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Minutes 08-01-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST Z, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: Call to Order - Mayor Gerald Broening Tnvocation - Reverend Dr. Randall Cook- Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner Bruce Black D. IF YOU WISH TO ADDRESS THE COMMISSION: · FTLL OUT THE APPROPRIATE REI~UEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. Mayor Broening announced that beginning with the meeting on August 15th, the Commission would no longer accept speakers' cards once the meeting begins. All cards must be turned in prior to the opening of the meeting. E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. 2. Adoption Commissioner Black moved to approve the agenda as presented. Vice Mayor Weiland seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Accept resignation of Dawn Russell, Regular Member of the Education Advisory Board Mayor Broening called the meeting to order at 6:35 p.m. Following the invocation, Commissioner Black led the Pledge of Allegiance to the Flag. MEETING MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA AUGUST 1~ 2000 Motion Vice Mayor Weiland moved to accept the resignation seconded the motion that carried unanimously. B. of Dawn Russell. Commissioner Fisher Accept resignation of Esther "Peggy" Stranahan, Regular Member of the Senior Advisory Board Motion Vice Mayor Weiland moved to accept the resignation of Peggy Stranahan. seconded the motion that carried unanimously. C. Appointments to be made: Appointment To Be Made Board Commissioner Black Length of Term Expiration Date Mayor Broening Children & Youth Advisory Board Alt I yr term to 4/01 !! Black Children & Youth Advisory Board Stu/Reg/Voting 1 yr term to 4/01 II! Sherman Children & Youth Advisory Board Stu/Reg/NonVoting 1 yr term to 4/01 Tabled (3) Tabled (3) Tabled (3) !V Fisher Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/01 Tabled (3) TI! Sherman Education Advisory Board Reg 2 yr term to 4/02 !V Fisher Education Advisory Board Alt :L yr term to 4/01 Mayor Broening Education Advisory Board Alt i yr term to 4/01 ! Weiland Education Advisory Board Stu i yr term to 4/01 !I Black Education Advisory Board Reg 2 yr term to 4/02 Tabled (3) Tabled (3) Tabled (3) Tabled (3) IV Fisher Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (3) Mayor Broening Nuisance Abatement Board Alt I yr term to 4/01 Tabled (3) ITT Sherman Senior Advisory Board Reg 2 yr term to 4/02 · The Mayor and all Commissioners requested that their appointments be tabled at this time for lack of applications. Mayor Broening urged the public to submit applications for board membership. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: City Commission Budget Special Meetings - Wednesday, August 2 and Thursday, August 3, 2000 @ 6:30 p.m. in the Library Program Room. IVlayor Broening made the announcement about the Budget Special Meetings to be held in the Library Program Room on August 2nd and 3rd. MEETTNG MTNUTES REGULAR CZTY COMMt'SS'rON BOYNTON BEACH, FLOR.I:DA AUGUST 1, 2000 B. Presentations: 1. Proclamations: None 2. Golf Course Orientation PowerPoint Presentation - Freda DeFosse Freda DeFosse, Assistant to the Golf Director, made a brief PowerPoint presentation about the operation of the Links at Boynton Beach. (A copy of the presentation is attached to the original set of these minutes on file in the City Clerk's Office.) IV. CONSENT AGENDA: · Commissioner Black requested that Item IV-E be removed from the Consent Agenda for discussion. · Vice Mayor Weiland requested that Item IV-C.4 be removed from the Consent Agenda for clarification. A. Minutes: Joint City Commission/Chamber of Commerce Workshop of July 10, 2000 Agenda Preview Conference of July 13, 2000 Regular City Commission Meeting of July 18, 2000 Bids- Recommend Approval- All expenditures are approved in the 1999-2000 Adopted Budget Extend "ANNUAL SUPPLY OF SULFUP~C ACTD" BID #085-2821-00/KR to HCI ]:ndustrial Chemical and Supply Company for an annual estimated expenditure of $156,404 Approve the purchase of the components for a RECORDS MANAGEMENT SYSTEM FOR FIRE INCTDENTS AND EMERGENCY MED:[CAL PA-I-lENT REPORTS from various vendors in the total amount of $23,284 C. Resolutions: Proposed Resolution No. R00-107 Re: Accepting Letter of Credit No. IVlUNB-5627 from Mellon United National Bank in the amount of $33,550 as surety for the construction of the potable water and sanitary sewer systems at the project Boynton Commerce Center IT MEETING MZNUTES REGULAR CZTY COMMTSSION BOYNTON BEACH, FLOi~DA AUGUST 1, 2000 Proposed Resolution No. R00-108 Re: Renewing the agreement between the City of Boynton Beach and Palm Beach Community College for Paramedic and EMT training programs Proposed Resolution No. R00-109 Re: Reducing the Letter of Credit for Grove Plaza from $215,879 to $56,372 Proposed Resolution No. R00-110 Re: Authorizing the Mayor and City Clerk to execute a contract with L. B. Limited & Associates, Inc. for the Five Year Strategic Plan for the Black Awareness Events in the amount of $10,000 (Bid approved 7/5/2000) D. Ratification of Planning & Development Board Action: P.G.D., Inc. - Second Facility - Lot 6, High Ridge Commerce Park - Request for new site plan approval to construct a 25,960 square foot industrial warehouse on 1.099 acres The Church of Jesus Christ of Latter-Day Saints - Northeast corner of Woolbright Road and Knuth Road CTara Oaks PUD) - Request for a new site plan approval to construct an 11,755 square foot church on 4.26 acres Request by Southern Development Services - Reconsideration of Alhambra Square North Center (Northeast corner of Golf Road and Congress Avenue) (R~luest removal from Consent Agenda for d/~cusaion.) Motion Commissioner Black moved to approve the Consent Agenda as amended. Vice Mayor Weiland seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: IV-C.4. Proposed Resolution No. R00-110 Re: Authorizing the Mayor and City Clerk to execute a contract with L. B. Limited & Associates, Inc. for the Five Year Strategic Plan for the Black Awareness Events in the amount of $10,000 (Bid approved 7/5/2000) Vice Mayor Weiland recalled that the Commission approved this request on a previous agenda and he questioned why this item was back before the Commission for consideration. City Manager Bressner advised that when the item was presented, the final agreement was not ready. This is the final agreement with L. B. Limited & Associates, ]:nc. 4 MEETING MTNUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLOI~DA AUGUST 1, 2000 Motion Vice Mayor Weiland moved to approve Item :[V-C.4. Commissioner Black seconded the motion that carried unanimously. , :[V-E. Request by Southern Development Services - Reconsideration of Alhambra Square North Center (Northeast corner of Golf Road and Congress Avenue) (Request removal from Con~ent Agenda for discuss/on.) Commissioner Black advised that he received a request from the applicant who would like an opportunity to come back before the City Commission to plead his case. City Manager Bressner reported that this matter arises out of a 1989 case that was in litigation. The applicant has requested that the Commission consider the matter to allow it to move forward to the Planning & Development Board for potential consideration of the rezoning, land use plan amendment and site plan approval. No site plan has been presented for approval. There are interested parties (Leisureville Homeowners Association) that have been monitoring the situation because their property adjoins the property in question. They have expressed an interest that any development land use changes on the property be compatible with and congruent with their understanding of what was supposed to go on the property. This matter has gone before the Commission a number of times and the developer now desires that the Attorney be authorized to prepare an amendment to the Stipulation that would allow the matter to go forward for purposes of plan review and evaluation. At Commissioner Fishers request, Attorney Cherof advised that there are two key provisions of the original Stipulation that would be the subject of an amendment that would have to be approved by the court. The original court settlement that became a Court Order fixed the land use for the property as Office/Commercial. It also fixed the zoning as C-1. The applicant now seeks amendment of those two provisions. The Office/Commercial would become a Commercial district and the corresponding zoning would be C-3. Southern Development Services submitted documentation that includes the specific changes. If both parties agree, there would be a motion to the court that would be processed without a hearing. Attorney Cherof reported that there was a zoning application in the late 1980s that resulted in a dispute over the zoning and land use designation. The C-! and Office/Commercial were an agreed resolution of what could be on the property. The City and the developer stipulated to this. When Commissioner Fisher asked if there could be a third party that would arise out of this, Attorney Cherof responded that in any type of proceeding involving land use changes or zoning changes, any interested party that has a substantial interest in the development could intervene and either support or object to the change. Tn response to Commissioner Fisher, Attorney Cherof advised that the City would incur court costs of a few hundred dollars associated with this request. MEETTNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH, FLOR/DA AUGUST 1, 2000 Commissioner Fisher inquired whether the developer could be made responsible if other interested parties surface, Attorney Cherof responded affirmatively. He explained that in contested proceedings over the land use change or rezoning, the City could expend tens of