Loading...
LEGAL APPROVAL MI N UTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 C. SITE PLANS NEW SITE PLAN 1. Project Name: Sausalito Groves Agent: H. P. Tompkins, Jr. HPT Consultants, Inc. Location: West side of Lawrence Road, approximately 400' north of Gateway Boulevard Description: Request for site plan approval to construct entry wall signage, guardhouse, private recreation (clubhouse, tennis court, shuffleboard court, swimming pool and picnic area) common area lake plantings, buffer landscaping and entry feature landscaping. Ms. Heyden made the presentation. This is a PUD consisting of 164 duplex units. This property was annexed earlier this year. It had a master plan approval in Palm Beach County prior to annexation. The City accepted the master plan at the time of annexation. Site plan approval includes project signage. There are two entrances into the project; one on Lawrence Road and one off Gateway Boulevard. Entry wall signage is requested at both entrances. They are also requesting private recreation facility approval. The streets are private and the entrances to the parking areas are off private streets. They have met the requirement to provide 30 parking spaces. Elevations were displayed for review by the members. The clubhouse and guardhouse are a Spanish Mediterranean style with an "s" tile roof and earth-toned stuccoed walls. Color samples were available showing the earth tones and the accent color of "Windsurf Blue". The signs proposed will be of the same colors and will be illuminated from the ground with fixtures. The letters will have a "teal" finish. Staff recommends approval of this request subject to all staff comments. Press_Tompkins, 2295 Corporate Boulevard, Boca Raton, agreed with all staff comments except one made by John Wildner regarding additional recreational amenities in the picnic area. Mr. Wildner suggested a volleyball court or a tot lot. The applicant does not feel these facilities would be appropriate for this community which is targeted for residents 55 years of age and older. He requested relief from this comment. Mr. Wische requested staff's input regarding Mr. Tompkins' request for relief. Ms. Heyden reported that a revised memorandum was received from the Recreation and Parks Department which was based on conversations with Mr. Tompkins. Mr. Tompkins stated that he told Mr. Wildner that he would discuss the request with the owners. The owners believed they had an approved site plan when they were annexed into the City. During the annexation process, they showed the City Commission the amenities proposed. They were surprised 10 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 staff has requested additional amenities. They do not feel a volleyball court or tot lot would benefit the residents they are marketing. Mr. Tompkins stated that he does not know what other amenities he could include in the picnic area that have not already been included. Ms. Heyden confirmed with Mr. Tompkins that they support the inclusion of the picnic area, but not the inclusion of a volleyball court or a tot lot. Ms. Heyden explained that she has never noted a time when the Recreation and Parks Department has asked that a picnic area include a volleyball court or a tot lot. She believes this is a miscommunication. The point of contention is usually the number of pits and tables. Mr. Tompkins said that was not discussed. Ms. Heyden offered to work out a solution with the Recreation and Parks Department before taking this application to the City Commission. In response to a question from Chairman Dube, Mr. Tompkins advised that the name of the project will be changed to "Sausalito Place". Chairman Dube pointed out that his community of Silverlake Estates contains 169 single-family homes which are not targeted for the 55 year old resident. The community put in a volleyball court, and after three months of no use at all, the volleyball court was removed. Mr. Rosenstock advised that as of this meeting, he will ask all developers whether or not they are aware of any outstanding liens or fines due to the City or Palm Beach County. Mr. Tompkins reported that he is unaware of any outstanding liens. This property was just recently purchased and a title search was performed. They could not have taken title if there had been any outstanding liens. Motion Mr. Beasley moved to recommend approval for site plan approval to construct entry wall signage, guardhouse, private recreation (clubhouse, tennis court, shuffleboard court, swimming pool and picnic area) common area lake plantings, buffer landscaping and entry feature landscaping including all staff comments with the exclusion of the Parks comments with reference to the volleyball courts or tot lot. Mr. Wische seconded the motion. Vice Chairman Golden confirmed with Mr. Beasley that his motion was for "exclusion of the Parks comments", rather than resolution of the Parks comments. Vice Chairman Golden stated that he has a problem with the word "exclusion" rather than "resolution" because he has not heard staff's perspective. He is not comfortable with the word "exclusion". The motion carried 6-1. (Vice Chairman Golden cast the dissenting vote because of the wording.) 