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AGENDA DOCUMENTS MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 6, 1994, AT 6:30 P. M. PRESENT Edward Hanmening. Mayor Matthew Bradley. Mayor Pro Tem Jose Aguila. Commissioner David Katz. Commissioner Carrie Parker. City Manager James Cherof, City Attorney Sue Kruse. City Clerk I. OPENINGS [ff)f%J[}J[}V A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Hanmening called the meeting to order at 6:30 P. M. Alan Brewster of Grace Fellowship Church offered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Matthew Bradley. D. Agenda Approval 1. Additions, Deletions, Corrections City Manager Parker deleted Item III.H (Workers' Compensation settlement for John Callahan). She stated that the City is not legally required to vote on this item. She added Item XI.A (Approval of Bus Graphics). City Attorney Cherof added Item X.D.2 (Report on the St. Juste Code Enforcement Litigation). He advised that Items X.B.I through X.B.3 regarding Sausalito Groves can be stricken from the agenda. They will come back in revised fonm for first reading. Commissioner Katz added Items IX.B.I (Sponsoring Bryan Croft to the World Police and Fire Games) and IX.B.2 (Holiday Parade Route). 2. Adoption Motion Commissioner Katz moved to approve the agenda as amended. Mayor Pro Tem Bradley seconded the motion. which carried 4-0. II. ADMINISTRATIVE A. Appointllents to be _de Appointment To Be Made Board Reg/ Alt Alt Alt Length of Tenm Expiration Date Tenm expires 4/95 TABLED 2 yr tenm to 4/96 TABLED II II Bradley Bradley Education Advisory Board Board of Adjustment - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA I I I Ag u il a Mayor Harmening II Bradl ey II Bradley I II Aguila IV Matson Mayor Harmening I Ka tz II Bradl ey III Aguila Motion Cemetery Board Alt Nuisance Abatement Board Alt Education Advisory Board Alt Board of Adjustment Reg Nuisance Abatement Board Reg Education Advisory Board Reg Planning & Development Board Reg Civil Service Board Alt Community Relations Board Alt Education Advisory Board Reg DECEMBER 6, 1994 1 yr term to 4/95 TABLED 2 yr term to 4/96 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/96 TABLED Term expires 4/95 Term expires 4/95 Term expires 4/95 Mayor Pro Tem Bradley moved to remove all appointments from the table. Commissioner Aguila seconded the motion, which carried 4-0. Mayor Pro Tem Bradley appointed Linda Boone to the Community Relations Board as an alternate member, without objections. Motton Commissioner Aguila moved to table the remaining appointments. Commissioner Katz seconded the motion, which carried 4-0. Motion Commissioner Aguila moved to remove Susan Bottcher from the Civil Service Board, Annie Matthews from the Community Relations Board, and Jeanne Pilgrim from the Education Advisory Board for failure to attend meetings. Commissioner Katz seconded the motion, which carried 4-0. B. Approve Change Orders '1 through '7 for Meadows Park for a total of $1,049.30 and Change Order '3 for Boynton Lakes Park for a total of $477.70 According to Facilities Management Division Memorandum No. 94-17, this is all the requests for Boynton Lakes Park, but there are still two requests for Meadows Park~which have been returned to them for better back-up information. Motion Commissioner Agut.l~ moved to approve Change Orders #1 through #7 for Meadows Park for a total of $1,049.30 and Change Order #3 for Boynton Lakes Park for a total of $477.70. Commissioner Katz seconded the motion. In response to Mayor Pro Tern Bradley, City Manager Parker advised that there is no duplication; that there are two fountains on the site. The motion carried 4-0. - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1994 111. CONSENT AGENDA A. Minutes 1. City Commission Workshop Meeting Minutes of November 14, 1994 No changes were made to these minutes. 2. Regular City Commission Meeting Minutes of November 15, 1994 At the top of page 3, Commissioner Katz stated that the date of Parsonsl Memorandum should be December 4, 1991, not 1994. B. Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget 1. Co-op bid for annual contract for gasoline and diesel fuel The Purchasing Department recommended going along with the extension of the b.id as follows: Fuel Regular Unleaded Diesel #2 (on/off road) Supreme Unleaded Plus Unleaded Transport BP Oil Coastal Coastal Coastal Tankwagon A-1 A-1 BP Oi 1 A-1 The Purchasing Department also recommended approval for extension for an addi- tional year as approved by the Palm Beach County Board of County Commissioners at the October 4, 1994 meeting. (This bid has a two year renewal option.) 2. Awa~ bid to San Francisco Puffs & Stuff to serve as con- cessionaire for the Great American Love Affair The Tabulation Committee recommended awarding this bid to San Francisco Puffs & Stuff of Fort Lauderdale, Florida. San Francisco Puffs & Stuff was the sole bidder. They exceed all specifications and the Recreation and Parks Department has been pleased with their past perfonmance. 3. ~~ bid to Jones Chemicals, Inc. of Fort laude~ale, Florida, for the annual supply of sod1U1 hydroxide in the amount of $8,603.00 The Tabulation Committee recommended awarding this bid to Jones Chemicals, Inc. in the amount of $.11224 per pound. Jones Chemicals, Inc. was the lowest, most responsive, responsible bidder who met all specifications. - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 4. Award bid to Hallmark Vinyl of Pompano Beach for specifications to supply and install vinyl soffit systems on four (4) buildings at Oceanfront Park in the amount of $6.718.00 The Tabulation Committee recommended awarding the bid to Hallmark Vinyl in the total amount of $6,718.00. This price includes Men's/Women's Restroom, Concession Stand and the Lifeguard Headquarters. The low bidder, Rainbow Gutters, submitted an incomplete bid. (The total price did not include all buildings described within the bid specifications.) Hallmark Vinyl submitted a complete bid package and met the City's insurance requirements. Hallmark Vinyl was found to be the most responsive, responsible bidder meeting all required specifications. c. Resolutions 1. Proposed Resolution No. R94-199 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of November 3, 1994 a) to expend $5,000 from the sinking fund for replacement parts and motor for centrifuge pump b) to expend $10,500 from the sink1ng fund for replacement parts (shaft impeller sleeve and rings) for return pump "B" plant D. Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner Aguila referred to bills 40 and 41 (Rockland Construction Company). With regard to all construction projects that have an extensive contract amount, he would like to see the project, the contract amount, how many change orders there were, how much the City has paid to date, the percentage of completion, and the amount remaining on the contract. He said he has asked for this infor- mation several times. City Manager Parker advised that those items appear on the change orders; however, they were inadvertently left off the list of bills. With regard to bill 41, Commissioner Aguila stated that there are still some dead trees. The Project Manager, Bill DeBeck, advised that we have a six month warranty and that they have not yet finished replanting the original trees that have died. Today, they were supposed to replace all the trees and mulch at Boynton Lakes. Commissioner Aguila asked about the drainage culvert at the beginning of the path by the parking area. Mr. DeBeck advised that it will be removed. He stated that since they recut all the swale going out to the street, the water runs out pretty well. - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 According to the infonmation provided. by Florida Water Management, Mr. DeBeck thinks the lake at Boynton Lakes it sitting six to ten inches too high. He advised that staff will shoot that lake tomorrow. He stated that the playground cannot be drained because the park is higher than the playground. With regard to Oceanfront Park, City Manager Parker advised that the total contract sum was $289,260.00. There have been no change orders to date. There is $35,487.00 remaining, which includes $28,000.00 of retainage. Mr. DeBeck added that today they received the last of the materials to finish the park. They have just about got all the boardwalk in. They are basically down to the side railings, top railings, and some finish-up work at the south end. They hope to be out of there in two weeks. With regard to bill number 29, Commissioner Katz asked if the residents' con- cerns were addressed. City Manager Parker advised that everything was completed at Costa Bella about a month and a half ago and the Houstons were contacted. Mayor Pro Tern Bradley referred to bill number 26 with regard to the Board Dinner, which was held at Hunters Run this year. He asked how much more it cost per plate than the Board Dinner held last year at Catalina. Commissioner Katz said it was worth it. Mayor Pro Tern Bradley agreed. He said it was an excellent meal and everyone raved about it. City Manager Parker advised that the overall difference was $1,165.00. E. Approve purchase of Pro-Vac Turf VacuUl f~ Pifer. Inc. in the amount of $5.083.00 for the Golf Course Daniel Miller, Golf Course Superintendent, recommended purchasing a Gravely model 1050 Pro-Vac Turf Vacuum from Pifer, Inc. to pick up leaves and other light weight debris that the Olathe sweeper is unable to, and to pick up the thatchy debris left on the greens during aerification. Currently, two staff members mow the debris during aerification. It takes them approximately 3.5 hours each. Mr. Miller anticipates reducing this job to one staff member for approximately 1 to 1.5 hours. F. Approve purchase of two-WlY radio communications for the new buses f~ Motorola C & E. Inc. in the amount of $6.156.25 Pursuant to Public Works Department Memorandum '94-278, these five new radios will serve as direct communications with the proposed new Boynton Beach Transit Authority buses. G. Approve Budget Transfers 1. Transfer f~ Contingency Account to cover reroof of the Wlter Treatment Plant Building Pursuant to Utilities Memorandum No. 94-365, in fiscal 1993/94, the Public Water Maintenance Division budgeted $20,000.00 in Account No. 401-336-5-629.00 to - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH t FLORIDA DECEMBER 6 t 1994 replace the roof on the old section of the East Water Treatment Plant. During the fall of 1993, Utilities was advised to combine this bid with the City-wide roofing bid being put together by Facilities Management. This bid has taken until October of 1994 to be approved. Consequently, the funds from the 1993/94 budget are not available. Utilities has provided funds for situations such as this by funding the Contingency Account No. 401-395-5-911.00. The Utilities Director requested that $10,700.00 be transferred from this account to Account No. 401-336-5-629.00 so this necessary project can be done. 2. Transfer to cover compensation adjustment for Fire Union contract signed 11/1194 This transfer involved an increase in Account No. 001-221-5-111.00 (Fire - Regular Time) in the amount of $132,181.00 and Account No. 001-221-5-131.00 (Fire - FICA) in the amount of $10,276.00, and a decrease in Account No. 001-194-5-158.00 (Compensation Adjustment) in the amount of $142,457.00. 