thousands of dollars, Colleen Walter, Kilday & Associates, introduced Jim Zengage of Southern Development Services and Bob Eisen, attorney for Southern Development Services. Ms. Walter advised that this property is located at the northeast corner of Congress Avenue and Golf Road. The applicant would like consideration from the Commission for consideration of changes to the Stipulation & Settlement Agreement in conjunction with processing applications for proposed development on the site. The development proposal would include a drugstore with a drive-up window and a medical office building. Tt was determined that there would need to be changes to the Settlement Agreement as well as land use and zoning changes. Staff advised that the first step would be an agreement from the City Commission to consider amending the Settlement Agreement. The land use and zoning processes would be public hearings and there would be notification to the surrounding property owners. The development team has already met with Leisureville. Tf the Commission agrees to allow the applicant to proceed with filing the applications, the development team would meet with other neighbors in the area in an effort to mitigate future contesting of the project. Commissioner Fisher requested that Bill Lynch speak about the attitudes of the people in Leisureville, Bill Lynch, 1912 SW 16th Avenue, is President of Boynton Leisureville Community Association. Mr. Lynch said the Leisureville residents are not opposed to Walgreens. They are concerned about the zoning of the property. At the present time, it is zoned C-1. The residents agreed to that zoning and must sign off if any changes are made. Mr. Lynch advised that the latest proposal is to split the lot so that one half would be C-1 and the other half would be C-3. There would be a Declaration of Restrictions on the property that would govern what could or could not be placed on the C-3 parcel. Boynton Leisureville would not sign off on the 1989 agreement unless the City of Boynton Beach takes the full responsibility of enforcing a Declaration of Restrictions on the property. The community would not sign a new agreement unless it included that stipulation. Boynton Leisureville also wants a time specific included in an agreement for Walgreens to begin and end construction. Tf they do not meet the time lines, the zoning would revert back to C-1. Mr. Lynch said he spoke with Mr. Zengage about this issue and three meetings were conducted in his community. Everyone present at the meetings agreed to the development of a Walgreens on the property. However, Mr. Lynch pointed out that when he went through the neighborhood, he realized that many of the people are tired of waiting for construction. They are also beginning to question the need for another Walgreens since there are Walgreens pharmacies within short distances of Leisureville. He suggested that construction begin quickly on this parcel. MEETTNG MTNUTES REGULAR C'rTY COMM?SS'rON BOYNTON BEACH~ FLOR/DA AUGUST 1, 2000 Vice Mayor Weiland expressed surprise by the change of attitude of the Boynton Leisureville residents. Vice IVlayor Weiland said there are 650 homes in Golfview Harbour. Of the 100 surveyed, 93 property owners were in favor the Walgreens. Vice IVlayor Weiland said he would want to know how the remainder of his community feels as well as the residents of Silverlake Estates, Quail Run and Whaler's Cove. Vice Mayor Weiland would like to know the value of this property and suggested that the City might be interested in developing it as a park (as a capital improvement project) in an effort to preserve open space. Vice Mayor Weiland enumerated the Walgreens pharmacies throughout the City and advised of an upcoming meeting scheduled for next Tuesday to discuss another one at the corner of Boynton Beach Boulevard and Federal Highway. There are 14 pharmacies in the City of Boynton Beach and Vice Mayor Weiland does not feel the need to rush to develop this property with another Walgreens. Commissioner Fisher understands that it is more cost effective for Walgreens to have more locations in a designated advertising market. However, the Commission was not addressing final plans. The only item before the Commission was consideration of an amendment to the agreement. This would allow time to poll the residents of surrounding communities to seek their input. Commissioner Black agreed that the Commission would not be making a decision on whether or not to build a Walgreens. The applicant is requesting an opportunity to go through the process again. There would be time to meet with the communities before addressing a development proposal. Commissioner Black is in favor of allowing them to go through the process. However, that is not an indication of how he feels about the Walgreens. Mayor Broening questioned whether or not the Commission had the legal right to restrict an applicant from coming before the Commission with a proposal. Attorney Cherof felt that the Commission was prohibited in this instance from allowing processing of an application because there is a Court Order that fixes the land use and zoning. He was uncomfortable with not having an Order from the court authorizing City staff to process a request. Attorney Cherof feels the processing of a request is a problem because of the existence of the Order. He would want something from the developer that indicates that in the absence of a Court Order giving us permission to process, the processing is no indication as to the appropriateness of rezoning or change of land use designation. If the Planning & Development Board or City Commission fails to approve an application, that could not be used in the court proceeding as evidence that we might have thought it was correct and changed our minds after they committed time and money to the process. Ms. Walter responded that the applicant is aware of the fact that the land use amendment, rezoning and site plan approval are all subject to the City's typical processing of those applications through the public hearing process. The applicant recognizes that any action taken by the Commission at this meeting is not an endorsement of the project. The applicant would like to have a vote from the Commission that would allow the City Attorney to make the changes to the Settlement Agreement to go to the court so that the applicant can have the opportunity to come back before the Commission. 7 MEETZNG MTNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOR/DA AUGUST 1, 2000 Attorney Cherof confirmed for Vice Mayor Weiland that thero would be no costs associated with the applicant's request to start into the process. Vice Mayor Weiland said this would open the gate to start the process for Walgreens to come in. He explained that this request is similar to one that came before the Commission on July 18th. That request involved a rezoning on SW 8th Street at the HOme Depot location. Commissioner Fisher said that this Commission is being fair and honest with the applicant by advising that his project could be denied at a future date. Motion Commissioner Black moved to let the developer start to go through the process and amend the Stipulation Agreement with those certain conditions. Commissioner Fisher questioned whether the motion should be to have the Attorney move ahead, or have the developer move ahead. Attorney Cherof advised that the Commission should authorize him to enter into the appropriate document (either a stipulation or agreement) to allow them to start in the process, He will add language to the document to make sure the City is protected. He pointed out that simply allowing them to start does not give them any additional rights to have their request approved or to build what they want to build. There is no approval until: 1. It comes back to the City Commission for final approval of the site plan; and 2. The court authorizes a change in the zoning and land use designation, The court's authorization will require that the City sign a Stipulation to be filed with the court. Amended Motion Commissioner Black amended his motion to allow the City Attorney to draft a document that would stipulate the conditions under which they could proceed with the development and rezoning of the property. Commissioner Fisher seconded the motion that carried 3-2. (Vice Mayor Weiland and Mayor Pro Tem Sherman dissented.) V. CZTY MANAGER'S REPORT: Status of Enforcement of Nonconforming Freestanding Signs with Update on Wall Sign Tnventory Work (August 1, 2000) City Manager Bressner reported that there are approximately 34 nonconforming freestanding signs within the City of Boynton Beach. They are nonconforming with respect to area or height. Staff has recommended postponing immediate enforcement of the nonconforming signs until aesthetic regulations are in place. The City has received communication from the Chamber of 8 MEE'F~NG M~'NUTES REGULAR CITY COMMTSS~'ON BOYNTON BEACH~ FLOP~DA AUGUST :1.