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Minutes 02-17-04 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 17, 2004 AT 6:30 P.M. Present .]erry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Undsey Payne, Assistant City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor .lerry Taylor B. Invocation - Rev. Martin Zlatic, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Zlatic and Emily Malanowski, a student at St. Joseph's School, offered the invocation followed by the Pledge of Allegiance to the Flag led by Vice Mayor Ferguson. D. Agenda Approval: ~.. Additions, Deletions, Corrections None 2. Adoption Hoti~n Commissioner McCray moved to approve the agenda. Motion was seconded by Vice Mayor Ferguson and carried unanimously. II, OTHER: A. Informational Items by Members of the City Commission Mayor Taylor congratulated City Manager Bressner who received national accreditation from the City Managers' organization. He also mentioned that Assistant City Manager Sugerman received the same honor six months ago. Mayor Taylor announced that he attended the dedication of Florida's Eighth Underwater Archaeological Preserve last week. The Lofthus, a Swedish ship, sunk off the coast of Florida near the Boynton Inlet. This preserve has been placed on the National Historic Register. The City of Boynton Beach was presented with a Certificate of Recognition in appreciation of invaluable service and outstanding contributions to historic preservation. A copy of the Certificate is on file in the Office of the City Clerk. Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida February 17, 2004 Mayor Taylor read a letter he had received from 3.K. Construction, who renovated a building on N. Federal Highway for Clear Copy. The contractor complimented staff from the Building Division, Engineering Division, Planning & Zoning Division, the Fire Department and Waste Management. They were professional, helpful, courteous and friendly. Mayor Taylor spoke regarding an incident that happened on February 14t~. The Police are continuing their investigation and are beefing up patrols in the area. The press alluded to antagonism between the African American and Haitian communities as a possible cause. Mayor Taylor said that nothing could be further from the truth. Commissioner McCray was glad that the Police Department has started to increase their presence in District IT. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. March 2, 200~, City Commission Meeting Cancelled Wayne Segal, Director of Media and Public Affairs, reminded everyone that the City Commission meeting of March 2nd was cancelled. 2. April 6, 2004 City Commission Meeting changed to April 7, 200~, Mr. Segal announced that the April 6t~ City Commission meeting was changed to April 7t~. B. Community and Special Events: 1. HeritageFest - February 3 - February 29, 200'~ Wayne Segal, Director of Media and Public Affairs, spoke regarding HeritageFest. He announced that there would be a youth basketball tournament this weekend and an Old School dance party later in the month. There will also be a Caribbean celebration. He reported that the next Oceanfront Concert would be held on March 19t~ at 7:00 p.m. at Oceanfront Park. Mr. Segal also announced that Vice Mayor Ferguson would be hosting a Mediaeval Festival in District III on March 20th and 21~. The Visionaire Spring Artistry, a new event, will take place on March 20th and 21st at the Children's Museum. C. Presentations: 1. Proclamations: None 2 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 2. Presentation by Mark Fagan, Public Information Officer for the Florida Department of Agriculture, regarding the citrus canker eradication program Mark Fagan, Public Znformation Officer for the Florida Department of Agriculture, gave a status report on citrus canker in the City of Boynton Beach. He explained that there were more than 70 properties within the City limits with citrus canker infected trees on them. The Florida Department of Agriculture has received extraordinary cooperation from the citizens. Mr. Fagan spoke regarding the incident of the gas line that was reported in the press. He explained that they did not know that there was a gas line there because the company that was supposed to flag the gas line failed to do so, although they did receive clearance. Tn the future, there would be visual inspections of properties in addition to using the utility clearance company. Sprinkler line damage is a common occurrence in the tree stump grinding process. They have damage crews to repair those immediately. They are in the process of establishing a quarantine for citrus trees in Boynton Beach. The boundaries are being drawn up now. Once a quarantine is established, the only way to get it lifted is to conduct two years of inspections of the affected properties and the adjacent properties. The quarantine can be lifted after two years with no new infected trees found. Mr. Fagan reported that quarantines have been lifted from at least six areas around the State, including residential quarantines. The first quarantine ever lifted as a result of cutting at 1,900 feet was in a residential area in Hillsborough County. This was the first successful eradication at 1,900 feet. ]:t proves that with cutting at 1,900 feet, citrus canker can be removed from Boynton Beach and can be prevented from returning. Mr. Fagan said that there is multi-lingual public relations staff in the neighborhoods to answer questions from concerned residents. Tn addition, there is staff at popular retail locations throughout the City. They have addressed many civic and fraternal organizations about citrus canker. Homeowners who have lost trees to citrus canker would be compensated through the legislature. They receive a $100 voucher that can be redeemed at a Wal-Mart Garden Center. There is another program that was established by the legislature for people who lose more than one tree. This program gives the homeowner $55 for every tree lost after the first tree. Mayor Taylor inquired whether the $100 voucher from Wal-Mart could only be used to purchase another tree or could it be used to purchase shrubbery. Mr. Fagan said that they could purchase shrubbery or plants. Commissioner McCray asked whether residents could plant more citrus trees during the quarantine. Mr. Fagan said that they could not. 3 Meeting Minutes Regular City Commission MeeUng Bovnton BeP~;h, Fl~ridp February 17, 2004 Mayor Taylor asked how long it would take to complete the program in the entire City. Mr. Fagan felt that it would be at least another four weeks. Mayor Taylor thanked Mr. Fagan for his input tonight. V, PUBLZC AUDTENCE: ZNDZVZDUAL SPEAKERS WZLL BE LTMI'rED TO 3-MZNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss gave an "A' to the Golf Course and the Public Works, Fire and Police Departments. Mr. Suss commented on an ordinance that was scheduled for first reading tonight. He felt that the advisory boards should vote for their own chairmen. Brian Edwards, 629 NE gt~ Avenue, reported that Planned Approach to Community Health (PATCH) was entering its ~,0t~ month of existence. They have been working hard to develop a foundation for a community wellness center. He was proud to report that they are doing a wellness center every Saturday at St. John's Missionary Baptist Church CDC. They are looking forward to working closer with the City and Bethesda Memorial Hospital to fulfill the vision of having a wellness center. He was proud to be a member of the Children's Museum. He invited all members to the Family Day Event on Sunday from noon until 5:00 p.m. The Children's Museum is planning their first major fundraiser, which will be a golf tournament in May. They are seeking sponsors for this event. V. ADMZNTSTRAT~VE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date IV McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (3) Mayor Taylor Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to ~,/04 Tabled (3) I Ensler Advisory Bd on Children & Youth Stu/Voting i yr term to 4/04 Mayor Taylor Education Advisory Board Stu i yr term to 4/03 Tabled (3) I Ensler Education Advisory Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 ! Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) All appointments were tabled. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, FI0ridp February 17, 2004 VZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of 3anuary 30, 2004 2. Regular City Commission Meeting of February 3, 2004 Motion Commissioner McCray made a motion to approve items A.1 and A.2. Commissioner McKoy seconded the motion that carried unanimously. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008-1410-04/CJD to BANK OF AMERICA with an estimated annual expenditure of $24,588 (Proposed Resolution No. 04-017) ('TABLED o/v 02/03/04) Commissioner McCray requested that item B.1 be pulled from the Consent Agenda. 