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LEGAL APPROVAL CITY of BOYNTON BEACH 100 E, Boynton Beach Blvd, p, O. Box 310 Boynton Beach. Florida 33435.0310 (407) 734-8111 OFFICE OF THE PLANNING DIRECTOR January 17, 1990 Stanley Consultants of Florida, Inc. Attn: Mr. David Flinchum 2000 Lombard St., Lombard Center West Palm Beach, FL 33407 RE: Shoppes of Woolbtight - Preliminary Plat - File No. 380 Dear Mr. Flinchum: Please be advised that on Tuesday, January 16, 1990, the City Commission approved the referenced Preliminary Plat, subject to staff comments, copies of which are attached. These plans were approved subject to your compliance with the attached stipulations. After you have amended your plans to reflect these ,stipulations, the final plat, with the changes incorporated, will need to be submitted to the Engineering Department. Please note, however, that, in accordance with Item *2 in the attached memorandum from the Planning Department, the Preliminary Plat and Construction Plans will need to be re-submitted to the Technical Review Board. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~;W'~ TIMOTHY P. CANNON Interim Planning Director JJG: 'frb Encs cc: Home Depot, Att~: Mr. Clyde Lofstad, Constr Mgr, 2727 Paces Ferry Rd, Suite'700-Store Planning Dept., Atlanta, GA 30339 Greenberg Farrow Architecture, Inc., Attn: Mr. Frank G. Lamia, 1955 Clairmont Terrace, Atlanta, GA 30345 Technical Review Board -- WM ~.":':~" ----' r''':-:':;~~~~~nat':x~~.~W.f~_.':~::...~!'.tIYl'.~ . I!J .1IM1;......... ~-:c...~'.J..r"'.....r... '_1, ~. ......>1:..., '..............,.,~...._ ....,._'..............~...... A":(~ Ki:Ul<' tv'[ // rr(,;;O -~ \ \ I ~' ~)'- k :1t "." ,< 1990 ~~~~~'-)' V-,!~I t _~J \vi" , \; . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, I. City Purchase of Block of the Series 1990 Bonds for Sale to Residents . City Manager Miller was interested in whether the City wanted to get involved in purchasing a block of the 1990 Bonds in $1,000 denominations for sale to the public. A lot of people had expressed interest in purchasing the bonds. The Mayor wanted to make sure these would be sold. Commissioner Olenik suggested a memorandum be sent to City employees to get an idea of the interest. It was agreed that it be kept in-house initially for an amount up to $50,000. Then, if necessary, an ad can be placed in the newspaper to sell them to the public. t::()N;ENT .AGE~~ '11 1: R~: C~ ty -co~~:~--=~ M~~~~-:~~ Of--~~1~-:7-;~:~:~\ 2. S ecial'City Commission Mt . Minutes of A \ B. Bids - Re~mmend Approval -All expenditures ved \ in the 1989~90 Ado ted Bud et, \ I i I I I , , , I i I I i I I I ! i ", l~sale of Equip~~?t from Abandone~ Wastewater PIa t " "'- The ~abulation Commi~tee recommended'awarding the bi to the only'hidder, Florida Drives & Gear Mot rs, Inc. of Tam Florid~in the amount of $801.00. 2. Cement of asonry unit wa 1 enclosures ~, the bid to e amount , \ '\ \\ Halon Stem The Tabulati "Janus & Hi 11 ,24,500.00. Committee recGmmended awardin rp. of Lake Wo~ h, Florida in , e'xj.s t i ng Pompano year. '-- \ The ~u1ation Commit ee recommended xtending the contra t for another y ~r to Borrell 're Systems, Beach, lorida, at a contract price of ~400.00 per _c. ReS01~~~m_~ ~__ ~_ ~~ ~ prop-o~d - R~~olution N' . 90-000 "" ~Re: Fin~ Plat Approval - Hunters RU~~ Summit _ -_ Tracts 1:4 & 15 (Re lat ',- , _~____ ""f -- ( ------\ , No. 11 I I ~- . ----- ----------- - - .._-- 37 ~l~ I j ! j ! ,J "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE FINAL PLAT FOR SHOPPES OF WOOLBRIGHT P.C.D., PART OF WOOLBRIGHT PLACE P.U.D., BEING A REPLAT OF A PORTION OF LAKE BOYNTON ESTATES PLAT #3 AS PREVIOUSLY RECORDED IN PALM BEACH COUNTY RECORDS PLAT BOOK #13, PA~E #53, TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY." 5. R:~P~~~~p~:~~;u~~~o:~\~a~O~~U~lemen~:-:;--~~:~;~ (Cit s Cove SCh~O~ \ \ I "A RESOLlw ON OF THE CITY--QF BOYNTON BEACH, FL IDA, \ "~CCEPTING F MAINTENAN, CE POSES A REQUIRED 1M VEMEN NOWN AS THE N H ACCESS ROADW FOR PALM BEACH CO TY . E ENTARY SCHOOL E "P", A PUBLI IGHTS-OF-WAY." " ............. -- " -_._.