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Minutes 01-21-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 21,1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Dale Sugerman, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend John Block, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Matt Bradley Mayor Taylor called the meeting to order at 6:35 p.m. Reverend Block offered the invocation, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Titcomb requested that Item X-B, Donation to Atlantic High School Eagle- ettes, be moved up on the agenda as the first item under V-Announcements & Presentations. Commissioner Titcomb added Item X-A.2, "Discussion about Bill Hukill". Commissioner Bradley added Item C, Marina Project Update, under IV-City Manager's Report. City Manager Sugerman advised that Mr. Hyman FAXED a request for a postponement of this item until the February 4 meeting to allow him time to prepare his presentation to the City Commission. There was a consensus of the Commission to grant Mr. Hyman's request and postpone this item until February 4. Attorney Cherof added Item XI-D.3, "Request by S.C.R.W.T.D. Board" that the City waive a bonding requirement for work being conducted. 2. Adoption Commissioner Tillman moved to approve the agenda as corrected. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. 1 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Vice Mayor Jaskiewicz requested the removal of Items C-1 , 2, 3, and 4 from the Consent Agenda for discussion. 1. Proposed Resolution No. R97-11 Re: Authorize execution of agreement between Palm Beach County and the City of Boynton Beach for Joint Participation and Project Funding for Woolbright Road Modifications and Utilities Adjustment This item was removed for further discussion. 2. Proposed Resolution No. R97-12 Re: Approve modifications to the Director of Development and the City Engineer job descriptions and approve funding for the position of City Engineer This item was removed for further discussion. 3. Proposed Resolution No. R97-13 Re: Authorize execution of Interlocal agreement between Palm Beach County and the City of Boynton Beach reference improvements to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad This item was removed for further discussion. 4. Proposed Resolution No. R97-14 Re: Authorize execution of contract between the City of Boynton Beach and the Palm Beach County Housing Authority providing for supplemental law enforcement at authority locations This item was removed for further discussion. 5. Proposed Resolution No. R97-15 Re: Accepting a proposal by Lang Engineering of Florida to perform contracting services under the supervision of Pure Air Control Services for cleaning and antimicrobial treatment of City buildings 6. Proposed Resolution No. R97-16 Re: Accepting a proposal by C. B. Goldsmith and Associates to perform administrative and professional services for forensic investigation and construction contract documents in association with rehabilitation of City buildings D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's 3 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Office. E. Payment of Bills - December, 1996 Commissioner Titcomb requested the removal of Item E from the Consent Agenda for further discussion. A list of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. F. Approve purchase (replacement) of submersible pumps for wastewater pumping stations from A. Guthrie and Associates for the sum of $104,849 G. Approve Task Order No. 34 for professional engineering services from CH2MHILL in an amount not to exceed $29,000 Commissioner Bradley requested the removal of Item G from the Consent Agenda for further discussion. H. Approve purchase (third phase of a three-year replacement program) for Firefighters' Bunker Gear Replacement Program from Safety Equipment Company in an amount not to exceed $19,265 for 29 ensembles I. Approve purchase of two (2) new Electric Club Car Ranger Carts for the Golf Course at a cost of $3,375 per cart Motion Vice Mayor Jaskiewicz moved to accept the Consent Agenda with the exception of the items that were removed. Commissioner Tillman seconded the motion which carried unanimously. 1. Proposed Resolution No. R97-11 Re: Authorize execution of agreement between Palm Beach County and the City of Boynton Beach for Joint Participation and Project Funding for Woolbright Road Modifications and Utilities Adjustment Vice Mayor Jaskiewicz questioned whether this agreement included landscaping along Woolbright Road, or whether it was preliminary to the landscape project. She pointed out that it did not include any specifications regarding landscaping. 4 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21,1997 With no one from staff available to respond, and realizing that this agreement must be approved, Vice Mayor Jaskiewicz withdrew her concern. 2. Proposed Resolution No. R97-12 Re: Approve modifications to the Director of Development and the City Engineer job descriptions and approve funding for the position of City Engineer Vice Mayor Jaskiewicz requested that the person hired to fill the City Engineer's position be offered the job on a contractual basis rather than under Civil Service. Commissioner Bradley expressed concern about tying the items in this Resolution together. He has no problem with the fact that this Resolution covers approval of the funding for the position of City Engineer. However, approximately one month ago, he asked the Commission to consider the parameters of the roles and responsibilities for the Interim City Manager. He feels it is very important that the City Commission not consider putting a department head into place until a City Manager is hired. Mr. Donaldson will be presenting names of finalists for the position of City Manager within a two-week period, and Commissioner Bradley feels a new City Manager could be hired in about a month. The reorganization suggested in this Resolution is a move in the wrong direction at this point in time. Commissioner Titcomb agrees with some of the concerns mentioned by Commissioner Bradley. In addition, he expressed concern about making a major change of this nature under a Consent Agenda item. Commissioner Bradley pointed out that this Resolution addresses funding for the position of City Engineer, while at the same time, we have drawn up a contract for interim services with one of the local engineering firms. No consideration was given to the extension of Mr. Hukill's contract. Commissioner Bradley feels that issue should be addressed. Vice Mayor Jaskiewicz would endorse extending his contract if Mr. Hukill is amenable to an offer. There are several projects about to get underway that Mr. Hukill has been an integral part of. Vice Mayor Jaskiewicz pointed out that the Resolution defines the job duties. Commissioner Bradley explained that his concern relates to the reorganization which is planned by City Manager Sugerman whereby a Development Director would be in charge of different departments. He is not necessarily opposed to this plan, but feels it should be discussed at a more appropriate time when a new City Manager is in place. With regard to extending Mr. Hukill's contract, Commissioner Bradley would support such a move since Mr. Hukill has had a great deal of ongoing involvement with City projects. He has a good knowledge base and it would serve the City well to extend his contract. Commissioner Bradley suggests removing the reference to the Development Director from the Resolution, and the Commission must make a decision about the City Engineer position. 5 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Mayor Taylor said he asked Mr. Hukill whether he planned to go into retirement and "disappear" in January. His response was that he was open to staying with the City under the same terms he currently has until a new City Engineer is hired. Mayor Taylor is aware that interviews are in process for that position, but does not know how close we are to hiring a City Engineer. Mr. Hukill has the credentials in both building and engineering. This is a unique quality to find in one individual. City Manager Sugerman has not been able to find anyone with those multiple qualifications up to this point. Therefore, he proposed this reorganization in order to bring in a City Engineer. This Commission discussed the fact that they wanted nothing to come to a stop during the time it takes to hire a new City Manager. The Commission wanted the City to move forward as usual. If a new City Manager comes in and wants to justify a change, the Commission will have to be open to such a discussion. Since the Commission does not know when that will take place, it is important to move forward. The Commissioners need to talk about such a reorganization. Mayor Taylor questioned where the funding would come from for the City Engineer position if the two positions are split out since this will be a new position. City Manager Sugerman advised that the funding would come either from Contingency or revenues exceeding anticipated expenditures. Either way, it would be General Fund monies. Mayor Taylor reiterated that the City Engineer position will be an additional position that was not budgeted. He asked the Commissioners to be aware of the expenditures that are being taken on. The Commission is paying additional money that was not budgeted for the City Manager position. The City will be taking on a new City Engineer position. We already took on an Assistant City Attorney which might not have been budgeted. In the future, there will be a request for at least one additional position in Planning and Zoning because of the development that is coming in. We will also be looking at a request from the Police Department for additional money, and we do not know what the cost of the building repairs will be. Additionally, Mayor Taylor is concerned about the size of the lawsuits that are outstanding against this Commission. While we have worked very hard to add $1 million to the Contingency Fund, some of that money has been put aside for the building repairs. The purpose of the Contingency Fund is for emergencies and unforeseen events. Mayor Taylor is concerned about going to that fund at will. This City does not have the Contingency Fund it should have since it should be 10% of the overall budget. Bill Hukill, Part-time Director of Development, expressed mixed feelings about this conversation. He did not see the job descriptions until this afternoon; therefore, he had no comments on them. In his opinion, the City needs a full-time City Engineer. With respect to the Director of Development, Mr. Hukill advised that before Carrie Parker Hill left, he made a recommendation to combine Building, Engineering and Planning and Zoning. It was his feeling that it did not matter whether it was under Building or Planning and Zoning, but one person should be over those areas. In briefly reading the job description, Mr. Hukill 6 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 noted that the Economic Development Director position was also included as one of the areas to be overseen by the Director of Development. The Director of Development position is an administrative person as opposed to a technical person. The engineering expertise would come from Engineering, and the building expertise could come from Building. There are individuals in the Building Department who are certified as Building Officials. Mr. Hukill advised that the position he currently fills is funded out of the Utility budget, not out of the General Fund. The arrangement he is currently working under is that he is a half-time employee without benefits. Therefore, some dollars are being accumulated by the City which would help fund one or both of the positions for the remainder of the fiscal year. In Mr. Hukill's opinion, the City needs to hire a City Engineer even though there are implications to doing that before a new City Manager is hired. He pointed out that there is a need for continuity. Mr. Hukill explained that he must speak with his wife before considering an extension of his contract, but he will come back with his decision within a day or two. One of his conditions would be that the City get serious about hiring a replacement Engineer. Mayor Taylor explained that the decision to hire a local engineering firm was made to cover the time period between Mr. Hukill leaving and the hiring of a new City Engineer. This local firm would be ready to handle our projects if necessary. If Mr. Hukill decides to stay, we would not need the services of that firm. Mr. Hukill pointed out that there are a number of projects coming up shortly which involve engineering. The first project is the construction on NE 22nd Avenue (Gateway Blvd.). The next step is the RFP and the hiring of the consultant. The second project involves the repair of the bridges. This project is almost ready to begin, and this is a pure engineering function. These projects are in addition to the current workload. Mr. Hukill explained that if he decides to stay on with the City, he would want to overlap with the new City Engineer for a short period of time until the transition can be made without a great deal of backtracking. He further explained that by backtracking, he means that there is a plat on the agenda this evening with caveats. If the Commission approves it, and the conditions are not fulfilled and he leaves, he would not sign it if he were the consultant coming in until he was satisfied that it was right. Mayor Taylor suggested that the Commission make a recommendation about the hiring of the City Engineer, but the final decision to hire a City Engineer lies with the City Manager. Vice Mayor Jaskiewicz suggested splitting the Resolution by only including the City Engineer since the Commission is concerned about the reorganization. 