11 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ''W ~ JUNE 20, 1995 ~ lien was improperly served on the address where the lien is attached. Mr. Cascio said he has spoken with Attorney Cherof about the possibility of entering into settlement negotiations to try to come up with a reasonable figure for Mr. St. Juste to try to settle this mcilter since this is a main scurce of income for him. Mayor Taylor advised that he has not had an opportunity to review any of the documents Mr. Cascio has submitted since they only arrived this evening. He is unfamiliar with this situation and wi II have to research it. Attorney Cheraf stated that this issue should not be addressed this evening, and expressed surprise that Mr. Cascio has represented that the notice was not properly served. The Circuit Court judge determined the opposite when Mr. St. Juste was represented by counsel in trial. This is the only trial the City has taken with respect to a Code Enforcement Board lien. All other cases have been resolved prior to such action. Attorney Cherof requested that Mr. Cascio provide him with a eourtesy copy of the information provided to the City Commission. Attorney Cherof further stated that Code Enforcement staff would certainly offer input regarding this property which is oned the more dilapidated pieces of property within the City. , This property has been maintained in that condition thrGughout the proceedings. The City offered to withdraw the lien if the property was brought into compliance. VIII. DEVELOPMENT PLANS: Description: Sausalito Croves H. P. Tompkins, Jr. - HPT Consultants, Inc. West side of Lawrence Road, approximately 400' north of Gateway Boulevard SITE PLAN: Request for site plan approval to construct entry wall signage, guardhouse, private recreation (clubhouse, tennis court, shuffleboard court, swimming pool and picnic area) common area lake plantings, buffer landscaping and entry feature landscaping A. Project Name: Agent: Location: Press Tompkins, agent for Sausalito Groves, was present to answer any questions the Commission might have following staff's presentation. Tambri Heyden made the presentation. The Planning and Development Board approved this request with a 6-1 vote and an exception regarding Recreation & Parks Memorandum #95-260 18 'J - . . o MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1995 which pertains to one of the five recreational amenities (picnic area). After discussion with Recreation & Parks, Ms. Heyden contacted the developer who has agreed to provide a quiet area with a meandering sidewalk, shade trees and benches. Staff recommends approval of the request subject to staff comments and acceptance of a quiet area. Mr. Tompkins confirmed that the addition of a quiet area is acceptable. Mayor Pro Tern Matson is opposed to the quiet area and would prefer to see recreational facilities to accommodate children of the community. She would like t~ see a small pavilion with picnic tables and a barbecue pit. Mr. Tompkins advised that this PUD has been targeted for residents 55 years of age and older. The developer is providing extensive recreation facilities including a pool, tennis courts, shuffleboard and a meeting area. The area in question was an area which was leftover green space. A decision was made to enhance it to make it more useful. This is a secondary recreational facility. ... Mayor Pro Tem Matson said she did not see anything in the back-up material which mentioned that the community would be targeted toward the 55 year old resident. .. Motion Commissioner Jaskiewicz moved to approve subject to staff comments and recommendations. Vice Mayor Bradley seconded the motion. Mayor Pro Tem Matson questioned whether or not the motion must include a stipulation regarding one of the two options recommended. Motion Commissioner Jaskiewicz moved to approve subject to staff comments and recommendation for Option #2 including the barbecue and picnic tables. Vice Mayor Bradley seconded the motion. Mr. Tompkins requested clarification of the motion, and was advised that the option selected in the motion included the small pavilion. Charles Frederick, Recreation & Parks Director, advised that in readdressing this request, staff realized that this is an isolated area from the main recreation area with no parking access. It 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1995 , is a sliver of a piece of property at the entrance. He is not certain anyone from the community would use a pavilion and barbecue in this location. A quiet area in this location would be better and is one of the legitimat~ credits allowable. Motion Commissioner Jaskiewicz moved to approve subject to staff comments and the recommendation that it be a quiet area as proposed by the developer. Vice Mayor Bradley seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro T em Lynne Matson 1. Problems at Boynton Lakes Park ... This item was deleted and replaced by, "One Cent Sales Tax Increase". Mayor Pro Tem Matson advised that an article appeared in the June 16, 1995 edition of The Palm Beach Post stating that the cities back a one<ent sales'"tax increase. It further stated that the Municipal League supports such an increase. Mayor Pro Tem Matson advised that there was some discussion about this proposal. This increase is for school construction. The discussion included the feeling that we are "taxed to the max", and the Municipal League should not make statements in support