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LEGAL APPROVAL . , I I I ~ . , MINUTES - REGULAR CITY BOYNTON BEACH. FLORIDA JUNE 7, 1994 ,A4ISSION MEETING Mr. Frederick advised that the City will have to revise the master plan and it will take architectural work. Further, it will be necessary to develop a phasing type program and costs. When the City is ready to bid out the project, construction drawings will be necessary. Commissioner Aguila suggested retaining Gee & Jenson to modify the master plan. When that is complete, if the City then wishes to retain another firm, that would be the time to do it. Commissioner Aguila stated that no other firm will touch Gee & Jenson's plan just to make an addition. Gee & Jenson can modify the master plan on a hourly basis. Mr. Frederick reminded the Commission that our contract with Gee & Jenson allowed for a continuation. He assumes the fees will continue. Vice Mayor Matson stated that she felt there was a consensus that the Commission wants those fees to remain since it is an open-ended contract. Consensus There was a consensus of the Commission to retain Gee & Jenson to modify the master plan on an hourly basis using the fees stipulated in the open-ended contract. Vice Mayor Matson advised that Ms. Hall's request would now be considered. IX. E. Review of Janet Hall's request to waive second application fee for Lighthouse Grill Restaurant City Manager Parker reported that in January, 1993, Mrs. Hall submitted her lighthouse Square project for pennits, received staff comments and paid the ori- ginal fee. Mrs. Hall's architect moved out of town and there were modifications which were required by staff. A significant time period elapsed between the staff comments and the review. The time period set forth in the Code has lapsed, and Mrs. Hall has been advised by staff that a second application fee is required. She is requesting a waiver of the fee. The major outstanding item which has caused a great deal of the delay is that the property is adjacent to the Boynton Beach Boulevard bridge right-of-way. FOOT has been negotiating with OEP on the location of the bridge. They have been reluctant to move on any projects in relation to the bridge. The parking plan submitted by Mrs. Hall shows parking on the FOOT right-of-way. Staff advised that they cannot approve that unless we have written approval allowing that parking on the bridge right-of-way, or an alternative agreement such as parking under the bridge span if the bridge is located at Boynton Beach Boulevard. Mrs. Hall and her architect have been attempting to work with FOOT to get this approval. So far, they have been unsuccessful. There is an another ninety-day time period set forth in the Code for staff to process this request onto the Community Redevelopment Advisory Board. It was processed to the CRAB Board because there was no administrative means of tabling it from a staff position. There were major items still outstanding at that time and Mrs. Hall requested the CRAB Board table the application so that she would be able to address the items before moving forward. The application was tabled. Mrs. Hall is requesting additional time and that this time be considered under her first fee submittal and a second application fee not be required. - 24 - I I l 11 . MINUTES - REGULAR CITY ~ISSION MEETING BOYNTON BEACH, FLORIDA JUNE 7. 1994 I Commissioner Aguila expressed concern over waiving the fee. He would be more comfortable tabling this item for a certain period of time in order to allow resolution of some of the issues. He feels this project was submitted before it was ready to be reviewed by anyone. He would support tabling this item for six months to allow them to seek the necessary approvals and address the comments without additional fees, but if, as a result of the reviews and permits, the project changes substantially and the review is being done again, the City should then consider a fee. Janet Hall~ 326 SW 1st Avenue, said that part of the problem is that this parking with the~rTdge has been discussed for the past ten years. This involved a standing agreement that if the parking inside