~, 2000 Commerce that outlined a number of issues and concerns from their perspective relative to the enforcement of the Sign Code. Mr. Bressner recommended that this matter be tabled for 60 days to allow the parties to come together, develop revised standards and have them approved through the process. The impact of sign changes would have to be evaluated and a determination would be made with regard to the list of 34 signs. Commissioner Fisher pointed out that a representative of Mobiltech came before the Commission regarding the fact that her business is blocked. Commissioner Fisher agreed that 60 days should be the maximum amount of time allowed to resolve this problem. The Chamber should continue to work with staff and members of the community on this issue. Vice Mayor Weiland recommended that the issue be tabled for 45 days rather than 60 days. He feels it is important to make a decision so that the businesses that have complied do not .feel like the losers in this situation. Quintus Greene, Director of Development/CRA, said staff would prefer 60 days to gather the necessary information needed to resolve this issue. Commissioner Black concurred that there are people who have complied with the City's standards. The Ordinance has been on the books, but it has not been enforced. Commissioner Black expressed concern that he received a FAX today stating the Chamber's opinions on this issue. He said he would have appreciated receiving this information sooner. Mr. Bressner said a joint City Commission/Chamber of Commerce workshop meeting is scheduled for September :L1th. Financing of the City programs and projects will be the main focus of that meeting. However, the Sign Code needs to be added to the agenda so that discussion can take place. Mayor Broening recalled that the Sign Code should have been enforced on December 31, 1999. That enforcement did not take place. Mayor Broening feels that if there were a better way to address this situation, he would like to see it. Since seven months have already been invested in not enforcing the Code, Mayor Broening would be willing to wait an additional 60 days. He said he shares the responsibility for not seeking enforcement of the existing Sign Ordinance. When Vice Mayor Weiland asked who was given direction not to enforce the Code as of ,lanuary 1~ Mr. Bressner said he would investigate and respond to the Commission. Mayor Pro Tem Sherman questioned the figure of $70,000 for the McDonald's sign. He inquired if that was the amount of money it would cost for McDonald's to comply with our Code. Paul Raffa, McDonald's Restaurant, 1810 South Federal Highway, presented a number of articles that have appeared in the newspapers related to his business. He said the $70,000 was a figure quoted in a recent article. Mr. Raffa said the McDonald's sign has been in place for 25 years. He has taken part in the discussions that took place at the Library with respect to this issue. Mr. Raffa said his sign was not on the first list that was published. Five years later, staff explained that there was a MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH~ FLOR2DA AUGUST 1~ 2000 misinterpretation of the Code. Workshop meetings were held and many of the businesses requested to be grandfathered in. The current Code says Mr. Raffa cannot put a sign in the area where it is currently'located on Federal Highway. Mr. Raffa said he applied for a sign along T-95 off Gateway Boulevard for his restaurant on Congress Avenue. He was refused because the DOT could not find his restaurant. To be on the list for a sign on T-95, Mr. Raffa had to pay for an additional sign to direct visitors to his location. The sign on Federal Highway is one foot too high and must be moved back 10 feet from the property line. Tf he were to move the sign back, it would be inside the dining area. Mr. Raffa said that if he must move his sign, he would like to be provided with a logical reason for it. Tn response to Mayor Pro Tem Sherman,'Mr. Raffa said the reporter asked what it would cost to move the sign. He responded that it could cost from $20,000 to $70,000. The reporter quoted $70,000; however, the actual cost would be approximately $35,000. Mr. Raffa requested that he be provided with information on how the square footage of the sign is calculated. Mr. Bressner asked Mr. Raffa if the State, County or City had widened the roadway in front of McDonald's at any time over the last 25 years. Mr. Raffa said he has been here for 12 years. Landscaping and lane turn-ins were installed. Mr. Bressner pointed out that if the right-of-way in front of McDonald's was widened, it is possible that the sign became nonconforming because the road moved to the business. Michael DeFrank, owner/operator of McDonald's at Woolbright Road and Congress Avenue, spoke in support of Paul Raffa and McDonald's. He explained that signage and advertising are needed to draw business. Mike Friedland, 330 NE 26th Avenue, said the Planning & Development Board was included in the original process of revising the Sign Code. Many meetings were conducted to revise that Code and it should be enforced. Mr. Friedland requested that the Planning & Development Board members be included in any meetings if a decision is made to review the Sign Code again. Commissioner Fisher explained that the Chamber would be involved in this process and he urged that the Chamber include the people that were involved at the beginning of this process. Cathy Daily, representing McDonald's, advised that her company has the leasehold on the property where Paul Raffa is located. She urged that as the policies come into place and the community continues to grow, issues such as the Sign Code be readdressed. McDonald's would like to be grandfathered in so that the sign can be maintained in its existing location. McDonald's is a quick-service restaurant that is convenience driven. Tt is anticipated that a reduced sign would impact sales by 12% to 25%. Vice Mayor Weiland reported that when he was recently in the area of the Sonoma Valley in California, he visited a McDonald's Restaurant whose signage was accomplished with a four-foot gray rock with the name engraved on it. He said he would be interested in learning about the 10 MEETZNG MTNUTES REGULAR CTFY COMMZSSTON BOYNTON BEACH~ FLOI~DA AUGUST 1, 2000 amount of sales at that restaurant. Ms. Daily said she was not familiar with that restaurant. However, she pointed out that Mr. Raffa mentioned earlier in the meeting the problems he is experiencing at his McDonald's Restaurant on Congress Avenge because of the lack of signage. Motion Vice Mayor Weiland moved to table this item for a period of 60 days. Commissioner Fisher seconded the motion that carried unanimously. Proposed Procedure/Policy regarding Street Name Change Requests (~oRO~OO$~D R£$OZOT~ON NO. ROO-.L~.~) City Manager Bressner reminded the Commissioners of the request they received from a homeowners' association to rename a number of streets east of Federal Highway. :In addition, they requested the opportunity to rename a portion of Martin Luther King, Jr. Boulevard. Tn reviewing the request, there were a number of issues that needed to be addressed. They are: The City does not have a policy or procedure with respect to processing such requests. Staff researched and prepared a draft policy/procedure with respect to how to consider these requests. The goal would be to reduce confusion in addressing and to eliminate duplication or confusion in street names. Staff could review an application against the criteria listed in the policy, and a decision could be handled administratively, referred to an advisory board or to the City Commission. However, an Ordinance is required to change a street name thereby requiring the City Commission to make the final determination. Mr. Bressner reported that based on the material that was submitted, he could not support the street name change of Martin Luther King, Jr. Boulevard to another name for the following reasons: The decision to rename even a portion of this street is one that should involve all of the citizens of the community. The Fire Department identified several safety issues relative to the renaming of this portion of the street. Tf this change were to be approved, there would be three separate identifications of this street. That could potentially cause confusion for emergency service responses. The Fire Department recommended that if the other streets were to be changed, it should be done on an alphabetical basis for public safety reasons. 11 MEE'F~NG M~'NUTES REGULAR C?TY COMMtSS'rON BOYNTON BEACH, FLOR.I[DA AUGUST 1, 2000 Vice Mayor We,land recalled that at one point in time, there was a sign in the median on Federal Highway that indicated Martin Luther King Jr. Boulevard to the west and NW 10th Avenue to the east. The community was content. He questioned why this couldn't be done. Mr. Bressner said the sign could be changed and an Ordinance could be adopted to reflect that change. He explained that the County maps identify the street as Martin Luther King, Jr. Boulevard on both sides of Federal Highway. Commissioner Black reported that INCA has been a big part of this community for the last several years. INCA is one of the older communities of this City. Because of the Commission's desire to support rebuilding the older communities, Commissioner Black supports their request for the street name changes within the community as long as they do not affect public safety. Commissioner Black pointed out that he has received phone calls from other communities in the City that he has referred to members of INCA. However, Commissioner Black objects to changing the name of Martin Luther King, Jr. Boulevard. Commissioner Black said he received a letter from a resident of the street that contained racial overtones that were very divisive. Commissioner Black recommended that the residents of INCA consider alphabetically changing the street names within the community only. He would not support changing the name of Martin Luther King, .lr. Boulevard. Commissioner Black explained that the citizens worked very hard to change the name of NW 10th Avenue to Martin Luther King, Jr. Boulevard. He would like to meet with members of INCA to see if they are willing to go forward with alphabetically named streets and leave Martin Luther King, Jr. Boulevard as is. Commissioner Fisher felt the only issue for consideration was Martin Luther King, .lr. Boulevard. He said he understands both sides of this issue. He explained that the Community Relations Board was created to handle issues such as this. He requested that the Commission defer the MLK street question to the Community Relations Board so that they could meet with the entire neighborhood to learn all of the facts and report back to the City Commission. Mayor Broening enumerated the following three issues: A street-naming Ordinance, which the City lacks and the INCA request highlighted that lack. This issue needs to be addressed. The ability of neighborhoods to change the names of existing streets to suit themselves and their images. 