3. Transfer from Contingency Account to cover purchase of portable and stationary generators budgeted in the 93/94 budget year Pursuant to Utilities Memorandum #94-375, in the 1993/94 budget, two generator units were approved for purchase for the Utility Pumping Division. This equip- ment was bid and awarded in July of 1994. Delivery was made in mid October, early November, 1994. Those funds were not allowed in the 1994/95 budget. The Director of Utilities requested the dollars not spent in the 1993/94 budget be transferred from Contingency Account #401-395-5-911.00 to the General Equipment Account #401-352-5-642.00 to cover the purchase price of this equipment. 4. Transfer from Contingency Account to cover additional amount due for Board Dinner and to provide funds for consultant regarding Clipper Cove purchase This transfer involves an increase in Account No. 001-111-5-450.08 in the amount of $1,165.00 and in Account No. 001-194-5-462.02 in the amount of $15,000.00, and a decrease in Account No. 001-194-5-911.00 in the amount of $16,165.00. H. WOrkers Compensation settlement for John Callahan This item has been deleted from the agenda. I. Approve .1nor modification to bus routes for the Boynton Beach Transit Authority Pursuant to the December 6, 1994 Agenda Memorandum from the City Manager, after the last public hearing on the proposed bus routes, the City Manager's Officer received numerous requests for a small change. The change requested is to go approximately one block west on 10th, north on N. W. 1st Street and exit out on - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 N. W. 12th Avenue to Seacrest. This brings the bus closer to the Wilson Center where the senior citizens have the daily Meals-on-Wheels Program. This change does not impact the overall time schedule. Motion Commissioner Aguila moved to approve the Consent Agenda, with the comments and corrections. Commissioner Katz seconded the motion, which carried 4-0. IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1. 24th Annual Holiday Parade - December 11. 1994 starting at 3:00 P. M. This year's theme is -Brighten Up the Holiday- Mayor Hanmening made this announcement. B. Presentations 1. Employee of the Month Mayor Hanmening and City Manager Parker honored George Evans, Aquatics Supervisor, as Employee of the Month of November, 1994. The Sea Turtle Monitoring Project, sponsored by the Department of Environmental Resources Management (DERM), has been cQordinated in the Ocean Ridge/Boynton Beach area since 1983 by George Evans. During this time, George has volunteered approximately 5,000 hours of his time by awakening before dawn to move turtle nests to safety along our beaches, and to collect pertinent scientific data for use by DERM. DERM used this data to write an Environmental Assessment for the State in developing the Sea Turtle Protection Plan which is required by the per- mitting agencies for a beach nourishment project. Also, the 1994 Turtle Project data collected by George and his volunteers will assist in the scheduling of construction for the 1.46 mile Ocean Ridge/Boynton Beach sand replenishment project next year. City Manager Parker recognized George's mother in the audience. Charles Frederick, Director of Recreation and Parks, stated that George is a true environmentalist and ocean and turtle lover. He covers from Boynton Inlet all the way down to Briny Breezes, even on his daNS off. It is overdue that he was recognized for his efforts. Mr. Evans stated that there were 429 nests this year. He explained what he does to collect all the data over the years. He stated that he has very loyal volun- teers. Mr. Evans volunteers his time every year and intends to keep doing so. 2. Proclamation Mayor Hanmening read a Proclamation declaring January 16, 1995 as Martin Luther King, Jr. Day. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1994 V. BIDS None. VI. PUBLIC HEARING None. VII. PUBLIC AUDIENCE Elizabeth Jenkins, 711 N. W. 1st Street, stated that Boynton Terrace Apartments, which is owned by the County, is the worst-looking place in the City, and the seagrapes are not maintained. She asked the Commission to look into this matter. Mrs. Jenkins would also like the Commission to look into the main- tenance of Martin Luther King Boulevard. She stated that 10th Avenue, of which Martin Luther King Boulevard used to be a part, runs from the west to the east. The only part that is taken care of is the part from Seacrest to Railroad Avenue. Charlotte Wright, 23 Crossing Circle, was involved in an automobile accident on November 10, 1994. She explained how she was mistreated by Quik Arrival Towing and the Police. She finally retrieved her automobile; however, Quik Arrival did not return her car keys. City Manager Parker advised that Ms. Wright came into her office the day after this incident. She immediately called the Police Department (Internal Affairs) and directed them to walk Ms. Wright over. to Quik Arrival to get her car, and then to turn in a report on Quik Arrival to Wilfred Hawkins, the Assistant to the City Manager. City Manager Parker said she advised Ms. Wright to call her if she had any further problems; however, she had not heard anything from her. City Manager Parker will continue to follow-up on this matter. In response to Mayor Pro Tem Bradley, City Manager Parker advised that Quik Arrival is on probation. If this complaint turns out to have any validity, it will be recommended that they be removed from the City's towing list. Commissioner Katz said he voted against putting Quik Arrival on the rotation list. He stated that the reason Quik Arrival went on probation is because they overcharged numerous customers. VIII. DEVELOPMENT PLANS A. Master Plan Modification - Bethesda Hospital Tambri Heyden, Planning and Zoning Director, stated that Bethesda Memorial Hospital is requesting approval to modify their previously-approved master plan for their PUD. The property is located directly south of Golf Road and west of S. W. 2nd Street. The modifications requested are the addition of a thennal water storage tank, establishment of setbacks and a height for that storage tank (40' side setback - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 on the west side, a 17.21 rear setback on the south, and a 25' height limit on the tank). There was a 1983 settlement agreement. which staff reviewed this request against. Also, subsequent to that agreement was a rezoning from R-l-AA to PUD. That rezoning was consistent with the stipulated settlement agreement. The reason that this tank is requested is because FPL has an energy conservation program and the intent is to chill water at the least expensive use period and store it in the tank. Then the chilled water is circulated to the building's air conditioning system to cool the building. The storage tank is a stand alone structure. It is 65 feet in diameter and 25 feet tall. It is cylindrical in shape and there are no mechanical appurtenances attached to it. With respect to the changes that have been requested, the use would not adverse- ly affect the adjacent residences if such things as noise and safety hazards can be mitigated. Staff feels the applicant has made a great attempt to mitigate these impacts in a number of ways. First, the tank will be double walled in the unlikely event that the tank ruptured. There is also an existing benn area that would further mitigate any flooding that might occur. The property slopes down- ward to the adjacent residences. The scale of the structure has been subdued with supplemental landscaping to the existing benne Regarding the 40' west side setback, there are no minimum PUD setbacks. How- ever, the stipulated settlement agreement did establish a 40' wide landscape buffer. As part of the site plan process, the applicant increased the setback to 40' so it does not encroach the buffer. Regarding the 17.2' rear setback on the south, this PUD abuts the main hospital, which is zoned PU (Public Usage). The property really visually reads as one piece of property, so staff does not see a problem with the 17.2' setback either. Regarding the height, the appli- cant lowered the height to 251. This is the height that was required as part of the settlement agreement for other structures which were not constructed and were switched out to different uses, namely the day care center that was built a couple of years ago. Therefore, staff feels they have made a great attempt to discourage impacts that were greater than anticipated. The Technical Review Committee recommends that the City Commission make a finding of no substantial change and that it be forwarded to the Planning and Development Board for final approval with staff comments (Utility Department Memorandum No. 94-378, Forester Memorandum No. 94-407, and Planning and Zoning Department Memorandum dated December 1, 1994). This recommendation is based on the detennination from staff that it meets the stipulated settlement agreement and the original zoning conditions and that measures have been taken to preserve the integrity of the adjacent residential neighborhood. Commissioner Katz questioned the location. A representative of Bethesda Hospital circulated photographs depicting the location. He submitted two of them to the City for their records. - 9 - IIC;);) UWIICI. / r"cuJolle wele UI IY"I~ Cl\.IU;);) ..lie IClWII, UICQ"-III\:t !.IIC ;)tJ' 1I1~'o;;, ". There were broken windows and cut screens. Someone went into an open condo- - 13 - the attorney fees that the City has incurred, and pay a-minimal fine on-fhe--" property. The case went to trial and a judgment was entered in favor of the City for somewhere in the neighborhood of $350,000.00 in accrued code enforce- ment liens on the property. The property owner's counterclaim against the City for slander of title was also a judgment in favor of the City. The next step is a foreclosure sale at the end of this month. where the Citv ~nlJln h~vp thp nn_ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 nnco 1"::1 tconl'nllntv_wi rip ..-1'1\ i "is-ac~1I ~eLLI:1JljLiaD- or r@!iid@nt-dri yen DrCM.alIl~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 nonresponse, except those three, creates liability or responsibility. He felt that could be clarified simply by the inclusion of a clause indicating that paragraph 12 would not be construed to create any liability for a nonresponding party, for any reason. City Attorney Cherof felt the Commission can move this forward tonight by approving it with that change. We would only be a participant if all the other entities agree to either ratify or add that language. Motion Mayor Pro Tem Bradley moved to approve Proposed Resolution No. R94-20J, subject to City Attorney Cherof's comments. Commissioner Aguila seconded the motion, which carried 4-0. 