of the increase considering the mismanagement and misappropriation of school dollars. There must be accountability. Mayor Pro Tern Matson invited Jody Gleason and Commissioner Karen Marcus, chairpersons of the new Education Task Force, to the Municipal League board meeting to discuss the issue since this cannot be presented to the residents unless the issue is clear. Mayor Pro Tern Matson asked that the record reflect the fact that the Board of Directors of the Municipal League did not take a vote on this proposal. She further wanted to assure the Commission that she would not speak for the City without the Commission first discussing it. Mayor Pro Tern Matson requested that this proposal be placed on the agenda for the next City Commission meeting. City Manager Parker stated that because this would be a referendum, the County, in addition 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 At this time, the parties involved in the Quantum projects left the Chambers to discuss the outstanding issues, and Public Audience was dispensed with next. VII. PUBLIC AUDIENCE Paul Pfenninger, 4085 Floral Drive, said he is the spokesperson for the property owners who live north of Gateway Boulevard and south of Sausalito Place. He said Sausalito Place has blocked all their drainage and their homes will flood. He stated that Sausalito issued the property owners an ultimatum, They wanted them to sign a letter of agreement stating that they would put pipes in but that they would not guaranty that the pipes will work. The property owners would not sign the agr.eement. City Manager Parker advised that Floral Drive is in the County. Sausalito Groves was permitted in the County and then the city annexed them after the property was already permitted in the County. It was permitted to County standards, which are very similar to city standards in that no water from Sausalito goes onto Mr. Pfenninger's property. The problem is that the homes located on his street are older homes basically in the middle of the orange grove. Their water was draining onto Sausalito. The letter that Mr. Pfenninger distributed was an attempt by the developer to assist the homeowners. The developer has met all the criteria to hold his own water on his own property. The homes on Floral Drive do not have any drainage because they are older homes. There is no drainage available to them. When Sausalito went through their engineering, they realized that these homes were draining onto Sausalito and once Sausalito was developed, these homes would no longer have anywhere to drain to. Therefore, their own water is going to stand in their own homes and flood their own homes. In an effort to assist these homeowners, Sausalito agreed to put in an 8 to 10 foot drainage pipe at no cost to the homeowners. City Manager Parker read the following from the developer's letter: We think this will help you address your drainage situation; that it will give you a method for some of the water to drain off. We are not engineering a drainage system for your street. Therefore, we do not guaranty any level of drainage will be achieved. City Manager Parker said the residents did not want this drainage pipe installed, The County Engineer and the developer's engineer have verified that the water is not coming from Sausalito. At this point, unless the developer is still willing to put in this pipe, the remedy for these homeowners is either to ask the County to install some drainage improvements on their street, or to install some drainage improvements at their own cost. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 Mayor Taylor advised that he spoke to County Commissioner Warren Newell about this problem and asked him to see if he can help the homeowners. Mr. Pfenninger said he has been in touch with Commissioner Newell's office and nothing has been resolved.' Mayor Taylor pointed out that it has only been one week since Mr. Pfenninger has brought forth this problem. He believes Commissioner Newell is contacting the Engineering Department to see what can be done. Mayor Taylor will follow up on this matter and keep Mr, Pfenninger apprised. However, he encouraged Mr. Pfenninger to keep the pressure on the County also. Joan Grady, 1633 N.E. 2nd Street, complained of her neighbors practicing voodoo rituals on her property to drive her off her property. This has been going on for over four years, She called the police on numerous occasions and was told that her neighbors have the right to practice their religion. She has had blackbirds put in her doors. Her neighbors walk around her property at night pouring urine around her property. They have taken stones from her property. They dr!ve over the stones that she has around her lot. They drive up in her yard. Every morning the men stand outside facing the sun and urinate. When they come home in the evening, they face the sunset and they urinate. Mayor Taylor advised Ms. Grady that the city will look into this matter. Mayor Taylor declared a recess at 8:50 p.m. The meeting resumed at 9:05 p.m. Item VIII.A was discussed next. VIII. DEVELOPMENT PLANS A. Project: Agent: Owner: location: Woolbright Place PUD RECONSIDERATION Brett Nein - eCl Consultants, Inc. Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and S. W. 8th Street Master Plan Modification - Request to amend the previously approved master plan to change the dwelling units within Pod 1 from 90 multi-family dwelling units to 85 single-family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet and reduce the perimeter building setbacks along SW 8th Street and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively, add private recreation and establish recreation setbacks Description: 24 . MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ JUNE 20, 1995 lien was improperly served on the address where the lien is attached. Mr. Cascio said he has spoken with Attorney Cherof about the possibility of entering into settlement negotiations to try to come up with a reasonable figure for Mr. 51. Juste to try to settle this matter since this is a main source of income for him. Mayor Taylor advised that he has not had an opportunity to review any of the documents Mr. Cascio has submitted since they only arrived this evening. He is unfamiliar with this situation and wi II have to research ;t. Attorney Cherof stated that this issue should not be addressed this evening, and expressed surprise that Mr. Cascio has represented that the notice was not properly served. The Circuit Court judge determined the opposite when Mr. St. Juste was represented by counsel in trial. This is the only trial the City has taken with respect to a Code Enforcement Board lien. All other cases have been resolyed prior to such action. Attorney Cherof requested that Mr. Cascio provide him with a courtesy copy of the information provided to the City Commission. Attorney Cherof further stated that Code Enforcement staff would certainly offer input regarding this property which is one of the more dilapidated pieces of property within the City. This property has been maintained in that condition throughout the proceedings. The City offered to withdraw the lien if the property was brought into compliance. VIII. DEVELOPMENT PLANS: j I: I' Description: Sausalito Groves H. P. Tompkins, Jr. - HPT Consultants, Ine. West side of Lawrence Road, approximately 400' north of Gateway Boulevard SITE PLAN: Request for site plan approval to construct entry wall signage, guardhouse, private recreation (clubhouse, tennis court, shuffleboard court, swimming pool and picnic area) common area lake plantings, buffer landscaping and entry feature landscaping A. Project Name: Agent: Location: Press Tompkins, agent for 5ausalito Groves, was present to answer any questions the Commission might have following staff's presentation. Tambri Heyden made the presentation. The Planning and Development Board approved this request with a 6-1 vote and an exception regarding Recreation & Parks Memorandum #95-260 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1995 which pertains to one of the five recreational amenities (picnic area). After discussion with Recreation & Parks, Ms. Heyden contacted the developer who has agreed to provide a q~iet area with a meandering sidewalk, shade trees and benches. Staff recommends approval of the request subject to staff comments and acceptance of a quiet area. Mr. Tompkins confirmed that the addition of a quiet area is acceptable. Mayor Pro Tem Matson is opposed to the quiet area and would prefer to see recreational facilities to accommodate children of the community. She would like to see a small pavilion with picnic tables and a barbecue pit. Mr. Tompkins advised that this PUD has been targeted for residents S5 years of age and older. The developer is providing extensive recreation facilities including a pool, tennis courts, shuffleboard and a meeting area. The area in question was an area which was leftover green space. A decision was made to enhance it to make it more useful. This is a secondary recreational facility. Mayor Pro Tem Matson said she did not see anything in the back-up material which mentioned that the community would be targeted toward the 55 year old resident. Motion Commissioner Jaskiewicz moved to approve subject to staff comments and recommendations. Vice Mayor Bradley seconded the motion. Mayor Pro Tern Matson questioned whether or not the motion must include a stipulation regarding one of the two options recommended. Motion Commissioner Jaskiewicz moved to approve subject to staff comments and recommendation for Option #2 including the barbecue and picnic tables. Vice Mayor Bradley seconded the motion. Mr. Tompkins requested clarification of the motion, and was advised that the option selected in the motion included the small pavilion. Charles Frederick, Recreation & Parks Director, advised that in readdressing this request, staff realized that this is an isolated area from the main recreation area with no parking access. It 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ...... .,.., \ JUNE 20, 1995 .. is a sliver of a piece of property at the entrance. He is not certain anyone from the community would use a pavilion and barbecue in this location. A quiet area in this location would be better and is one of the legitimat~ credits allowable. . Motion Commissioner Jaskiewicz moved to approve subject to staff comments and the recommendation that it be a quiet area as proposed by the developer. Vice Mayor Bradley seconded the motion which carried 4-1. (Mayor Pro Tern Matson cast the dissenting vote.) IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro T em Lynne Matson 1 . Problems at Boynton Lakes Park This item was deleted and replaced by, "One Cent Sales Tax Increase". Mayor Pro Tern Matson advised that an article appeared in the June 16, 1995 edition of The Palm Beach Post stating that the cities back a one-cent sales tax increase. It further stated that the Municipal League supports such an increase. Mayor Pro Tern Matson advised that there was some discussion about this proposal. This increase is for school construction. The discussion included the feeling that we are "taxed to the max", and the Municipal League should not make statements in support of the increase considering the mismanagement and misappropriation of school dollars. There must be accountability. Mayor Pro Tern Matson invited Jody Gleason and Commissioner Karen Marcus, chairpersons of the new Education Task Force, to the Municipal League board meeting to discuss the issue since this cannot be presented to the residents unless the issue is clear. Mayor Pro Tern Matson asked that the record reflect the fact that the Board of Directors of the Municipal League did not take a vote on this proposal. She further wanted to assure the Commission that she would not speak for the City without the Commission first discussing it. Mayor Pro Tern Matson requested that this proposal be placed on the agenda for the next City Commission meeting. City Manager Parker stated that because this would be a referendum, the County, in addition 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 C. Approve Change Order No. 1 with Montgomery Environmental for replacement of additional areas of contaminated sheetrock in the amount of $7,859.60 As outlined in Facilities Management Division Memorandum No. 95-117, additional contaminated sheetrock was found during the remediation process in the East Wing which required removal, replacement and additional cleaning. Motion Vice Mayor Bradley moved to approve Change Order NO.1 in an amount not to exceed $7,859.60. Commissioner Jaskiewicz seconded the motion. Mayor Taylor questioned why this item appeared on the agenda for approval since the work has already been completed. City Manager Parker advised that this is a formality since there was no choice but to replace the sheetrock during the process. The motion carried unanimously. D. Authorization to proceed with advertising RFP for consultant for Comprehensive Plan Planning and Zoning Department Agenda Memorandum dated October 10, 1995, from Tambri Heyden to Carrie Parker, requests authorization to proceed with advertisement for professional consultants to assist staff in completing the state-mandated evaluation of the City's Comprehensive Plan. This evaluation and appraisal report must be adopted and transmitted to the Florida Department of Community Affairs by August 1,1996. Motion Vice Mayor Bradley moved to approve. Commissioner Jaskiewicz seconded the motion which carried 4-0. E. Authorization to proceed with Task Order No. 25 with CH2M Hill for Engineering Services for Water, Sewer, and Storm water Rate Study, Organization and Operating Efficiency Study, and Comprehensive Plan Update Utilities Department Agenda Memorandum No. 95-275 dated August 29, 1995, from John Guidry to Carrie Parker, requests authorization to proceed in order to effect completion by the end of 1995. Funds are available in the Utility General Reserve Fund. Motion Vice Mayor Bradley moved to approve Task Order #25. Commissioner Jaskiewicz seconded the motion wh ich carried 4-0. III. CONSENT AGENDA 3 ~ WttI(I MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 A. Minutes 1. Regular City Commission Meeting Minutes of October 2, 1995 The minutes were accepted as presented. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Award bid for the resurfacing of five (5) tennis courts at the Congress Avenue Racquet Center to Accurate Tennis Courts in the amount of $9,566 The Tabulation Committee recommends awarding the bid to Accurate Tennis Courts of Boca Raton, Florida, in the total amount of $9,566. Accurate Tennis Courts is the lowest bidder and has been determined by the Purchasing Department and the Project Manager to be the most responsive, responsible bidder meeting all required specifications. 2. Award bid for annual requirements for bulk fertilizer for the Municipal Golf Course to Harrell's, Inc. at $8.23 per bag The Tabulation Committee recommends awarding the bid in part to Harrell's Inc., for the 15-5-15 type fertilizer. Harrell's Inc. was the only responsible, responsive bidder who met all specifications. 3. Award bid for the annual contract for cleaning chemicals and janitorial supplies to various vendors as indicated on the tab sheet The Tabulation Committee recommends awarding the bid to various vendors for each category. Thirteen (13) bids were received. All vendors awarded are considered to be the most responsive, responsible bidders meeting all required specifications. C. Resolutions 1. Proposed Resolution No. R95-167 Re: Acceptance of replat for Plat No. 10 of Quantum Park for PJM at Quantum Park This resolution was deleted from the agenda. 2. Proposed Resolution No. R95-168 Re: Acceptance of replat for Lawrence Lakes PU D 3. Proposed Resolution No. R95-169 Re: Acceptance of Letter of Credit for water and sanitary sewer improvements for Santa Cruz, Inc. 4. Accept Letter of Credit for Sausalito 4