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LEGAL APPROVAL - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA r--1 --f..-. I JUNE 20, 1995 C. Resolutions 1. Proposed Resolution No. R95-92 Re: Grant Submittal - Phase II Palm Beach County Roadway Beautification Grant Congress Avenue Medians (4) 2. Proposed Resolution No. R95-93 Re: Authorize execution of contract with Gee & Jenson in the amount of $7,860 for contract administration services Phase III - COBG road improvements 3. Proposed Resolution No. R95-94 Re: Surety Release for Motorola at Quantum Park, Lots 12, 13 & 14 (Catalfumo) 4. Proposed Resolution No. R95-95 Re: Surety Reduction for Quail Run Villas " 5. Proposed Resolution No. R95-96 Re: Florida Motor Vehicle Theft Prevention Authority Grant 1995-96 Funding Cycle C. Approval of Bills A copy of the bills is attached to these minutes on file in the City Clerk's Office. E. Payment of Bills - May, 1995 A copy of the bills is attached to these minutes on file in the City Clerk's Office. F. Budget transfer from the Golf Course Contingency Fund to cover cost of termite treatment to the clubhouse, range building, and one relief station and additional Brink's pick-ups Memorandum #95-025 dated May 29, 1995, from Joe Sciortino through the City Manager, is r~quests the transfer $2,695 from the Golf Course Contingency Fund into Other Contractual Services, Account #411-725-5-499.00 to cover the costs outlined above. G. Authorize purchase of Theft Deterrent System for Library from Knogo North America, Inc., in the amount of $15,000 4 MINUTES - REGULAR CITY C~lSSION MEETING aOYNTON BEACH. FLORIDA NOVEMBER 15. 1994 development. My mO"Yl also include ~t there be no fi change with res to the revise . ster plan, and t he proposed hange to Quantum Par Order is not bstantia I deviat' , does not r re further Deve10pme of Regional Impa review, and is subject to blic hearing for pu ses other than t passage of an Or ance to rev' the original Qua m Park DRI 00, al established by inance. Commissioner Katz seconded the motion, which carried 4-0. Quantum Lots 12. 13. and 14 Jeff Lis (Catalfumo) Quantum Associates West side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard NEW SITE PLANS: Request to construct a 100,000 square foot office/research and development building with associated parking and landscaping. Mayor Harmening said this will be a new Motorola plant which is not part of the paging division. 2. Project Name: Agent: Owner: Location: Description: Ms. Heyden made the presentation. She advised that the handout which was distributed this evening, supersedes the information contained in the original backup packet. This handout is the result of comments by staff subsequent to the delivery of the first package of information. The changes from the original packet are very minimal in nature. A third drive- way was added in the northern section of the site in response to comments by the Police Department. Because the driveway to the south is used for truck traffic, the internal radius had to be widened out. That resulted in the loss of parking spaces. Also, there was a loss of parking in the area of the north driveway. There are 387 parking spaces as a result of the additional driveway and turning radius. This is a loss of thirteen (13) parking spaces; however, there is still more than sufficient parking. Ms. Heyden feels that the applicant has provided so much parking because of the fact that the employees work shifts, and there may be some overlapping. Ms. Heyden said this will be a two-story building of 100,000 square feet to be used for office/research and development/industrial. The proposed development shows three driveways. At the Planning and Development Board meeting, the applicant stated he would like to omit the middle driveway. Landscaping exceeds Code requirements. This project is not in the Community Design District. It will be a gray colored building. The Planning and Development Board unanimously recommended approval of this application, subject to the comments which were distributed this evening. - 12 - MINUTES - REGULAR CITY CO' 'SSION MEETING ,BOYNTON BEACH. FLORIDA NOVEMBER 15. 