the property was lost, she would be allowed to use the area under the bridge for parking. When the plans were first submitted, and the comments received, her architect moved to New York. Also, her engineer transferred his offices to Texas. When the plans were finally resubmitted, she found a number of the items originally brought up had not been taken care of by either the architect or engineer. She was unaware of this and stated that it was beyond her control. She requested relief from the Commissi on. Vice Mayor Matson noted that she did not want to penalize Mrs. Hall for some- thing not of her doing. Mayor Pro Tern Bradley feels the Commission must be careful not to set a prece- dent with regard to waiving fees. He supports tabling this item for an extended period of time. Vice Mayor Matson explained that the Commission has waived fees in the past and would not be setting a precedent. The agenda back-up package contained informa- tion on previOUS fee waivers by the Commission. However, she also supports Commissioner Aguila's recommendation so that if this application is resubmitted with a lot of modifications, it will be proof that the project was originally submitted too soon. In response to Commissioner Katz' question about whether or not any of the pre- vious fee waivers were similar to Mrs. Hall's, Ms. Parker said they are not, and nor are they similar to each other. Each one is considered on a case-by-case basis. Ms. Parker pointed out that Mrs. Hall paid $750 in 1993 for the first review, and $1,500 in April of 1994 as a new fee. One review and one resubmit- tal of plans has occurred under that $1,500. Commissioner Katz feels the Commission should not waive fees, but pointed out that the time to consider the fee waiver may be when the plans are resubmitted and the modifications are reviewed. Ms. Parker pointed out that one of the outstanding issues with this project is that it is in an environmentally-sensitive area containing a large amount of mangroves on the property. One of the items the staff submitted as a comment is that the City will not comment on the environmental issues for this project, but forward those issues to the State agencies for review. If everything else is resolved, the environmental issue will still remain outstanding and will go through the process as outstanding at the City level. This will have to be rereviewed for environmental issues, and that will be considered a new submittal to the City when it comes back from the State agencies. - 25 - I I I -. , , MINUTES - REGULAR CITY BOYNTON BEACH. FLORIDA JUNE 7. 1994 JMMISSION MEETING Ms. Parker stated Mrs. Hall and her architect felt the City was holding up the project. The City was willing to review it for compliance with City Code, but the State agency review would necessitate major site plan changes that would require an entire rereview by staff. The City has agreed to put its comments on paper so that Mrs. Hall will have a starting point; however, the environmental issues will not receive any City comments. Ms. Parker suggested the City Commission put a timetable of approximately one year on this for the DOT situation and any other outstanding Code items which must be addressed by Mrs. Hall. After that, it should be a new submittal. The April. 1994 fee will hold until April, 1995, to allow sufficient time to get the minor Code comments taken care of and the application will move forward. Anything after that date will be a new review. Mrs. Hall stated that she never felt the City was holding up the project. The delay was on the part of the architect and engineer. She appreciates the compromise and hopes this will be resolved before April, 1995. Motion Commissioner Aguila moved that this fee will last for the reviews for the Code comments that she currently has outstanding. She has until April 1, 1995 to get those resolved under the current review system. Commissioner Katz seconded the motion, which carried unanimously. D. Other: 1. Settlement of Ewell Miller Claim This is for ratification of settlement of a claim involving charges of malicious prosecution and civil rights violation against the City