5. Proposed Resolution No. R94-204 Re: Supporting Application for Historic Preservation Grant for site surveys City Attorney Cherof read Proposed Resolution No. R94-204 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-204. Commissioner Katz seconded the motion. Mayor Hanmening asked about the match on this grant. City Manager Parker stated that the City Commission previously instructed staff not to apply for any grants unless no matching funds were required. This is the only grant we could find. It does require an in-kind match of approximately 50 percent, which would be $10,000.00. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 In response to Mayor Hanmening, City Manager Parker advised that this will dif- ferentiate our buses from any CoTran bus on the road. In response to Mayor Pro Tem Bradley, City Manager Parker advised that the logo will have components of the City seal, but it will not be the City seal. XII. CITY MANAGER'S REPORT None. XIII. OTHER None. XI Y . ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:20 P. M. THE CITY OF BOYNTON BEACH MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 City Manager Parker advised that no COs will be issued until S. W. 8th Street is sufficiently completed to provide 24 hour continuous access between Boynton Beach Boulevard and Woolbright Road. Commissioner Katz did not think the City should settle for just a dirt road for emergency vehicles. Louis Campanelli with CCL Consultants, agents for Howard Scharlin, Trustee, stated that the owner has signed a contract with ~n engineering contractor to build the entire 8th Street up to Ocean Drive. They started about a week ago, and the owner has intentions of completing the Road to Ocean Drive. In response to Commissioner Aguila, Mr. Campanelli advised that all the proper permits were pulled. Commissioner Aguila asked about the scheduled completion date. Mr. Campanelli advised that he is concentrating on putting in the water main. He stated that by the end of January or middle of February, it should be physi- cally done. In response to Mayor Harmening, he said the water main will be physically done by the end of the year. The road should be physically done about a month later. In response to Ms. Heyden, Mr. Campanelli confirmed that the permits are for a asphalt road. Ms. Heyden will check into this. Commissioner Aguila did not like the fact that this was being subdivided again. Bettina Scherer of Trammell Crow (the developer of the Vinings), 6400 Congress Avenue, Boca Raton, stated that essentially that line is really not a sub- division of the product type or what was presented previously by the site plan. When you drive into the entry drive, it is still going to seem like a full fledged development. That line is really just for financing and platting pur- poses. It is easier to finance it in two phases. Motion Mayor Pro Tem Bradley moved to approve the master plan modification for the Vinings, subject to staff comments. Commissioner Aguila seconded the motion, which carried 4-0. IX. NEW BUSINESS A. It.- for discussion requested by Mayor Pro T. Matt Bradley 1. COP progr. Update Mayor Pro Tern Bradley gave a brief update on the Citizens on Patrol Program. He said he met with Sgt. Copeland from the Sheriff's Department and one of his civilian officers and learned quite a bit about this program. Mayor Pro Tern Bradley felt this kind of program would benefit Boynton Beach and its residents. There are over 3,000 volunteers in almost 80 different programs that are - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEJeER 6. 1994 operated county-wide. This is a purely civilian or resident-driven program; however, it is run by the Police Department. It is very important for the police to maintain control in a program like this. The civilians who par- ticipate receive a lot of recognition. Mayor Pro Tern Bradley stated that it is important for the volunteers to feel that they are not only making a difference, but that their volunteer work is recognized. Mayor Pro Tern Bradley stated that there is a certain size criteria (at least 350 homes in the community). Mayor Pro Tern Bradley stated that the way to minimize crime is through police involvement but more importantly, through involvement by residents. He believed that crime will continue to be rampant unless residents experience ownership in their communities. He stated that the Police Department does a wonderful job; however, there is just no way to hire enough police officers to make sure that everything is done. Unless we take our streets back, it is not going to happen. Mayor Pro Tern Bradley stated that Mrs. Jenkins pointed out problems on Martin Luther King Boulevard. Whether it is littering, 10itering, gambling or what- ever, a citizens' group policing that area would have a great impact. It could dovetail with an adopt-a-street program that focuses on litter. Mayor Pro Tern Bradley said he left some infonmation with the Police Department for circulation. The City Manager is going to review this infonmation. He will report back to the Commission. He advised that there will be some financial responsibility on the part of the City, i.e., the residents, but he felt it would be worth every penny. Commissioner Katz asked if this is the same program that the Palm Shores com- munity participates in. Mayor Pro Tern Bradley answered affinmatively. Commissioner Katz asked Mayor Pro Tern Bradley if he found out where the residents of Palm Shores got the car and radios from. Mayor Pro Tern Bradley explained that each circumstance is different. However, most of the vehicles are recycled vehicles from the Sheriff1s Department or other police departments. Commissioner Katz pointed out that the Sheriff's Department has a lot more cars than we do. Furthenmore, the Boynton Beach Police Department sometimes recycles its cars to other departments. B. It.-s for discussion requested by Commissioner David Katz 1. Sponsoring Bryan Croft to the WOrld Police and Fire GImes Commissioner Katz advised that Boynton Beach Firefighter Bryan Croft is a World Class Anm Wrestler. The 1995 World Police and Fire Games are going to be held between February 26th and March 4th in Australia. He would like the City to sponsor Mr. Croft and pay his expenses to Australia. His expenses total approx- imately $1,730.00. Commissioner Katz felt this would be good public relations for the City. - 12 - I I MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 Commissioner Aguila wondered what the implications would be if the City sponsored Mr. Croft. He preferred that the City Manager report back to the City Commission regarding the implications. Commissioner Katz pointed out that the City has given money to Atlantic High School and others. Motion Commissioner Katz moved to direct the City to expend $1,730.00 to send Bryan Croft to the 1995 World Police and Fire Games to represent the City. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. 2. Holiday Parade Route Commissioner Katz does not think the Holiday Parade route should be changed. However, he pointed out that some of the residents along Ocean Avenue would like some assurances from the Police and the Recreation and Parks Department that their property is going to be left the way it was before the start of the parade, and that they will not experience any of the problems that they had experienced last year. Mayor Hanmening asked about the nature of those problems. Charles Cox, 205 N. E. 3rd Street, said the lack of security last year was appalling. This year, he requested the City to provide proper security in the residential area of East Ocean Avenue, running east from the Civic Center, and to accept the responsibility for any property damage that may occur during the parade. He said last year the spectators ran through residential lawns, peeked through windows, ran into homes, and abusad the residents. When the residents called for help from the Police, they were told to call back; that the Police were busy. Commissioner Aguila asked if there are always officers manning each intersection that is blocked off. Police Chief Thomas Dettman advised that each intersection that is blocked off is not always manned by officers because of the lack of man- power. He advised that over the past several years, the Police Department was asked to cut back on overtime as much as possible. However, some of the posi- tions previously staffed have been augmented with Police Explorers. This year, Police presence will be increased along the East Ocean Avenue corridor. There will be no less than six Police Officers and no more than ten assigned from the Civic Center to U. S. '1. He stated that the Department will have to solicit the assistance of the residents in the condominiums because the Police Officers cannot be at all locations at the same time. Chi~f Dettman had not realized there was a problem last year, since no incidents were reported. Barbara Cox, 205 N. E. 3rd Street, stated that 205 N. E. 3rd Street was a disaster area last year. Trash was scattered in the parking lot and people were running through the courtyard. The residents had to struggle getting home because of the barricaded streets and when they arrived home, their personal parking spaces were taken by parade spectators. A knife was pulled on a busi- ness owner. People were driving across the lawn, breaking the sprinklers. There were broken windows and cut screens. Someone went into an open condo- - 13 - MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 minium unit. There is no parking or sidewalks on 3rd Street. Last year, 3rd Street was barricaded from Boynton Beach Boulevard. However, the spectators drove around the barricades through the parking lot at the 400 Club. They came in through the alley, which starts on 1st Avenue by the Fire Department and ends on 3rd Street. On the Monday after the parade, the City picked up all the trash on City property. However, they did not pick up the trash on private property. Commissioner Katz asked Chief Dettman if anything can be done to solve some of these problems. Chief Dettman stated that this is such a labor intensive situation that the expenditure of City funds for overtime could become prohibi- tive if we were to attack it agressively. City Manager Parker advised that the street sweeper immediately starts on Sunday. It goes on every street in the entire area where the parade has traversed, and on the side streets. A hand crew then goes through and picks up any trash in the swales and yards because the City assumes that any trash there was generated by the parade. City Manager Parker said she personally drives the area within two hours after the parade, before dark, to be sure that the trash is picked up. If it is not, she calls the trash crew back to clean it up Sunday night. The trash is not left there until Monday. Mr. and Mrs. Cox advised that there was trash in the buildings and on second floor balconies. City Manager Parker advised that the City does not go into buildings or on second floor balconies. Commissioner Aguila asked what damage to property and landscaping has been reported to the City. City Manager Parker advised that no official claims have ever been filed for broken windows or anything else. x. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 094-38 Re: Annexation - Sausalito Groves TABLED This item was stricken from the agenda. 2. Proposed Ordinance No. 094-39 Re: Land Use Element Amendment - Sausal1to Groves...........................................TABLED This item was stricken from the agenda. 3. Proposed Ordinance No. 094-40 Re: Rezoning - Sausa11to Groves TABLED This item was stricken from the agenda. - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 4. Proposed Ordinance No. 094-52 Re: Fire Pension Stock Option City Attorney Cherof read Proposed Ordinance No. 094-52 by title only. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 094-52 on first reading. Commissioner Katz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. C. Resolutions 1. Proposed Resolution No. R94-200 Re: Release of surety for C & M Builders - 1520 Neptune Drive City Attorney Cherof read Proposed Resolution No. R94-200 by title only. He advised that this is a release of $8,294.00. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-200. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. 2. Proposed Resolution No. R94-201 Re: Release of surety for Checkers City Attorney Cherof read Proposed Resolution No. R94-201 by title only. He advised that this is a release of a cash bond of $6,655.00. Motion Mayor Pro Tem Bradley moved to approve Proposed Resolution No. R94-201. Commissioner Katz seconded the motion, which carried 4-0. 3. Proposed Resolution No. R94-202 Re: Intent to assume landscape maintenance for the I-95/Boynton Beach Interchange City Attorney Cherof read Proposed Resolution No. R94-202 by title only. Mayor Hanmening stated that all the landscaping recently put in the City looks chintzy. City Manager Parker advised that this is a DOT project. They are going to spend $500,000.00 on landscaping the 1-95 Boynton Beach Boulevard approaches, including the area in front of the Holiday Inn. Charles Frederick, Director of Recreation and Parks, advised that DOTls original rendition, in tenms of landscaping, did not include a lot of massing or colorful flowering trees and plants, or a pennanent irrigation system. Staff met with DOT officials and asked them to add all of those items in so that we could have more of a lush looking program. If the Commission has any suggestions, he will - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 relay them to DOT. DOT is about 80 percent complete in their design program. Therefore, the City needs to make some quick requests if it decides to do so. Kevin Hallahan, Forester/Environmentalist, displayed and reviewed the new ren- dition. Commissioner Aguila asked how the landscaping will be irrigated. Mr. Hallahan advised that the architect is proposing a submersible well. He stated that staff will review the contract to make sure City and State requirements are met. Commissioner Katz asked if this is the same kind of deal that enabled Del ray Beach to have the interchange done at Atlantic Avenue. Mr. Frederick believes they did that primarily through a bond issue. This is strictly DOT money. There are three of these projects in the County--Palm Beach Gardens, Palm Beach Lakes, and Boynton Beach. Commissioner Katz asked how we can get DOT to do Woolbright Road. City Manager Parker advised that Mayor Hanmening handled this two years ago when he was on the MPO, and the MPO had worked with DOT to get these intersections done. They plan to start construction in June or July, 1995. We need to start lobbying and discuss Woolbright Road through the MPO. Mayor Pro Tern Bradley is presently our MPO representative. Mr. Hallahan said the original contract calls for a 90 day maintenance period (July, August and September). The City would have to assume maintenance the next fiscal year. Commissioner Aguila agreed that some of our landscape areas are looking very sickly and need some personal attention. Mr. Frederick asked for specific areas. Mayor Hanmening advised that North Federal Highway is one of the areas. Commissioner Aguila asked if the Yellow Tabs can be substituted, since they are messy. Mayor Hanmening pointed out that Royal Poincianas are also messy and do not survive in stonms. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-202. Mayor Pro Tern Bradley seconded the motion, which carried 4-0. 4. Proposed Resolution No. R94-203 Re: Authorize execution of Interlocal Emergency Services Agreement between governmental agencies in Palm Beach County and the City of Boynton Beach City Attorney Cherof read Proposed Resolution No. R94-203 by title only. He pointed out some unique provisions of this agreement. On page 4, the parties to the agreement are not as yet identified anywhere in the body of the agreement. The parties will be those other governmental enti- ties that sign on either before tonight, tonight, or at some point in the future. - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 Additionally, paragraph 12 on page 12 deals with justified failure to respond. Although the agreement does not provide that there is no liability for failure to assist, the language of this section implies that there may be liability for failure to respond. With regard to paragraph 14 on page 13, if we are the requesting party, we would be responsible for damage to equipment from any responding party. With regard to failure to respond, Commissioner Aguila asked City Attorney Cherof for his recommendation. City Attorney Cherof felt language could be added. The problem is that it is difficult to know who to channel those changes through. We do not know what parties have signed to date. There is no record being kept of who is signing when. Fire Chief Floyd Jordan recommended that we enter into this agreement. He stated that Boynton Beach has a good Fire Department; however, there are many hazards within the City, such as hospitals, schools, nursing homes, and lumber yards. We can handle those initially, but we do not have the type of resources that most fire departments within Palm Beach County have to handle a second call in the event that we are at the scene of a major emergency, nor do we have the resources if it is such an emergency that it is going to require our total resources for a long period of time. Mayor Hanmening asked how much it would cost the City if the County backs us up. Chief Jordan stated that presently, we have a mutual aid agreement with Palm Beach County and the City of Del ray Beach. In those agreements, there are allowances in the event that the responding party suffers damage or loss of equipment. For instance, recently, we had a chemical leak in the Village of Golf. As a result, we requested mutual aid from Del ray Beach. Del ray Beach utilized some equipment which was one-time use equipment and had to be replaced. As a result, they requested that we replace that equipment, which we did. Chief Jordan advised that there is another issue coming up in Palm Beach County. He had discussed it with the Fire Chief of Palm Beach County and is waiting for the Fire Chief's request for reimbursement so he can evaluate it. Chief Jordan said it looks like we are going to turn it down when we get it because of our mutual aid agreement with Palm Beach County. Mayor Hanmening felt the Village of Golf should reimburse Del ray Beach, not Boynton Beach. Chief Jordan explained that we have a contractual agreement to provide service to the Village of Golf. However, the Town Manager of the Village of Golf will attempt to get reimbursement for us through their insurance. Commissioner Aguila asked City Attorney Cherof what it is that he is concerned about in the failure to respond clause that he thinks might make the City liable. He asked if it was too arbitrary as to who decides the justification for not responding. City Attorney Cherof stated that by listing three criteria by which you are not responsible or liable, implies that any category of - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1994 nonresponse, except those three, creates liability or responsibility. He felt that could be clarified simply by the inclusion of a clause indicating that paragraph 12 would not be construed to create any liability for a nonresponding party, for any reason. City Attorney Cherof felt the Commission can move this forward tonight by approving it with that change. We would only be a participant if all the other entities agree to either ratify or add that language. Motion Mayor Pro Tem Bradley moved to approve Proposed Resolution No. R94-203, subject to City Attorney Cherof's comments. Commissioner Aguila seconded the motion, which carried 4-0. 5. Proposed Resolution No. R94-204 Re: Supporting Application for Historic Preservation Grant for site surveys City Attorney Cherof read Proposed Resolution No. R94-204 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-204. Commissioner Katz seconded the motion. Mayor Hanmening asked about the match on this grant. City Manager Parker stated that the City Commission previously instructed staff not to apply for any grants unless no matching funds were required. This is the only grant we could find. It does require an in-kind match of approximately 50 percent, which would be $10,000.00. Mayor Hanmening pointed out that an in-kind match is still a match. Mayor Pro Tern Bradley asked if volunteer services could be used. City Manager Parker answered affinmatively. The motion carried 3-1. Mayor Hanmening cast the dissenting vote. 6. Proposed Resolution No. R94-205 Re: Authorize execution of agreement between the City of Boynton Beach and various local police agencies providing for the use of the City's Hogans Alley Fireanms Scenario Training City Attorney Cherof read Proposed Resolution No. R94-205 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-205. Commissioner Katz seconded the motion, which carried 4-0. - 18 - MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 D. Other 1. Approve settlement of Preston and Timothy Blackmon Claim City Manager Parker advised that this is a claim in the amount of $27,500.00. Mr. Hawkins added that the $27,500.00 includes the plaintiff's attorney's fees. We have to pay our own attorneys $51,724.00. Motion Commissioner Aguila moved approval of this item. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. 