2. Award the bid for "LEASING OF 5 NEW AND UNUSED VEHICLES,' Bid #023-2110-04/C]D to ACNE AUTO LEAS]:NG, LLC of North Haven, Connecticut, for an expenditure of $30,684 (for Police Department) 3. Approve a "piggy-back" of the C1TY OF PALM BAY, BID #23-0-2002/GG to AC~UIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. for WELL REHABILITATION SERVICES with an estimated annual expenditure of $300,000 C. Resolutions: 1. Propo~:,d Resolution No, RO4-O21 Re: Funding for an additional $50,000 to be utilized in conjunction with $130,000 appropriated in the 2003/2004 budget and $100,000 from the South Florida Water Management District Alternate Supply Program Matching Grant, Phase IT Reuse Expansion 2, Proposed Resolution No, R04-022 Re: Approving Task Order #U04-15-1 with Utilities General Engineering Consultants Metcalf 8, Eddy, Inc. in an amount not to exceed $53,848 for engineering services for the preparation of the UUlities Department Emergency Response Plan (ERP) Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 to comply with requirements of the United States Environmental Protection Agency (EPA) 3. Proposed Resolution No, R04-023 Re: Contractual agreement with St. John's rvlissionary Baptist Church and the Boynton Terrace Neighborhood Association under the City's Neighborhood Assistance Program (NAP) for the ongoing maintenance of landscaping and irrigation improvements of North Seacrest Boulevard in the areas identified in an approved NAP project - project cost of $10,760 Commissioner rvlcCray requested that item C.3 be pulled from the Consent Agenda. 4. Proposed Resolution No. R04-024 Re: Approving Task Order No. U04-14-01 for $332,360 to Mathews Consulting, l~nc. (tC]:) to provide professional engineering services for the NW 17t~ Avenue Stormwater and Water Hain l~mprovement Project 5. Proposed Resolution No, R04-025 Re: Approving Task Order #U04-5-03 with CH2M Hill for Design Modifications, Bid Phase Services, Construction rvlanagement, and Services during Construction and an Evaluation Report for the Master Lift Station #309 Basin Sanitary Sewer Rehabilitation in the amount of $143,328 6. Proposed Resolution No, RO4-026 Re: Rescinding Resolution No. R03-196 (contract with Kimley-Horn and Associates, ]:nc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area at a base cost of $56,000 with optional elements amounting to an additional $48,000) and approving Task Order for same services (all costs are to be paid by the City of Boynton Beach Community Redevelopment Agency) 7. Proposed Resolution No. R04-027 Re: Donation agreement between the City of Boynton Beach and the American Legion Club of Boynton Beach to place a 24" x 28" monument and dedication plaque to the Submarine Veterans of World War TT at Tntracoastal Park D. Ratification of Planning & Development Board Action: 1. Venetian Villas (NWSP O3-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district ('RETAB£ED BY' ¢Ol~fl¥.r$$_rOIV ON 02/03/0~) Commissioner Ensler requested that item D.1 be pulled from the Consent Agenda. 6 Meeting Minutes Regular City Commission Meeting Bovnton Beach~ Fl~rkip February :17, 2004 E. Ratification of CRA Action: 1. Woolbright Grill (ZNCV 03-028), 700 Woolbright Road (South side of Woolbright Road at the Intracoastal Waterway) - Request relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of 20 feet, to allow for a variance of 20 feet, and a rear yard setback of 0 feet for a restaurant in a C-3 zoning district Commissioner Ensler requested that item E.1 be pulled from the Consent Agenda. F. Approve a donation of $~l,000 to the Boy Scouts of America from the forfeiture fund Commissioner McCray requested that item F be pulled from the Consent Agenda. G. Pilot Project to install Iow volume irrigation at NW 17m Avenue median H. Release of cash bonds totaling $16,000 to D.R. Horton for the project known as Parkside Village at (~uantum Park (Block 3, Lot numbers 11-1a, and Block 4, Lot numbers 31-36) I. Accept the written report to Commission of purchases over $10,000 for the month of .lanuary 200~, for informational purposes 3. Approve Permit No. 0z[-0493 for the dredging and removal of approximately 2760 CY of material from the manmade marine basin (finger canal) at Marina Village and approve acceptance of a cash surety in the amount of $2,750 for restoration of roadways in conjunction with removal of dredge materials K. Release cash bond of $6,820 to Motor City Car Wash, Inc. for the project known as Motor City Car Wash L. Allocation of $795 of Community Investment funds by Mayor Taylor for the Greater Boynton Beach Sister Cities Committee's Young Artists' Competition Motion Commissioner McKoy moved to approve the Consent Agenda as amended. Commission McCray seconded the motion that carried unanimously. B.1. Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008-1410-04/C3D to BANK OF AMERICA with an estimated annual expenditure of $24,588 (Proposed Resolution No. 04-O17) (TABLED ON 02/05/0~) MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 Motion Commissioner McCray made a motion to remove item B.1 from the table. The motion was seconded by Vice Mayor Ferguson and carried unanimously. Vice Mayor Ferguson explained that there were six financial institutions that bid on this contract. The item was tabled because there was an objection from Fidelity Federal Bank and Trust. He commented on a dealing that Sterling Village Condominium Association had with Fidelity Federal where he felt that Fidelity acted very unethically. Mayor Taylor felt that Fidelity Federal's protest was answered by City staff. Motion Vice Mayor Ferguson moved to approve item B.1. Commissioner McCray seconded the motion that carried unanimously. C.3, Proposed Resolution No. R04-023 Re: Contractual agreement with St. John's Missionary Baptist Church and the Boynton Terrace Neighborhood Association under the City's Neighborhood Assistance Program (NAP) for the ongoing maintenance of landscaping and irrigation improvements of North Seacrest Boulevard in the areas identified in an approved NAP project - project cost of $10,760 Commissioner McCray commented that the grant maximum is $5,000. However, there is more than one homeowners' association that is participating in this project. Wilfred Hawkins, Assistant City Manager, explained that this is for the Boynton Terrace Neighborhood and St. John's Missionary Baptist Church to put plantings along the right-of-way. l~t is a multi-neighborhood association project. Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. Mayor Taylor commended Assistant City Manager Hawkins for recently obtaining his bachelor's degree. D.1. Venetian Villas (NWSP 03-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district (RETABLED BY COHHZ$$:TOIV ON 02/03/04) Motion Commissioner McCray made a motion to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. Undsey Payne, Assistant City Manager, swore in everyone who wished to speak on this matter. 8 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida Februi~rY 17, 2004 Bonnie Miskel, attorney for the applicant, specializes in land use and zoning. She said that the applicant had no objections to any of staff's comments. This item was tabled previously in order for the applicant to meet with the homeowners' associations. They did meet with the two associations. Tn addition, this afternoon they met with a couple of the neighbors who live closest to the project. The following 13 items were discussed at that meeting: 1. Lighting - The community requested that the condition in the declaration concerning the lighting not be changed. The declaration specified that lighting should be out at 11:00 p.m. The applicant has no objection to that. However, staff's recommendation is to comply with code based on safety. 2. Height of the poles - The buildings are approximately 26' high. The light poles are less than 25' so they are lower than the height of the buildings. The buildings should screen all of the lighting except one area by the cul-de-sac that is an emergency access only for this project. Rather than having two 25' poles, the applicant agreed to lower the height and add a third pole. This appeared to be acceptable to the community. 3. South wall/landscaping - The declaration provides that the perimeter of the property contain a wall and landscaping. The applicant had proposed a hedge and the Planning & Development Board was acceptable to some alternative to a wall, The proposal that was offered this afternoon, as a concession, was the same as the rest of the perimeter fencing and landscaping along the east and north sides. Tt is an aluminum decorative rail with landscaping and would have solid concrete columns. There would be a hedge that eventually grows and covers it. Tt would be 6' on the east and 6' on the north. The applicant recommended 4' on the south and the community suggested 6'. The applicant offered a compromise of 5'. This is still an open issue. Construction hours - The Code allows construction on Saturdays but not on Sundays or holidays. The applicant offered a concession of half days on Saturdays. 