__.._~-- -_.~--~---------- .--- ~ "-- .- ---.- ----.-..-- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 'G-;::O~I~ CITY OF BOYNTON BEACH. F~ APPROVING-, THE FINAL PLAT FOR SUMMIT, PLA'lf'''NO. \ , \ REPLAT OF PORTIONS OF TRACT 4 & 15 AS PRE OUSLY IN CURRENT PALM BEACH COUNTY R CORDS, PLAT BO K 36, AGES 48 thru 51 INCLUSIVE AND LYING N SECTION 6, T SHIP'46 SOUTH, RANGE 43 EAST, SITUATED W HIN THE CITY a BOYNTON BEACH, FLORIDA." Proposed Resolution o. 90-RRR ~~ Final Plat Approv 1 - Hunters Run - Summit - T~acts 1, 2 & A (Re t) "A RESOLUTION BOYNTON BEACH'i--\ FLORIDA, APPROVING THE FINAL PLAT FO SUMMIT, PLAT N 1, BEING A REPLAT OF PORTIONS OF TRACTS , 1 & 2 AS PREV USLY SHOWN IN CURRENT ALM BEACH COUNTY R ORDS, PLAT BOO 36, PAGES jl 48 thru 51 I LUSIVE AND LYING I SECTION 6, TOW HIP 46 SOUTH, RANGE 4 EAST, SITUATED WI IN THE CITY OF OYNTON \ BEACH, FLORIDA. I , Proposed Resolution No. 90-SSS \ Re: Release of Perfo - The ) o'ect ;1 OF BOYNTON BEACH, NDS FOR WELLESLEY I BEACH, REPLAT OF TRACT "N" OF THE MEADOWS 300 l_~:~:_=~~_____ ~~~~~~~_~___~_~_~~~~~~___ A1jGE 4 3 EA~_~_:__" 4. Proposed Resolution No. 90-TTT ----- ,------'- .. Re: Final Plat Approval - Shoppes of Woolbright, P.C.D. - Tradewinds Group ORIDA TJ BOYNTON IN i i , , __ __ .._u' ,----' ,--' -,-,------- .__._~_._---~---~-- 38 . , , \ \ \ \ \ '\ j i I I I .j j \ . t . . . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 . rD. Development Plans-- None. ~ '~ ~~ose of record " E. authorization to Office - City ", Approval was'. requested to dispose of., Ci ty Commissi n sound recording tapes from the period 1/85 )mrough 12/86 well as Employees' pension Board sound recoraing tapes fro 10/72 through 12/86. Disposal authorization had been receiv d from the State of Florida, Division of Arc ives for the tapes as outlined in' ecords Destruction Re est No. l89~, '~Commissioner Olenik rema ed that once tapes o~ City CQmmission meetings are de royed, there is no v batim record left. City Manager M' ler indicated the ap roved Minutes are the official recor. The tapes serve a backup. In view of the fact that the Min tes are not verbatim City Attorney Cherof stated the burden .s on the person in he audience. If they want to maintain a verbatim record t y can have their own court reporter pr ent. were a missible in Court. He note that sometimes are not pi ked up by the The Vice Mayor ~~ked if the tapes Mr. Cherof replie~probablY not. there are gaps in c~ments which microphones. ~~ he Vlce Mayor asked if'~~ was customary to des~~City C mission meeting tapes frqm this period afterd~~many ~:~is 1~~ passed. Sue Kruse~~ty Clerk responded .~fr- F. cons{a~r request for refund -:cemetery Lots 221 A & B, Block S'" Boynton Beach Memorial Park Addi tion #1 \ \ .... Roberta Pitas~ requested a refund in t e amount of $360 on cemetery Lots 221 A & B, Block S, Boynton Beach Memorial Park Addition #l.~ G. Approval Of~Bil~ See list attached to the riginal copy of these M ~~ the Office of the City Cler. Commissioner Olenik ~om voting on item 24, a pa ent to Motorola, Inc. \ orandum of Voting Conflict attached to the origi cop of these Minutes in the cit Clerk's office. "'-. Relativ to item 20, a payment to Commissio rs thought the City had se Keller. Th City Manager stated that This bill was additional a v ail a b!:~_!-____ .... _. -- ----------- 1 ter Keller, some tIed up with Mr. w s not the case. in rmation is made I , . _-1-_____________~~__ ____~) 39 ---. -~ - ._-----.--._-,,-, "~._-_._---- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 . r ~i S-CUS s . on en'-:d r rdi ng ~-:'m - ~o . ~- bil-~ fo~ $ 35 .640.00 I from Sta ey Consultan of Florida, I . The Ci~anager , eported t 's represente 85% to 90% of heir bill. \ mmissioner Olenik was un omfortable pay' g this fl ure \ wh n the Comml sion had not een the result of the wOrk yet. . \ Dis ussion took lace. The c sensus was to ~~l this bill ~~:':o)~ list. ~_ ____- \ Commissioner Weiner moved to approve the Consent Agenda. ~ Vice Mayor Wische seconded the motion ~Ihich carried 5-0 -----.