and two Fire Inspectors. Vice Mayor Matson reminded Ms. Parker that in the past, she requested former City Manager Miller provide a breakdown of how the claim is comprised. She would like a chronological listing of the events of the claim and the costs associated with those events. Mr. Hawkins advised that this claim is still open. It is important to look at how much information the City puts in the document. City Manager Parker asked for clarification on what information the Commission wishes to see in the agenda back-up material. According to former City Manager Miller, Ms. Parker has included the following: 1) the original demand; 2) the amount of the legal fees; 3) how much in City costs has been incurred; and 4) the projected cost if the City goes to trial. Vice Mayor Matson asked that Mr. Hawkins attempt to have Sewell, Todd & Broxton, Inc. provide the Commission with the same type of synopsis Roberts & Reynolds provides. The 'information from Roberts & Reynolds is confidential and is sent to the Commissioners under separate cover. Motton Commissioner Aguila moved to settle this per staff recommendation. Mayor Pro Tern Bradley seconded the motion, which carried unanimously. - 26 - MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 28, 1988 ~ ;;;., Regular City Commission Meeting The next regular City Commission Meeting will be held on Wednesday, October 5th at 6:00 P. M. as Tuesday is Election Day. /"..-,..:. Trip to Tallahassee ~ity Manager Cheney stated that he wished to keep the City ~ommission informed as to what happened on the Tallahassee ~rip. Be stated that the issue of the mangroves and !OSSible funding of its purchase was on an agenda of the tate Land Review Acquisition Committee. This was to see if hey would recommend it for funding out of the Land cquisition Trust Fund. This was different from the CARL Froject and the Save our Shores fund which was discussed. ~ity Manager Cheney was surprised to find the City on this iist but this was due to the efforts of Secretary Gardner I irom the Department of Natural Resources. There were 13 rojects on this list and it appeared that each of the epartment Secretaries was present. Boynton Beach seemed ~'O be the only one to make a presentation. They allowed the ity 10 minutes for the presentation. Only 4 of the 14 pro- ects were approved for further assessments. Boy ton Beach ~as not one of them. It was clear to City Manager Cheney ~hat there had been a staff recommendation submitted to the qommittee prior to their arrival relative to their recommen- qation. . .~. .... ~wo things happened at the meeting: One of the Secretaries ~ndicated to Secretary Gardner that he thought highly of the ~roject and would try to find some state funds in his budget ~ext year to do something about acquisition of the mangro- ~es. The Department of Environmental Regulations Secretary ~tated this project did not belong in this particular set of ~tate funding. He did understand the project and felt the ~angroves would never be developed anyhow, and acquisition df them was really not that important as they would never be developed. City Manager Cheney would try to get a ~ranscript of what was said and followup with a letter to tiim asking him to relate his statement that the mangroves ~robablY can't be developed. Permission has already been ~iven through Janet Hall to develop a portion of the mangro- ~es and there appears to be some inconsistency. City Manager Cheney felt this was a worthwhile trip. He felt ;at to get any action it is often necessary to keep going ack with requests. They were able to spend some time in e City Hall talking to the people there as well. I i I I -16- ~,'-'" .... ," ~ , . I . ,."""" =-., I I I ,.' ~ "-J r'"",, '..--.... .=""'" ~, '- ." MINUTES - REGULAR'. CITY COUNCIL MEEmlG BOYNTON BEACH, FLORIDA . PUBLIC' HEARING - .8: 00 P. M. .AUGUST.21, 1979 '. Regu:La'tionof Land 'Use (Compreherusive Plan) Mayor Harmer.dng referred to this being the second public hearing on this proposalartd. asked if an.yone. in the audience wished to speak in favor of this plan and received no response. He asked .if' anyone wanted to . speak in ;opposi ti,on to the plan. and the fol- ,:Lowing came l:>efore' the Council. Mr. Haro:Ld G.. Tcibin 'referred to owning property ,'in ,Lake. Boynton Estates for the past;20-,24 years and stated n.I'st.itwas zened C-l WithoUt. any 'setbacks, thetl ,cb.angedto"C-2 and' now the pro- posalis to clli9.nge :it to dup:L~es With-setbaCks. 