5. The community requested that there be no water recreation or fishing within the canals. The south end is entirely fenced so there is no access to the canals. The applicant agreed to put in the homeowners' association documents that there would be no fishing or water recreation or use of the canals permitted. 6. The community would like the applicant to agree to a request that the vegetation that is currently in the canal remain. The applicant has no problem with doing that. Tt is not the applicant's property. :If the district tells them to do it, they have no authority to say no but they will request that the vegetation remain. The two neighbors that were present at the meeting today would be notified of every meeting that the applicant has with the district so that they could attend. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 7. The turnaround area is a question for the Engineering Department. The way that it has been designed, there is a connection between 13th and the project's opening for purposes of fire and emergency access only. ]it is not the applicant's intention to further pave that area. ]If the Engineering Department wants to stabilize that area with some sod, the applicant would be happy to do that and will work with the Engineering Department in the future. 8. The community would like the applicant to petition Palm Beach County to provide a left turn lane into the site, going westbound on Golf Road. The applicant has no objection. 9. Location of a school bus stop - The applicant has proposed inside pickup to the School Board. Ms. Miskel believed that was acceptable to the community. 10. Colors - The colors are earth tones as suggested by the community. 11. The applicant was asked to preclude parking on Golf Road. Ms. Miskel did not believe parking was permitted. However, they will include in the association documents that there is no parking permitted on Golf Road. 12. Request for the 2-story 4-unit building to be dropped down to a one-story. The applicant attempted to change the plan to do so. However, they would lose two units if they did. Therefore, they could not concede to this. However, as an alternative, they offered more trees and taller (167 trees running along 13t". 13. The community was concerned regarding having some way to enforce that the conditions are actually met. As was the case in the first declaration, there would be language in the amendment that gives the community standing to enforce the rules and the conditions that were agreed to. Mike Rumpf, Planning & Zoning Director, reported that staff was present at the meeting this afternoon. There were no proposals that were in conflict with code or staffs position. There was still the issue of access along 13t" and the street lighting issue that did not get resolved this afternoon. Ms. Miskel did not believe that the access point was an issue any longer. The community was concerned that emergency vehicles coming down 13th serving their community would have difficulty turning around if the cul-de-sac were not paved. Yet they mentioned that there was a drainage issue there so more pavement would be worse for drainage. The applicant responded to them that just as emergency vehicles could get out of the community onto 13m, they also could come into the community. So, if a fire truck comes down 13m and does not want to try to make a turn to go back on 13% they could simply hit the button and the gates would open and they could go through. She believes that was satisfactory to the community. Ms. Miskel felt that the three points that did not have closure were: 1. The height of the decorative rail/concrete wall on the south end 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 2. Construction on Saturdays 3. The 2-story 4-unit building on 13~ Mr. Rumpf said that those may be conflicts but where they are headed in resolving those issues is not in conflict with code. To extinguish their lighting at a certain time may be in conflict with policy and inconsistent with what the City has as a standard for lighting on all public streets. Laurie Fasolo, 1405 SW 25~h Avenue, would like the wall and bushes to be as high as possible to provide privacy. She requested a 6-foot wall. David Schmidt, representing the Golfview Harbour Estates Homeowners' Association, was at the meeting held this afternoon. Under the terms of the declaration and the settlement stipulation that was entered into court, the two homeowners' associations have to approve of the wall's design. The association has not had an opportunity to meet and vote on this. In addition, the work hours on Saturdays were being offered for the first time tonight. Mr. Schmidt suggested that since the association has to meet and sign off on the agreement, the Commission table the item until the March Commission meeting. ]~f they did move ahead tonight, he requested that any approvals be made subject to the condition that the declaration be amended and approved by the homeowners' associations and no permits would be issued until then. Peter Ryland, 1311 SW 25= Avenue, was representing the homeowners on 25u~ Avenue. Doug Baden, who was with him at the meeting this afternoon, represents the homeowners on :~3m. Mr. Baden could not be at the meeting tonight. They agreed at the meeting that there would be full screening of all second story windows, both on the south and east sides. The homeowners had a meeting last Friday and the concept that was discussed was a concrete column with a fence in between with plantings outside the fence. He did not feel that the homeowners would approve of the decorative fence. Mr. Ryland requested that if the Commission approves this project, they make a recommendation to Palm Beach County to widen the road. He said that there was discussion by staff about the need for lighting at 2:00 a.m. The stipulation agreement states 11:00 p.m. and the homeowners are recommending 11:00 p.m. Mr. Ryland felt that the City should be looking at a completed agreement that is signed off by both parties before they approve this development. City Manager Bressner asked what stipulation agreement Mr. Ryland was referring to regarding the 11:00 p.m. lighting. Mr. Ryland said that it was the original Alhambra agreement. Ms. Miskel explained that from the beginning of this process, they had conversations with the City Attorney's o~ce as to how they wanted them to proceed with this application. The applicant followed the process. They have been to the homeowners' association represented by Mr. Schmidt twice and have made great strides. However, there are two separate issues here. One is the site plan. :It is the responsibility of the Commission to review the plan against the City's code. Ms. IVliskel said that their plan complies with code. A condition to that site plan is that the applicant must amend the declaration. They have every intention of bringing closure MeeUng Minutes Regular City Commission MeeUng B~ynt~n Beach, Florida February 17, 2004 to these conditions. They are requesting a vote on the site plan tonight. She felt that the project would be an asset to the City. They would then return to the Commission with an amendment to the declaration that hopefully everyone is satisfied with. Otherwise, the applicant would not be able to get sign off by the associations. Mayor Taylor asked whether the applicant would be willing to put the taller trees on the east end. Ms. Miskel said that they have agreed to put the 16' trees on the east end. She also pointed out that there would be a double row of trees on the south side. Mayor Taylor said that the Commission could make the items being discussed tonight conditions of approval. He lives in Golfview Harbour and his neighborhood has streetlights that are lit all night. This project's lighting is contained. Therefore, this is not a concern to him. Commissioner Ensler commented regarding lighting. He felt that when the court came up with the stipulation agreement that says 11:00 p.m., it was not thinking of a residential community, but an ACLF where there were no people coming in after 11:00 p.m. He felt that since it makes sense to have lighting in the evening in residential communities, it should be made a condition of approval. The stipulation agreement says that the design of the wall should be approved by the homeowners' associations. He would prefer to have a 6' wall for privacy. Motion Commissioner Ensler moved that Venetian Villas be approved subject to a 6' wall on the southern border, the reduced height lighting that would be available to all residents in the evening and subject to final agreement by the neighboring associations and the courts. Vice Mayor Ferguson seconded the motion that carried unanimously. E.1. Woolbright Grill (ZNCV 03-028), 700 Woolbright Road (:South side of Woolbright Road at the Tntracoastal Waterway) - Request relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of 20 feet, to allow for a variance of 20 feet, and a rear yard setback of 0 feet for a restaurant in a C-3 zoning district Commissioner Ensler understood from the design that the applicant would have a deck that extends 10 feet into the water with a covering that would also extend 10 feet into the water. He asked for clarification on the original variance that was granted. Mike Rumpf, Planning & Zoning Director, explained that the original variance accompanying the site plan application for this project in 2002 was to allow the encroachment. The code currently allows limited encroachment of an awning, particularly if it is not ground mounted. To provide a little more covering at that time, the applicant requested a variance so it could extend 10 feet into the rear setback. That variance was granted. The deck itself does not have a setback restriction. This second variance would allow the zero setbacks so that the canopy could extend all the way to the limits of the deck, providing full covering. 