7 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Attorney Cherof clarified that this Resolution does not deal with the hiring of the City Engineer. It deals only with the funding of the position and the job descriptions. These two issues are within the powers of the Commission. Once the Commission takes either one of those two actions, the powers for hiring the position fall back to the City Manager under the City's Charter. City Manager Sugerman advised that the Director of Development position is already funded. We do not have the City Engineer position funded. This Resolution approves two job descriptions, and the funding for the City Engineer which does not currently exist. We have hired an interim City Engineer for the day Mr. Hukill leaves, and we have short listed City Engineer candidates. We have an eligibility list. The final interviews are taking place this week. However, that does not mean an engineer will be selected from the group. City Manager Sugerman is hopeful he will be able to make an offer to one of the candidates from the list of three within the next week or two. However, he is not prepared to make a recommendation for a finalist at this point. Under our Charter, all department heads must be ratified by the City Commission; therefore, that ratification will come back to the Commission. City Manager Sugerman will offer the candidate contractual employment rather than Civil Service. That has sometimes presented a hurdle that was too difficult to get over. However, he might have a name to present to the Commission at the February 4 meeting. Commissioner Tillman feels Mayor Taylor made a valid point in discussing expenditures from the budget that were not anticipated. Because of these modifications, there could be negative impacts on the City's budget. He recommends taking time to review the implications of these types of impacts on the budget. City Manager Sugerman explained that the salary to be offered to the new City Engineer will be in the mid-$50,000 range annualized. The cost will be less than that for the balance of this fiscal year. If someone comes on board February 15, the expense for the balance of this fiscal year would be between $35,000 and $40,000. Approving this Resolution will set up the structure to allow for this to happen. This will have to come back to the Commission for approval of the hiring of either position. Commissioner Bradley supports moving ahead with the funding and job description for the City Engineer, but he is opposed to putting the reorganization in place. He does not feel this is a responsibility to be assumed by the Interim City Manager. He wants to wait for the new City Manager to make such a decision. Vice Mayor Jaskiewicz questioned whether this discussion could be continued at the February 4 meeting. City Manager Sugerman could continue with the interviews, and the Commission can have an opportunity to go into this issue in more depth. City Manager Sugerman explained that at the present time, the position is a combined position (City Engineer and Director of Development). If he gets to the point of interviewing 8 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 finalist candidates for City Engineer, he must be able to provide the job description. Mayor Taylor did not feel this Resolution will put that reorganization in place. He feels it is only setting up a funding source for the City Engineer and defining his job description. This will have to come back to the Commission. Commissioner Bradley suggested breaking the City Engineer position away from the Director of Development position so that the reorganization will not be implemented. He feels this Resolution has many implications. He also pointed out that this Resolution will place the Director of Development over the Economic Development Director. Commissioner Bradley has a problem with this move because that position does not need another layer of bureaucracy. He is not certain the Planning and Zoning Director needs that extra layer either. There have been numerous meetings with the Chamber of Commerce where discussions took place about cutting the beauracracy so that the system can run smoothly. Commissioner Bradley sees the need for the Director of Development, but we need to look at this very carefully. The new City Manager needs to know exactly what he/she wants and be ready to implement that with the Commission's blessings. In response to Commissioner Tillman's question, Attorney Cherof advised that the Resolution can be modified to approve the job description and funding for the City Engineer. Motion Commissioner Tillman moved to amend the proposed Resolution to approve the job description and funding for the position of City Engineer. Vice Mayor Jaskiewicz seconded the motion. Vice Mayor Jaskiewicz questioned whether or not we have advertised the Director of Development position. City Manager Sugerman said it has not been advertised as proposed in tonight's packet. This Resolution was the first step to allow anything else to go forward. City Manager Sugerman confirmed that the current job description for Director of Development will remain in place. However, we will not fill the position because we would like to modify the description. The motion carried 5-0. 3. Proposed Resolution No. R97-13 Re: Authorize execution of Interlocal agreement between Palm Beach County and the City of Boynton Beach reference improvements to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad 9 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Vice Mayor Jaskiewicz pointed out that this agreement indicates a possible completion date for the end of this year pending no acquisition of land necessary. She explained that the assumption has always been that all of this was in right-of-way. She questioned whether Mr. Hukill had any reason to think it might not be. Mr. Hukill responded negatively. He explained that both parties have agreed that this project will be completed this year since it is not a lengthy project. We do not anticipate any additional right-of-way, but something may surface when the consultant comes in. If right-of-way becomes an issue, and it must be condemned, the time line will change. The County wants to get this project done. Vice Mayor Jaskiewicz referred to the reference to the City's responsibility for lighting which is noted on Page 3. Mr. Hukill explained that the Commission will have the option of including the lighting. FPL provides the City's lights. We lease the poles and the energy at a cost of approximately $9 per month. If we want to provide the lighting, we will enter into an agreement and pay the monthly charge. In response to Mayor Taylor's question, Mr. Hukill advised that the next step is to award the design. Commissioner Bradley confirmed that when the project is bid out, we will then know how close we are to the $750,000. He questioned whether any overage could be used by the City. Mr. Hukill explained that the County will pay up to $750,000. They will take any overage. Commissioner Bradley requested that staff keep in mind the consideration of including the best possible landscaping enhancements and amenities. Mr. Hukill agreed that this is staff's intention. Since there is a list of priorities, with landscaping toward the bottom of the list, he is hopeful the $750,000 will reach past that point. If it does not, the landscaping would either have to be delayed, or the Commission would have to find the money for it. Mr. Hukill advised that we will know if the landscaping is included in the $750,000 when the contract is bid out. 10 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 4. Proposed Resolution No. R97-14 Re: Authorize execution of contract between the City of Boynton Beach and the Palm Beach County Housing Authority providing for supplemental law enforcement at authority locations Vice Mayor Jaskiewicz questioned the funding of this item. There is an indication that the City will supply $42,175. She asked if this money is on hand, or whether this is an additional expense. She further questioned whether this is funded in the Public Safety Budget. City Manager Sugerman said his understanding of this issue is that this is a 100% reimbursement contract. Mayor Taylor advised that he had the same question because this claims the City of Boynton Beach will supply a police cruiser, maintenance, uniforms necessary, etc. for a total of $36,675. If the City is providing this money, where will it come from? Mayor Taylor said he supports this project, and it is an outstanding program; however, he wants to know if this is additional money the City does not have budgeted. With no one from staff available to respond to the question, City Manager Sugerman suggested tabling this item. Mayor Taylor said he does not want to table the item, but wants everyone to be aware that this is an additional $40,000 that was not in place. Commissioner Titcomb advised that at the Florida Municipal League Legislative Conference in Tampa, he picked up a number of grant program brochures from Washington, D. C., that reference money specifically for programs such as this. He passed those brochures on to the Police Department. From a cursory review of those brochures, he is quite certain this type of expense would be covered under those grant programs from the Federal Juvenile Justice Funds. The funds would not be hard to find if they are not already accounted for. E. Payment of Bills - December, 1996 Commissioner Titcomb referred to "Bills over $10,000". There is a payment for R&S Integrated Products for software and installation. He is aware of some problems in terms of installation of software services in some of the departments. He questioned whether this company is involved in those problems. If they are involved, is there any leverage to clear up problems? City Manager Sugerman advised that R&S Integrated is the company that installed our document imaging system. There will be a presentation at next month's meeting to apprise the Commission of what has been installed. City Manager Sugerman is not aware of any 11 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 problems. Commissioner Titcomb said there have been problems through the Library services. Therefore, those problems are unrelated to R&S Integrated. G. Approve Task Order No. 34 for professional engineering services from CH2MHILL in an amount not to exceed $29,000 Commissioner Bradley commented that from a taxpayer's standpoint, sometimes professional or consulting services are looked down upon. In discussion with the Utilities Department, Commissioner Bradley learned that the work done by CH2MHILL is exemplary and it is difficult to find their kind of expertise in one individual. They provide a tremendous amount of back-up material and provide world-wide expertise. We are very appreciative of their service. Mayor Taylor agreed that the City has a long history with this company, and we have not heard any complaints about their service. Motion Vice Mayor Jaskiewicz moved to approve Items C-1, C-2 as modified, C-3, C-4, E and G. Commissioner Tillman seconded the motion. Commissioner Bradley asked Attorney Cherof to provide the language for the modification to Item C-2 (Resolution). Attorney Cherof advised that the Resolution will be amended. The Commissioners will not sign it this evening. It will be circulated at a later date. The motion carried 5-0. IV. CITY MANAGER'S REPORT: A. Report on establishment of the Christmas Holiday for City employees City Manager Sugerman reminded the Commissioners of the discussion which took place at the last City Commission meeting relative to consideration of moving the traditional Christmas Eve holiday for calendar year 1997 to Friday, December 26, rather than Wednesday, December 24. After a survey which provided no definitive decision, senior staff discussed this issue and decided to retain the Christmas Eve day off on Wednesday, December 24. Any employees wanting off on Friday, December 26, can submit a request for a vacation day in advance. 