--- ADJOURNMENT ,/ / i/....J .~:x, :' ~/ ,_,~\l The meeting properly adjourned at Mayor ATTEST: " ;" 6/,I / ' , '. /' . ,',' i" ,/)' / / ' -C-~,,__._ ,- ,.., Vice t1ayor ~ ()A7~ Commissioner . '-0 cf~~~~J~J ;iUt-,~~ &Jte:1L Recording Secr~tary (Six Tapes) ~-L/_;- f/ /~!C~~L~ Commissioner Commissioner . 40 I MINUTES - REGULAR CI~_ COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY l6, 1990 ~--~..._~._~ \~ t; ,,\'~~, ~(9 ~~ .>i 1 rr) 'I\~V .K VJ ~ \ll~ ',ti'l , ,." Iof'" \\r Commissioner Wische interjected it was his impression the settlement was made in 1986 and that was what we were basing every decision on. The Vice Mayor r 'nded the comm=' sion that the enhancem~ts came after the Se 1ement Agreem nt. The Vice Mayor repe~d that the Commissi never discu sed the date on the enhance'-:flents. The Mayor th ught it had been discussed. Michael MorfclP commented from the audience that everything had to be from"'1986 because the enh' cements woul~ave no value if you u'S~ the 1989 standard because you wo~~ be spending more money to improve the tr fic lanes tha'n. you would obtain wi th'.,~he value of the en n- cements.""" Motion \ Commissioner Wische moved that the Commissl when this was decided and all enhancements ar ,1986. Commissioner Artis seconded the motion. revert to 1986 for the year Vice Mayor Olenik noted Mr. ~el1er Mr. Morton indicated the cost f 6 laning Woolbright would nullify any value of the e ancements. Mr. Kelle responded that the estimated cost widening Woolbright if you are looking at this under 198 conditions, with updated backgro~nd conditions, is esti ted to be about $950,000. The en~ancements have a value f about $3,000,000. Mr. Ke~ler stated they were n promoting that this is what \'1e have't~ ?~ve. They were ask g for what the Commission thought it s~t1ed for. They have oked at it different ways. ' Mayor Moore called floor. The motion ., The Mayor repeated that he thought th e had been "sandbagging". There was no question i his mind that 198 was the only date that made sense when yo 're talking about' enhancements. \ \ \ Commissioner Weiner"apologized to Walter Keller had always been cooper ive with the City and had t sand- ~bagged anyone. She didn feel he should be accused f tnis. The Mayor accused st f of doing it and stated t ey di'd.... something the Commission 'n' t want. It had been a tot~~,waste of time. He address Mr. Keller and stated, "Don't ill us for it, okay?" ' , '"" The -.- -'-'--.--- ---- TABLED. B. Project Name: Agent: ""--'-"'- Shoppes of Woolbright Stanley Consultants of Florida, Inc. l4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1990 Owner: Location: Tradewinds Development Corporation North side of Woolbright Road, west of Interstate 95 PRELIMINARY PLAT: Request for the approval of the construction plans and preliminary plat which provide for the construction of infrastruc- ture improvements to serve a 34.21 acre Planned Commercial Development. Description: Tim Cannon, Interim Planning Director reported the TRB and Planning & Zoning Board had recommended approval, subject to all staff comments. Mr. Michael Morton stated they agreed to all staff comments. It was noted that the Commiss~on has seen the site plan for the Home Depot parcel only. There had not been final arrangements for the remainder of the sites. The Commission will see a site plan for every parcel as they are ready for development. The Mayor asked what the next step was. Mr. Cannon replied normally the developer would have to record the plat and post a bond for all the improvements. Since a number of problems and deficiencies exist with the docu- ments submitted, they were recommending that the Commission require Tradewinds to resubmit a complete set of plat and construction plans. Staff would then sit down as the TRB and review them and report back to the Commission. ~ Mr. Cannon noted there was a provision in the Subdivision and Platting Regulations that allows the City to issue per- mits if the Site Plan has been reviewed and approved. Staff needed