2. Report on the St. Juste Code Enforcement Litigation City Attorney Cherof reported that the St. Juste Code Enforcement Board lien case, involving some property in the north end, went to trial. We were unable to settle that case prior to trial or on the day of trial, although we made an offer to penmit the property owner to bring the property into compliance, pay the attorney fees that the City has incurred, and pay a minimal fine on the property. The case went to trial and a judgment was entered in favor of the City for somewhere in the neighborhood of $350,000.00 in accrued code enforce- ment liens on the property. The property owner's counterclaim against the City for slander of title was also a judgment in favor of the City. The next step is a foreclosure sale at the end of this month, where the City could have the op- portunity to acquire the property for its infill program or to sell it for any other purpose. This property owner has other property within the City that is not homestead property. City Attorney Cherof has every expectation of collect- ing the judgment in full. XI. UNFINISHED BUSINESS A. Approval of Bus Graphics City Manager Parker advised that she contacted A Fuller Functional Arts about bus stop sign logos and brochures. A Fuller Functional Arts is the graphic art finm that has done work for the City of West Palm Beach. They provided us with some preliminary graphics, which have been changed to incorporate the sailfish marlin logo that is in the City seal, as opposed to the dolphins that the Commission saw previously. She requested authority to have the design pro- cessed. The cost would be approximately $3,000.00 per bus and $60.00 per route sign. The cost of the brochures will be detenmined after the bus route is in operation for about two months in case any changes to the route are desired. Then the color brochures will be done at that point. In response to Commissioner Katz, City Manager Parker said the consensus was to go with the continuous window panel all the way across, and not the postcard look. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1994 In response to Mayor Harmening, City Manager Parker advised that this will dif- ferentiate our buses from any CoTran bus on the road. In response to Mayor Pro Tern Bradley, City Manager Parker advised that the logo will have components of the City seal, but it will not be the City seal. XII. CITY MANAGER'S REPORT None. XIII. OTHER None. XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at a:20 P. M. THE CITY OF BOYNTON BEACH Mayor Vice Mayor Mayor Pro Tern ATTEST: City Clerk Commissioner L;~ Recordin~ (Two Tapes) Commissioner - 20 - c-- MINUTES OF THE PLANNING' AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS. CITY HALL. BOYNTON BEACH. FLORIDA. ON TUESDAY. JANUARY 10. 1995. AT 7:00 P.M. PRESENT Gary Lehnertz, Chainman Stanley Dube, Vice Chainman Jim Golden Tom Walsh Bradley Weigle Maurice Rosenstock Pat Frazier, Alternate Tambri Heyden, Planning and Zoning Director Michael Rumpf, Senior Planner PLEDGE OF ALLEGIANCE Vice Chainman Dube called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag. INTRODUCTION OF MAYOR. COMMISSIONERS AND BOARD MEMBERS This item is addressed later in the meeting. AGENDA APPROVAL Mr. Rosenstock moved to approve the agenda as presented. Mr. Walsh seconded the motion, which carried unanimously. Chainman Lehnertz arrived for the meeting. INTRODUCTION OF MAYOR~ COMMIS$IONERS AND BOARD MEMBERS Chairman Lehnertz introduc~d the members of the Board. APPROVAL OF MINUTES Vice Chainman Dube moved to approve the minutes of the December 13, 1994 meeting as submitted. Mr. Rosenstock seconded the motion, which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS A. Report frOl the Planning and Zoning Department 1. Final Disposition of Last Month's Agenda Items Ms. Heyden reminded the members that five (5) agenda items were addressed last month. Two of the items were master plan modifications for Woolbright Place and Bethesda Memorial Hospital. Those two items did not move forward to the City Commission since they are disposed of at the Planning and Development Board. Listed below is the final disposition of the remaining three (3) items addressed by the Board at its December 13th meeting: - 1 - ~ ---- I. rn l?~- (ri). Ie il "r',~.; - i'l r: ,,~ ~ " ",' .., )1 u r I", " II -,"--,c.' lU~i ~ , I PL~~ :-;-~ ,-:-:-:------- -~.._-.~'__?Q~:L:;;; rfi MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA ., \. \ 'c JANUARY 10. 1995 1. Sears Auto Center - This project went before the City Commis- sion on December 20th. With four Commissioners in attendance, a 2-2 vote resulted, which is neither considered a denial or an approval. The project did not move forward. At the January 3rd City Commission, Mayor Pro Tem Bradley requested that the project be reconsidered. With five Commissioners present, the project was approved subject to staff comments, with the exception of construction of the wall. In lieu of the wall, additional landscaping along the north property line and the northeast property line were required. Further, the City Commission has required that the dumpster enclosure be widened to accommodate the second dumpster. Profession John B. lander Woolbri ht Professio al Center Woolbr. ght Road at .W.D.D. E- sout est corner Req st for a map' amendment the F ture Lan Use El ent of the prehensiv Plan f m Office Com- m cial to Loc Retail Co erc;al nd rezon ng t om C-1 (Offi e/Professio all to -2 (Neig borhood omnercial). r. Rumpf mad the present tion. The c rent design tion re tricts d to office an professiona businesses, hereas the oposed zoning wo allow small commercial f cilities of a retail con v ience - 2 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA DECEMBER 13. 1994 OLD BUSINESS Chainman Lehnertz advised that. every year the City of Boynton Beach recognizes the fact that the Board members spend their personal time and energy to help out the City by serving on a Board. The City treated the members to a very enjoy- able dinner and issued Certificates of Appreciation for each member. Chainman Lehnertz distributed the Certificates. INTRODUCTION OF MAYOR. COMMISSIONERS AND BOARD MEMBERS Chainman Lehnertz introduced the Board members. NEW BUSINESS A. PUBLIC HEARING CONDITIONAl. USE 1. Project Name: Agent: Owner: Location: Description: Sears Auto Center John B. Smith Engineers, Inc. Boynton - JCP Associates, LTD. Northeast corner of the Boynton Beach Mall, directly south of the C-16 Canal Request for conditional use approval to construct a 21,696 square foot automotive service center and associated parking and landscaping. ,. .; Mr. Haag made the presentation. The Land Use Plan Designation is Local Retail Commercial (LRC). The Zoning District is C-3. This is a fee simple building. Sears will own the building of 21,696 square feet. The leased outparcel site is 100,455 square feet (2.3 acres). The Mall property is a development of_regional impact (DRI) which was approved in Palm Beach County when Resolution R74-343 was adopted on May 7, 1974. The property was annexed into the City under Ordinance No. 82-38 on November 16, 1982. Along with the property, the City took on the conditions of the Development Order. The automotive service aspect of the property was part of a special exception which occurred on September 12, 1978, prior to the City annexing the property. The original Development Order was for 1,108,000 square feet of gross leasable floor area. .Through the approvals and building of the Mall, they had a previous approval for a third floor for Macy's. The third floor was never built. The square footage from that third floor is being used for the Sears Automotive Center. There is a remaining balance of between 20,000 and 30,000 square feet. One of staff's com- ments is that they are to update the plan to supply the correct remaining square footage on the site. The surrounding land uses and zoning are as follows: - 3 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 North - C-16 Canal and Palm Beach County property and Savannah Lakes apartment complex; East - commercial development zoned C-3; South - Mall parking area zoned C-3; West - Mall parking area zoned C-3 When the City Commission, Planning and Development Board, and staff review con- ditional uses, they use twelve (12) standards for evaluation purposes. 1. Ingress/egress into the site is off the Mall loop road. Almost all of the construction is within the Mall loop road. 2. Parking surrounds the building. There is a service court in the rear and there will be some loading in front of the building when batteries are loaded. : The parking spaces provided by the service center are equa~to, or greater than what they need just for the particular use, without involving any of the parking spaces on the remainder of the site. The service doors for the project are located on the south side of the building; therefore shielding it from the residential property to the north. 3. The service area and dumpster location are acceptable to the Public Works Department. Staff is concerned about the impact of the service court dumpster on the residential properties to the north. 4. Atl site utilities are available. 5. The plan meets the Landscape Code requirements which include vehicle use area hedging around the parking area. Staff has recommended that a six-foot high buffer wall ~e placed along the north property line to further shield the service area and dumpster court. In addition, further landscaping is recommended to go continually along the north property line to the west property line of the Mall property. This would be a hedge. This is a basic requirement from the Landscape Code. 6. The signs were reviewed and the Building Department has a comment regarding the square footage of the signs. Staff has recommended that the site lighting poles be shielded so as not to glare off to the north. 7. The building is well within the setback requirements. - 4 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA DECEMBER 13. 1994 8. This use is compatible with other properties in the zoning district. This building is not subject to the Community Design Plan; however, it does meet the Modern design district requirements. The color of the building will blenQ with the main shopping center buildings. 9. The height of the building will not exceed a maximum of 241. 10. The auto center will benefit the Mall because it will attract some additional traffic which will benefit other Mall establishments. This will result in a positive economic effect on adjacent property and the City. 11. This application has followed the site plan procedures. 