with master site X , plan drawing (building letters do not match). [LDR Chapter 6, Article ! IV, Section 5] 4. Provide association approval for installation of guardhouse/gatehouse X and provide horizontal control dimensions for proposed guardhouse/ I gatehouse and island including dimensions of roadway, curbing and ' building size. [LDR, Chapter 6, Article IV, Section 10.C.] As an alternative, delete this item from the plans. 5. Master site plan shows accessible route on west side of Corporate Drive X and landscape plan shows sidewalk on east side of Corporate Drive. Currently sidewalk exists on east side in field. Correct on master site plan. 6. Add comments under the "New Development Data" on master site plan. X Page 2 Boynton Commerce Center II File No. MPMD 97-005 DEPARTMENTS INCLUDE REJECT : Add square footage and spaces required for "Operations Center E" and i correct "Total Development Data" including required parking versus I I actual parking available. Also, revise Simmons & White "Traffic , Equivalency Statement, 12/22/97". 7. Show on the "New Development Data" the number of required handicap X l I spaces needed for each of the Operation Centers (A thru F) as specified [ in the Florida Accessibility Code for Building Construction. BU] LDING DIVISION Co~ nments: 8. Amend the proposed Master Plan to show the accessible route on the X eastside of corporate Drive. Extend the accessible route to the accessible entrances to all the tenants proposed for buildings A, B, C, D, E and F. Also, identify the width of the route. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route.] PAl',KS AND RECREATION Cc mments: None X FO] [ESTER/ENVIRONMENTALIST Cc mments: None X PL~ uNNING AND ZONING Co nments: 9. Combine parcels 3A, 3B and 3C with the parcels on which the three X existing buildings are located. 10. Provide three copies of the rectified master plan prior to applying for X permits. AD DITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. None. X AD DITIONAL CITY COMMISSION CONDITIONS 12 ....... ' .. At/~a/'~'- \\CI-1WiA NLSHRDATAX,PLANNING\SHARED\WPkPROJECTS~BCOMMCTRXMPMD\COND. OF APPROVAL-MPMD.DOC