12 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 No action is needed by the Commission. Commissioner Titcomb is aware that certain departments have internal rules preventing employees from taking vacation days prior to or following holidays. Perhaps the City Manager will consider waiving those rules where they may apply. B. Establish a workshop date for the stormwater utility and swale construction project During the last meeting, there was discussion about setting a workshop date regarding the stormwater utility. However, no date was set. There was also mention made of workshopping the issues of the Community Appearance Codes, swale parking, Sign Ordinances, and newspaper racks. Although the newspaper rack issue is being researched by the City Attorney, it can be brought forward at the workshop meeting. Commissioner Bradley recommended inviting the Planning and Development Board members to the workshop meeting. Attorney Cherof advised that a special meeting will be required during the week of February 10 to accept the individuals who qualify for the election. Consensus There was a consensus of the Commission to conduct this workshop meeting on Friday, February 7, 1997, from 4:00 p.m. until 6:00 p.m., at City Hall in the Mall. C. Marina Project Update City Manager Sugerman advised that at this point, the submittal from the developer is at the staff level. They have submitted an application to the TRC. In November or December, staff performed a first-round analysis of the application and had a significant number of comments. The applicant went back and revised the application and plans, and resubmitted one week ago for the second round of comments. They did not complete the submittal. They have advised that they removed one of their consulting engineers who was performing the civil engineering part of the application. On the resubmittal, a number of things were lacking. The TRC reviewed that resubmittal this morning, and staff noted the lacking items. Staff is in the process of making comments. The comments are extensive and voluminous including the fact that some of the submittals are still lacking. Staff is trying very hard not to hold up the project. Therefore, the project will move to the second step which is a review by CRAB on February 10. The project will go forward with all of the staff comments including comments that the submittal is not complete. Commissioner Bradley questioned whether civil engineering refers to paving and drainage. 13 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 City Manager Sugerman responded affirmatively, but clarified that there are also issues of easements, access and utilities. Staff is taking the position that their ultimate submittal to be considered by the City Commission must meet certain Code requirements and infrastructure improvement requirements in order to be permitted. In response to Mayor Taylor's question relative to whether or not the applicant has been advised about what is needed and required, Mr. Hukill responded affirmatively. He advised that the applicant's agent was present. He said they characterized the improvements they had not complied with as being civil engineering. Mr. Hukill disagreed. The issues involved things such as building, City right-of-way and setbacks. These are Planning and Zoning issues. The applicant's agent was fully aware of the comments made and comments that will appear later on because there is insufficient information for staff to make a comment at this point. Bob Currie, Steve and Gary were present at the meeting and are aware of what is lacking. Commissioner Bradley feels it is good they are aware of what is required of them because of the fact that we have been trying to stay on a time schedule and make everything work the way it should. City Manager Sugerman reiterated that staff is doing everything possible to move this project forward; however, there will be hard decisions to be made by the Commission because of the things that are lacking on the part of the applicant. Mayor Taylor will contact the agents tomorrow to find out what they intend to do about the items that are lacking. Commissioner Titcomb pointed out that during the recent workshop, the Commission learned that voluminous comments are becoming a philosophy of staff to make sure that all bases are covered as part of the submittals and as part of the public record. V. ANNOUNCEMENTS & PRESENTATIONS: B. Consider making a Donation to the Atlantic High School Eagle-ettes in the matching amount of $3,000 so that they can attend a National Competition Performance in Los Angeles during the month of February Carrie Kessler, Co-Captain of Eaale-ettes and Missv Dunbar, First Lieutenant, introduced the Eagle-ettes who were present in the audience. Ms. Kessler is an IB student at Atlantic High School and a four-year member of the Eagle-ettes. The Eagle-ettes & Company is an accomplished dance team consisting of 53 members. In 10 of the last 12 years, the Eagle-ettes have been winners at both State and National championships. They are the only dance team in Palm Beach County to consistently place first, second, or third in national competitions. The Eagle-ettes have also received international recognition 14 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 when they traveled to Tokyo, Japan to participate in a competition. They placed second overall. They have performed at two Superbowl games. They also perform at the Miami Heat and Miami Dolphin half-time shows. On December 16, they performed at the Miami Dolphins Monday-night football game. The Eagle-ettes perform at local functions such as the Christmas Parade, Boynton's G.A.L.A., and at the Boynton Beach Mall. The Eagle-ettes have qualified to participate in a national competition to be held in Los Angeles in March. The total cost for participation is $35,000. They have raised $10,000 and anticipate raising an additional $5,000. Their request is for $10,000 from the Boynton Beach City Commission. They will also request $10,000 from the Delray Beach City Council. This will cover the $20,000 they need to be able to participate in this competition. Ms. Kessler reminded the Commission that the Eagle-ettes & Company is a non-profit organization which is totally funded by the students, parents and alumni. Commissioner Titcomb referred to a fund that used to be available through the Community Relations Board to handle requests such as this. He questioned whether or not that process still exists, and if it does not, whether there is any other money available to be able to give to this request and others like it. Vice Mayor Jaskiewicz advised that she was on the Community Relations Board when the Eagle-ettes made a request. The Board was operating with a $25,000 budget. Requests were presented, and the board would make a recommendation to the City Commission. When the City's budget went down to bare bones, that budget was eliminated. Vice Mayor Jaskiewicz is hopeful that such a fund can be reinstated in next year's budget so that requests such as this could go through that process. While she realizes how worthy this request is, she is not certain where this amount of money would come from. Mayor Taylor pointed out that the agenda item requests $3,000. Mayor Taylor is familiar with the history of the Eagle-ettes, and has seen them perform. They are excellent in what they do. Requests such as this are very difficult because it is similar to denying your own child because you do not have enough money. The Eagle-ettes are only one group of many of the local schools. If we support this request, it will be very difficult to deny another group in the future. The City has tremendous money concerns that have to be looked at, and when requests like this one come in, they have to be weighed responsibly because taxpayers' dollars are being disseminated. In the past, the Commission has given $600. Mayor Taylor is willing to provide a smaller offering, he cannot approve the request that is being made this evening. In response to Commissioner Titcomb's question, City Manager Sugerman advised that there is no place earmarked in the budget for community groups. All funds would come out of Contingency. Motion 15 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Bradley moved to expend $1,000 for the Eagle-ettes. Vice Mayor Jaskiewicz seconded the motion. Dave Katz. 742 NW 11 Street. advised that Ms. Kessler made an error in requesting $10,000. The Eagle-ettes are looking for $3,000 which is important because the City of Delray Beach will match that donation. He pointed out that these students are not at-risk kids. They are raising $15,000, and this is a very well thought out plan. As a member of the Commission for two years, Mr. Katz eagerly motioned to donate $2,500 each year to send this group to a competition where they represent Boynton Beach and Delray Beach. They deserve the $3,000 for the work they do. He advised the Mayor that the $600 that was mentioned earlier was an error. The City co-sponsors a sign with the City of Delray Beach which costs $150 a year. He urged the Commission to support this request. The motion carried 4-1. (Mayor Taylor dissented.) A. Announcements: 1 . TUNES IN TOWN CONCERT - January 24, 1997 - 5:00 p.m. to 8:00 p.m. - Oceanfront Park - CHEEX - TOP 40 Mayor Taylor made this announcement. 2. Special City Commission Meeting to review resumes of applicants for the POSITION OF CITY MANAGER - January 28, 1997 - 6:30 p.m. at City Hall in the Mall Mayor Taylor made this announcement. Mayor Taylor advised that he neglected to add an additional announcement at the beginning of the meeting. Motion Commissioner Bradley moved to add an announcement to the agenda. Commissioner Tillman seconded the motion which carried unanimously. 3. Town Meeting - Commissioner Maude Ford Lee - Wednesday, January 22,1997,6:00 p.m., in Commission Chambers Mayor Taylor announced that Commissioner Maude Ford Lee will be present in Commission Chambers on Wednesday, January 22, 1997, at 6:00 p.m., to provide an update on community issues. There will also be a special presentation by Ken Montgomery, Executive Director of the Palm Beach County Work Force Development 16 . . MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Board. a. Presentations: 1 . Presentation by State Representative Andrews of two (2) grant checks to the City Commission a. Boynton Beach Elementary School Project b. Boynton Beach Library Automation (COALA) Project Mayor Taylor introduced State Representative William Andrews. Representative Andrews presented two checks from Sandra Mortham, Secretary of State. One check was the quarterly payment for the window replacement for the Boynton Beach Elementary School Acquisition and Development project in the amount of $6,250. The second presentation was a check in the amount of $40,287.25 for the Library Services and Construction Act. Mayor Taylor requested that Representative Andrews extend our thanks to Sandra Mortham. Representative Andrews advised that he is now the Chairman of Education K-12 for the House of Representatives. There is an issue he believes will succeed this year that deals with cities running their own school as a sub-district of the existing district. This legislation has been technically reviewed, and they are comfortable that it can succeed. The City Commission would take on the responsibility for what is going on in the schools. Some communities are very anxious to get started and some are very cautious. Representative Andrews is looking forward to seeing this happen. He encourages the Education Advisory Board to learn more about this plan by attending the local School Board meetings. This bill is different from a charter bill because the city would not have to take on the responsibility for the entire school. The current legislation would allow the city to negotiate the parts of running the schools that it wants to do. He is looking forward to encouraging more diversity in the educational process. This is an attempt to get education moving in areas where people want to volunteer. Representative Andrews advised that we can look forward to many new things coming out of K-12 this year. 17 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 2. Proclamations: a. Memorializing Peter L. Cheney Mayor Taylor read a Proclamation memorializing former City Manager Peter Cheney of the City of Boynton Beach. b. School Nurse Day - January 29, 1997 - Accepted by Carol A.Addeo Mayor Taylor read a Proclamation declaring January 29, 1997, as "School Nurse Day". Ms. Addeo was presented with the Proclamation. c. Four Chaplains Sunday - February 2,1997 - Accepted by Gerald Levine, Chairman, Boynton Veterans' Council Mayor Taylor read a Proclamation declaring February 2, 1997 as "Four Chaplains Sunday". Mayor Taylor urged everyone to attend a special program at Ascension Church on Sunday, February 2. VI. BIDS: None VII. PUBLIC HEARING: A. Project: Boulevard Center APPLICANT REQUESTED POSTPONEMENT TO FEBRUARY 4, 1997 Agent: Charles Putman and Associates, Inc. Owner: Howard S. Scharlin, Trustee Location: South side of Boynton Beach Boulevard between South Leisureville Boulevard and NW 8 Street Description: LAND USE PLAN AMENDMENT/REZONING/ COMPREHENSIVE PLAN TEXT AMENDMENT - Request to amend the Comprehensive Plan Future Land Use Map designation of a 2.5 acre parcel from Moderate Density Residential to Local Retail Commercial, rezone from R-1-AA (PUD) to C-2, Neighborhood Commercial, and amend Area 7.a of the Comprehensive Plan Future Land Use Element to allow commercial use. Although the agenda shows that the applicant requested a postponement until the meeting on February 4, the request is actually for a postponement until February 18. 