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
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1990 ~~~~~'-)' V-,!~I t
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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,
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l~sale of Equip~~?t from Abandone~ Wastewater PIa t
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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
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the bid to
e amount
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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.
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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 ',-
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No. 11
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"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~ \
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"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." "
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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. \
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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
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 1, 1990
. rD. Development Plans--
None.
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~~ose of record
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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
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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.
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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!:~_!-____
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ter Keller, some
tIed up with Mr.
w s not the case.
in rmation is made
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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
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ADJOURNMENT
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The meeting properly adjourned at
Mayor
ATTEST:
" ;"
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,/)' / / ' -C-~,,__._
,- ,.., Vice t1ayor
~ ()A7~
Commissioner
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'-0 cf~~~~J~J
;iUt-,~~ &Jte:1L
Recording Secr~tary
(Six Tapes)
~-L/_;-
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Commissioner
Commissioner
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MINUTES - REGULAR CI~_ COMMISSION MEETING
BOYNTON BEACH, FLORIDA JANUARY l6, 1990
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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~.
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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.
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