authorization from the Commission to allow them to go forward. In the opinion of the TRB, there were so many deficiencies and problems with the plans submitted that nor- mally this would not have gone to the Planning & Zoning Board. The Mayor asked why this was before the Commission and wondered if we were doing something special for Tradewinds. Mayor Moore noted that charge had been made and it was false. Staff was instructed to give Tradewinds what they have coming. The Mayor asked Mr. Cannon if there was some inference he was trying to get in the record that someone was deviating from the normal procedure. Mr. Cannon responded that Tradewinds would have to meet the require- ments of the Code. Reference was made to the parameter plat for the 32 acres and Mr. Cannon stated they would have to show all water, sewer, paving and drainage within that parameter. They had submitted those plans in piecemeal fashion and Mr. Cannon 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY l6, 1990 thought there was still some question on the part of the Engineering Dept. Before they continue with anymore de- velopment in there they will have to be inspected. They will have to produce a complete set of plans. They will have to bond all the improvements as a condition of getting approval for final plat by the City Commission. The bond will have to be for both on-site and off-site improvements. Vice Mayor Olenik noted the Commission was approving a Preliminary Plat at this time. He asked if other developers were required to submit bonds at the time of Preliminary Plat approval. Mr. Cannon responded they are at the time of Final Plat approval so the Commission will see this again at the time of Final Plat approval. The Mayor noted this is standard. They came in with a preliminary Plat. Staff told them to do some things before the Final Plat approval. It will come back before the Commission. Motion Commissioner Wische moved to approve. Vice Mayor Olenik seconded the motion which carried 5-0. Status of Slawson, Burman & Critton -- Tradewinds Commissioner Wische thought that since the litigation was over and the case settled except for negotiations which could possibly occur, Slawson, Burman & Critton could be dismissed from the settlement agreement. The City has an in-house attorney. To retain the firm would mean using tax- payers' money to pay them possibly further large sums. He \Ias against paying them anymore of the taxpayers' money when it could be handled in-house. Commissioner Wische was also concerned about continuity. Raymond Rea had been involved with this for four years. Slawson, Burman & Critton had just gotten involved in April, 1989. ~ Commissioner Weiner pointed out that as of January 10, 1990 City Attorney Rea recommended that the firm be continued on "until the final ink is dry on the Settlement Agreement". Discussion ensued. Vice Mayor Olenik asked Mr. Rea if his feelings had changed. Mr. Rea stated he still had a level of discomfort with it. The Commission could do it if they chose to, however, it would take a little longer time. He would be very uncomfort- able if the Commission chose to discharge the firm without any conditions on it. The City still has a major document to prepare. If someone "digs in their heels" at this point, the entire chain of events could crumple. He would not discharge them for purposes of the entire litigation because there is still that potential. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY l6, 1990 Commissioner Wische clarified he suggested dismissing the firm from the settlement agreement and negotiations only. They could be kept for purposes of further litigation if any arose. Mayor Moore felt the taxpayers were "hemorrhaging" as a result of the bills in this litigation and a tourniquet needed to be put on somewhere. Perhaps discharge was the wrong word. Perhaps we should say "put on the back burner". The Mayor remarked that he had sent a memorandum to Slawson, Burman & Critton telling them to not incur any further legal expenses in connection with Tradewinde