12. This use must meet the perfonmance standards section of the Boynton Beach Noise Control Ordinance and must abate nuisances and hazards. There were only three departments with comments. Those departments are Utilities, Engineering/Building, and Planning and Zoning. ,- Staff reviewed the project and has recommended that this conditionaJ use be approved subject to staff comments and recommendations and modification of the penmit plans to reflect compliance with those comments. Mr. Golden referred to Mike Haag's memorandum to Ms. Heyden dated December 6, 1994, wherein his recommendation includes a remark relative to the City Attorney reviewing the landscape and wall issues. He inquired as to whether or not a response had been received from the City Attorney. Mr. Haag responded nega- tively. Vice Chainman Dube pointed out that the dumpster area is la' x 12' and it is too small to accommodate the additional dumpster for cardboard. A discussion in this regard was conducted at the City Commission Workshop meeting. Although the change ha! not yet been made in the Code, he feels we should begin to require a larger area to accommodate both dumpsters. Mr. Haag agreed with Vice Chainman Dube's remarks, and stated that the Board could make a recommendation to this effect. , Mr. Weigle referred to Comment '5 on Page 3 of Planning and Zoning Department. Memorandum '94-330. In his opinion, he cannot understand how staff can justify a small project such as this one having to plant such a great deal of hedging. Sears does not own the Mall. He supports Sears having to screen their own building, but feels requiring them to screen the entire north side of the Mall property is just too much to ask of them. Mr. Haag advised that this property is owned by the Mall. Sears will own the building. The requirement he references in Comment IS is the basic requirement for vehicle use area screening. When the Mall was built, this requirement was not in place. Chainman Lehnertz pointed out that the Mall is the applicant. Mr. Weigle explained that Sears will be paying for the landscaping. - 5 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 Bob Smith, 400 NE 3rd Avenue. Fort Lauderdale. said the applicant has no objec- tions to any of the recommendations with the exception of the wall. They do not feel it is warranted for the property since the entire Mall does not have a wall and it is zoned similarly. One of the unusual features of this property which abuts residential property is that the canal right-of-way is 210'. There is approximately 250' from the apartments to this complex. The applicant has no problems with the recommendation for planting additional trees and shrubs to aid in screening. In their opinion, such a wall would invite graffiti. They feel the residents across the canal would have more of a problem with graffiti than looking at the building. He requested that additional trees and shrubs be added in lieu of the wall itself. Chainman Lehnertz asked if that would include the hedge along the entire north side of the property. Mr. Smith said he could not speak directly for the Mall, but if it is a condition, and in lieu of the wall, he is sure they will put the extra money into the planting of the hedge. Mr. Smith said this use will not generate cardboard since it is servtce repair. It deals with tires, batteries, mechanical work on cars and appliance repairs. If any cardboard is generated, it can be stored in the tire storagerarea. Vice Chainman Dube noted that if the dumpster area was made wider; it would cause problems because part of the roadway would have to be removed. In response to Vice Chainman Dube's question, Mr. Smith stated that the truck - court is only for loading and unloading of tires. Mr. Smith said the Board has the option of restricting deliveries during the hours of the Mall operation. This will probably be a once-a-week type of operation. Chainman Lehnertz asked Mr. Smith to explain the services which will be provided at this center. Mr. Smith advised that this is strictly tires, batteries and general mechanical. There will be fluid additions, but there will be no fluid exchanges at this site. There will be ten (10) to twelve (12) service racks in one large bay. Mr. Smith said the application went through the environmental review process and was approved. , Chainman Lehnertz requested that the mulch be restricted to a non-Cypress type mulch. Mr. Smith had no problem with that request. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Mr. Weigle expressed concerns about the recommendation for the six foot wall. He did not feel this was a requirement and pointed out that a wall already exists at the condos. He feels the applicant should be required to have land- scaping, but does not believe the applicant should be required to plant hedges the entire length of the parking lot. Mr. Weigle does not feel this is a sub- stantial change to the design since it has been i~ place since the inception when no hedges were required. To require this project to support hedges along the entire north property line is too much to ask. With regard to the buffer wall, he cannot understand forcing an applicant to put this in when it is not in the Code. - 6 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 Mr. Golden questioned whether or not a 6' buffer wall exists across the canal for Carriage Homes. Ms. Heyden and Mr. Haag responded negatively. Mr. Haag said there is a wall which separates Carriage Homes and Savannah Lakes from Catalina Center, and one on the west property line of the Mall property. Chainman Lehnertz explained that with conditional use applications, the City has, on occasion, put forward additional requirements which are not necessarily enclosed within the Code, to make the development fit in better with the sur- rounding land uses and make it more aesthetically. pleasing for the surrounding residents. Mr. Weigle pointed out that it does not appear that this is a big deal to the surrounding residents since none of them showed up at this meeting. Chainman Lehnertz announced that a letter was received from a resident. Mr. Haag explained that this property is in the County. Mr. Weigle said he does not understand what property this person is referring to, and furthenmore, this property is not within the City. Vice Chainman Dube said she refers ~o the Mall traffic devaluing her property, but the traffic is almost all within~the City. Mr. Haag said every property owner within 400' received a notice. .~ Mr. Weigle feels this letter is moot, and if the surrounding residents were interested in a buffer wall, they would have attended this meeting. If the people had come out to argue for the wall, he would better understand the need for it. Chainman Lehnertz feels it is the Board's responsibility to represent the people even when they cannot attend the meetings. Chainman Lehnertz agreed with Mr. Smith's remark regarding the fact that because of the distance between the residences to the north and this project, a 6' wall will not make a great deal of difference. However, he reminded the Board that the applicant does not have a problem with planting hedges across the entire north end of this property in place of the wall. Chainman Lehnertz feels this would be very useful. Ms. Heyden explained that the only reason there is any doubt about the land- scaping and buffer wall being a requirement is whether or not the DRI supersedes the City's Code requirements. The dRI -included a very conceptual master plan which showed the general layout of the buildings. It did not require the level of detail required at site plan stage. She does not believe these issues were addressed at the DRI, and does not believe it was appropriate to address them at that time. The only reason there is a wall on the west side of this property is that when the DRI was approved, the residents who live on the west side of that wall were very vocal and the County required the wall. Our Code does require a wall and landscaping. This application is a major modification to the Mall and it requires compliance with the Landscape Code. Chainman Lehnertz said he attended some of the meetings Ms. Heyden referred to and the reason the wall was erected was as a result of residents' concerns. - 7 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA DECEMBER 13. 1994 In response to Mr. Golden's question, Ms. Heyden said Carriage Homes is a rental complex. He then pointed out that the property owners received the notices and not the tenants. That might be a reason why none of the residents were present for this meeting. Mr. Haag advised that the City posts signs at the project advertising the meeting. In Mr. Walsh's opinion, it is the Board's duty to do whatever is necessary to protect the residents in rentals or individual residences. The privacy issue is extremely important and the Board should ensure that the developers respect those rights of privacy to the neighbors. Whether it is a wall or landscaping, the developer should be obliged to comply. Ms. Heyden explained that the City should be looking out for the citizens of Palm Beach County as well as the residents of the City. The mobile home park to the north is contiguous to the City. The City has been struggling with its annexation program. It is important to show these residents that the City is . concerned about Palm Beach County residents. Vice Chainman Dube commended Mr. Haag for Page 12 of the back-up material. As president of a homeowners' association, if he was in this circumstarlce, he would have wanted Mr. Haag's recommendations for the protection of the residents. Mr. Weigle pointed out that everything the Board does is a compromise. If the applicant is willing to install the hedges for the entire length, he does not see why the City should require him to install a six-foot wall. Furthenmore, a six-foot wall is an arbitrary height. He feels everything must be considered including protection of the residents as well as requiring the applicant to meet excessive requirements. A good compromise would be the trade-off of no wall and installation of a hedge on the entire north property line. Motion Mr. Golden moved to recommend approvaJ of the conditional use application for the Sears Auto Center submitted by John B. Smith Engineers, Inc., to construct a 21,694 square foot automotive service center and associated parking and land- scaping, subject to staff comments \ncl~ding the use of non-Cypress mulch. Vice Chainman Dube seconded the motion. Mr. Weigle asked for clarification on whether or not this motion is subject to all staff comments and recommendation. Mr. Golden responded affinmatively. Vice Chainman Dube said that in recommending the staff comments, the Attorney will make a detenmination. Mr. Haag suggested that since the applicant suggested he would add additional landscaping if there is not going to be a wall on the north property line, that should be a supplemental recommendation if the City Attorney deems the wall is not necessary. - 8 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA DECEMBER 13. 