1994 Vice Mayor Matson pointed out that she attended the Planning and Development Board meeting where Chainman Lehnertz recommended replacing the Cypress mulch with Mela1euca mulch. This was not a condition of approval. Mr. Lis agreed that if there was an even swap there would be no problem. He did, however, express concern with the possibility of insect infestation. Mr. Lis agreed to comply if, after investigation, there are no concerns about insect infestation. Jeff Lis. representing! joint venture between Catalfumo and Tambone. said he has spent a great deal of time with staff getting this project ready for review by the City Commission. They have no problems with any of the staff comments which must be incorporated into the plans. However, he requested permission to obtain a foundation and column penmit from the Building Department prior to submittal of all of the plans addressing all of the comments. Discussions had taken place with staff wherein there was agreement that the applicant would submit plans addressing all comments prior to final building permit. Mr. Lis requested a deviation from that so that they can begin work on the first floor installation of footers, the floor, and the columns to go to the second floor prior to having complete submittals of all comments on all plans. Mayor Harmening pointed out that the Building Code makes provision for a foun- dation permit. Mr. Hukill said he has a problem with this request since he is not sure staff has enough information to inspect the foundation. He has not seen a foundation drawing. Mr. Hukill said he received four sheets of drawings last Thursday afternoon at 4:30 p.m. Two of those sheets were landscape drawings, one was drainage and paving and the fourth was site plan. Mr. Lis said he will have complete drawings for review by the Building Department for the submittal they are requesting. They will be signed and sealed. Soil tests have been completed and were already submitted to Engineering. City Manager Parker advised that building permits need not come before the City Commission. As long as the City Commission agrees with the concept, staff will continue to work with the applicant to be sure all technical aspects are handled. If we do not have anyone on staff, we will allow the applicant to hire a specialist to do the special inspection. Mayor Hanmening said he does not feel very secure initiating any kind of permit, including a foundation penmit, without the plans for the foundation. Mr. Lis said complete plans will be submitted to the Building Department for review prior to the issuance of any penmit. Motion Vice Mayor Matson moved to approve new site plan to construct a 100,000 square foot office/research and development building with associated parking and land- scaping on Quantum Park Lots 12, 13 and 14, west side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard, subject to staff comments and also to include the possible replacement of Cypress mulch with Melaleuca mulch, subject to further review, plus the changes to the driveway configuration. Commissioner Katz seconded the motion, which carried 4-0. ... - 13 - S)k ff~ tic RESOLUTION NO. R95-9~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE FULL RELEASE OF SURETY IN THE AMOUNT OF $6500 TO CATALFUMO ,(MOTOROLA ATOUANTUM PARK, _,LOTS 12,13 & 14); AND PROVIDING AN EFFECTIVE DATE WHEREAS, staff has verified completion of excavation and fill on the above property; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby authorizes full release of surety in the amount of $6500 to Catalfumo Development and Construction, Inc. (Motorola at Quantum Park, Lots 12,13 & 14). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes full release of surety in the amount of $6500 to Catalfumo Development and Construction, Inc. Section 2. That this Resolution shall become effective immediately upon passage. day of ~e- , 1995. PASSED AND ADOPTED this ~a CITY OF BOYNTON BEACH, FLORIDA M c~ ~~ Vice Mayor /~ I ',-- \..--- LQ\"~'" '--~ Mayo.t Pro Tern "'- - r'- .7}/ -:?!- I' I )?' ~. " u :t."..,Lg-- I.. :. ~ ATTEST: ~~Ck~~<> Ci Y Clerk (Corporate Seal) Sur.>ty. Rei QIJ^.NTtJMIMOTOROI.A fJll.,/95 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 'Pf " r! J.. _,1_..' ,) 0 - , HTl +n ~~, u MAY 16, 1995 regulations that would apply to anything not addressed by this agreement. Paragraph 18 provides that all of the required construction improvements and landscapi~g need to be bonded. They need to provide 110 percent surety for all of those improvements, and they will be completed within a period of 21 months. There was a previous right-of-way licensing agreement which the parties are reratifying. There was an error in the legal description. A paragraph is included in this agreement stating that the parties will correct that error in the legal description. Paragraph 20 provides for enforcement and provides that the terms of the agreement are binding not only on Mr. Scharlin, but on anyone who acquires any of the property. Attorney Cherof advised that this agreement has his recommendation for approval as to legal content with respect to the development related zoning and planning issues. It represents a good compromise which is in the best interest of the City, the property owner, and the citizens in the area. Motion Mayor Pro Tem Matson moved to approve the Tradewinds settlement. Vice Mayor Bradley seconded the motion. Commissioner Jaskiewicz said there are prohibited uses contained in the agreement which were not part of the original agreement. She will not support this agreement. The motion carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) Attorney Cherof advised that this was Proposed Resolution No. R95-65. 