'Heissure with the new,highway, it would: be impossible. to b11ilo. dttplexes Ort that, land. .It'mayb~ possible to build if~~nedmUitiple family. He reC[IJests that it ',remainC...2'urrti1 .lle can make, some arrangement:s,~ do something ~~th,tne:laIid~~Mayor Ha:t>mening . requested Mr.i. Annttnziato to i,cienti:ffy t:his.prq~~i-t.y; o!1::theJIli:lp. I Mr. AnnuI,1~ato, did s9 and ad~!:i 1;!h1is: wcis.<u sQJ.t$~ed at; the last pub Ii c hiaa-r~J;l9" and :the; City ~p~cii.+ IpS.de, a}l\Q-ttG?g ~.o ;f?~l:Low,the recommenClat1:on : for . dtaplex zo~p.gf .~Mr. ,:TcrpJ.p.':r;~;:treri>e(i (,to hal:f of the black. ~e~tlg left C:-2 and' ~1r.~' .A~~'te ~reedanqpointed out. there wa~'. acces s : 'tp, it- s~per ;t1\1e~~,' was' a ;irl~dia~' c~:\:"b.ut, the prop~rty to .theea:st;o~ the. ~~~ltlcuti'i:!~:'~h~~e'.~~. c~~e.in : land use l.S rec.o:nunended. Mr. Tob1.~::~1:2if-ed ;!:h~'P.t~.:Cl,f. htis ,J..ots. are still commercial and the othe.t\~~gl:it-'wiljL;be .'t~ha.ngM:. Mr. Trauger peferped to dri vi~ tA~qgh t~~, "~reai ;~-;(s: ~ftet"noon 'a~d stat~d t?i::; p:operty does.~a~ ;away '~1TI}a~JA~nu~ and. . sJ.nce there :l:-s qtUte a bank, }J: 'nla1ies a, :~~;.~:if&e~.Tb.e:i .lots on ~he n~xt street ~o the so~.~'. Pef~; ~e~~Rp.~(j.:, ~:~{i ':sin~le faIIl1ly,houses starting. at a pP~~e q;f $~~1:t!3!$o.~; t,He;t'!e Ji~q1J:'>tl:l':~.ng across the street being buil ~:1~~ 1i;1i~, pp~~td~~, '~ut.;~~talked to several neighb. ors and the~..;t.. '~?f~~': a.~l:l ~ei~'. '~~.:...~d~~S !:~~.":. ,.~l1V~st- ment. The people he talked ~;:'~' lnPt,: want'~. :b\,J[I: '~anted si~glef~;i.l~ 'homes. A few ~~J4~;~jj.d ~~;krlpW)~.~~,'1fJ ~as be1.ng change~ aru;i he was sl!t" . !:I~~~t~J,1.~Yi::~~.I\oti;r;e~~"notices. Mayor l!armen::I1g l.~formed h1.m '::f.'" i~WPI\~1i~~u ~'~r:has.en advert~sed ~tY-WJ.de. Mr. .~~:,~!..:t~~::m~h.,a.2$f' sEr~b~q'k !.'Er quired in the front. and rear.*!l~' ~:L....~...~~t~~k:o~,;trh~:~:i;des,~ . he doesn f t have much, room to bUl.iltI.., s9.~ tll'tlere 1. $ no'1:: .q.rty 'sew~r or water avai2able. Mrs. Janet Hall stated for nearlYi20 years,-she.and.:he,r- husband have oWI'led and operated the S~aMist Mi;i~p.a. The maqna conSists of approximately' eight' acres geveloped ~d' undevelo~ed., Several years ago, they,'acquired additional pr9p$rty to ,thendrthof: N. E. 2nd Avenue with the intent of ex~ari.ding the. m4rima. She told about submi. tting proposed plaI)s anq 'meeting with, theagen- cies in Tallahassee. However~ they'we:r:-e :unab~e to go ahead ;.nth the plans a few years ago because of #$nclal probJ,.ems. In. this new plan, it seems as though the laAd is gOing to be taken -6- , -. ~ ~ . , , ,...../ '"""'\ i ) ~ \~.!-..,; ~- '.- ~-"",,", r", , I MINUTES - - REGULAR CITYCOJNCIL MEETING BOYNTO. - -"NBEACH FLORIDA , , AUGUST, :21, 1979 away from them. Mr. Annunziato pointed out the location of this land anq, advi.$ed that it enqompasses the Hall property- and several others. -, The City 'is not taking the land. This area is currently a mangrove swamp. He met 'with ,representatives of D.E.R., Corps of Engineers, and, the Health - Department. on ' site' and they' determined in an'~lysisthattheareais a ,substantial provideroffish-a,nd a home:forbirds; it is a s:j.gnif:iccmt environmental area. The plan 'addressed ,this - and the recomtnendation:is thezdning - be moaified to preclude development and recoiIJmertd State and Pedera1. funds be sougl').t - tGra.cqtdre the land. - This weald be ,approp+'iate to use. as anabire 'study,- area,. Mayor Harmening :r>eferred, to i tbeing. diffi- cuJ.t t00b'4ain~a permit fromth:e re.gulatory'.