3. Martin Luther King, Jr. Boulevard Mayor Broening said he was the first president of INCA. That association began with three neighborhoods and has grown to five neighborhoods and numerous condo complexes. The association is comprised of neighborhoods that are undergoing changes. They have distinct flavors that should be preserved and enhanced. 12 MEETZNG MTNUTES REGULAR C:LTY COMMTSSZON BOYNTON BEACH~ FLOI~DA AUGUST 1~ 2000 Mayor Broening talked about signage in the community that was fashioned after signage found on Hypoluxo Island. The City approved these nonconforming signs that reflect the community. Mayor Broening believes this could be done in neighborhoods throughout the City. Mayor Broening felt the fundamentals that were provided by staff were good, but he requested additional time to study them. Mayor Broening agreed with Commissioner Fisher's recommendation to have the Community Relations Board investigate the Martin Luther King, Jr. Boulevard. Motion Commissioner Fisher moved to have the Community Relations Board look into the Martin Luther King, .Ir. Boulevard portion of this question and bring in all parties concerned on both sides of Federal Highway. Vice Mayor Weiland seconded the motion. At the podium, Kevin Sullivan "faked" a telephone conversation he might have with a perspective homebuyer. The phone call had racial overtones. When the Commissioners questioned whether he had honestly received such a call, he responded negatively. At that point, the Commissioners requested that Mr. Sullivan leave the podium. The motion carried 5-0. City Manager Bressner reported that the sand castle building was held today to commemorate the start of the Ocean Avenue Promenade Project. He thanked Wayne Segal for handling the arrangements. The contractor has signed the contract and will begin work within 30 days. A full-time staff member will be working with the contractor, the business community and residents on Ocean Avenue to expedite the project and work out problems. The City of Boynton Beach is accepting the donation of school supplies for the upcoming school opening on August 16th, Collection points have been designated. These supplies will be provided to families that cannot afford to purchase the supplies themselves. The City Manager's Office will accept the donations. On Saturday, August 26th at 9:00 a.m., Commissioner Black will conduct a Town Meeting at the Library. MAYOR BROENING DECLARED A BRIEF RECESS AT 8:10 P.M. THE MEETING RECONVENED AT 8:3S P.M. VZ. PUBLTC AUDTENCE: Lee Wische, :1.302 SW 18th Street, is Chairman of the Planning & Development Board. He complimented the board members and read from a complimentary letter he received from a representative of Wood Partners, the developer who would like to build the apartment complex next to Cracker Barrel. (A copy of the letter is attached to the original set of these minutes on file in the City Clerk's Office.) Mr. Wische said all of the board members work hard and for free. Although they receive criticism, it is rare to receive compliments. 13 MEETZNG MTNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH~ FLORZDA AUGUST 1, 2000 3ames Miriana, 728 NE 8th Avenue, complimented the 'City on the operation of the Senior Center. He talked about a recent visit to the Center where he participated in the meal program, took dance lessons and played bingo. He was provided with door-to-door transportation to and from the Center by the City's bus. He complimented the driver (Mike) for the outstanding service and assistance he provided. He urged everyone to visit the Center and participate in the programS. Brian Edwards, 629 NE 9th Avenue, invited everyone to attend the INCA Neighborhood Association meeting that is held every third Monday at the Elks Club on Federal Highway to learn more about the neighborhood. Dee Zibelli, 440 Ocean Parkway, commended all that were involved in the beautification project on Ocean Parkway. Ms. Zibelli has received many phone calls from citizens who were expressing pride in their neighborhood. VZT. PUBLTC HEARTNG: Approval and Adoption of the City of Boynton Beach 2000/2001 Community Development Block Grant (CDBG) one-Year Action Plan RESOLUT~ON NO. RO0-.~.~2) MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Melandos Chattyar, 211 South Federal Hiqhwav, represented the We Change Foundation. He requested more constructive utilization of the CDBG funds. Mr. Chattyar said the We Change Foundation is about solving a problem in Boynton Beach. The We Change Foundation is a motivational institute that empowers young adults with new vision and a desire to succeed. Boynton Beach has an abundance of motivationally challenged youth. The foundation has trained 138 students in a two-year period. Twenty-seven of them are from Congress Middle School and Lantana Middle School and are all residents of Boynton Beach. These children were in the process of being expelled or being sent to an alternative site. After one semester with the We Change Foundation, they were promoted back to their schools. Boynton Beach was selected based on demographics that indicated an extreme dropout rate. Mr. Chattyar said the foundation's request was for a total of $49,000 to train 52 students. This amounts to $945 per student for training. A three-part training course includes motivational training, professional customer service training, an accredited diploma and meaningful assistance with job placement. The We Change Foundation in Boynton Beach believes it can make a difference in the lives of 52 children. Mr. Chattyar requested that the Commission reconsider the funds allocated to the We Change Foundation. Victor Marshall, 318 NW 16th Court, is the Vice President of the Boynton Beach Faith-Based Community Development Corporation. His organization submitted an application for funding in the amount of $45,000 for a handyman program. This funding will help the corporation 14 MEETING MINUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLORIDA AUGUST 1, 2000 perform repairs on the homes of elderly persons and single-mother/head of household. Mr. Marshall feels this corporation can make a difference in the lives of people in the target area. He urged the Commission to support his request. Commissioner Fisher reported that during the Agenda Preview Meeting, he requested that staff provide him with additional information regarding the We Change Foundation, Vetsville and the two PBC Resource Center grants. He met with staff and the City Manager to get a better understanding of the process that is used to disseminate the funds. Commissioner Fisher learned that there is a percentage of the funds that can be awarded to community-based projects. That is the reason why some projects have more dollars attributed to them. Commissioner Fisher visited the We Change Foundation and requested that he be provided with documentation regarding the specific number of students that were handled. He never received that documentation. That lack of documentation was also an issue with staff. Commissioner Fisher advised that there is a staff committee that decides how the funds would be disseminated. He recommended that this process be changed for next year so that the committee would include one member each from the Education Advisory Board, the Advisory Board on Children & Youth and the Community Relations Board. Since this is a community- based grant, the community should be involved in the process. Commissioner Fisher said he was unable to find any money in this budget that could be moved around. Vice Mayor Weiland concurred with Commissioner Fisher's remarks. He agreed that more people should be involved in this process in the future. He said he received phone calls from people who are concerned about the amount of money that was requested by the We Change Foundation and the actual amount they would receive. When Vice Mayor Weiland asked how much of this grant money would be kept in reserve, City Manager Bressner responded that there would be $77,000 in reserve. Octavia Sherrod, Community Development Manager, said that in using federal regulations with respect to allocations, HUD is very specific about the dollar amounts that can be used for specific activities. There is a 15% cap on the entire $550,000 that can be used for public service. The Commission could make a decision to increase the allocations; however, those increases could not exceed the 15% cap. She recommended that the Commission take an overall view at the end of this period of the people who are currently receiving funding to see how they are spending the money. Tf there are funds left at that time, those dollars could be disbursed. Ms. Sherrod reported that the City received requests that amounted to $200,000. We had only $82,500 for allocations. Each application was reviewed to determine its worthiness. The committee felt all of the applications were worthy. It is important to look at what the applicant is bringing to the table and how they have substantiated that. The documentation must be included since we have strict guidelines to follow. The applicants must submit letters from other funding sources indicating the amount of money they will be receiving. Some of the applicants did not include that information. Everyone who submitted an application was granted an award. However, Lhis is a competitive process. 