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 Commissioner Ensler asked whether the proposed construction would meet all hurricane standards. Mr. Rumpf replied that it would have to in order to be permitted. Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. F. Approve a donation of $4,000 to the Boy Scouts of America from the forfeiture fund Commissioner McCray clarified that this donation was being made to the Gulfstream Council in Palm Beach County and funds would be used for all scouts located in the Boynton Beach area. Motion Commissioner McCray moved for approval. Commissioner McKoy seconded the motion that carried unanimously. VZT. CODE COMPLZANCE & LEGAL SEI'rLEMENTS: A. Motion to pay settlement from court ordered mediation in the amount of $15,000 to Peter Ebbole (slip and fall) MQtiQn Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. VTTT. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZ'I'$ A. Presentation of the Ocean District Community Redevelopment Plan (TABL£D TO 02/17/04~) (Proposed Ordinance No. 04-003) Motion Commissioner McCray made a motion to remove the item from the table. Commissioner McKoy seconded the motion that carried unanimously. Quintus Greene, Director of Development, presented the Plan in the absence of the project manager, Margelly Beltran. The Ocean District is bounded on the north by NE 3~ Avenue, on the west by Seacrest Boulevard, on the south by SE 2nd Avenue and on the east by the FEC Railroad. This is the third of five segmented updates of the CRA Plan. The first segment was the Federal Highway Corridor and the second was the Heart of Boynton. The purpose of the Plan is to revitalize the downtown area of Boynton Beach and present a desirable place to live and work. It also provides recommendations that would facilitate the creation of a new image of mixed uses for the civic and cultural center of the area. Staff looked first at the existing conditions in the area. Some of the strengths of the area include the cluster of civic and cultural activities, the proximity to the Marina and Federal 13 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Floridp February 17, 2004 Highway and the retail potential along Boynton Beach Boulevard. The area also had some liabilities, including the railroad on the eastern boundary, some M-1 industrial uses and poor pedestrian connections in the area. Mr. Greene explained that there were two in-house visioning sessions with City staff. They also held two public workshops for property owners and residents in the area. Staff provided three broad plans and divided them each into quadrants. Residents were asked to pick from the different plans. It evolved into two broad planning themes. Both were very similar with one major difference. That difference occurred in the northwest quadrant of the plan. The public was split 50-50 on whether the old high school should remain or not. Staff is therefore presenting both plans. Alternative 4 is the existing Town Square Plan. It presents the opportunity for the Library expansion, a new civic center auditorium, a new parking structure and a pedestrian link between City Hall and the Library. Alternative 5 has many of the same elements except it has the old high school being refurbished. ]:t would result in moving the parking structure to the west. There would be no pedestrian corridor. However, it would allow for the expansion of the Library, a new civic center and a new parking structure at the southern end. One of the things very apparent to staff was that there is an acute shortage of space relative to City facilities, particularly in City Hall. There would probably be a need for some kind of public building. Staff's recommendation is that this new public building should be located at the northeast corner of Seacrest and Boynton Beach Boulevards. This would frame the entrance to downtown. To link these two public buildings, they are proposing a skywalk that would traverse Boynton Beach Boulevard. They would recommend that Boynton Beach Boulevard have a median installed to enhance landscaping and would encourage mixed-use development along the sides. A few years ago Ocean Avenue between SE 1't Street and Federal Highway was enhanced. They would recommend that this be maintained at the current scale and encourage mixed use development with commercial and offices on the ground floor and residential uses above. There are two residential areas in the Plan. They are multi-family and single- family residential. The multi-family is north of Ocean Avenue, between Ocean Avenue and Boynton Beach Boulevard. They are not recommending a significant change in this area other than those that residents wish to undertake. They also feel that the single-family residential area should be left as is other than any improvements that property owners wish to undertake. They are recommending a paving treatment at Seacrest Boulevard and Ocean Avenue. They also recommend a median along Seacrest Boulevard and an arch at Seacrest Boulevard and Ocean Avenue to enhance the entrance. The east end along the FEC Railroad was identified as one of the problem areas. They are recommending quad gates at both Ocean Avenue and Boynton Beach Boulevard. These gates prevent automobiles from driving around them. Trains would no longer be required to blow their horns with these quad gates. However, these gates are expensive. They recommend 14 Meeting Minutes Regular City Commission MeeUng Boynt~n Be~¢h, Florida February 17, 2004 landscape treatment along the west side of the railroad consisting of a heavy row of trees to mitigate and absorb some of the sounds. Mr. Greene said that staff had some specific recommendations. They propose an amendment to Section 3 of the Comprehensive Plan Future Land Use Support Documents to address some of the issues in the Plan. They also propose to amend the Zoning Code to include specific regulations in the mixed-use Iow intensity zoning district. There are also certain amendments to the Future Land Use Map that need to be made. These are future action items. He showed some examples of mixed-use developments in San Diego and pointed out that none of the buildings shown exceeds 75' in height. Commissioner McCray felt that the City prepares plan after plan. He asked when something would happen. Mr. Greene responded that planning is the first step. The next step is that decisions must be made by this Commission relative to the capital improvement program. That is where the money is budgeted to implement many of the recommendations that the planning staff make. The City Commission has already taken steps to expand the Library and is investigating the preservation of the old high school. There is a study regarding City Hall space needs. There have already been some improvements made to Ocean Avenue. These are all capital projects. It is just a question of when the City has the resources to be able to implement some of the recommendations. Commissioner McCray said that we had to be realistic. This is something that is not going to happen in five or six years. Mr. Greene explained that there are private/public partnerships. He has seen a public courthouse built by the private sector and leased by a city for 30 years. Commissioner McCray said that the City had the Visions 20/20 and he felt that nothing has happened. Mayor Taylor said that he was a part of the Visions 20/20 and a lot has happened. The Marina project would be coming out of the ground by the end of this month. The Arches project is in negotiations now. The City purchased land for the promenade. Commissioner Ensler complimented Mr. Greene and his staff for the excellent study. He felt that the alternative that the Commission was looking for was the one that retains the old high school, alternative 5. Motion Commissioner Ensler made a motion to accept alternative 5 of the Plan. Commissioner McKoy seconded the motion. City Manager Bressner thought that there were elements of the Plan that were not feasible. However, this is a starting point. These are just guidelines and they would change. 