18 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Consensus There was a consensus of the Commission to grant the postponement until the meeting to be held on February 18. VIII. PUBLIC AUDIENCE: Dave Katz. 742 NW 11 Street. reprimanded the Commissioners for the action they took with regard to the Eagle-ettes. IX. DEVELOPMENT PLANS: Attorney Cherof administered the oath to all who would be testifying this evening with respect to this application. A. Project: Agent: Owner: Blockbuster Video at Boynton Lakes Plaza Stephen M. Page, Nichols/Page Design Associates, Inc. Boynton Lakes Plaza Partnership c/o FRU-CON Development Corporation Southeast corner of Congress Avenue and Hypoluxo Road SITE PLAN - Request for site plan approval to construct a 5,500 square foot video store on a .765 acre leased outparcel within the Boynton Lakes Plaza Location: Description: SteDhen M. Paae. 8581 Northlake Drive. Plantation. is the architect working for Blockbuster Entertainment. Mr. Page advised that he received the conditions that staff proposed and did not find any of the conditions unacceptable. Tambri Heyden, Planning and Zoning Director, advised that she is willing to delete Comment #24 since she has seen samples. In addition, the applicant indicated he has no problems with any of the comments. However, staff and the applicant had lengthy discussions about elevation modifications. Staff made a recommendation in Comment #31 to alter the elevations to include more offsets and control joints. Mr. Page did not have a problem with the remarks made by Ms. Heyden. Motion Vice Mayor Jaskiewicz moved to approve the request for site plan approval to construct a 5,500 square foot video store on a .765 acre leased outparcel within the Boynton Lakes Plaza, subject to all staff comments and with the deletion of Comment #24. Commissioner Bradley seconded the motion which carried 5-0. X. NEW BUSINESS: 19 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 A. Items for discussion requested by Commissioner Jamie Titcomb 1 . Discussion of Funding to replace Chapel Hill Entranceway Sign removed by the City Commissioner Titcomb reminded the Commissioners that he has been working on the neighborhood signage entryway graphic prototype package. He met with staff, and learned that some of the hurdles he anticipated were not very large. However, one of the key components in instituting a program such as this still points to the fact that neighborhoods need associations in place to effect the processes which are on the books. In early December, Commissioner Titcomb raised questions about the Chapel Hill entry wall that was cracked and damaged from tree root damage and vandalism. The wall was unsightly as well as a potential public safety hazard. As a result of those comments, within 48 hours, the City removed the wall and left a sandy lot area where the wall had stood since the early 1960s. There is an additional wall on the north side of Chapel Hill Boulevard. Melaleuca trees exist behind both walls. Commissioner Titcomb took on the project of trying to find a way to replace both walls. He has volunteers who are willing to landscape and maintain them, but a neighborhood association has not formed, and there is no mechanism in place to replace the wall. Getting the neighborhood signage entryway graphic prototype program in place would probably take 1 V2 to 2 years. Commissioner Titcomb spoke with developers and construction companies and received verbal commitments for reconstruction of the wall. The quote received would be approximately $2,500 to replace the structure that was removed. This quote is in line with another verbal quote he received from a construction company and City staff. For an additional $700, the contractor would visually modify the existing wall on the north. Commissioner Titcomb requested that the City fund the replacement of this wall due to the fact that it left an unsightly situation in the area. Commissioner Titcomb explained that he had not anticipated the quick removal of that wall. It would have been better to time the removal so that the new wall could have been constructed when the old wall was removed. Vice Mayor Jaskiewicz recalled that this wall was removed as a courtesy following a request because it was so unsightly. Vice Mayor Jaskiewicz said she discussed this situation approximately one year ago with Carrie Parker Hill who advised her that the wall was constructed by the developer, but it encroached on City property. As a courtesy, the City was making repairs. She does not feel it is the City's responsibility to pay for the replacement wall. Commissioner Titcomb was of the opinion that the wall has been repaired privately over the years. However, Vice Mayor Jaskiewicz disagreed and said Bob Eichorst could confirm that the City has repaired the wall at times. 20 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Titcomb further explained that this was a platted property which was developed in the 1960s before the rules and Ordinances that allow for these things were in place. There isn't an association and there isn't a mechanism to make this project happen through normal channels of the City. Staff has advised that the language in the LDRs and Ordinances allows for this. The procedure to pull the permit is an administrative permit for $35. However, there is a requirement for representation from a neighborhood or recognized neighborhood body. In the absence of a neighborhood association, Commissioner Titcomb is acting as that representative in bringing this request forward. The Recreation and Park Department is ready to address the removal of the Melaleuca trees. Commissioner Tillman inquired whether any of the neighbors are willing to contribute toward the financing of this wall. Commissioner Titcomb responded affirmatively. He has received phone calls of willingness to contribute financially and in-kind services in terms of construction, landscaping and maintenance. However, there is no mechanism to allow putting in the wall and assessing the property owners of Chapel Hill to pay for it or go around and collect for these services. Vice Mayor Jaskiewicz questioned whether or not a determination had been made about this being City property. Commissioner Titcomb explained that the wall sat on City right-of-way and the medians are City right-of-way. Mayor Taylor questioned whether the $2,500 plus $700 covers the removal of the trees. Commissioner Titcomb responded negatively. He said he was told this removal could be handled as a City function. Commissioner Titcomb was not aware of the internal cost for that tree removal. Charles Frederick, Recreation and Park Director, explained that it is his understanding that the tree behind the missing wall section is not in the right-of-way, but that it is on the property line. That will have to be reverified. He guesses it is probably in the right-of-way, or was originally planted in the right-of-way, as most of the Melaleuca trees were. As the trees grow, the trunks grow and encroach onto private property. The tree behind the existing wall will also have to be checked. The City is trying to eliminate Melaleuca trees throughout the City; therefore, we have a crew that could remove those two trees. If there is a question about ownership and the property owners do not object, removal of the trees will not be an issue. Commissioner Bradley is concerned that the Commission may set a precedent by approving this. Even though the Commission wants neighborhood associations to seek assistance from the City to improve areas like this, if a group of associations came forward, it would be a constraint on our budget. 21 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Vice Mayor Jaskiewicz pointed out that when Coquina Cove faced this same problem, they bore the expense of the wall and the City even charged for the permit. Mayor Taylor was of the opinion that Coquina Cove had an association. The Chapel Hill wall is almost like a landmark at the south end of the City. The Commission has discussed homeowners' associations starting to identify their neighborhoods with these walls. Perhaps this is a chance for the City to show what is possible. Work was done in the north end to upgrade the neighborhood, and this could be a chance to start something in the south end. Commissioner Bradley suggested that funds are available because the position of Neighborhood Specialist was not filled. He would like to see the City move forward with this program, but he would like to budget the money and make this part of a program to be implemented by the Neighborhood Specialist. Commissioner Titcomb questioned whether this program could be tied to a mini- neighborhood grant program where the City can tie in the seed money necessary to do a project like this with a contingency that a neighborhood form an organizational structure and create a mechanism that gives the City additional benefit beyond the image of public relations. Mayor Taylor suggested using this wall as a model for other organizations. Commissioner Tillman feels this should be a stand-alone example. Vice Mayor Jaskiewicz is not in favor of funding this amount of money unless the City can do it for every homeowners' association. Coquina Cove had to pay the entire amount of money plus permit fees. There are other types of signage that are much less costly than a wall. Vice Mayor Jaskiewicz anticipates that approval of this request will bring in many homeowners' associations throughout the City. Commissioner Titcomb agreed with Vice Mayor Jaskiewicz' comments; however, he feels this wall is a landmark to the City. It is important to look for mechanisms or put limits on participation by the City or other conditions of moving forward on a project like this. In this case, this is an attempt to accelerate the repair of this visual situation and rectify the fact that we did not have to take out the wall without regard to how it would be replaced. The City has created a problem without a solution. Commissioner Tillman feels Vice Mayor Jaskiewicz' points were valid. In order to come to an amicable solution, he suggests asking staff to review some funding source that might not be cost prohibitive and at the same time, it will not look as if the Commission is servicing one sector of the City without servicing another sector. If staff can come up with a method which is not cost prohibitive, he would not have a problem approving it. 22 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Titcomb reiterated that the constituents who spoke with him are more than willing to pay for the wall. His discussion about a mechanism is two-fold: 1) to get this done quickly, and 2) if the money cannot get to this project, we have the mechanisms to assess geographically the property owners through utility billing. Commissioner Bradley suggested offering a no-interest loan. However, Commissioner Titcomb pointed out that we need a mechanism to do that. Commissioner Bradley wondered if the City could legally lend the association the money to do the improvement and they will pay back the City. Commissioner Titcomb feels there is no guarantee an association would form. Vice Mayor Jaskiewicz is certain this community could be rallied to do the improvement. The City could provide guidance if necessary. Pea Heffernan. 