until the Commission can discuss the matter. He was charged in the paper with firing them. The Mayor elaborated and didn't think the City should "keep the meter running". He thought the firm should be told to put it on hold and "ice it" until the Commission can review matters. Mayor Moore couldn't see paying the firm to look at the Settlement Agreement until the City Manager and City Attorney provide input. Vice Mayor Olenik commented that later in the evening the Commission would be evaluating City Attorney Rea's job per- formance. If he were released and Slawson, Burman & Critton were released, the City would then be left with no legal counsel to review the Settlement Agreement that had been presented to the City by Tradewinds. The Settlement Agreement is from Michael Morton and the Vice Mayor wasn't real comfortable authorizing the Settlement Agreement from the developer who is going to get $8,000,000 from the City, if the City has no legal representation. ~ Motion Commissioner Wische moved to release Sla~lson, Burman & Critton on the Settlement Agreement and negotiations only. The City would retain them only for the purposes of further litigation, if necessary. Mayor Moore passed the gavel and seconded the motion. Commissioner Wische amended the motion to include that Slawson, Burman & Critton be specifically told to not incur any further expenses in connection with this matter, fees or otherwise, directly or indirectly, until they are specifi- cally authorized to do so by this Commission. Mayor Moore seconded the amended motion. Vice Mayor Olenik asked if there were any outstanding invoices with the firm and was the Commission authorizing payment of those or was the Commission stopping the clock as of this moment. City Attorney Rea noted there were some outstanding bills to come in yet. Mayor Moore stated he 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY l6, 1990 asked them last week to send the City a billing for what they had. He questioned why there should be continuing bills for future things, presuming this was not going to be a settlement, after the initial motion. It was clearly put out that both candidates in the election said they wanted to settle the thing. Vice Mayor Olenik called for a vote of those in support of the motion. The motion carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. Mr. Rea stated he would advise the firm in the morning. C. Boyne n Lakes Plat No. P \ Jim Golden, Senior Planner, the ap icant i requesting to be allowed to const ct a non-ze lot li "unit in a community which is Master lanned for ro lot U,ne homes. The subject parcel is Bl k 10, Lot 1 of Plat No. -6. This area of th~ project is cur nt1y under construction south of Hy~luxo Road by the Ryland Homes Corp. Overlays were viewed''On the overhead ojector. proximi ty of the homes on Lots",~ and lO was ob rved. The recommendation from the TRB is t~t the Commissio make a finding of no substantial change, s ject to the de loper ~?viding confirmati~n from FPL that ey will not r~inquish their contI-'&.!: over that portl of the easemet encroaching the lot. Thtiii., confirmation wa rovided in a letter from FPL, dated OctOb~r 19, 1990. ""', Mr. Golden stated the Fire Dept~till sees a pro the proximity of these two units t each other and rece- dent which may be set. Mr. Golden no ed this was a de loper request. He believed Lennar owne the lot and they had some agreement wi~~ Ryland Homes. '~scussion transpired rel~tive to the fact th the easement that encroache~'~he lot for access vehicles in to maintain the li~. " Vice Mayor Olenik asked if it was anted and an FPL truck driving dow~ the easement damaged a n e, would the City b responsible 'f9,r damages. Ci ty Manager iller noted the ho e could not be bU~lt on the easement. Mr. olden stated the south wall of the'll.ome would almost coinci with the line. They would not be ab~~ to get a permit if it ere on the sement. ..'''-., I on the recommendation of staff, Commissioner Wisch~ t approve. Vice Mayor lenik seconded the mot'bn I car 'ed 5-0. .. l8