15 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida Februory 17, 2004 Mayor Taylor did not want to lock in alternative 5. Mr. Greene explained that the plan is not a bible. He recognized that as circumstances change, plans also change. Both Vice Mayor Ferguson and Commissioner McCray thought that it was premature to vote on the Plan. Assistant City Attorney Payne pointed out that this item is scheduled for a first reading of an ordinance adopting the Plan unless the Commission does not want to move forward with the ordinance. Mr. Greene explained that this Plan is the third phase of the update of the CRA Plan. It has the same effect as the Federal Highway Corridor Plan and the Heart of Boynton Plan. City Manager Bressner asked what the recommendation was from the CRA regarding the Plan. Doug Hutchinson, CRA Director, reported that their recommendation was to keep all alternatives of the Plan. State Statute requires that the Plan be updated every few years. The CRA did not choose one alternative over another. Commissioner Ensler felt that the Commission should give some guidance regarding the old high school. City Manager Bressner explained that at the capital improvement workshop, it was not a preordained decision that the City would refurbish the high school. The maximum investment that was authorized by the Commission was approximately $300,000 with the full expectation that anything beyond that would be borne either by the private sector or the CRA. That would put limitations on what the building could be used for. ~[t could be used for cultural, social or perhaps some private sector operations. Brian Edwards~ 629 NE 9~h Avenue~ was in favor of keeping the old high school. People tend to be attracted to and attach themselves to history and culture. There are only four historic buildings in the City. He urged this Commission, the CRA and City staff to find a way to save the school. Herb Suss, citizen, thought that the high school must remain. He concurred with Mr. Edwards. Marie Horenburger, 3020 Pine Tree Lane, said that she had served on the City of Delray Beach City Commission and was part of preserving the Old School Square. There were a lot of people in Delray Beach who were not very interested in preserving the old schools. Those schools have become linchpins for development. She hoped that the community would support the preservation of the old high school in Boynton Beach. 16 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Fl~ridp February 17, 2004 Mayor Taylor clarified that no one on the Commission said they wanted to demolish the old high school. There were some things in the Plan that the Commission heard for the first time (for instance, buying the northeast corner of Seacrest and Boynton Beach Boulevards to build a public building). He did not know whether the Commission agreed to everything in the Plan and he did not want to lock the City into it. City Manager Bressner explained that the purpose for adopting the Plan was to have the ability to put in land use changes and look at the area in a more detailed fashion. For example, it does not require the City to purchase the property across the street. Vgte The motion to accept alternative 5 of the Plan failed 2 to 3 with Vice Mayor Ferguson and Commissioners McCray and McKoy dissenting. Notion Commissioner McCray moved to accept the Ocean District Plan without having alternative 4 or 5 locked in. Motion was seconded by Vice Mayor Ferguson and carried unanimously. Assistant City Attorney Payne read Proposed Ordinance No. 04-003 by title only. Notion Commissioner McCray moved to approve Proposed Ordinance No. 04-003. Commissioner McKoy seconded the Motion. City Clerk Prainito called the roll and the motion passed unanimously. The meeting recessed at 8:32 p.m. and reconvened at 8:42 p.m. B. Project: 503 North Seacrest (LUAR 03-010) Agent: Don Stacks Owner: Edward Eatman Location: 503 North Seacrest Boulevard Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre Assistant City Attorney Payne swore in everyone who would be testifying. Dick Hudson, Senior Planner, reported that this property is developed. It consists of approximately 4,800 square feet. The request is consistent with the current use of the property. It is nonconforming because it is designated for commercial use. The property is valued at less than $60,000 so conversion is not possible without a variance. The lot was originally platted in 1925. Access to the site is off NW 4th Avenue. The project meets all policies of the Comprehensive Plan. It is very consistent with the Heart of Boynton study that recommended that the properties on the west side of Seacrest Boulevard should go to single family residential. With properties that are nonconforming, banks will not loan money to fix them up. Staff recommends approval. 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 Mayor Taylor wondered why the CRA denied this request 6 to 1. Mike Rumpf, Planning & Zoning Director, said that the CRA supported commercial on Seacrest Boulevard and did not favor allowing residential to maintain frontage along Seacrest Boulevard on the west side. Commissioner Ensler asked whether the CRA wanted to change the zoning of the plan for those properties in the Heart of Boynton. Mr. Rumpf said that the CRA did not officially desire to change the Heart of Boynton Plan. Doug Hutchinson, CRA Director, explained that the CRA did not give specific directions except in their comments. Chair Finkelstein thought that because Seacrest Boulevard was four or five lanes, a commercial designation was better suited than single family residential. That was echoed by some other members. MotiQn Commissioner McCray moved to approve the project. Commissioner McKoy seconded the motion that carried 4 to i with Commissioner Ensler dissenting. C. Project: 503 North Seacrest (LUAR 03-010) Agent: Don Stacks Owner: Edward Eatman TTT Location: 503 North Seacrest Boulevard Description: Request to rezone from C-2 Neighborhood Commercial to R-1-A Single Family (Proposed use is single family residence) Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that carried 4 to 1 with Commissioner Ensler dissenting. D. Project: Mixed Use Code Review (CDRV 04-001) Agent: City initiated Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts Dick Hudson, Senior Planner, explained that the CRA recommended that this item be tabled until they hold a workshop to discuss the matter. Motion Vice Mayor Ferguson moved to table this item. Commissioner McCray seconded the motion that carried unanimously. CTrY MANAGER'S REPORT: A. Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase ('TABLED 7'0 18 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida February 17, 2004 City Manager Bressner requested that this item be retabled until March 16, 2004. Motion Commissioner McCray made a motion that this item be removed from the table. Commissioner McKoy seconded the motion that carried unanimously. M~ti~n Commissioner McCray moved to retable this item until March 16, 2004. Vice Mayor Ferguson seconded the motion that carried unanimously. B. Discussion of Cemetery Expansion into Little League Park City Manager Bressner explained that the Cemetery Board has been discussing this matter on and off for many, many years with no final resolution. The City Commission suggested that the Commission take this matter under advisement so that the Cemetery Board would have some information regarding whether they should leave the expansion of the Cemetery west on the Board's active agenda for consideration or whether they should focus on other issues relative to the operation of the cemetery. City staff recommended that the City get out of the cemetery business by phasing out the cemetery operation. The programs and services that the Cemetery has provided to the community fulfilled a very important function. Tt is a question of whether the City would maintain those functions at the present level or whether they would be expanded. Given the choice of the use of the property to the west, staff's preference was to have it used as an active recreation area. Michael Enkoff, 4 Desford Lane, is a member of the Cemetery Board and a funeral director in the area. He felt that the Cemetery should be expanded into the ballfields and the ballfields moved. He felt that the Cemetery was for the betterment of Boynton