902 Chapel Hill Boulevard. feels people do not like assessment taxes. She suggested that the City split the cost. She further questioned whether the City would accept a personal donation to put the wall back in place. Vice Mayor Jaskiewicz explained that the purpose of neighborhood associations is to improve and organize neighborhoods. Dottie Cox. 914 Chapel Hill Boulevard. said there is garbage collecting in the area where the wall was located, and people are placing small signs in the area. She asked for assistance from the Commission to expedite the replacement of the wall. Mayor Taylor pointed out that although there is no neighborhood association in existence, he is certain there are more property owners in the community who would like to get involved. He suggested soliciting the neighbors to see if they would like to contribute to the cost of the improvement. He offered to give an additional two weeks to see how much money the two ladies could come up with. In the meantime, staff will review the City's funding sources. Ms. Cox questioned whether there is a way to make a donation. Mayor Taylor recommended that Ms. Cox keep a record of who makes a donation, and how much that donation is. The City will take care of the removal of the trees at no cost to the property owners, and perhaps contribute some money to the construction of the wall. Commissioner Bradley feels one of the problems is that the public has a perception that elected officials are self-serving. Although Commissioner Titcomb has only the best in mind for this area, there might be a perception that this City charged an association to put a sign up, but is paying for the construction of a sign in an area where a Commissioner lives. That perception will reflect badly on the City as a whole. City Manager Sugerman pointed out that with no homeowners' association in place, there 23 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 is no one to apply for a permit to have this reviewed, approved and installed. If this moves forward, there still must be an applicant for the permit. Commissioner Titcomb reiterated that all the rules and regulations say you can do this, but there are roadblocks in every direction. City Manager Sugerman advised that this can be approved on an administrative basis, but there must be an applicant. From a legal standpoint, in the absence of a homeowners' association, what gives Commissioner Titcomb or anyone else the right to request the construction of these signs. They are speaking for the whole neighborhood. This is a community of several hundred homes. Mayor Taylor advised that staff will investigate this situation further, and bring this back in two weeks. During this time, Commissioner Titcomb will attempt to make further contacts in the area. Commissioner Bradley feels the Commission may be able to justify the expenses involved with this request because the City moved too hastily. 2. Discussion about Bill Hukill This item was discussed earlier in the meeting. B. Consider making a Donation to the Atlantic High School Eagle-ettes in the matching amount of $3,000 so that they can attend a National Competition Performance in Los Angeles during the month of February This item was discussed earlier in the meeting. XI. LEGAL: A. Ordinances - 2nd Reading - Public Hearing Motion Commissioner Bradley moved to remove the tabled Ordinances from the table. Commissioner Tillman seconded the motion which carried unanimously. 1. Proposed Ordinance No. 096-49 Re: Amending Chapter 1 of the Land Development Regulations, General Provisions 24 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Attorney Cherof read Proposed Ordinance No. 096-49 by title only. Mayor Taylor announced the public hearing. Tambri Heyden, Planning and Zoning Director, advised that the Planning and Development Board offered two recommendations: 1. that appeals go to the Planning and Development Board as well as the City Commission; and 2. combining the functions of the CRAB Board with the Planning and Development Board with respect to site plan review. Mayor Taylor advised that the point made was that if staff rejected a plan, it did not go to the Planning and Development Board. Ms. Heyden explained that some of the appeals go to the Board of Zoning Appeals and some go to the City Commission. Planning and Development wants to be part of the loop when the rejection is at staff level. Bill Hukill advised that he sent three letters to the City Attorney. One of the letters addressed future considerations which included a suggestion for the Commission to discuss whether the Planning and Development Board could become a quasi-judicial board rather than an advisory board. If that happens, the Planning and Development Board would get the appeals. At present, zoning appeals go to the Board of Zoning Appeals. Another point addressed in that letter was that a study be made of the realignment of CRAB, particularly with respect to projects they review. Mr. Hukill supports the Planning and Development Board's position to hear the appeals if they have the authority to grant an appeal. At present, they do not have that authority. In addition, there was a suggestion that ground sign, pylon sign and building height definitions be added. Mr. Hukill has added those definitions. Also, Ms. Heyden suggested that the way technical review is written, it kept the project going around in circles to the TRC and never got to an appeals commission. That language has been stricken. In response to Vice Mayor Jaskiewicz' question, Attorney Cherof recommended that the Commission proceed with the adoption of this Ordinance, and then revisit the issue of the roles of the board. Mr. Hukill reminded the Commissioners that a suggestion was made during the last workshop meeting that the Commission conduct another workshop to discuss the type of board the Planning and Development Board will be. Mayor Taylor agreed that the Commission will workshop the issue of the board. Motion 25 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Bradley moved to approve Proposed Ordinance No. 096-49 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 096-50 Re: Amending Chapter 1.5 of the Land Development Regulations, Planning & Development Generally Attorney Cherof read Proposed Ordinance No. 096-50 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-50 as read. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 096-51 Re: Amending Chapter 2 of the Land Development Regulations, Zoning Attorney Cherof read Proposed Ordinance No. 096-51 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-51 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 096-52 Re: Amending Chapter 2.5 of the Land Development Regulations, Planned Unit Development Attorney Cherof read Proposed Ordinance No. 096-52 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-52 as read. 26 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 5. Proposed Ordinance No. 096-53 Re: Amending Chapter 3 of the Land Development Regulations, Master Plan Review Attorney Cherof read Proposed Ordinance No. 096-53 by title only. Mayor Taylor announced the public hearing. Mr. Hukill advised that a sentence has been included relative to the tree survey and tree management plan. It directs interested parties to the Chapter 7.5 Landscaping Plan. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-53 as read. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 6. Proposed Ordinance No. 096-54 Re: Amending Chapter 4 of the Land Development Regulations, Site Plan Review Attorney Cherof read Proposed Ordinance No. 096-54 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-54 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 7. Proposed Ordinance No. 096-55 Re: Amending Chapter 5 of the Land Development Regulations, Platting Attorney Cherof read Proposed Ordinance No. 096-55 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion 27 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Bradley moved to approve Proposed Ordinance No. 096-55 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 8. Proposed Ordinance No. 096-56 Re: Amending Chapter 6 of the Land Development Regulations, Required Improvements Attorney Cherof read Proposed Ordinance No. 096-56 by title only. Mayor Taylor announced the public hearing. Mr. Hukill reminded the Commissioners of the lengthy discussion which took place at the workshop meeting relative to surety for landscaping in subdivisions. Our response was to move landscaping into required improvements, which would place it in this chapter. However, we agreed this is something that will be done in the future. It is included in the future LDR revisions. Commissioner Tillman left the dais. Therefore, there is no change to this Ordinance. It is the first item on a list of things to be done in the future. Mr. Hukill added that a Landscape Code exists that was developed approximately five years ago that should be included if it has any validity. Mr. Hukill has never seen it, and it has never been adopted. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-56 as read. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Commissioner Tillman was away from the dais.) 9. Proposed Ordinance No. 096-57 Re: Amending Chapter 7.5 of the Land Development Regulations, Environmental Regulation Attorney Cherof read Proposed Ordinance No. 096-57 by title only. Commissioner Tillman returned to the dais. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-57 as read. 28 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 10. Proposed Ordinance No. 096-58 Re: Amending Chapter 8 of the Land Development Regulations, Excavation and Fill Regulations Attorney Cherof read Proposed Ordinance No. 096-58 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-58 as read. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 11. Proposed Ordinance No. 096-59 Re: Amending Chapter 9 of the Land Development Regulations, Community Design Plan Attorney Cherof read Proposed Ordinance No. 096-59 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-59 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 12. Proposed Ordinance No. 096-60 Re: Amending Chapter 20 of the Land Development Regulations, Buildings, Housing & Construction Regulations Attorney Cherof read Proposed Ordinance No. 096-60 by title only. Mayor Taylor announced the public hearing. There was no one present in the audience who wished to speak on this Ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-60 as read. 29 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 13. Proposed Ordinance No. 096-61 Re: Amending Chapter 21 of the Land Development Regulations, Signs Attorney Cherof read Proposed Ordinance No. 096-61 by title only. Mayor Taylor announced the public hearing. Mr. Hukill advised that there are changes to Section 6.C.5. relative to neighborhood signs, neighborhood associations, and residential developments. At the Visioning Conference, and through a number of neighborhoods, the City was asked to find a way to allow signs. The City determined neighborhood associations have the same rights as property owners associations. Mr. Hukill recommended that the Commissioners read this with regard to the discussion about the Chapel Hill sign. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-61 as read. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 14. Proposed Ordinance No. 096-62 Re: Amending Chapter 22 of the Land Development Regulations, Streets and Sidewalks Attorney Cherof read Proposed Ordinance No. 096-62 by title only. Mayor Taylor announced the public hearing. Mr. Hukill referred to previous discussions about when sidewalks should be required. Staff has modified the wording so that it is preceded by the following, "Prior to the issuance of any CO for any improvement exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk... ". Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 096-62 as read. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 15. Proposed Ordinance No. 096-63 Re: Amending Chapter 23 of the 30 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Land Development Regulations, Parking Lots Attorney Cherof read Proposed Ordinance No. 096-63 by title only. Mayor Taylor announced the public hearing. During the workshop meeting, there were comments about the abbreviation "etc." as it related to parking lots downtown. Mr. Hukill changed "etc." to "drainage". He also included a notation that it is the Director of Development's responsibility as the administrative officer of this chapter. Commissioner Bradley questioned whether the discussion about wheel stops is included in this Chapter. Mr. Hukill advised that there are no wheel stops. Instead, there are landscaped areas between the parking rows. That is what was in the Ordinance at the time of the meeting, and there was no request to change that criteria. Commissioner Bradley questioned whether the current requirement for drainage and lighting would be eliminated if this Proposed Ordinance is passed. Mr. Hukill responded negatively and explained that he removed the curb stops which were required in every other row of parking. Landscaping is now included. The requirements have been relaxed for existing parking lots so that there is a lower level of performance in order to improve a parking lot. It will not be necessary to do everything. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-63 as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 097-01 Re: Amending Ordinance 096-48 to declare an additional moratorium through and including May 6, 1997 for the placement of wireless telecommunications facilities Attorney Cherof read Proposed Ordinance No. 097-01 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 097- as read. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The 31 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R97-17 Hills at Lake Eden PUD Re: Final Plat Approval - Attorney Cherof read Proposed Resolution No. R97-17 by title only. Mr. Hukill advised that when a plat comes to the Commission, it is without comments. However, in this case, there are a number of comments. Staff has commented that this plat cannot be recorded until the conditions have been accomplished. Whenever there is a condition on a plat approval, staff will not submit it for signature until everything is taken care of. The applicant was present and agreed to the conditions. Motion Vice Mayor Jaskiewicz moved to approve the final plat for the Hills at Lake Eden, subject to all staff comments. Commissioner Tillman seconded the motion which carried unanimously. D. Other 1 . Approve Settlement of Litigation Claim - Tracey Stokes vs. City of Boynton Beach Wilfred Hawkins, Assistant to the City Manager, advised that this is the result of a claim from the Police Department where the plaintiff was arrested. The criminal court found him not guilty. He filed a lawsuit against the City for false arrest and other charges. His original demand was $50,000. It was negotiated down to a $5,000 settlement. Motion Commissioner Bradley moved approval. Commissioner Tillman seconded the motion which carried unanimously. 2. Consider Code Enforcement Board's recommendation for Reduction of Lien for Jerry Hyman, 1104 South Seacrest Boulevard The applicant requested a postponement until the meeting of February 4, 1997. 32 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 Attorney Cherof brought up a point of clarification with reference to the Land Development Regulation changes. He advised that one of the changes impacted a developer who had a representative present in the audience. The change relates to the elimination of certain types of surety in relationship to developments. The developer has a conditional type of surety posted. Attorney Cherof clarified that the release of that surety, although traditionally approved by the Commission, is an administrative function. Unless there is an objection by the Commission, we need to have that document, releasing the surety, signed within the next couple of days. Bettina Scherer. Proiect Partner with Trammel-Crow Residential. owner of Vinings /I project, was present. In light of the Code revisions adopted this evening, she requested that the Commission move to release the infrastructure surety currently in place for Vinings II. It is no longer required. Attorney Cherof advised that if the Commission makes such a motion, the City Manager can execute the document in the absence of anyone else. Motion Commissioner Bradley moved to release the appropriate surety for the Vinings II project. Commissioner Tillman seconded the motion which carried unanimously. City Manager Sugerman confirmed with Ms. Scherer that she would prepare the release documents. 3. S.C.R.W.T.D. Request Attorney Cherof advised that a few memos have been received from the S.C.R.W.T.D. Board advising that they are involved in a reuse project known as the Northwest Reuse Project. The City has a requirement of the Code that they post a restoration bond for work that is going to be conducted within the City. The contractor has a payment and performance bond posted in favor of the Board in the event there is failure to complete the project. It also applies to liability in the event the project results in damage to adjacent property. The Board is making a request that the City waive its requirement for additional surety to be posted because they feel it is redundant. In evaluating this request, the Commission must determine whether they can protect the City in the event there is damage that necessitates restoration. Mayor Taylor spoke with Bob Hagel about this matter. The surety bond is $2,418, 310. The Board is the City of Delray Beach and the City of Boynton Beach; therefore, Mayor Taylor feels the City is protected. 33 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 City Manager Sugerman explained that the $2.4 million is not surety to the City of Boynton Beach. It is surety to the Board which is made up of the City of Delray Beach and the City of Boynton Beach. This Commission must feel comfortable that this City is properly protected in front of that Board with this contractor. The City of Boynton Beach is only half of the Board. Motion Commissioner Tillman moved to waive the requirement for the posting of additional restoration surety. Commissioner Bradley seconded the motion which carried unanimously. XII. UNFINISHED BUSINESS: A. Consider request from City of Boynton Beach Black Awareness Day Committee for City to fund $18,700 to book two professional musical recording groups to perform at Black Awareness Day event on February 15,1997 Wilfred Hawkins, Assistant to the City Manager, provided a history of the origination and purpose of Black Awareness Day in the City of Boynton Beach. A community committee is involved to ensure that the activities reflect the wishes and culture of the people being recognized. The Recreation Division special events staff provides the support and expertise of planning and operating the activities. The City presents special events as a means of publicizing and promoting Boynton Beach; therefore, Black Awareness Day should be realized as the recreational/cultural component of Economic Development and Community Redevelopment similar to the way G.A.L.A., Tunes in Town, and the Christmas Parade are recognized. This year, an attempt is being made to raise the level of the presentation of this event. One of the groups the committee would like to bring to the event, endorsed by staff, is a national recording group that currently sings the song from the show "COPS" which is televised on FOX network. At the same time, the committee intends to bring in extra- curricula activities such as arts and crafts for the children. There will be additional tents for local vendors and community organizations that benefit from this event. If this entertainment group is brought in, a large crowd is expected to attend. The normal attendance at this event is between 1,500 to 2,000. This year, with this entertainment, we would expect between 2,000 and 4,000 people. This will be of economic benefit to businesses in the area as well as the non-profit groups participating in the event. In order to make this a professional-type festival, which is the goal of the committee and special events staff in the City, an investment is needed to bring it to a level where we will 34 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 be able to get additional corporate sponsors. Currently, solicitations are made through the special events staff corporate sponsorships. However, it is necessary to raise this event to a level where we can attract the sponsorships to make it a higher level of entertainment in the future. Mr. Hawkins referred to a budget which was included for review by the Commission. He explained that all other Black Awareness events are self-sustaining. The $3,000 that the City provides is used to pay overtime and associated supplies. This is the first time this type of funding request is being presented. Vice Mayor Jaskiewicz questioned whether any of the requested amount would be reimbursed to the City. Mr. Hawkins explained that this money is kept in the City. Any profit from the other activities would go into the City budget. Therefore, there will be some return to the City. However, Mr. Hawkins does not believe there will be a full return of the funds. Vice Mayor Jaskiewicz questioned whether there is money in any other fund other than Contingency that could support this request. Mr. Hawkins responded negatively. Commissioner Bradley questioned the expense of 100 dinners @ $14 each at the Catalina Centre. Mr. Hawkins said it is a reception "by invitation only" to honor dignitaries and the Commission who support this endeavor. Commissioner Bradley questioned whether any thought has been given to charging a small admission fee to this event. Mr. Hawkins responded affirmatively. In future years, this will become a gated event. However, in order to get the corporate sponsorships, it is necessary to show the attendance. In addition, there are grants available through the Tourist Development Board of the County, but a certain level must be achieved to apply for those grant funds. Commissioner Bradley inquired how overflow parking will be handled. Mr. Hawkins advised that overflow parking will probably end up along some of the neighborhood streets. The intention is to use the existing parking lot, but there will be cars along the rights-of-way. Next year, if the final phase of Hester Park is completed, we will have more parking available. Commissioner Titcomb questioned whether all revenues and expenses come and go from a City account. Mr. Hawkins responded affirmatively. Commissioner Titcomb pointed out that $3,000 is budgeted in the Publicity Fund, and a potential $18,000 item budgeted under revenue in the Entertainment Fund. He questioned whether both of these items become expenditures. Mr. Hawkins confirmed that they both become expenditures. Commissioner Titcomb pointed out that the budget indicates an $18,000 revenue, but not an $18,000 expenditure; therefore, he questions the accuracy of how this information is being presented. Mr. Hawkins explained that this sum is shown in the revenue column because 35 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 it is a first-time infusion of dollars. He further stated that it is shown in the expenditure column. Vice Mayor Jaskiewicz expressed concern about the timeliness of this request. She felt this request should have been included during the budget preparation. Mr. Hawkins said that would have been done. However, to have put this amount of money in the Publicity Fund might have brought up discussions the Commission might not have been ready to have. Mayor Taylor pointed out that this was not included at that time because no one thought of it at that time. The FAMU Band was only thought of recently. When that fell through, they came up with this suggestion. Therefore, it is only recently that they thought about doing these things. This is the problem Mayor Taylor has with this request. This suggestion has not been well thought out. When the City is going to do things like this, planning is required, and we need to know where the money is coming from. This goes back to his earlier discussion about spending money out of Contingency at whim. He questions whether he can explain giving $18,000 to a music group because it may be a draw for the City. In addition, Mayor Taylor has been told that the City instituted Black Awareness Day with good purpose in mind. He has attended the Black Awareness functions for the last few years and he questions whether the original goal is being accomplished. Not only was this event meant to showcase contributions the African-American community brings to this community, but it was also meant to bring the community together. Having attended these functions, he is not certain those goals are being accomplished. He does not feel the whole community is participating. Mayor Taylor attended the dinner on Martin Luther King, Jr. Day and other than the City Commission, there were only two other White people at the dinner. The community should know how to promote that function and get behind it. It is his opinion that this issue needs to be revisited to see what can be done to bring the community together at these functions. That will allow the City to be more in tune to put the funds together to conduct these programs. These programs need a goal, and the goal must be met. Mayor Taylor feels a committee needs to be put together to develop direction and goals. We need planning and foresight. Mr. Hawkins agreed with Mayor Taylor's remarks, but feels this is a societal problem. It is his opinion that we need to try to attract more of a cross-section. There are perceptions that have to be broken down here and across the country. One of the ways to achieve that goal is to try to raise the professionalism of this event so that corporate sponsors will be willing to invest in the future. That will attract a more diverse crowd. There are many people who feel G.AL.A is only for a certain segment of the community. Mr. Hawkins feels all of the events need to be reviewed. Mayor Taylor agreed and feels the City should not be doing G.AL.A because he believes that is a Chamber of Commerce function. 