15 MEETZNG MZNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLORIDA AUGUST 1, 2000 In response to Commissioner Black, Ms. Sherrod advised that every applicant that receives an award must submit monthly reports to the City. They must also submit their invoices for payment because this is a reimbursable grant. When the fiscal year is complete on September 30~, a report will be publicized and submitted to the Commission. Mayor Broening said he has a bias toward agencies that are located in Boynton Beach. The Boynton Beach Faith-Based Community Development Corporation is important to the redevelopment of this City. In addition, Mayor Broening has been involved with the We Change Foundation and knows that they are doing an extraordinary job with motivation, attitude and education in this community. Mayor Broening further stated that our efforts should be directed toward Vetsville. Motion Commissioner Black moved to approve Proposed Resolution No. R00-112. Commissioner Fisher seconded the motion that carried unanimously. Commissioner Fisher confirmed with the Commission that one member from each of the three boards he mentioned earlier would be included in the process next year. Project: Bruce Black - Fence Variance POSTPONEMENT REQUESTED BY APPLICANT Owner: Bruce Black Location: 321 SW 1~t Avenue Description: Request relief from Chapter 2-Zoning, Section 4 General Provisions, ].1 - Other Structures, requesting a variance to allow a maximum front yard fence height of five feet which is a one foot variance from the four foot maximum height allowed VIII. FUTURE AGENDA ITEMS: A. Minimum Landscape Standards Ordinance (August 15, 2000) Authorize the sale of a certain portion of the City's utility service area (generally known as Biltmore Terrace) to Palm Beach County Utilities, and to establish a new service area boundary between the City and the County based upon that sale (I~RO.~O$,ED R~'$O£1.1I-~'ONNO. RO0-) (August 15, 2000) Proposed Resolution No. R00-99 Re: Interlocal Agreement establishing water and wastewater service area boundaries (August 15, 2000) D. Proposed Revision to Beach Pass Pricing (August 15, 2000) E. Future Annexation Areas (September 6, 2000) 16 MEETING MZNUTES REGULAR CZTY COMMTSSION BOYNTON BEACH, FLOR]DA AUGUST 1~ 2000 Report on Tmplementation Options for Stormwater Fee Structure covering CBD Area tributary to Pond "B" (September 6, 2000) Review of Proposed Tnterlocal Agreement with School District of Palm Beach County to establish public school concurrency (September 6, 2000) Review policy for cemetery late arrival fee and space requirements (September 19, 2000) Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Tnc. for purchase and construction of the 1913 Children's Museum Tnteractive Ecosystem Tndoor Exhibit Report on Proposed Criteria regarding CRA Membership (October 4, 2000) Proposed Policy for Community Activity Grants Health Tnsurance Renewal for 2000/2001 (August 15, 2000) DEVELOPMENT PLANS: None X. NEW BUSZNESS: Approve Special Event Permit for B.A.P.S. Church Tdol Tnstallation Ceremony event on October 1, 2000 subject to tent inspections by City officials Motion Vice Mayor Weiland moved to approve. unanimously, X]:, LEGAL: A, Commissioner Black seconded the motion that carried Ordinances - 2nd Reading - PUBLTC HEARING Proposed Ordinance No. 000-39 Re: Amending LDR, Chapter 2- Zoning, Section 4..1.1. requiring a maximum wall, fence or shrub height within the front setback of four feet, to increase the maximum height to six feet applicable to multi-family zoning districts. Attorney Cherof read Proposed Ordinance No. O00-39 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. WISHED TO SPEAK ON ORDINANCE NO. O00-39. THERE WAS NO ONE PRESENT WHO 17 MEETZNG MZNUTES REGULAR C~TY COMMZSSZON BOYNTON BEACHf FLOI~DA AUGUST If 2000 Motion Commissioner Black moved to approve Proposed Ordinance No. 000-39. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-40 Re: Amending LDR, Chapter 2- Zoning, Section 11, H. -16e, (12) requiring parking spaces for private recreation areas as a factor of distance to units, to require a fiat rate requirement plus spaces for office/administrative uses. Attorney Cherof read Proposed Ordinance No. O00-40 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON ORDINANCE NO. O00-40, Motion Commissioner Black moved to approve Proposed Ordinance No. 000-40. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - ist Reading Proposed Ordinance No. O00-24 Re: Amending Land Development Regulations, Article II, Chapter 21, Section 3. to allow billboards in public use districts on property owned by the City and adjacent to T-95 as a conditional use (7'ABZ£O ON 4/4/00 - 14/2ZZ R£MAZN ON 7'H£ TAB££ UNY'ZZ AFF~R TH£ WORKSHOP ON .IU£ Y ~3~) 2. Proposed Ordinance No. O00-41 Re: City Commission Modifying the term limits for Attorney Cherof read Proposed Ordinance No. O00-41 by title only. Motion Commissioner Black moved to allow public input on Ordinances on first reading on all three Ordinances. Vice Mayor Weiland seconded the motion that carried unanimously. Harvey Over, 512 North Seacrest Boulevard, said he had mixed emotions with respect to this issue. The voters have been asked to vote on this issue many times and this has become a very divisive issue. He recommended that the Commission not move forward with this issue at this time. Tt is his opinion that this Commission had not yet convinced the citizens to change the term limits. Tnstead, Mr. Oyer suggested that the Commission consider a Mayor/Administrator form of government. He also suggested that the Mayor's term of office should be longer than that of the Commissioners. He recommended that Mayor be elected for two three-year terms or two four-year terms and the Commission members could be elected by 18 MEE'D~NG MI'NUTES REGULAR CZTY COMM'rSSZON BOYNTON BEACH,, FLOR.I:DA AUGUST 1, 2000 districts for three two-year terms. Mr. Oyer does not believe the Mayor should run for re- election with the same group of Commission members each time. Henrietta Solomon, 230 NE 26th Avenue, feels that two three-year elective terms have merit. Tn her opinion, our City's problem is its City Commissioners. She pointed out that while campaigning, these Commissioners promised that they would not bring up term limits while they were in office. They have now reneged on their promises. Ms. Solomon believes they lack integrity and she questioned whether or not the people can trust this Commission. Tf bringing up term limits is truly an effort to help the City, then the Commissioners should only consider two three-year terms that would not go into effect until all of the present Commissioners are out of office. Ms. Solomon said she is hopeful that the City of Boynton Beach would never have single-member districts. Terry Periera, 7692 Colony Lakes Drive, supports extended term limits and suggested modifying the Ordinance to allow three two-year terms. Diana 3ohnson, 7 Baytree Circle, is in favor of extending the term limits to either two three- year terms or three two-year terms. She is pleased with the direction of this City and the new open door policy that exists. Mike Friedland said he is opposed to any type of term limits, but he believes the people have spoken. Doing this again proves that no one is listening to the people. He stated that if this does move forward, he believes that it should not take effect while the present Commission is seated. .lames Miriana commended the Commissioners for the good job they are doing, but felt this is not the time to raise this issue again. He recommended forming a committee of citizens to investigate this issue and bring their recommendations back to the Commission. Ron Washam, 112 South Atlantic Drive West, reminded the Commissioners that this issue has been before the public on nine occasions since 1966. Mr. Washam does not believe this is the time to bring up this issue again. He recommended forming a citizens' committee to address this issue and bring back recommendations. DURING MR. WASHAM'S PRESENTATTON, THE Fl'RE ALARM SOUNDED AND THE MEETTNG RECESSED. THE MEETTNG RECONVENED AT 9:4S P.M. Mr. Washam feels it is time to evaluate this issue of extending the terms, but it is something that should be done in the future. This Commission promised that they would not broach this subject. He urged the Commission to appoint a citizens group to address this issue. Lee Wische, 1302 SW 18th Street, said the last time this issue was on the ballot, Leisureville placed 1,000 votes against it. Regardless of what the Commissioners have said, this is self- serving. Three Commission seats are up for re-election in March. Tf this passes, every one of the present Commissioners would benefit. When these Commissioners ran for office, it was with the understanding that it would be for not more than two two-year terms. Although 19 MEET:lNG MTNUTES REGULAR C~TY COMM~SSTON BOYNTON BEACH~ FLOR/DA AUGUST 1, 2000 restructuring is needed, it must be done fairly. Tf this is to be implemented, it should be after the present Commission is out of office. Commissioner Fisher said he has two opinions on this issue. One opinion is that of citizen Charlie Fisher and the other is as Commissioner Fisher. As a citizen, he believes there should be two three-year terms or three two-year terms. Since 1966, this issue has been on the ballot eight times. He enumerated the times when the questions were on the ballot and the wording of the questions. Although Commissioner Fisher agrees that the terms should be extended, he believes that it is important to get the voters to understand the reasons for the extension. The people have said they want it left alone. He would be in favor of forming a task force to review the entire Charter so that the change would come from the entire community. Mayor Pro Tem Sherman feels this is the right time to do this. There are three Commissioners that are mid-stream and can be eliminated during the upcoming March election. Therefore, they will not benefit by this change. Mayor Pro Tem Sherman