Beach. There are not many graves left to purchase. Mr. Enkoff thought that Little League should be presented with a world class ballfield in another area. Terry tiames, 656 NW 1'~ Avenue, felt that the City should keep both the Cemetery and the Little League Park. It would cost a fortune to move the ballfield. She thought that the kids deserve the park that they have now. .lack McVey, 1729 Banyan Creek Court, is the President of East Boynton Beach Little League. He said that to move the ballpark would hurt the kids in that area. The Little League boundaries surround that park and run from the Delray Beach line to Hypoluxo. Tt is centrally located and convenient for the kids and their families. There are over 500 kids from 5 to 18 years of age playing there. The Little League Board and the volunteers work with the City to make the park a better place for kids. He urged the Commission to let the ballpark remain where it is. Kenny Emerson, 3113 Chapel Hill Boulevard, said that he was fortunate to be the manager of the 2003 National Little League champions. He has been at the Little League Park for 17 years. This park has been there 35 years and has a history. There are people playing in 19 MeeUng Minutes Regular City Commission MeeUng Bovnton Beach, Florida February 17, 2004 the Major Leagues who played Little League here. This is a safe haven for our kids. It is one of the top parks in Florida. He asked why the City would want to spend millions of dollars to move it. He felt that the park was a draw for businessmen coming to Boynton Beach. He urged the Commission to allow the park to remain. Betty Pierce, Chair of the Recreation & Parks Board, wondered where the ballpark would go. There are no funds allocated to purchase land and build a new facility. The Recreation & Parks Board believes the park should be kept the way it is. They believe the Cemetery should be used to the maximum. She asked that the park not be moved. .lack Napp, new District VI:! Little League Administrator, explained that there is now a cemetery where he used to play Little League in New York. He has no place to look back at and show his sons, ]:t is heritage and tradition that make our country great. Herb Suss thought that the ballpark should remain. He also wanted the City to look for a Marlins ballpark. Commissioner McCray said that he was a licensed funeral director and embalmer. There has to be some place for people to be buried. When he was a member of the Cemetery Board, he was told that they could not expand because of the wellfields. Commissioner McCray said that the wellfields are not in danger. He did not feel that the ballfield needed to be moved immediately. He suggested looking at replatting the Cemetery and buying some more time. Vice Mayor Ferguson said that he would not vote to have the Cemetery expanded into the Little League Park. He believes that the Little League Park should stay where it is. Commissioner McKoy felt that as the City moves forward with development, we have to maintain some of the history. He was in favor of keeping the ballpark where it is and perhaps upgrading it. Commissioner Ensler agreed that the Little League Park should be retained. There are wellfields where the park is and there is no way to get approval to move them now. He felt there was no reason to even consider moving the Little League Park. Commissioner McCray did not feel that the Commission should get hung up on the wellfields. He learned this morning that Lowe's was on top of a wellfield and the Mausoleum was close to two wellfields. He felt that the City should consider replatting the Cemetery. The Little League field should stay where it is for now. He thought that grave markers and monuments were history too. Mayor Taylor explained that this item had been listed as a future agenda item because the Commission was waiting for input from the Cemetery Board and the Recreation & Parks Board. However, the Commission felt that they should let the Boards know where the Commission stood on the issue so that they did not waste their time if it was obvious that the Commission was never going to approve expanding into the ballfield. 20 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 The City should look at the ballfield with pride. Mayor Taylor said that he would never vote to have the Cemetery expanded into the ballfield. The City has done a good job of providing cemetery services to its residents for many, many years. The Cemetery will run out of room at some point. However, there is still some room there and at Sara Simms Cemetery. There are ways to possibly make more room. It is unique for cities to provide these services. He was open to the idea of the City getting out of the Cemetery business at some point in time. Commissioner McCray asked that the Cemetery 8oard be given direction to replat the Cemetery. He did not want to move the ballpark either but he did not want the Commission to get hung up about history. It was the consensus of the Commission not to expand the Cemetery into the ballpark. X. FUTURE AGENDA ZTEMS: A. Strategic Planning Session (February 27, 2004) B. Senior Center Fee Study (March 16, 2004) C. .loint City Commission/CRA Workshop (March 30, 2004 - 6:30 p.m. - Library) D. Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (Nay 2004) E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) Commissioner McCray asked whether item F should be removed from the agenda. City Manager Bressner suggested that the item remain until after the Commission's retreat. G. Discussion regarding Non C~uasi-judicial Advisory Board Consolidation H. Old High School - what needs to be done to allow people into the school ('th/s/tern was addressed at the end of the rneet/ng) XZ. NEW BUSZNESS: None XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLZC HEARING None 21 Meeting Minutes Regular City Commission Meeting B~ynton Beach, Florida February 17, 2004 B. Ordinances - is~ Reading 1. Propo~:,d Ordinance No. 04-002 Re: Amending Land Development Regulations, Chapter 2 "Zoning," Section 8. M-1 Industrial District 4. Conditional Uses, by creating a new subsection f to include dance instruction as a conditional use Assistant City Attorney Payne read Proposed Ordinance No. 00-002 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 00-002. Vice Mayor Ferguson seconded the motion, City Clerk Prainito called the roll and the motion carried unanimously, 2. Proposed Ordinance No. 04-004 Re: Abandonment of a portion of the Quantum Boulevard right-of-way Assistant City Attorney Payne read Proposed Ordinance No. 04-004 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 00-004. Commissioner McCray seconded the motion. Mayor Taylor announced that he would be voting against this ordinance because he was always against putting homes in Quantum Park. City Clerk Prainito called the roll and the motion carried 4 to 1 with Mayor Taylor dissenting. 3. Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9- 24, "Requirements for high-rise buildings and buildings with six or more stories" Assistant City Attorney Payne read Proposed Ordinance No. 00-005 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-005. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 4. Proposed Ordinance No. 04-006 Re: Amending Chapter 2 of the Code of Ordinances to add a new Article XTT entitled Quasi-.ludicial Boards; establishing a procedure for creation, consolidation and abolishment of quasi-judicial boards; appointment of members to quasi- judicial boards; board duties and responsibilities and terms of board members Assistant City Attorney Payne read Proposed Ordinance No. 00-006 by title only. She explained that there was an alternate Section 2-166 regarding absenteeism. This was a separate sheet of paper before the Commission. A copy of this alternate section is on file in the Office of the City Clerk. The alternate language would provide that a board member would be deemed to have resigned his/her seat on the Board if he/she were absent for non-medical reasons for three 22 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 2004 meetings in one year and up to five meetings in one year for medical reasons. If a board member were ever removed for absenteeism, he/she would then have to wait a period of 12 months before becoming a member of another board. This section also provides that the Board member would tell the City Clerk's Office of the medical excuse and then the City Clerk would inform the Chair of the Board. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-006. Mayor Taylor passed the gavel and seconded the motion. Commissioner McKoy asked what would verify the medical excuse. Assistant City Attorney Payne said that it was not stated in the ordinance. Commissioner McKoy felt that there should be something in the ordinance. He requested an amendment to include verification of the information provided to the Clerk. Commissioner Ensler and Mayor Taylor accepted the amendment. Tt was also clarified that the motion was to accept the alternate language in Section 2-166. Vice Mayor Ferguson had a concern regarding the City Commission appointing the Chair and Vice Chair of these quasi-judicial boards. He did not feel that was necessary. Commissioner McCray agreed. City Clerk Prainito called the roll and the motion carried 3 to 2 with Vice Mayor Ferguson and Commissioner McCray dissenting. 5. Proposed Ordinance No. 04-007 Re: Approval of an Ordinance enacting a written procedure for conducting and giving notice of quasi-judicial hearings Assistant City Attorney Payne read Proposed Ordinance No. 04-007 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-007. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 6. Proposed Ordinance No. 04-008 Re: Amending Chapter 2- 13.2(C) of the Code of Ordinances, amending the procedure for the appointment of the chair and vice chair of the Community Redevelopment Agency Assistant City Attorney Payne read Proposed Ordinance No. 04-008 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-008. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to ! with Commissioner McCray dissenting. 23 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida February 17, 2004 7. Proposed Ordinance No. 04-009 Re: Creating a new Subsection 2-92 within Chapter 2, "Administration," of the Code of Ordinances, providing for the consolidation of powers of the Nuisance Abatement Board and the Code Compliance Board and amending Chapter 15, Article VTI! to change all references to "Nuisance Abatement Board" to "Code Compliance Board" Assistant City Attorney Payne read Proposed Ordinance No. 04-009 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-009. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 8. Proposed Ordinance No, 04-010 Re: Consolidation of powers of the Building Board of Adjustment & Appeals with the Planning & Development Board Assistant City Attorney Payne read Proposed Ordinance No. 04-010 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-010. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: 1. Proposed Resolution No. 04-028 Re: Notice of !ntent for Zoning in Progress - Non-residential uses in single-family zoning districts Assistant City Attorney Payne Proposed Resolution No. 04-028 by title only. MoUrn Commissioner Ensler moved to approve Proposed Resolution No. 0~-028. Motion was seconded by Commissioner McKoy and carried 4 to i with Vice Mayor Ferguson dissenting. 2. Proposed Resolution No. 04-029 Re: Notice of Tntent for Zoning in Progress - Mixed Use-High !ntensity and Mixed Use-Low !ntensity zoning districts Assistant City Attorney Payne Proposed Resolution No. 04-029 by title only. Motion Commissioner McKo¥ moved to approve Proposed Resolution No. 04-029. Motion was seconded by Commissioner McCray and carried 4 to 1 with Vice Mayor Ferguson dissenting. X.H. Old High School - what needs to be done to allow people into the school (heard out of order) Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida February 17, 20¢A Commissioner McCray questioned when people would be permitted to go into the school. City Manager 8ressner explained that no one would be allowed to enter the building until the initial remedial work is completed. He would be meeting with staff tomorrow to come up with an action plan. He would then return to the Commission with a report on the interim repairs. D. Other: None XIII. UNFINISHED BUSINESS: None XIV. AD3OURNMENT: There being no l:urther business, the meeting properly adjourned at 9:30 p.m. CITY OF BOYNTON BEACH ~e Mayor ATTEST: ~po~)City Clerk L~o m m ,ss,o n e~_~~.~::~~~~ j 25 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Venetian Villas APPLICANT'S AGENT: Mr. Michael Hoeflinger with Atlantis Development Group LLC APPLICANT'S ADDRESS: 51 Southwest 11~ Street Unit 637 Miami, FL 33130 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: New site plan approval to construct 50 fee-simple townhouse units on a 4.699 acre parcel in the R-3 zoning district LOCATION OF PROPERTY: South side of Southwest 23rd Avenue, located east of Congress and Avenue and west of Southwest 13th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. The Applica/nt's application for relief is hereby .v"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED: City Clerk S:~:~lanning\SHARE D\WP~PROJECTS\Venetian EXHIBIT "C" Conditions of A~g}roval Project name: Venetian Villas File number: NWSP 03-021 Reference: 2~d review plans identified as a New site Plan with an December 2, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Public Works requests that future owners residing in the building labeled as X Building "C" (as shown on sheet AS-l) would locate their containers across the street on the east side of Buildin~ "C" on trash pickup dags. PUBLIC WORKS - Traffic Comments: 2. Permits will be required from Palm Beach County for driveways proposed X onto Southwest 23rd Avenue (Golf Road). 3. The proposed shunt tumarounds do not meet minimum City standards (City X Standard Drawing P-10). The design of the tumarounds can be addressed at the time of permitting. 4. Improve (with an acceptable surface material) that portion of the Southwest X 13th Street cul-de-sac so that it connects with the project's proposed point of emergency vehicle ingress / egress, located at the southeast comer of the subject property (Chapter 6, Article IV, Section 1.A.4.). The site plan (sheet AS-l) shows that the "connected" portion of Southwest 13th Street would be approximately 18 feet in width. ENGINEERING DIVISION Comments: 5. At the time of permitting, the dimensions of the proposed parallel parking X spaces would have to comply with Engineering Drawing K-1. 6. At the time of permitting, all comments requiring changes and/or corrections X to the plans shall be reflected on all appropriate sheets. 7. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. COA 02/18/04 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 8. All utility easements shall be shown on the site plan and landscape plans (as X well as the water and sewer plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public fights-of-way. 9. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the drawings, using a minimum width of 12 feet. Wider easement widths may be required based on depth of sanitary sewer. 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project.(CODE, Section 26-12). 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. FIRE Comments: 14. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. COA 02/18/04 3 DEPARTMENTS INCLUDE REJECT 15. The Fire Department will require a Knox or key activated lock at the altemate X points of emergency access. POLICE Comments: None X BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The number of bedrooms in each dwelling unit; COA 02/18/04 4 DEPARTMENTS INCLUDE REJECT · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The total amount being paid; (CBBCO, Chapter 1, Article V, Section 3(0). 22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X FBC, Section 1606. 23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(1)(a). A X minimum average light level of one-foot candle shall be provided, with no more than 10 percent of the spot readings below one-foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: 24. Recreation Facilities Impact Fee: X · 50 single Family attached Units X $770 ea = $38,500; · Fee is due at the time of the first applicable buildin~ permit. FORESTER/ENVIRONMENTALIST Comments: 25. The Landscape Architect should review the tabular mitigation for the 408- X caliper inches of existing trees proposed to be removed and show all 408- caliper inches of replacement trees as Quercus virginiana, and / or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located along the South and East property areas and shown by a separate symbol on COA 02/18/04 5 DEPARTMENTS INCLUDE REJECT the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures from the surrounding residential neighborhoods. 26. The Tree & Palm Planting Detail should include a line on the drawing X indicating where the: · diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inches caliper at time of planting; · overall height of the tree or palm is to be measured at time of planting; · clear trunk, clear wood, gray wood or trunk is to be measured at time of planting. 27. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed driveway areas from the Golf Road and S.W. 13t~ Street rights-of- way. PLANNING AND ZONING Comments: 28. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Planning & Development Board meeting (December 18, 2003). 29. The site plan should indicate the FLU and the Official zoning districts for the X abutting properties. 