1994 lmend.d Motion Mr. Golden amended his motion to include a recommendation for additional land- scaping along the north property boundary if the City Attorney ascertains that the buffer wall is not required. Vice Chainman Dube seconded the amended motion, which carried unanimously. ABANDONMENT 2. Project Name: Agent: Owner: Location: .. Description: Th. V1nings It Boynton B.ICh CCL Consultants, Inc. Howard R. Scharlin, Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road Request for abandonment of a 12 foot wide utility easement that runs approximately 200 feet east of and along SW 8th Street. . Mr. Haag made the presentation. This easement is located in the Woolbright Place PUD. Mr. Haag used the overhead projector to display drawin~ of this site. A City sewer force main was put in place when the' property was platted for single-family homes. The easement worked its way north and over to Lift Station #603 which is a major part of the force main for sewage for all of the property to the south and west of it. There are connections at Woolbright Road entering the force main which lead to the Lift Station. During the development of the Tradewinds project, a new Lift Station was recommended and the City and devel- oper shared the cost of construction for a new Lift Station which is very close to the old Lift Station. The new force main will eventually connect into the existing force main at Woolbright Road. The sewage coming trom the development to the southeast has been rerouted into existing Lift Stations on the property to the south. The sewer and force main which goes along Woolbright Road and was feeding the old Lift Station is no longer needed. . Staff recommends approval of the request for abandonment of the easement. There were no objections from Engineering, Utilities, or Planning and Zoning. The easement is located within the property owned by the applicant. There were no objections by the outside utility companies. The only requirement placed on this is that prior to the abandonment receiving City Commission resolution approval, the City Utilities Department must receive the Health Department approval that the new force main in the south end is acceptable to City standards as well as Palm Beach County Health Department. This should occur within the next three or four days. When that happens, the applicant can remove all of the old force main. The old Lift Station will be removed when Phase II is developed. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 20. 1~9~ V. BIDS: None VI. PUBLIC HEARING: Sears Auto Center John B. Smith Engineers, Inc. Boynton - JCP Associates, Ltd. Northeast corner of the Boynton Beach Mall, directly south of the C-16 Canal CONDITIONAL USE: Request for conditional use approval to construct a 21,694 square foot automotive service center and associated parking and landscaping Tambri Heyden, Planning and Zoning Director, made the presentation. This;s a building for purchase on a leased outparcel. The zoning district is C-3. A. Project Name: Agent: Owner: Location: Description: The surrounding land uses and zoning involve the C-16 Canal on the north, and Congress Lakes PUD farther north; a Mall drainage pond on the east; and Mall property to the south and west. . In reviewing the standards for evaluating conditional uses, Ms. Heyden discussed only the more important standards. With regard to ingress/egress, the outparcel has two.access driveways. Due to the location of the building, the additional traffic which will be generated will be more evenly distributed. With regard to off-street parking and loading areas, there is a surplus of parking spaces. Ninety-nine (99) spaces will be provided, while only eighty- seven (87) are required. All automotive services will be provided within the building. There are two (2) service bays. There is dumpster location and service court on the north property line. Staff recommends further buffering those areas. Staff has recommended the installa- tion of a six foot (61) high buffer wall along the C-16 Canal and landscape hedges along the entire north property line of the Mall. Since this property is in a separate outparcel, whenever a major modification comes in, our Codes kick in for parking, etc. Staff is recommending that the lighting be shielded from the residential proper- ties to the north. Ms. Heyden displayed a colored elevation and stated that staff feels the design of this building is generally compatible with the Mall buildings. The Planning and Development Board recommended approval of this project subject to staff comments and recommendations. They recommended the use of non-Cypress mulch. Further, if the Commission decides not to require the buffer wall, then additional landscaping should be provided by the applicant. The applicant agreed to that condition at the Planning and Development Board meeting. - 10 - MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 20. 1994 Motion Commissioner Aguila moved to approve the conditional use subject to staff com- ments and recommendations exclusive of the wall on the north property line and with the provisions of a wider dumpster area to provide for a recycling bin. THE MOTION DIED FOR LACK OF A SECOND. Motion Vice Mayor Matson moved to approve Sears Auto Center subject to all staff com- ments, the enlarged dumpster, and subject to the building of the six foot (61) wall and the landscaping. Commissioner Aguila seconded the motion. Robert Smith of John B. Smith Engineers, 400 NE 3rd Avenue, Ft. lauderdale, said there is confusion on the wall issue since this issue never arose until the last comments prior to the Planning and Development Board meeting. The Technical Review Committee never mentioned this issue. Mr. Smith said this project is over 250' in distance from any residential property. Furthenmore, Ms. Heyden advised that she was seeking an opinion from the City Attorney on whether or not the wall can be required. Mr. Smith has not received any correspondence with a detenmination from the Attorney. Mayor Hanmening advised that the City Commission can put conditions on a con- ditional use. Mr. Smith advised that this center was brought into the City as part of an annexation. There has always been development shown on this outparcel. In his opinion, this is not a major modification since it is less than 2% of the entire Mall. The applicant has agreed to add additional landscaping, but there is no purpose for a buffer wall since the project is over 250' from any resi- dence. The motion failed 1-3. (Mayor Hanmening, and Commissioners Aguila and Katz cast the dissenting votes.) Motion Commissioner Aguila moved to approve the conditional use subject to staff com- ments and recommendations exclusive of the construction of a wall on the north property line but including the additional landscaping on the north property line and a wider dumpster area to allow for the recycling container. THE MOTION DIED FOR LACK OF A SECOND; THEREFORE, THE CONDITIONAL USE FAILED. Description: The Vinings at Boynton Beach CCl Consultants, Inc. Howard R. Scharlin, Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road ABANDONMENT: Request for abandonment of a 12 foot wide utility easement that runs ap- proximately 200 feet east of and along SW 8th Street B. Project Name: Agent: Owner: Location: - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1994 . Mayor Harmening pointed out that one letter of objection was received. Ms. Heyden used the map to point out the location of that property owner on Old Boynton Road. Commissioner Aguila feels a buffer wall is unnecessary, but agrees that the additional landscaping and hedges would be a good addition. .. Vice Mayor Matson asked for confirmation from Ms. Heyden that the work done on these premises will be performed in the bays. Ms. Heyden confirmed this fact and stated that that is a requirement of the Zoning Code. Vice Mayor Matson would support this project with the buffer wall on the northern location where the property abuts Congress Lakes. Commissioner Katz feels there is no need for another automotive repair center in Boynton Beach, especially in this location. Sears has automotive centers in Boca, West Palm Beach, and Pompano which are no where near residences. A pre- vious Commission approved the zoning change to allow this project to come forth. Commissioner Katz is opposed to this project; however, if it is approved, perhaps the applicant would create a landscape benm to further shield the project. Commissioner Aguila feels the buffer wall is an unnecessary expense when a landscape buffer will do just as well. He does not feel this project will be any more burdensome to the surrounding community. This is an attractive building and because of where it is, what it is and the likelihood of nothing else going in there, he is comfortable with the project. He did point out, however, that the dumpster needs to be lar.ger to accommodate the recycling container. In response to Vice Mayor Matson1s question, Ms. Heyden advised that the appli- cant has not approved the wall. The applicant does not have a problem with the landscaping, and in lieu of the wall, they have suggested additional land- scaping. Vice Mayor Matson is concerned about the noise which will be generated inside the bays and the residents being able to see the work being done. The residents in the apartments behind this project should be given the same consideration as anyone owning an individual home. Commissioner Katz feels this project should be considered two miles farther south on Congress Avenue in the location of Tire Kingdom. This Mall does not call for an automotive repair center. Mayor Harmening feels there is no need for a wall in this case because of the distance from the project to the residences. Commissioner Aguila pointed out that a wall might be more likely to ricochet sounds across the Canal. Vice Mayor Matson said she received telephone calls from the residents and many were not in favor of this project. They would be a little more comfortable with it if the wall were erected. - 11 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 1. Sears Auto Center - This project went before the City Commis- sion on December 20th. With four Commissioners in attendance, a 2-2 vote resulted, which is neither considered a denial or an approval. The project did not move forward. At the January 3rd City Commission, Mayor Pro Tern Bradley requested that the project be reconsidered. With five Commissioners present, the project was approved subject to staff comments, with the exception of construction of the wall. In lieu of the wall, additional landscaping along the north property line and the northeast property line were required. Further, the City Commission has required that the dumpster enclosure be widened to accommodate the second dumpster. 2. Abandonment for the V1n1ngs - This abandonment was unanimously approved by the Commission subject to staff comments. 3. C1trus Park T1me Extens10n - The City Commission approved the six-month time extension subject to staff comments. B. F1ling of Quarterly Report for Site Plan Wa1vers and M1nor S1te Plan Modifications There were no questions from the members with regard to the filing of the Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications. OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARING LAND USE ELEMENT AMENDMENT/REZONING Description: Woolbright Profess10nal Center John B. Glander Woolbright Professional Center (partnership) Woolbright Road at L.W.D.D. E-4 Canal, southwest corner Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Office Com- mercial to Local Retail Commercial and rezoning from C-1 (Office/Professional) to C-2 (Neighborhood Commercial). 