reviewed the number of votes that were cast on this issue during past elections. Those votes represented only a "microcosm" of the number of registered voters in Boynton Beach. Mayor Pro Tem Sherman explained that the job cannot be done properly in two years. The City of Boynton Beach has the most limited number of terms in the State. He suggested that the City of Boynton Beach become a leader in other areas. Mayor Pro Tem Sherman does not believe this is a self-serving act. Commissioner Black complained that the entire Commission did not get the opportunity to see whether this item should be included on the agenda. He said he has problems with that process. Tn order for this question to appear on the November ballot, it must be passed on second reading at the next City Commission meeting. He expressed concern about this issue being rushed onto the agenda because it gives the perception of being self-serving. Commissioner Black said that during his campaign, he said he would not bring up this issue and he did not bring it up. Commissioner Black feels the real problem with term limits relates to the Commission interaction with staff. It is not easy to get anything done in a two-year period. Commissioner Black said that staff only gets things done for five months of the year because when September comes, staff realizes that the Commission could be changing in March. Tt takes staff a long time to get the job done because the Commission keeps changing its long-term goals. Term limits need to be longer so that staff can receive the direction they need to get the job done. They can't get the job done if they have to "jump through different hoops every six months". Commissioner Black feels this issue of extended term limits needs to be addressed by people other than the Commissions. Vice Mayor Weiland said all of the Commissioners knew this issue was coming forward because it was discussed at an Agenda Preview meeting approximately one month ago. Vice Mayor Weiland said staff prepared several different items of information that he disseminated during that meeting with respect to term limits, salaries and districts. 20 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA AUGUST 1, 2000 Vice Mayor Weiland stated that during his campaign, he said he would not try to abolish term limits and he is not trying to do that. However, the restrictive term limits in Boynton Beach are hampering our productiveness. This is not a self-serving act because three of the Commissioners will be up for re-election in March. If the Commissioners are re-elected, they will only gain one additional year in office. Increasing the term limits would provide the continuity that is needed in Boynton Beach. The Commission would be able to focus on long and short-term goals. It's true that staff gets stalled when the Commission has a plan, but the Commission turns over. This issue relates back to future Commissions being able to be in office for a period of six years. Although an ad hoc committee would be a good idea, the end result would probably get lost in the trenches and not move forward. This City needs to make a valiant effort to get the voters out to vote. If the Commission can show the voters that they are moving forward, the voters would believe their vote means something. Mayor Broening confirmed his belief that term limits are bad even though during the campaign he did say he would not advocate any attempt to overthrow term limits. The City of Boynton Beach has not had a Charter review since the 1970s. He believes this City needs a qualified citizen's panel to look at the Charter with the assistance of the Florida Institute of Government. He believes there is a systemic problem with this Commission going forward with an initiative that would overturn the term limits even though he believes they are not democratic. Mayor Broening proposed that a citizen's panel be organized to move forward with a Charter review. Motion Vice Mayor Weiland moved to approve that staff draft an Ordinance for three two-year terms. I feel this would benefit the City and give the Commission the six years that would help serve the best interest of the City. Attorney Cherof reminded the Commissioners that the Ordinance before them provided for two three-year terms. If there are three two-year terms, there would be an election every year. However, if there are two three-year terms, there would be a new election every third year. Motion Vice Mayor Weiland moved to approve two three-year terms. seconded the motion. City Clerk Sue Kruse polled the vote. Broening and Commissioner Fisher dissented.) Mayor Pro Tem The vote was 3-2. Sherman (Mayor 3. Proposed Ordinance No. O00-42 Re: compensation Adjusting City Commission Attorney Cherof read Proposed Ordinance No. 000-42 by title only. Terry Periera said he read somewhere that the last Commission salary increase was in 1984. He pointed out that no one would continue to work for the same salary they made in :[984. He 21 MEETJ:NG MI'NUTES REGULAR C1'TY COMM'rSS'rON BOYNTON BEACH, FLOR.I:DA AUGUST 1, 2000 supports an increase in salary for the Commissioners. He recommended comparing this City's salaries to neighboring cities to come up with an appropriate amount of compensation. Brian Edwards, 629 NE 9th Avenue, commended Vice Mayor Weiland for his courage in bringing up this issue. He feels the time is right to increase the compensation for our Commissioners. Vice Mayor Weiland said he read in the newspapers that the City's finances are such that we could not afford a pay raise at this time. He pointed out that the Commissioners have approved raises for Police, Fire, blue-collar and white-collar workers, but the Commissioners have not been given an increase since 1984. He found it unbelievable that the City could not afford approximately $15,000 for the five individuals who are entrusted to make the most important decisions in this City. Vice Mayor Weiland stressed that this is not a self-serving act and explained that if that was the intention, the Commissioners could "backdoor" it and add it to the expense allowance they currently receive. Tn that way, it wouldn't have to go before the voters. The Commissioners currently receive $4,200 in compensation plus expenses. Vice Mayor Weiland said he pays $100 per month for dry cleaning expenses only. :It is time to increase the compensation. Commissioner Black was amazed that an increase was being requested. He said he knew what he would be paid for this job when he ran for office and he did not expect to get rich from this job. His motive in running for office was to try to help to move the City forward. Commissioner Black said his dry cleaning bills also run approximately $100 per month, but that is only $:[,200 out of the entire yearly salary of approximately $7,200. Commissioner Black said he asked the City Attorney's Office to provide a comparison of what other cities are paying. The City of Boynton Beach is Iow on that scale. When he attended the Tnstitute for Elected Municipal Officials, salary and term limits were discussed at length among the attendees. While there are a great number of people who are paid more money than Boynton Beach Commissioners, they also have to pay their own travel expenses when they attend seminars. The City of Boynton Beach pays all of those expenses. Commissioner Black questioned whether the Commissioners would be paying all of these expenses if a raise is granted. Commissioner Black further explained that when he became a Commissioner, he was advised that he would be covered with medical insurance at no cost. This Commission receives many benefits and Commissioner Black has a problem asking for more money. Mayor Pro Tem Sherman said he does not believe in all of these travel junkets. He did not go to California or Tampa. When he asked for permission to go to Marco Tsland to attend a waterfront development seminar, he was denied even though he volunteered to drive. Mayor Pro Tem Sherman said he cannot live on the amount of money he receives. He pays $100 per month for dry cleaning, $100+ for gas and $100 for his fax machine. The City provides $30 a month toward the cell phone bill, but he has not had a cell phone bill that has been under $100 per month. Mayor Pro Tem Sherman said that in order to entice quality leaders in this City, they need to be compensated. Tn order to be a world-class city, we must be equal to the cities around us. 22 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA AUGUST 1, 2000 Mayor Pro Tem Sherman feels the time is now to increase the compensation so that the leaders will know that they are respected. Commissioner Fisher said there are certain times to ask for these things. He agreed that there are expenses associated with the position, but his dry cleaning doesn't cost $100 and his fax line is only $30 per month. Commissioner Fisher does not believe the timing is right to request an increase because the Commission recently increased the stormwater rate from $1.00 to $6.00 per month. In addition, in two weeks the Commission will vote on whether or not the employees of the City should begin paying for their health insurance. Commissioner Fisher feels it sends out a better message when those at the top tighten their belts. Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. O00-42. Mayor Pro Tem Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 2-3. (Mayor Broening, Commissioner Black and Commissioner Fisher dissented.) 