2. Proposed Resolution No. R95-81 Re: Abandonmentofa 12' wide drainage easement - Quantum Lots 13, 14 Attorney Cherof read Proposed Resolution No. R95-81 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-81. Vice Mayor Bradley seconded the motion which carried unanimously. 3. Proposed Resolution No. R95.82 Re: Supporting and endorsing the 40 MINUTES '- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ..""" MAY 16, 1995 location of a convention center at the Interstate-95 Congress Avenue site in South Palm Beach County Attorney Cherof read Proposed Resolution No. R95-82 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R95-82. ViLe Mayor Bradley seconded the motion which carried unanimously. 4. Proposed Resolution No. R95-83 Re: Final plat approval Nautica II This Resolution was disposed of earlier in the meeting. D. Other None XI. UNFINISHED BUSINESS: A. Revocation of License for Quik Arrival Towing This item was disposed of earlier in the meeting. B. Selection of Architect for 1913 Elementary School Motion Vice Mayor Bradley moved approval of accepting Bob Currie & Associates as the 1913 Elementary School architect. Commissioner Rosen seconded the motion. Attorney Cherof recommended ranking a first and second choice architect in case an agreement does not get signed. Vice Mayor Bradley amended his motion to rank Currie & Associates as #1, and Brower Architectural Associates/Gee & Jenson as #2. Commissioner Rosen seconded the amended motion which carried unanimously. XII. CITY MANAGER'S REPORT: City Manager Parker reminded the Commissioners of the 8:00 a.m. meeting at the Pistol Range 41 RESOLUTION NO. R95-.8/ !I :: A RESOLUTION OF THE CITY COM:MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWELVE (12') FOOT WIDE DRAINAGE EASEMENT, THE CENTER OF THE EASEMENT BEING LOCATED AT THE PROPERTY LINE OF QUANTUM PARK, LOTS 13 AND 14; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Ii " , ~ WHEREAS, the applicant, Jeff Lis, agent for Daniel Catalfumo contract purchaser of Lots 12 - 14 within Quantum Park is requesting abandonment of a twelve foot (12') wide drainage easement, the center of the easement being located at the property line of Quantum Park, Lots 13 and 14 in connection with the proposed development of Lots 12 14 due to I encroachment of a future building over a portion of the easement; and ,I WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's 'i Planning and Zoning Board and the City Commission on the ~1 proposed abandonment; and 'i i :i WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose. :i II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'I i THE CITY OF BOYNTON BEACH, FLORIDA, THAT: :1 ! ~ Section 1. The City Commission of the City of Boynton I Beach, Florida by and through its City Commission does hereby ! abandon a twelve (12') foot wide drainage easement, the center I of the easement being located at the property line of Quantum II Park, Lots 13 and 14, in the City of Boynton Beach, Florida and i: more particularly described in Exhibit "A" attached hereto. I :1 Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. That this Resolution shall become effective immediately upon passage. fl.. ~ " , .. . ,. \,p/" ~;; \. ,,--~;:"~< ::)~ ~4' ,I,. ,,""]~ -! ;r.-""~' ~~ ATTEST: "..0._;' PASSED AND ADOPTED this /~ day of May, 1995. CITY OF BOYN~ON BEACH, FLORIDA ( - / //. /,.,.-: f:~1 "". . 0'<' Ma(or I ~,- [\, --- " ~iC Mayor "_...;. . ~~~~ M, or Pro Tem . c~~~~s~~~eF' ,~Kc~_,._c . 'j " ~7~Q;;c~ Cit Clerk Commissioner . . / ( "J- f-(% 1(' 0 J. t. commissioner , (Seal) I w ""'" EXHIBIT "A" A strip of land 12 feet in width being a portion of Lots 13 and 14, according to the Plat of Quantum Park at Boynton Beach, P.I.D., Plat No.2, as recorded in Plat Book 57, Pages 184 and 185, Public Records of Palm Beach County, Florida, lying 6.00 feet on each side of the following described centerline: Beginning at the southeast corner of said Lot 13; thence north 71 degrees 00'00" West along the South line of said Lot 13 a distance of 22.62 feet; thence departing said South line North 01 degrees 16 degrees 01" East a distance of 170.61 feet; thence North 75 degrees 20' 02" West a distance of 310.33 feet to a point lying on the Westerly line of said Lot 13 and the westerly terminus of this description. Subject to easements, rights-of-way and other matters of record. Property Control #08-43-45-17-07-000-0130 and #08-43-45-17-07-000-0140 MINUTES - REGULAR CITY C~ ~SION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 15. 