-agencies and Mrs. HClllagre~~ bu:t -toJ,..d about mee~ng'Wi1:hthe, ag:enqies. She then showed a .po,steard wi th ~ a pi.cture _ of thi s area' 15 to 18 years ago and eXp1c;rlhe~ t:hateVident1.y ,i't did not take J.o.:ctg; to grow mangroves. Since inf;l1.e final analysis this will be contrbllea by wh.q.t the Environme~ta1-Department' decides, since they. have expended time and effort 'working with : them and feel what -t:hey;/i,ntfmd to do WiU mot- destroy,thefi~, they'reqaest the! CitY';Council oot to preclude any,developmeht'of this land because'it-will prevent them 'from'wcr~'kingwitn the agencies. She requests ~the land to be '~e+tC':"4 which ,it ha~ alwayt:3 b~en ~zoned and1.e,t -them work out the pre,b1e~ of usinq it 'and pr~serVing it. Mr. '1'rauger'questioned how they' pl.-armed - to use the land'and Mrs. Hall"replied they plan to put in -:floating, docks, high- pilin.gs with, Weodwa1.l<.s so the mangrove ,afr:oea wi.l,lbe, preserved~ 'nie mangroves ean be cut and trimm~d. . The mangroves can be preserved wi tn' the land being used for other' purposes. They' met -wi th -, 20aagencielS i Ii T.allahassee to discuss this. Sh.e requests this land to be excluded from the c~!1ge in'.zoning.-and ieave,it:as it has been',:and give them the chanc$ to Work with 'the State. , Mr. Roberts questioned the amount of 'laM be:j.ng referred to and Mrs. Hall repl~ed t;hatthey on1.y OWI1!_al!iout- 4-5 acres and' a large tract :is own-by the catholic Diocese with -abont - 20 aCl;'es total. Also, th~ - r~~:t~'of the land is not 'zon~dC-4.They;' sold a-prime piece of'lartdto the City for the liift,'sta1;ion,and this is located directly east of the' lift -stat'fOil ,and. is zoned C-4. Mr. Annunziato added that approxi- mately'99%'6f this .larid;is below water at high' tide~ However, there. are some upland parcels which, could be.. t~ed into a wetland parce); with possibly;a t1;'adeoccurI'ing with D..E.lS. This is an environmentally' seMi tive area. and probably' oIte of a few of the remaining l'ilangrove areas in South. Florida. He, tliinks the key is to find out the ppsitiion,of D-.E.:R., a1.'ld Corps of Engineers. Mayor Harmening stated he did not. see how this Ci tyco~ld leg-;i.slate a piece of private property out of eXistence or t~e it away from the owner without due compensation. Mrs. Hall added there' are other pieces of land lil:<e this and refe~ed to there being some across the water in Ocean Ridge and . many. to the riorth owned by the' State. -7- rz7ie City of '.Boynton ":Bea.c./i ~"'" . ~ . JI.n...ary ~ ~ Zoft.l.". 'Dc~n~ J.oo 'Z:. '2Jcyn_n '3-'i -:BD...r.~ !P.O. 2J0IC.4~O ~C"J....dOPS ~--'i. ~ 444R.S-CUtzO (4-07) r.,,s-T490, :FJ<<X, (40T) 748-'7411>> 2S. 1.993 Mr. Craig Livingaton 323 N. Fe~.ra1 Highway Boynton a.aah, ~L 33435 Rilla: S1t_ P1an Ra~~.w App1~cat~on and .Ub_~tt..1 Docum_nt. L~qhtbou__ ar111a a__taurant D_ar Mr. Livingaton: Your aubmi1:.ta.1 :eor eita P1an P.avi_w :eor th_ abo"a ra:eereneed prQ~.ct haa bean ravi_w_4 :ear aomp1_t_ne.a. It ba_ been datarmined ~b..t th_ .ubmitta1 i. ineomp1ata. Prior 1:.0 ~urth_r proc_.aing o~ th_ aubm1tta1. tb_ fo11owinq ~_~ici_nci_a mu_t be corract_d and th_ ~oauDl.s,.t. aubmitt_d ~or review a. at_tad in Chapt_r 4, Sit_ Pl.an R_vi__~ S_et:1.o:l'>. 7, Bubm:L.aian l'C._qu1rem_nta. Submit .. tra~r:Lc impact .ha11 b_ prap..r.~ by a trarr~c anqin__ring. an_1y.ia. Th_ trarf:1.c 1mpaCt ana1ya:La prof_a.:Lon_~ _ng:Ln__r comp_t_nt :Ln 7 1_ a~~_~~~~ _~t~ fth~~_~t_~1_t~~_ ~_~. A recant ~_rt1~1.d property aurvay .how:l..ng ..11 ad:] acant atr__ts. a1l.eye and. drivew.y.~ and a1ao :l..11u.tratingl "7_1.1._ '7.1.3. "7.3..4. EX1ati~g natura1 ~_..tur_a, 1nc1uding but not 1im1t_d to 1ake., t~_.8 and other v-oa_at:l..on and a011. and topography_ Exiating bui1dinga, bUi1d~ug _1avat:l..Qns, other .tructur.. ~ :l..nc3.u<l:1ng u.... ~ h_icrbt ~ ~iDl_ru!lionlll and ..tbacka. Existing ut:l..J.1ty 11n.. and a3.1 ....m_nt.. EXiating _1_vat:Lon.. (corn_r, .tr__t and rini_bad ~1oor) 7.:1..2. 7.5. Tab~~A~ _~~~~~ a~~t~~~i~~: '7.5.1. Tota1 gro.. pro~_ct area by acr_ag_ and aquare ~ootacr_ and net bui1dab1_ 1_nd a~ea in acr__ and aquar_ r__t. P1l~rlca S Gaeezvau 1'0 tfie GuCrsl'r::&JZrn TRANSMISSION REPORT THIS DOCUMENT WAS SENT (REDUCED SAMPLE ABOVE) ** # COUNT 2 ** l/C** SEND *** NO REMOTE STATION r. D. START TIME DURATION #PAGES COMMENT I 1 407 737 9608 1-25-93 4:11PM 1 ' 19" 2 J TOTAL 0:Ql'19" 2 XEROX TELECOPIER 7020