4. Proposed Ordinance No. 000-43 Re: Instituting single-member voting districts Attorney Cherof read Proposed Ordinance No. O00-43 by title only. Motion Commissioner Black moved to table Proposed Ordinance No. O00-43. THE MOTION FAILED FOR LACK OF A SECOND. Shirley .laskiewicz, 1917 SW 13m Avenue, said she was shocked to see this issue on the agenda. She believes the only thing that is right in the elective process in this City is being elected at-large. She believes every Commissioner should be concerned about every district in the City. Ron Washam agreed with Ms. Jaskiewicz' remarks and pointed out that when someone makes a commitment to serve, it should be for the entire City. He recommends keeping this as is. Anne Centi, 13C Southport, was not happy to see this issue on the agenda. Ms. Centi said this issue would pit one community against another. She said, "do not polarize because you will paralyze". Terry Periera agreed with the establishment of single-member voting districts. He feels that Commissioners who are elected by voters who do not live in their district do not look out for their district because they are concerned about the people who voted them in. He feels it is time for Boynton to do this. Vice Mayor Weiland felt that anyone who would not look at the City's overall needs should not be elected to office. He does not believe this move would polarize the City. Vice Mayor Weiland believes a more diverse Commission is needed. 23 MEEI/NG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA AUGUST 1, 2000 Commissioner Fisher said Lance deHaven-Smith said "such districts in Boynton Beach would dilute the power of the condo commandos and likely diversify the Commission which will also have increased parochialism. You could get Commissioners just concerned with their own district and then there is a tendency to lose sight of the whole City. So voters need to weigh that in their minds. Large-scale projects also can suffer under single-member districts". Mayor Pro Tern Sherman said he came from an area that had separate councilors for each ward. This system worked out well. When the ward needed something, the councilor made the pitch to fill that need. However, the councilor sat at the Commission meeting to deal with City business - not ward business. Mayor Pro Tem Sherman feels single-member voting districts are for the good of Boynton Beach. The people who have usurped the voters' power, will no longer have that power citywide. Commissioner Black said Theresa LePore, Supervisor of Elections, advised that if the City goes to single-member voting districts, we would have to add four to six new polling districts at a large cost to the City. Vice Mayor Weiland said that this would happen anyway within 11/2 years when the Census is released. Mayor Broening said he would rather see this come through a process that is measured and reasonable, with full participation and opportunities to change your mind along the way. With :[5% of the voters voting in Boynton Beach, the voting blocks that elect candidates are considerable and can sway an election. Although single-member districts have merit, they also have drawbacks. Mayor Broening feels this would affect voting patterns in this City. He would like to see this change happen in a natural gradual fashion. However, he realized that perhaps the time was right to do this. Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. 000-43. Mayor Pro Tem Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-2. (Commissioners Black and Fisher dissented.) 5. Proposed Ordinance No. 000-44 Re: Authorizing an amendment to 105.12 of the Standard Building Code Attorney Cherof read Proposed Ordinance No. 000-44 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-44. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 24 MEET'~NG MTNUTES REGULAR CTTY COMM'rss'roN BOYNTON BEACH,, FLOR.I:DA AUGUST if 2000 C. Resolutions: None D. Other: 1. Ratification of Code Compliance Board action: Scott Blasie, Code Compliance Administrator, reported that the violator is the same in both of the cases on the agenda. The violations occurred in different years. a. Reduce the fine in Case #98-58 (350 NW 16th Court) from $20,800 plus $634.12 in administrative costs, to $2,500 The violator had a lawn service business and failed to renew his Occupational License in a timely manner. The Board examined this case and reduced the fine to $2,500. Motion Mayor Pro Tem Sherman moved approval. Vice Mayor Weiland seconded the motion that carried unanimously. b. Reduce the fine in Case #95-1433 (350 NW 16t~ Court) from $1,260 plus $730.15 in administrative costs, to the administrative costs of $730.15 The initial fine that was reduced was much smaller than in the previous case. Motion Vice Mayor Weiland moved to approve. carried unanimously. XTT. UNFTNTSHED BUSTNESS: None XTTT. OTHER: None AD.1OURNMENT: There being no further business to adjourned at 11:00 p.m. Mayor Pro Tem Sherman seconded the motion that come before the Commission, the meeting properly 25 MEE1TNG MI'NUTES REGULAR C'rTY COMMTSSI'ON BOYNTON BEACH, FLOR/DA AUGUST 1, 2000 A-I-FEST: Cib/(~lerk C~"Y OF BOYNTON BEACH Vice Mayor Mayor Pro Tem _~~~~._Commissioner Commissioner 26  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGff DA ITEMS Fill in the information called for below an~/give to the City Clerk prior to the start of the City Commission M e_c_eeeeeeeeeeeeeee~t i n I~. / ame Telephone, 5~[-7-~-~/fY~ Agenda,-~~ Summary of Matter to be Ad~h~essed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior, to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~(~~ 'ff~ ~ ,,,,tt,,to,,.,, dr,,, If a person decides to appeal any decision made by the City Commission w~th respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (551) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City~ prior to the start of the City Commission Me lng. Name Address ~'~ ~//' /* '~~~ Telephone' ~ /- '~ ~ C/ /~ C/ Al/~enda# Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City/~lerk prior to the start of the City Commission Meeting. Name ~/~-~J~ ~ ~/X'II ~l - ! Telephone~ ~/ ~1~ ~ / 4gen Summa~ of Matter to be .ddres~e~~ag~/~ If a person decides to appeal any decision made by the City Cbmmi~ion with respect to any matter considered at this meeting, he/she will need a record of the proceed~gs and, for such p~pose, he/she may need to ensure that a verbatim record of the proceedings is made, which record ~cludes the testimony and evidence upon which the appeal ~ to be based. The City sha~ furnish appropr~te a~ia~ aids and se~ices where necessa~ to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a se~ice, program, or acti~ty conducted by the City. Please contact Joyce Costello, (561~ 7~-6015 at least twenty-fo~ hours prior to the program or activity ~ order for the city to reasonably accommodate yo~ request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City C1 to the start of the City C°mmissi°n Meeting' ~i////~/ Name ~~ ~7/'~' /~ Address Telephone ~ .70"ff- / ~ f~& ~ Agenda ~ ~do-/// Summary of Matter to be If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~~-f~ Address .//3~ Telephone ~ ~,~ Summa. of Matter to be If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (551) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cler~r~rior to the start of the City Commission Meeting. Name ~'~ D~ __~~' Telephone ~ / ~ ~ Summa~ of Matter to be Address~./ / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin§s is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~C-f'~~c~ ~ ~ ~ ~ ~ Address ~ ~'~) ~ ~ -~" ~ Telephone # Summary of Matter to be Addres If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings ands for such purpose~ he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a servicer program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk o~~r to the start of the City Commission Mee~ting. x~ ~ ,~ 0 ~ Name ~ ~ ~ff~'/~ ~ Telephone, ~ ~ ~0 /' ~ ~~ ' .mma o, atte. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AU Fill in the information called for below and give to the City ~erk prior to the start of the City Commission Meeting. ~ ~ ~_ . r'~ Name ~J~ Address ~l( Telephone, Summary of Matter to be AddresseaV If a person decides to appeal a~the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and~ for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING ~/~ ~~-~ PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - AUDIENCE Nam~ Address Telephone # Fill in the information called for below and give to the City Commission Meeting. Summary of Matter to be Addressed prior to the~y If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~-~/~ Address ~ ]~ Telephone ~ Summa~ of Matter to be Address~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedin§s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ./Z~/~f//~/ Telephone, ~~ AI/~enda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City AddressNameCommission Meet~~//'~ ~~~ff~~~ y~. Telephone # ~ nda # -- . Summary of Matter to be ¢ ¢. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (551) 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fciollj~shjj~fOMre~itj~.n called for below and give to the City Cle~or to the start of the City Name ~~ ~//~~[/~' ~ ~ ,~ Telephone, 76c~-~/75 / Agenda# ~) ~?f Summary of Matter to be Addrtssed ./0.~l ~! g,,V.J' ~ A,~ f~"~ /- ~ ~ ~/~ ~/~f¢#~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to~ the City Clerk prior to the start of the City NameC°mmissi°n Meeting. ~ Address ~9 Telephone # Agenda # Summary of Matter to be Addressed If a person decides to~/ppeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING .,.~ ~~ PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone# If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. July 12. 