LEGAL APPROVAL
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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.
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MINUTES - REGULAR CITY ~ISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 7. 1994
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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.
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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.
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MINUTES - CITY COMMISSION
BUDGET PUBLIC HEARING
BOYNTON BEACH, FLORIDA
SEPTEMBER 28, 1988
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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.
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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
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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. .
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~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.
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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
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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.
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rz7ie City of
'.Boynton ":Bea.c./i
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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
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