36 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 21, 1997 In response to Commissioner Titcomb's question, Mr. Hawkins confirmed that the other line items are based on projections or known attendance at other functions. He explained that this event has never run in the "red". The numbers are based upon past experience. Commissioner Titcomb observed on the budget that if the line item of $18,000 is removed, the net total at the bottom is increased and there is a net profit on the event even with the $3,000 contribution from the City. Commissioner Titcomb feels this festival can be successful without the introduction of a very big ticket entertainment venue. It is his opinion that the City should not be in the event business. He is not sure that bringing forward a big name entertainer will result in getting the sponsors and media support. The "name" will almost always guarantee the type of audience that will be drawn and the size of the crowd. Commissioner Titcomb would like the Commission to revisit that single line item of the event with more planning, and better timing, otherwise, it is just an expense to this budget. Even if attendance and memberships are increased, festivals make or break on other factors. This is already a proven event and he is concerned about the expenditure. Commissioner Tillman feels this Black Awareness program was initiated by the City, and taken on as a responsibility of the City. In order for a program to be successful, growth must be built in. If the Black Awareness committee comes in at the tail end, the City is holding the program hostage. Since this is the City's responsibility, he questioned why the City has not seen fit to budget this event accordingly and fairly. Commissioner Tillman recommends looking at the method by which we are doing things. This is where the problem lies. If the City is responsible for Black Awareness, then Black Awareness showcased in the City reflects Boynton Beach. Commissioner Tillman has a problem with this large expenditure, but feels the City needs to begin doing things fairly and responsibly. Mr. Hawkins said City staff has a concern because when they are responsible for an event, they want it to be well done, well organized, and well represented. In order to do that, money is required. If we do something that is City-sponsored, it should always be top- notch. Since 1985, G.A.L.A. has come a long way. He agreed that better planning of this event is necessary. Vice Mayor Jaskiewicz reiterated that if this same presentation had been made prior to budget preparation, she would have supported the request. In addition, she feels the Commission should be part of the planning committee. She feels it is unfair at this point to bring forth such a large request. This request is holding the Commission hostage. Commissioner Bradley wonders who we are trying to make more aware. He feels diversity is a nice issue, and it is nice to think we can get "White folk" more tuned into African- American issues and people. However, he believes a big part of Black Awareness has to do with Black people and Black pride. That does not mean "the heck with the White 37 MINUTES REGULAR CITY COMMJSS!OI\! BOYNTON BEt.CH, FLORiDA JANUARY 21, 1997 people". but it has to do with BIRCk cultul'e. As much as everyone tries to get us together better, in the higll school cafeteria you see B!acks on ane side and Whites on the other. There is somettling to be said for this eVE.'nt building and growing if just for the sake of the Black community. He is In favor of this request a.ndwili support it. Moti9n Commissioner Bradley moved TO accept staff's recommendation for Black Awareness Day with particuiar attention to the $'j 8,000 input regarding musical entertainment. Commissioner Tillman second8d the motior: which failed 2-3. (Mayor Taylor, Vice Mayor Jaskiewicz and Ccmmissioner Titcomb dissented.) XIII. OTHER: r'lone x~v, ADJOURNMENT: There being no further busI!1ess to come before the City Commission, the meeting properly adjourned at 10:00 p,rn CiTY OF BOYNTON BEACH / '. I . . ).il ,i ( <'--1 .1 (c"l..Jr.. UL<'__( : vr;;- M2:yor / /3 ATTEST: .~~~~----------- City Clerk ~ ~ )' . . - XLL IJl. /' /(a~Ju.l:z: / cording Secreta~, ----------------- (Fh/e Tapes) ..... .. 1,.IC;;JmISSIOner (~\ Commissioner ~lli --- /' ~~8 EXHIBIT "0" Conditions of Approval Project name: Blockbuster Video File number: NWSP 96-013 Reference: The olans consist of 6 sheets identified as 1 st Review. New Site Plan. File #NWSP 96-013 with a December 10. 1996 Planning and Zoning Deoartment date stamo markina. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS . 1IJf'\1IJJ: UTI L1TI ES Comments: 1. A capacity reservation fee of $194.04 is now due. and must be paid within 30 days / of site plan approval. (Sec. 26-34(E)). It is recommended that site plan approval become void if payment is not received timely. 2. Palm trees will be the only tree species allowed within utilities easements. Canopy V 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. (Sec. 7.5-18.1) FIRE . 1IJf'\1 POLICE . IIJ f'\ IIJ J: DEVELOPMENT DEPARTMENT Comments: 3. All plans submitted for specific permits shall meet the city's code requirements at time V 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 the FOOT, PBC, SFWMD and any other permitting agencies shall be included with the permit request. 4. Revise documents to reflect all comments. ./' 5. Correct the name of the plaza to Boynton Lakes Plaza on all documents. Chap. 3. j Art. IV, Sec. 3A, pg. 3-4. 6. Provide traffic impact analysis. Chap. 2, Sec. 9C4h(5), pg. 2-85 and Chap. 3. Sec. /" 3S, pg. 3-5. 7. Provide certification by developer's engineer that drainage plan complies with all j city codes and standards. Chap. 6. Art. V, Sec. 5A. pg. 6-7 and Chap. 23. Art. IIF, pg. 23-8. 8. Align access paths from sidewalks with handicap accessible paths including stop r/ bars and signs. Chap. 23, Art. I. Sec. 1 B5, pg. 23-1. 9. Parking lot dimensions. striping, aisles, stalls, radii. signs. landscaping, etc. must J conform with citv codes and standards. Chao. 23 Art. II 00. 23-6. ADDITIONAL CONDITIONS FROM COMl\1ISSION MEETING 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ~'97- 7' DEPARTMENT OF DEVELOPMENT . .tJ J\ )t;~,;~J DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: APPLICANT'S AGENT: APPLICATION NO.: NEWPORT PROPERTIES. INC. BURL GENTRY N/A DATE OF APPLICATION: DECEMBER 9.1996 DATE OF HEARING BEFORE CITY COMMISSION: JANUARY 21. 1997 TYPE OF RELIEF SOUGHT: FINAL PLAT APPROV AL - HILLS AT LAKE EDEN PUD LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO. DRAWINGS(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 Irard 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. The Applicant / HAS HAS NOT established by substantial competent evidence a basis for the relief requested. II 2. 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 the notation "Included." The Applicant's application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 4. 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: '/"I/qr I I ur~6?7t:..~ DATED: ~~~~q1 At{~f I ,~. . DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Bovnton Lakes Plaza Partnershio c/o Fru-Con Develooment Corooration (Blockbuster Video at Bovnton Lakes Plaza) APPLICANT'S AGENT: Steohen M. Pace. Nichols/Pace Desicn Associates. Inc.. DATE OF HEARING BEFORE CITY COMMISSION: 1/21/97 TYPE OF RELIEF SOUGHT: ReQuestinc Site Plan Aooroval to construct a 5.500 sQuare foot video store on a .765 acres leased outoarcel within the Bovnton Lakes Plaza LOCATION OF PROPERTY: Southeast corner of Concress Avenue and Hvooluxo Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 App~cant ~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 "D" with the notation "Included". 4. The Applicant's application for relief is hereby J GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: Januarv 21.1997 ~~~~~J~~~ , Cit lerk \\\\\\1 1I1111IIII/. ~""\-.{NTON ~/~ ~ <bo ............. 8~ ~ S 4. ....~OA.41"k;'.,O ~ :=:0..0 ~\..,::: :::0 JI1' :: :idh>r(~ . S :J2M6. 0)- ~ -0 \. ,,\9?J . ~ ~" "-~ ~ ............ Q'~ ~ ~" FLO~' ~"~ ~/1111I1l11I\\\\\\~ / ADDITIONAL CONDITIONS FROM COMl\1ISSION MEETING 1. 2. 3. 4. s. 6. 7. 8. 9. 10. LOCATION MAP BOYNTON LAKES PLAZA AND PLATTED OUTPARCEL . . . ';;;.;7....~.~" -r' ~ .~_. '~--: '--'. .-- -- ~A~t. L-/B! "'I~ ~J/ylhWt'iJ1 ,; ;-~1[tA1~ "-/~~' / ~ ~c ~ :~r fHr {-(f .' /f,J,fI~jl J': N ~ c ~ . puo ~ fJIirumr . .: ,'1. ~ 1--= : LUI' NIC dJ J. .'SIT!:: '.' .I~~~~~~~. (~~I~ ..2 1- ,- · ~ o~ ~i'j . . a:: ;:-~~~~:~f,L"'-hU'./' -WIQ~~~ ., S - / 6.0 . I\~"V' ..... .: ,JA vi - .- "-:::l~. : r=:-1 ,,: \ I ~~.... ,e lA..-..- ~.. ~ '..J ,I , t-' ~ . '\.~~' - I <~ A~~'>>' ....' :~.~.~_ ~~ '1/ ::);:"~ ....../"~.~JJlf}' ~.}S~~~\.~~.~~~::: 'i~;~I~ ,V /il?Y:;fl ,~~ ~y.' 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J~, .~r:hq. . __ (' J"'~:::/~(/'\ ,_J~ (~~) ~n I PI '.:;)\ ~'.' _. /T:W':i) v.' I .~s . L f\ I j, , NO" IN CIT' EXHIBIT "0" Conditions of Approval Project name: Blockbuster Video File number: NWSP 96-013 Reference: The plans consist of 6 sheets identified as 1 st Review. New Site Plan. File #NWSP 96-013 with a December 10. 1996 Planning and Zonina Deoartment date stamo marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS r UTILITIES Comments: 1. A capacity reservation fee of $194.04 is now due, and must be paid within 30 days V- of site plan approval. (Sec. 26-34(E)). It is recommended that site plan approval become void if payment is not received timely. 2. Palm trees will be the only tree species allowed within utilities easements. Canopy V 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. (Sec. 7.5-18.1) FIRE r . 1\1 () 1\11= POLICE - . 1\1 () 1\1 J= DEVELOPMENT DEPARTMENT Comments: 3. All plans submitted for specific permits shall meet the city's code requirements at time V 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 the FDOT, PBC, SFWMD and any other permitting agencies shall be included with the permit request. 4. Revise documents to reflect all comments. ./' 5. Correct the name of the plaza to Boynton Lakes Plaza on all documents. Chap. 3, / Art. IV, Sec. 3A, pg. 3-4. 6. Provide traffic impact analysis. Chap. 2. Sec. 9C4h(5), pg. 2-85 and Chap. 3, Sec. / 3S. pg. 3-5. 7. Provide certification by developer's engineer that drainage plan complies with all / city codes and standards. Chap. 6, Art. V. Sec. 5A. pg. 6-7 and Chap. 23. Art. /IF. pg. 23-8. 8. Align access paths from sidewalks with handicap accessible paths including stop V bars and signs. Chap. 23. Art. I, Sec. 1B5. pg. 23-1. 9. Parking lot dimensions. striping. aisles, stalls, radii, signs. landscaping. etc. must J conform with city codes and standards. Chap. 23, Art. /I. po. 23-6. Page 2 Blockbuster Video NWSP 96-013 .- " ul::rf'\RTMENTS INCLUDE REJECT 10. Provide a satisfactory lighting plan including photometrics and pole wind loading. V Chap. 23, Art. IIA, pg. 23-6. , 11. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic V Control Devices." Chap. 23, Art. 1182. pg. 23-7. 12. No trees shall be planted so as to interfere with lighting fixtures. Chap. 23, Art. IIAb. j pg. 23-7. 13. Provide handicap ramp and sidewalk locations. Chap. 23, Art. ilK. pg. 23-9. (DCA / Accessibility Requirements Manual). 14. All parking lots shall meet or exceed state handicap code requirements and comply / with the standard building code and amendments thereto. Chap. 23, Art. ilK, pg.23-9. 15. Paint handicap pavement symbols white. Sheet 9 of FOOT Index 17346. / 16. Provide wheel stops in front of building. or 7 foot sidewalk with curb. .I 17. Provide at least one accessible route within the boundary of the site from public I transportation stops. accessible parking spaces, passenger loading zones, if provided. public streets or sidewalks to an accessible building entrance. 