1. Project Name: Agent: Owner: Location: Mr. Rumpf made the presentation. The current designation restricts development to office and professional businesses, whereas the proposed zoning would also allow small commercial facilities of a retail convenience nature. - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 3. 1995 Charlotte Wright. 23 Crossing Circle. advised that on December 30, 1994, she contacted the Police Department for a copy of a vehicle accident report. At that time, she was told there was a warrant for her arrest, but the officer could not tell her why the warrant had been issued. At the Police Department, she was advised that her bond was $100, but she would be released with a payment of $10. She alleges that the Police Sergeant who fingerprinted her cursed her, and pushed her to the ground. Andre St. Juste. 925 Greenbriar Drive. owned the property at 440 NE 14th Avenue. He explained that he fixed a small leak at that property for a cost of $21.80. The City of Boynton Beach fined him $200. He was unaware of the fine and it was accruing for over a year. The lien amounted to $318,000. His choices were either to pay the lien or the City would foreclose. Mr. St. Juste questioned how the City could assess a lien which grew to $318,000 because he repaired a $21.80 leak. The City of Boynton Beach advised him that a permit was required to repair the leak. That permit would have cost him $500. He did not pull the permit and was cited by Code Enforcement. He claims he never received notifica- tion of the lien and feels it is unfair that he lost his property worth $50,000. In response to Vice Mayor Matson's question, City Manager Parker advised that this judgment lien went before the Code Enforcement Board and City Commission. The City took this case to court, and the judge ruled in the City's favor. It was foreclosed approximately two weeks ago. Mayor Harmening advised that if Mr. St. Juste had not ignored the Code Enforce- ment lien, the end result might have been different. VIII. DEVELOPMENT PLANS: None IX. NEW BUSINESS: A. Items requested for reconsideration by Mayor Pro Tem Matt Bradley Sears Auto Center John B. Smith Engineers, Inc. Boynton - JCP Associates, Ltd. Northeast corner of the Boynton Beach Mall, directly south of the C-16 Canal CONDITIONAL USE: Request for conditional use approval to construct a 21,694 square foot automotive service center and associated parking and landscaping Mayor Pro Tem Bradley advised that he has some questions about this application. 1. Project Name: Agent: Owner: Location: Description: Commissioner Katz pointed out that a motion is needed to reconsider this case. In Mayor Harmening's opinion, he felt this case was on the agenda in error since Mayor Pro Tem Bradley was not at the meeting when this case was considered. Therefore, he does not have the privilege of reconsidering it. However, because it was included on the agenda, he offered the Commissioners the opportunity to make a motion to reconsider it. - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1995 In response to Mayor Harmening's question, Mr. Fisher reported that the new bus service went well today with the exception of a lot of informational complaints. \ Mayor Harmenin February 4, 199 Mayor H~rmening commended Ms. Halpin for the excellent job she did in organizing the HOli~ Parade. '. Proclllllliltlon - Cathollc Schools Week - January ~hrO"gh February 4, 1995 / / a Proclamation declaring the week of ;~nuary 29 through Catholic Schools Week. ;1 V. BIDS: I ,I el 1995 Various Vehicles - Pur~hase of three fifteen (15) passenger ns for the Parks and Recreat,on Department, and three fifteen (15 passenger vans for the Police Department in the amount of $120,831. ' / i / The Tabulation Committee r commends awarding th, bid to Ocala Motors, Inc., of Oca1a, Florida, in the amou t of $20,138.50 ea~h, for a total of $120,831. / I Two bids were received and th Public Works Eepartment reviewed all paperwork submitted by both companies. hey determined Oca1a Motors, Inc. to be the lowest, most responsive, respon ible bidder, who meets and exceeds all specifi- cations, and exceeds options of red on Syate Contract. ! I Funds are available in Account #5 -1937~-688.00. / A. None approvet / / I I .I Mayor Matson seconded the motion, Motion Commissioner Aguila moved to which carried unanimously. VI. PUBLIC HEARING: VII. PUBLIC AUDIENCE: / Dick Albrecht of Delray Beach, said he is finane'ally interested in seven prop- erties in Boynton Beach in the Rolling Green Ridg area. There is a tremendous amount of traffic congestidn at East Palm Drive. at congestion involves people running back and frth to cars, with others eeding away. He has spoken with the City Manager's 0 fice and the Police Depart nt. He requested the Commission's assistance i stopping this problem. Henrietta Solomon, 230 NE 26th Avenue, asked where the bus stops are on Gateway Boulevard in relation to Village Royale on the Green. Mr. Fisher advised that there will be stops on Victoria Drive and NE 1st Lane. Schedules were distrib- uted to the various condos throughout the City and are available in the Lobby of City Ha 11 . - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 3. 1995 Motion Mayor Pro Tem Bradley moved to approve reconsidering this item. It was pointed out to Mayor Pro Tern Bradley that he could not make that motion. Motion Vice Mayor Matson moved to reconsider. Commissioner Aguila seconded the motion. No vote was polled. Vice Mayor Matson advised that her original problem with this application was the fact that she received phone calls from residents of Congress Lakes who expressed concern about noise that would be generated by this use, and they were interested in being protected. Vice Mayor Matson visited the site, and instead of looking at it from the Sears location over to the Congress Lakes residences, she looked at it from Congress Lakes to the Mall. It is now her opinion that the residents will be protected and served quite well with the landscaping and additional landscaping which will be required. - In response to Mayor Pro Tem Bradley's question, Ms. Heyden said the bay doors will be facing south toward the Mall buildings rather than toward the resi- dences. Mayor Pro Tem Bradley questioned whether staff feels the landscaping and buf- fering are sufficient in addition to the distance between this development and the residences. Ms. Heyden said she has not made a judgment to that fact. Her only statement in this regard is that the landscaping and buffering are Code requirements. Ms. Heyden recalled that there were discussions of additional landscaping. She pointed out that the landscaping shown on the plan is the minimum required by Code. She recommended that the Commission specify any additional landscaping they are suggesting in lieu of the wall. Commissioner Aguila recalled that the additional landscaping discussed at the last meeting was along the north property line for the Mall itself, and some landscaping adjacent to parking areas. There was also some additional landscaping beyond that at the canal line. Mayor Hanmening said staff's recommendation was for the creation of a landscape buffer along the entire north Boynton Beach Mall property line. Commissioner Aguila said the applicant agreed to that recommendation. However, in addition, there was discussion of additional landscaping along the parking area and along the north property line of the outparcel along the canal bank. Mayor Harmening remembered the discussions which involved a landscape berm. Using the overhead projection, Ms. Heyden pointed out the areas where the Code requires a hedge, an area where hedges and trees are required to screen the parking lot area, and a wall. - 7 - , MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 3. 1995 - Commissioner Aguila said that the shaded area of the plan is where the paved area is located. There is landscaping adjacent to the paved area. In addition to that, there would be landscaping along the property line all the way to the canal bank. That would result in two lines of landscaping between the parking area and the canal (one at the edge of pavement and one at the edge of the canal, which is also bermed). Mot1on With Ms. Heyden pointing to the plan shown on the overhead, Commissioner Aguila moved to approve the conditional use if the applicant is willing to provide landscaping along the diagonal parking area consisting of trees and hedges to create a buffer between the building/parking and that corner of the property. In addition, they are to provide landscaping at the property line (which is twice the normal landscaping) and widen the dumpster enclosure to allow for the two containers. Commissioner Aguila will support this project without the erection of a buffer wall if the applicant is willing to go along with the conditions stated. Vice Mayor Matson seconded the motion. Mayor Hanmening pointed out that this motion includes staff recommendations and the conversations enumerated tonight by Commissioner Aguila. Ms. Heyden asked for clarification on whether staff is to decide on the number of trees and shrubs. Commissioner Aguila said the trees should be 40' on center and the shrubs are to be 24" at planting, both at the edge of pavement as well as at the canal. Ms. Heyden confirmed that there is to be a double hedge row along the property line. Attorney Goren said that in reviewing the minutes of the last meeting, Vice Mayor Matson was not on the prevailing side. There were several motions con- sidered. No motion was ever adopted, so there is no prevailing side either for or against. In looking at the current laws we have under land development aspects, there must be some finality in decision making. The Commission's motion to reconsider the request and to take action up or down, would be con- sistent with the prevailing case law. The motion carried 4-1. (Commissioner Katz cast the dissenting vote.) 2. Reconsider request from CROS (Christ1ans Reaching Out to Society, Inc.) to host the NOMAD volunteers at St. John's Un1ted Method1st Haitian M1ssion at 3215 North Seacrest Boulevard to park and res1de 1n the1r recreat10nal veh1cles 1n the church park1ng lot January 29 through February 16, 1995 Mayor Hanmening advised that this request was considered at the last meeting and it was denied by a vote of 3-1. In order to reconsider this issue, a motion would be needed by someone on the prevailing side. Mayor Harmening pointed out that his feelings on this issue have not changed and he does not wish to reconsider. Commissioners Aguila and Katz agreed that they did not wish to reconsider the issue. - 8 -