1994 Consensus There was a consensus of the Commission, insofar as the foundation permit which includes the footing and in some places, it includes a monolithic slab, and the necessary beginnings of the columns, which is addressed by the Building Code as a foundation only permit, for the developer to proceed without all of the staff comments being addressed on the original plans, but the staff comments will be addressed on the final plans. The developer was agreeable with the consensus. Vice Mayor Matson said it is wonderful to see the Park used for its origina1ly- intended purpose. Mayor Pro Tem Bradley said the City has been accused of dragging its feet on projects. This application has worked very well, and he will be talking with the City Manager to learn, in more detail, why this moved so smoothly and expe- ditiously. Commissioner Katz pointed out that the applicant has a great deal to do with the process going so smoothly. It is a two-way street. Mayor Harmening explained that the City did not relax any standards in this case. Mr. Lis agreed, and thanked staff for the extra time they spent in getting this project processed in this fashion. It was a good experience from a developer's point of view. c. OTHER: None 1. Co 1der allow' 9 sale of beer in a ontrolled aBeer Garden~ G.A.L.A. similar requests h few have been ap Special from IX. NEW BUSINESS: A. Mayor Harmeni reminded e Commissioners before the City Commiss . n in the past and I Mayor Pro em Bradle introduced Lynn the Chamb r of Comm ceo In resp nse to C issioner Katz. qu tion with regard 0 the City's liability covera , Attar y Cherof said he s s no problem wi this request. dvised Commissioner Katz that they nticipate net sales of $16,000 the City. The expen s for entertainment will come Ms. ~ Dowell which will out of th - 14 - MINUTES - REGULAR CITY CO ~SSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 15. 1994 Vice Mayor Matson pointed out that she attended the Planning and Development Board meeting where Chairman Lehnertz recommended replacing the Cypress mulch with Mela1euca mulch. This was not a condition of approval. Mr. Lis agreed that if there was an even swap there would be no problem. He did, however, express concern with the possibility of insect infestation. Mr. Lis agreed to comply if, after investigation, there are no concerns about insect infestation. Jeff Lis. representing! joint venture between Catalfumo and Tambone. said he has spent a great deal of time with staff getting this project ready for review by the City Commission. They have no problems with any of the staff comments which must be incorporated into the plans. However, he requested permission to obtain a foundation and column permit from the Building Department prior to submittal of all of the plans addressing all of the comments. Discussions had taken place with staff wherein there was agreement that the applicant would submit plans addressing all comments prior to final building permit. Mr. Lis requested a deviation from that so that they can begin work on the first floor installation of footers, the floor, and the columns to go to the second floor prior to having complete submittals of all comments on all plans. Mayor Harmening pointed out that the Building Code makes provision for a foun- dation permit. Mr. Hukill said he has a problem with this request since he is not sure staff has enough information to inspect the foundation. He has not seen a foundation drawing. Mr. Hukill said he received four sheets of drawings last Thursday afternoon at 4:30 p.m. Two of those sheets were landscape drawings, one was drainage and paving and the fourth was site plan. Mr. Lis said he will have complete drawings for review by the Building Department for the submittal they are requesting. They will be signed and sealed. Soil tests have been completed and were already submitted to Engineering. City Manager Parker advised that building permits need not come before the City Commission. As long as the City Commission agrees with the concept, staff will continue to work with the applicant to be sure all technical aspects are handled. If we do not have anyone on staff, we will allow the applicant to hire a specialist to do the special inspection. Mayor Harmening said he does not feel very secure initiating any kind of permit, including a foundation permit, without the plans for the foundation. Mr. Lis said complete plans will be submitted to the Building Department for review prior to the issuance of any permit. Motion Vice Mayor Matson moved to approve new site plan to construct a 100,000 square foot office/research and development building with associated parking and land- scaping on Quantum Park Lots 12, 13 and 14, west side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard, subject to staff comments and also to include the possible replacement of Cypress mulch with Me1aleuca mulch, subject to further review, plus the changes to the driveway configuration. Commissioner Katz seconded the motion, which carried 4-0. ... - 13 -