1994 Florida Accessibility Code for Building Construction. PARKS AND RECREATION I . NONI= FORESTER/ENVI RONMENT ALlST . NON PLANNING AND ZONING Comments: 18. Provide a note on the survey of the Blockbuster property contained in this submittal j indicating that the survey describes a leased portion of the shopping center and does not subdivide the property. 19. Provide a note on both the survey and site plan indicating that the property ownership ./ cannot be transferred without approval by the City of Boynton Beach. 20. Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and / the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LOR, Chapter 9, Section 11.E). 21. Provide vehicular traffic control markings on the pavement within the leased area V- as required by LOR. Chapter 4. Section 7. B.2. 22. Provide dumpster enclosure details. The dumpster enclosure shall meet the design /' and landscaping standards as described in LOR. Chapter 9, Section 10.C. and Chapter 7.5. Article II, Section 5.J. / 23. On the elevation drawings depict color code and manufacturer's name of all new j exterior buildinq materials and/or finishes. Page 3 Blockbuster Video NWSP 96-013 DEPARTMENTS INCLUDE REJECT 24. At the time of distributing this staff report. a presentation board containing samples of all exterior building materials to be used for construction was not received by staff / to review. It is recommended that the elevations go back before the Commission at a later date for approval, prior to issuance of a building permit, if this board is not submitted to staff for review prior to the January 21, 1997 City Commission meeting. 25. On the site plan, show all setbacks as required by LOR, Chapter 4. Section 7.B.1. ./ 26. Eliminate discrepancies between: . north and south elevations of the building with respect to roof overhang projections / . exterior dimensions of the building on the site plan and on the floor plan . window and door openings between the floor plan and elevations. 27. On both the site plan and floor plan, indicate the projection of the awning and false 7 mansard roof. 28. Indicate the height of the structure on the elevations of the building. as required by vi LOR, Chapter 4. Section 7.0.1. 29. As previously approved (a Community Design Plan appeal) by the City Commission and outlined in the Development Order dated September 17. 1996. the length of the V awning on the front elevation of the building shall be further reduced to approximately fifty percent of the originally proposed length (maximum of 28 feet). 30. Prior to issuance of the building permit, submit a copy of the drainage permit / issued by the Lake Worth Drainage District. 31. It is recommended that in order to avoid monotony of highly visible building V elevations. provide a pattern of off-sets and/or control joints on the east. west and north elevations of the building in combination with appropriate fenestration. . 32. It is recommended that the 1993 exception to platting approval for this leased area 7 . . nf"," ..: _. . ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 33. None ADDITIONAL CITY COMMISSION CONDITIONS 34. To be determined. /bme d:lsharelprojectslblockbuslcondappr. wpd CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS JANUARY 21, 1997 1. R & S INTEGRATED PRODUCTS .......................... $ 54,089.00 POI 13359. Software/Installation Pay From Gen Fund -- 001-133-5-670-02, $2,960.00 001-000-1-451-18, $ 18.869.00 Pay From Public Serv Tax Const Fund -- 301-194-5-640-05, $32,260.00 2. SCRWTD BD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 174,533.65 12/96 User Charge For Wastewater Trtmt/Disp Pay From W & S Rev Fund -- 401-353-5-490-09 3. SCRWTD BD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 168,989.69 Cap Projects, SF Equip repair/replacement Pay From Util Cap Imp Fund -- 404-000-0-691-20, $ 17,481.52 Pay From 1996 Const Fund -- 407-000-0-691-20, $ 146,984.26 Pay From Util Gen Fund -- 403-000-0-691-22, $ 4,523.91 4. SOLID WASTE AUTHORITY OF PBC ....................... $ 57,571.58 12/96 Daily Landfill Use/Sweeper Use Less Res Crdt- Pay From San Fund -- 431-341-5-490-01, $55,487.00 Pay From Gen Fund -- 001-411-5-490-01, $ 2,084.58 5. SEWELL, TODD & BROXTON INC ......................... $ 13,188.84 Quarterly Billing For Various Files Pay From Self Ins Fund -- 622-195-5-468-00 6. VULCAN CHEMICAL TECHNOLOGIES. . . .. . . . .. . . . .. .. .. . .. $11,056.50 POI 12934. Hydrogen Peroxide. Pay From W & S Rev Fund -- 401-352-5-365-00 COMMISSION JAN 21 '';1 APPHOVAL THESE BillS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. ~ I?v'? LJ L-- DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BillS. ,\--~ '. \ \. _/(~ll .~ \)tAt'" <d,. DALE s. SUG~ AN, CITY MANAGER '--:~'ON _ . " . \,.....~.....,) ~ r,~ ,;.,\flJJ Iqj i.,;"'; ... '...~. ':!r:~L - , , J' f?;97- 7' DEPARTMENT OF DEVELOPMENT . tJ I ~\;~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: APPLICANT'S AGENT: APPLICATION NO.: NEWPORT PROPERTIES. INC. BURL GENTRY N/A DATE OF APPLICATION: DECEMBER 9.1996 DATE OF HEARING BEFORE CITY COMMISSION: JANUARY 21. 1997 TYPE OF RELIEF SOUGHT: FINAL PLAT APPROV AL - HILLS AT LAKE EDEN PUD LEGAL DESCRIPTION: SEE EXHIBIT "A" A TT ACHED HERETO. DRA WINGS(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: 5. 6. 7. JATED: 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. The Applicant / HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 2. 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 the notation "Included." The Applicant's application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 4. 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. Other: //"1 /'11- I I ur~6h,e.~_ ADMINISTRATIVE CONDITIONS Project name: HILLS AT LAKE EDEN PUD fype of Development Order (Master Plan, Site Plan or Plat) FINAL PLAT )rawing reference: N/A DEPARTMENTS INCLUDE REJECT A. DEVELOPMENT AB BUILDING DIVISION Comments: None AE ENGINEERING DIVISION Comments: 1. The Final Plat of Hills at Lake Eden PUD can be V recorded only after surety in form and amount acceptable to the City Attorney is deposited with the City. 2. The Final Plat of Hills at Lake Eden PUD can be I recorded only after the P.O.A. documents are approved by the City Attorney and the Planning & Zoning Department. j 3. The Final Plat of Hills at Lake Eden PUD can be recorded only after all outstanding conditions of all previous Development Orders are satisfied. B. FIRE Comments: None C. PARKS & RECREATION Comments: None D. PLANNING & ZONING Comments: 4. The Final Plat of Hills at Lake Eden PUD can be .j recorded only after the Unified Control Documents are approved by the City Attorney. J 5. The Final Plat of Hills at Lake Eden PUD can be recorded only after the conditions of Planning & Zoning Memorandum 96-678, dated December 18, 1996, are approved by the Planning & Zoning Department. E. POLICE Comments: None F. PUBLIC WORKS Comments: None G. UTILITIES: Comments: 6. The Final Plat of Hills at Lake Eden PUD can be recorded only after the conditions of Utilities Department J Memorandum No. 96-404 dated December 12, 1996, are approved by the Utilities Department including, but not limited to, submission ofH.R.S. Water and Sewer Permits. C:\ WPWIN60\ WPDOCS\MISCMH\HILLS.WPD I~. ~'1' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Bovnton Lakes Plaza Partnershio c/o Fru-Con Develooment Corooration (Blockbuster Video at Bovnton Lakes Plaza) APPLICANT'S AGENT: Steohen M. Pace. Nichols/Pace Desicn Associates. Inc.. DATE OF HEARING BEFORE CITY COMMISSION: 1/21/97 TYPE OF RELIEF SOUGHT: ReQuestinc Site Plan Aooroval to construct a 5.500 SQuare foot video store on a .765 acres leased outoarcel within the Bovnton Lakes Plaza LOCATION OF PROPERTY: Southeast corner of Concress Avenue and Hvooluxo Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 App~cant LHAS 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 "D" with the notation "Included". 4. The Applicant's application for relief is hereby J GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: Januarv 21.1997 ~~9;r: ~<~~. / Cit lerk \\\\\\ IIII""",/, ~~"\ -.(NTON ;;'I~ '-.:::::. ^'" 0 "......... ..A ~ ..;;:0 V .' 00.0 '. ':;" ~ .::::; I. ..~9 '-""7'.~" "..... ~ ..... '"" "o~ .. \.' IiIIl! -0' '\""::: :: IU .... :: :id~~ ). i ~\ :: \" \" '\9Z~ i ~ ............. Q't- ~ ~//. FLO~' ~"~ ~/IIIIIII"'\\\\\~ P!ige 2 Blockbuster Video NWSP 96-013 DEPARTMENTS INCLUDE REJECT 10. Provide a satisfactory lighting plan including photometrics and pole wind loading. / Chap. 23, Art. IIA, pg. 23-6. 11. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic V Control Devices." Chap. 23, Art. IIB2, pg.. 23-7. 12. No trees shall be planted so as to interfere with lighting fixtures. Chap. 23, Art. IIAb, pg. 23-7. 13. Provide handicap ramp and sidewalk locations. Chap. 23, Art. ilK, pg. 23-9. (DCA / Accessibility Requirements Manual). 14. All parking lots shall meet or exceed state handicap code requirements and comply / with the standard building code and amendments thereto. Chap. 23, Art. ilK, pg.23-9. 15. Paint handicap pavement symbols white. Sheet 9 of FDOT Index 17346. .[ 16. Provide wheel stops in front of building, or 7 foot sidewalk with curb. / 17. Provide at least one accessible route within the boundary of the site from public I transportation stops, accessible parking spaces, passenger loading zones, if provided, public streets or sidewalks to an accessible building entrance. 1994 Florida Accessibility Code for Building Construction. PARKS AND RECREATION ~ . N()NI= FORESTER/ENVIRONMENTALIST . N()NI= PLANNING AND ZONING Comments: 18. Provide a note on the survey of the Blockbuster property contained in this submittal j indicating that the survey describes a leased portion of the shopping center and does not subdivide the property. 19. Provide a note on both the survey and site plan indicating that the property ownership / cannot be transferred without approval by the City of Boynton Beach. 20. Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and / the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, Section 11.E). 21. Provide vehicular traffic control markings on the pavement within the leased area r/ as required by LDR, Chapter 4, Section 7.B.2. 22. Provide dumpster enclosure details. The dumpster enclosure shall meet the design /' and landscaping standards as described in LDR. Chapter 9, Section 10.C. and Chapter 7.5, Article II, Section 5.J. / 23. On the elevation drawings depict color code and manufacturer's name of all new j exterior buildina materials and/or finishes. Page 3 Blockbuster Video NWSP 96-013 I DEPARTMENTS I INCLUDE I REJECT I 24. At the time of distributing this staff report. a presentation board containing samples of all exterior building materials to be used for construction was not received by staff / to review. It is recommended that the elevations go back before the Commission at a later date for approval, prior to issuance of a building permit. if this board is not submitted to staff for review prior to the January 21, 1997 City Commission meeting. 25. On the site plan, show all setbacks as required by LDR. Chapter 4, Section 7.B.1. / 26. Eliminate discrepancies between: . north and south elevations of the building with respect to roof overhang projections I exterior dimensions of the building on the site plan and on the floor plan . . window and door openings between the floor plan and elevations. 27. On both the site plan and floor plan. indicate the projection of the awning and false V mansard roof. 28. Indicate the height of the structure on the elevations of the building, as required by .; LDR. Chapter 4, Section 7.D.1. 29. As previously approved (a Community Design Plan appeal) by the City Commission and outlined in the Development Order dated September 17, 1996, the length of the J awning on the front elevation of the building shall be further reduced to approximately fifty percent of the originally proposed length (maximum of 28 feet). 30. Prior to issuance of the building permit. submit a copy of the drainage permit j issued by the Lake Worth Drainage District. 31. It is recommended that in order to avoid monotony of highly visible building I elevations. provide a pattern of off-sets and/or control joints on the east. west and north elevations of the building in combination with appropriate fenestration. 32. It is recommended that the 1993 exception to platting approval for this leased area I AynirA::It' nf::l . ~ -. .. ,,,,tor \/irlAn ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 33. None ADDITIONAL CITY COMMISSION CONDITIONS 34. To be determined. /bme d .\sharelprojectslblockbuslcondappr.wpd LOCATION MAP BOYNTON LAKES PLAZA AND PLATTED OUTPARCEL 'A~!:..I' 'f:;~.~":_.1 C:.~JI1'.~'(~.'[\~:: ...r:;;!if.I'---- --, ,.~ ~CJ' 1f/j , IH. t. ~I . I PUD 4 C ~rm/M:r" ./ ,~~ N:' q!:j . NIC ~ ~ 1fJ~~rn'B ~~ ,~~H__::"" r1':'Itrmri~-, J LUI.. 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