201)0 WOOD I*ARI NFRS J. Stanley Dube Vice Chair Boynton Beach Planning and Development l:loard 100 E. Boynton Beach Boulevard P O Box 310 Boynton Beach, FL 334254)310 Dear Sir: I would like to commend the Boynton Beach Development Board members on your professionalism, experience and intelligence. I mean this with all sincerity. I have dealt with similar advisory boards in nearly a dozen municipalities throughout the southeastern United States over the past 9 years and found Boynton Beach's to be among the most competent of any of I have encountered. In particular, I appreciated your intelligent questions and believ.e you moderated the proceedings at an appropriate pace. Please accept my complements and continue to serve Boynton Beach's citizens with your time, energy and talents. While I wholeheartedly mean everything expressed above, I feel compelled to mention that I was disappointed that you dismissed our text amendment request without giving due consideration to the merits of the proposed amendment. You voted against it on the basis that the city would not make universal zoning code changes to accommodate an individual project. I firmly believe that a change in the definition of high density residential from 10.8 units per acre to 12.1 would benefit Boynton. Most of the apartment communities that have been built in Boynton in recent years have an actual density of 15 to 18 dwelling units per acre. As aerials of the city indicate, Boynton Beach is fast running out of 50+ acre tracts on which 15 to 16 unit multi-family densities can be achieved along side companion office, commercial or lower density residential uses through the PUD zoning mechanism. As most of the desirable remaining parcels in the city limits are less than 20 acres, I believe that the city will have to face the reality that it needs higher residential densities in the near future. I thank your. for yo~ zoning change for ti exceed your expect Boynton Beach. time and attention la~ night aud for your support of our proposed church property. My hope for lhis rental community is that it will ions and raise the bar for all future apartment projects built in Respectfully, McArthur JM/ky 0 W I II I DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: PGD-Second Facility APPLICANT'S AGENT: Richard Aherns, Aherns Companies APPLICANT'S ADDRESS: 151 Commerce Road, Boynton Beach Florida, 33426 DATE OF HEARING RATIFICATION BEFORE C~TY COMMISSION: August 1, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot 6 High Ridge Commerce Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other J:\SHRDATA\Planning\SHARED~WP\PROJECTS\PGD, Inc.- Second Facility\CC 8-1-00 Develop Order. docCity Clerk EXHIBIT "C" Conditions of Approval Project name: PGD Inc. - Second Facility File number: NWSP 00-009 Reference: 2nd review New Site Plan. File # NWSP-00-009 with a July 7, 2000 Planning and Zoning Department dal~, stamp marking. DEPARTMENTS [ INCLUDE I REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: 1. A fire hydrant flow test is required prior to issuance of a building permit. (LDR 6- X 16) POLICE Comments: 2. South elevation shows no lighting and no lighting on rear of building structure east X elevation. Suggest the use of the same 400 watt, metal halide fixtures being installed on the front west elevation. ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 3. Add text to the site data indicating that the accessible route is designed in X compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. 4. Using the FIRM map, identify within the site data the base flood elevation of the X flood zone that the building is located within. If there is no base flood elevation, indicate that on the plans. 5. At the time of permit submittal, provide a completed and executed City unity of title X form. The form shall describe all lots, parcel or tracts combined as one lot. A copy of the deed with legal descriptions of each property that is being unified is required to process the form. The property owner that is identified on each deed shall match. 6. At time of permit review, provide detailed drawings and documentation on the plans X Project name: PGD Inc. - Second Facility File number: NWSP 00-009 Page: 2 I DEPARTMENTS INCLUDE [ REJECT that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrances are in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface £mish, width, cross slope, slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. 7. Compliance with the Building Codes will be evaluated at time of permit review. X The permit fee, water and sewer facility fees, Fire and Life Safety fees, County and State fees will be determined at time of permit review. 8. Permits are required to construct the improvements that are shown on the approved X site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: 9. The applicant must address the possible existence of any protected animals or plants X on the site. This will be coordinated prior to issuance of the clearing and grubbing permit. PLANNING AND ZONING Comments: 10. Provide written confmnation from Palm Beach County's Traffic Division that the X project meets the Traffic Performance Standards. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. NONE X ADDITIONAL CITY COMMISSION CONDITIONS MWR/blw J:\SHRDATA\PLANNING~SHARED[WP~PROJECTS[PGD, INC. - SECOND FACILI'I'h~CC 8-1--00 CONDITIONS OF APPROVAL. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Church of Jesus Christ of Latter Day Saints APPLICANT'S AGENT: Franz Joseph Shropa APPLICANT'S ADDRESS: 50 E. North Temple St., Salt Lake City Utah 84150 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 1, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northeast corner of Woolbright Road and Knuth Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby × GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:\SHRDAT^\Planning\SHAREDWVP\PROJECTS\Church of Jesus Christ of Latter-Day- Sa[nbs\CC 8-1-00 Develop Order. doc EXHIBIT "C" Conditions of Approval Project name: Church of Jesus Christ of Latter Day Saints File number: NWSP 00-010 Reference: 2nd review New Site Plan. File # NWSP 00-010 with a July 5, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: 1. A fire hydrant flow test is required prior to issuance of a building permit. (LDR 6- X ~6). 2. A hydrant will be in place prior to above grade construction (NFPA 1.). X POLICE Comments: 3. Landscaping plans indicates that some new trees, and the canopies they will produce, X will block the illumination of some of the parking lot lighting F~xtures. The trees need to be eliminated or moved away bom lamp poles. ENGINEERING DIVISION Comments: 4. At both driveways, continue the sidewalk through the driveways along the property X line with a minimum thickness of 6 inches of concrete. 5. Locate the "stop" bar and stop sign four (4) feet behind the continuous sidewalk. X BUILDING DiVISION Comments: 6. On sheet SDI.1, identify the proposed finish floor elevation of the proposed building X (lowest floor elevation). Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional of record for the project shall Project name: Church of Jesus Christ of Latter Day Saints File number: lqwsP -00-010 I DEPARTMENTS I INCLUDE REJECT add the following text to the site data: "The proposed lowest floor elevation of NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] b. From the FIRM map, identify the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the lowest floor elevation that the design professional has established for the building within the footprint of the building that is shown on the site plan, floor plan and civil plan. 7. Indicate whether the 11,755 square feet building area that is identified in the site data found on sheet SDi.1 includes the area of the mezzanine. Identify on the plan the X location of the mezzanine. 8. Add to the submittal elevation view drawing of the mechanical enclosure that is X located adjacent to the east end of the church building. 9. A separate permit and plans will be required for the satellite dish that is shown X adjacent to the detached storage building. 10. Please note that the working drawings of the building that were included with the X submittal are not required "nor" have they been reviewed. These drawings are required at the time of permit review, not at site plan review. 11. Place a note within the footprint of the detached storage building indicating that no X hazardous material will be stored within the building. 12. Place a note on sheet A-2, Attic Plan, indicating that the attic will not be used for X storage. 13. Add to sheet A-2, Attic Plan, a distinguishable symbol that delineates the location of X the V4" sheathing that is labeled on the plan. 14. At time of permit review, provide detailed drawings and documentation on the plans X that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrances are in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface f'mish, width, cross slope, slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. Project name: Church of Jesus Christ of Latter Day Saints File number: NWSP -00-010 Page 3 [ DEPARTMENTS I INCLUDE REJECT 15. Compliance with the Building Codes will be evaluated at time of permit review. The X permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. 16. Permits are required to construct the improvements that are shown on the approved X site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X ?LANNING AND ZONING Comments: 17. On the site and landscape plans, locate and label proposed lighting and fire hydrants. X (Ch. 4, Sec. 7. Par. B.4.) 18. Submit a colored elevation drawing of all buildings and wall elevations using the X actual proposed colors for the P & D Board meeting. (Ch. 4, Sec. 7, Par. D.2.) 19. Indicate the number of handicapped spaces required and provided on the site plan X data table. 20. Provide written confirmation from Palm Beach County's Traffic Division that the X project meets the Traffic Performance Standards. 21. A height exception is required to allow the height of the steeple to exceed 45 feet. X (Ch. 2. Sec. 4.F.) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 22. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 23. Tx,~e~em,l,ecd. Atro~q~' ~ MWR/blw j:\SHRDATA\Planning\SHARED\WP\PROJECTS\Church of Jesus Christ of Latter-Day- Saints\CC 8-1-00 Conditions of approval.doc