30. Place a note on the site plan: No provisions for outdoor patios, interior X fencing, screen enclosures, or solid-roof enclosures. Any future request would require a major site plan. This note will help to avoid confusion in the future when project is built out. 31. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 32. An extra row of colorful low-growing groundcover would be required within X the north and east landscape buffers (on the street side of the Cocoplum hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the Land Development Regulations. 33. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Building height shall not exceed two (2) stories. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. The site plan (sheet AS-l) must be corrected to indicate that two (2) stories and 26 feet - five (5) inches are proposed rather than three (3) stories / 29 COA 02/18/04 6 DEPARTMENTS INCLUDE REJECT feet. 34. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 35. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels. The plans comply since no dumpster enclosure is proposed and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 36. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Use of the property shall be limited to an Adult Congregate Living Facility. The proposed use violates this stipulation. Staff recommends amending the Agreement so that there is no violation. The Agreement must be amended to allow the proposed unit (townhouse) types. If not amended, the plans must be modified to comply with the stipulation. 37. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: A combination of landscaping and wall (the "Wall") shall be constructed on the south property line of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing Associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations, the Wall shall be constructed at no cost or expense to the governing associations. The lack of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence to be placed along the southern property line of the subject property. This would require amending the Agreement. 38. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Parking lot lighting shall be shaded and shielded so as to not shine directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11:00 p.m.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH. A note on the plans indicates that the lights would comply with Chapter 23, Article II.A. 1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends amending the Agreement so that there is no violation, however, if restrictions are placed on project lighting, the lighting should not be below the typical lighting levels of public streets. COA 02/18/04 7 DEPARTMENTS INCLUDE REJECT 39. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations. Staff has no opinion on this requirement. 40. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels. The plans comply and therefore, staff has no recommendation. 41. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The plans comply and therefore, staff has no recommendation. 42. Due to the limited amount of dedicated recreation / open space, staff X recommends incorporating a meandering trail into the design of the southern landscape buffer. 43. Staff recommends varying the heights of the proposed Live Oak and Sweet X Mahogany trees proposed within the east landscape buffer (between 12 feet and 16 feet). 44. If possible, City staff respectfully requests the applicant petition the LWDD X to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that ma), be found in the LWDD ri~,,ht-of-wa)t. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 45. To allow the applicant and staff to work together (prior to the City X Commission meeting) to re-examine conditions #24 and #25 for completeness and accuracy. If the conditions are in fact correct as it relates to the proposed site plan, thc applicant agrees to the conditions. 46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X will provide adequate landscaping (shrubs) along thc southem property linc adjacent to the LWDD canal, in order to provide screening and security. The omission of a buffer wall would require amending the Stipulation and Settlement Agreement. ADDITIONAL CITY COMMISSION COMMENTS: COA 02/19/04 8 DEPARTMENTS INCLUDE REJECT Comments: 47. Replace condition #46 with requirement that the proposed wall at the X southern border be 6 feet in height or consistent with the amended settlement agreement. 48. Replace condition #38 with requirement that lighting fixtures be reduced in X height (where visible from 13th Street or consistent with the amended settlement agreement. 49. Approval is subject to final approval by neighborhood associations and the X courts. MW elj S:\Planning\SHARED\WP\PROdECTS\Venetian Villas\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~{, 7-- PROJECT NAME: Woolbright Grill (ZNCV 03-028) I'~ I APPLICANT'S AGENT: Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2004 TYPE OF RELIEF SOUGHT: Variance requested for rear yard setback reduction. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. 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 Community Redevelopment Agency, which Agency 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,-,'/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED:~ City S:\Planning\SHARED\Wp~DROJECTS\Woolbright Location Map EXHIBIT"A" Woolbright Grill // 400 0' 400 Feet ~ ~ I w E s EXHIBIT "B" .EXHIBIT "C" ;,1~~j-.,.q ~,, and SLA'I-rERY -' ~1~_ ASSOCIATES PLANNERS Edk Johnson, Planner December I 2003 City of Boynton Beach ' 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Woolbdght Gdlle Dear Mr. Johnson: The following is a justification for the requested vadanca. · Vadance relating to the awning at the east side of the rear setback. (Section 6-0.3). This request is to allow an awing structure 20'-0" into the east rear setback to cover outdoor seating. The east rear setback contains a deck seating area abutting the Intracoastal WaterwaY. This area already has an approval for an awing structure to extend ten feet into the setback. The physical configuration of the property on which this restaurant is located is very unusual in nature. It tapers sharply from north to south, creating a very shallow east to west dimension. The design of a building on this site allows for no additional room for a large roof overhang. The enlargement of this awning will not affect or impeded any views from neighboring properties. It should not only provide further protection from the elements for the patrons, but also reduce the amount of light and sound transmission across the waterway. I trust the information provided above satisfies the requirements for a "Statement of Justification" for this variance. Please feel free to contact me should you have any questions regarding any of this information or this submittal. Slattery and Associates Architects Planners JP:cl 2060 NW Boca Raton Blvd., Suite #2 · Boca Raton, Rorida 33431-7414 · (561) 392-3848 · Fax (561) 392-5402 lic #AA 0003381 EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 03-028 (Rear Setback variance) Reference: 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 BUll,DING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. Setback relief only applies to subject awnin~ and not any other structure. X Conditions of Approval 2 Woolbright Grill ZNCV 03-028 (Rear yard setback) DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Tobedetermined. ~ ,q~)O S :kPlanning~SHARED\WP'xPROJECTS\Woolbright Grilr, ZNCV'~03 -028\COA.doe Exhibit - City Commission Mtg. 2/17/04 £EIITIFI£11TE OF RE£OSIIITIO]I Presented to £it of BoTlnton Beach In Appreciation of Invaluable Service and Outstanding Contributions to Historic Preservation and the Establishment of IllFTllll Florida's Eighth Underwater Archaeological Preserve Located offshore of Boynton Beach Palm Beach County, Florida. Given this 7t~ Day of February, 2004 Glenda E. Hood Secretary of State __Exhibit - City Commission Mtg. 2/17/04 ALTERNATIVE LANGUAGE ON ABSENTEEISM 2-166 Absenteeism and Resignation A Board member who is absent, for non-medical reason, from three (3) Board meetings in one year shall be deemed to have resigned his/her seat on the Board. The Commission shall thereafter declare and fill the vacancy for the balance of the Board members term. A Board member who is replaced for reason of absenteeism may not qualify for appointment to any City Board for a period of twelve (12) months from declaration of vacancy. A Board member who is unable to attend a meeting for medical reasons shall inform the City Clerk's office of the member's unavailability and the City Clerk's office shall in turn advise the Board Chairperson who shall announce the grounds for absence at the commencement of the Board meeting. The City Commission may replace a Board member who is absent, for medical reasons, from five (5) Board meetings in a year.