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LEGAL APPROVAL Ii -I I ORDINANCE NO. 099-/41 ; , AN _,ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 9.64 ACRES OF LAND OWNED BY MICHAEL SCHROEDER AS TRUSTEE, AND MARILYN R. SELVA; AMENDING ORDINANCE 89- 38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM C-H (COMMERCIAL HIGH) IN PALM BEACH COUNTY TO LOCAL . RETAIL COMMERCIAL; PROVIDING FOR CONFUCTS, SEVERABILITY AND AN EFFECTIVE DATE. i! I , , I WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and, WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after publiC hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect .., ,.. I. I' ! ' I I ! the following: That the ~uture Land Use of the following described land shall be designated as Local Retail Commercial. Said land is more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. I . I Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. I I. portion thereof be declareq by a court of competent jurisdiction to be invalid, I: I ~ Section 4: Should ~ny section or provision of this Ordinance or any such decision shall not affect the remainder of this Ordinance. Section 5: The effective date of this small scale development plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of J I which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2-740 Centerview Drive, Tallahassee, Florida 32399-2100. FIRST READING this h day of April, 1999. SECOND, FINAL READING and PASSAGE this ~ day of #~~~ , . I: I! 1999. '~: ; ~~-<'~~ Ci Clerk (CorD~atmIS~I\ \\' i0 ~" ....~\ON 8/::0. ~ s~~Jt~~~~ ~ Ll l~~ '0.... S ~ .:::: 0 IU \:: =:z ~ = == ,.. ;- olE - " ~. - ~':. ..... ~o .\9 .... ~ ~ \.' ~~ ~ ......... ,Q ~ ~/1. FLO~ ~\#' 1""1/11/ 11\ \\ \\\'\ CITY OF BOYNT~ B~H, FLORIDA I . /1 ~ . l;;' .. L- t f"i' t C~-----.- Mayor . ~ J ~/ - ~ V' Vice Mayor ~~ Commissioner ~ /?~~.;u, . 'Commissioner - ~VU LW. T>st.{,'\d.,~1' Commissioner '. ". " . .:?' ~ ~ ,. " ". " " Tract 51 of the SUBDIVISION OF' SOUTHEAST "% OF secnoN 19. TOWNSHIP 4S SOUTH. RANGE 43 EAST, according to the prat thereof. recorded in prat Book 7. Page 19. of the Public Records of Patm Beach County, Florida. Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECnON 19, TOWNSHIP 45 SOUTH. RANGE 43 EAST. according to the Plat thereof. recorded in Plat Book 7. Page 19. of the Public Records of Pafm Beach County. Florida. Also described as the South % of the Southwest % of the Southwest % of the Southeast % of SECTION 19. TOWNSHIP 45 SOunf. RANGE 43 EAST. LESS the West 15 feet thereof; and LESS that portion thereof lying within the lake Worth Drainage DIstrict Canal L-24 Right-of- Way. Also. that part of the Lake Worth Drainage District Canal L-24 right-of-way tying North and adjacent to Block 7 of the Plat of Palm Beach Farms Company Plat No.8, according to the Plat recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Rorida; same portion of said Canal L-24 right-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19. Township 45, Range 43, according to the Plat recorded in prat Book 7, Page 19, of the Public Records of Palm Beach County, Rorida. Together with the West 15 feet of Tract 52 of the Subdivision of SE %.of Sectfon 19, Township 45. . Range 43. according to the Plat recorded in Plat Book 7. Page 19. of the Public Records of Palm Beach County. Rorida. Together with the right-of-way of Knut~ Road lying West and adjacent to the afore described Tracts 51 and 52. ' ~ qA/I ({l~. If'}~? - /0 "~.~" :...t i I i , , ORDINANCE NO. 099-/J I I! i! I has adopted Ordinance No. '91-70, in which a Revised Zoning Map was ! adopted for said City; and WHEREAS, Rob~rt Katz, as owner of the property more particul(lrly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 I of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 0.43 acres, said land being more particularly described hereinafter, from R-1-A . (Single Family Residential to C-2 (Neighborhood Commercial); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. AN ORDINANCE OF THE cm COMMISSION OF THE cm OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ROBERT KATZ (LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF S.E. 1ST AVENUE AND S.E. 3RD STREET); AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1-A TO C-2 (NEIGHBORHOOD COMMERCIAL); PROVIDING FOR CONFLICTS, SEVERABILIlY AND AN EFFECTIVE DATE. Ii , I I, ,I WHEREAS, the City Commission of the City of Boynton Beach, Florida NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lots 4, 5 and 6, Block 11, Town of Boynton, a subdivision as recorded in Plat Book 1, Page 23, in the Public Records of Palm Beach County, Florida. II be and the same is hereby rezoned from R-1-A (Single Family Residential) to C-2 (Neighborhood Commercial). A location map is attached hereto as Exhibit "A" and , made a part of this Ordinance by reference. Attached as Exhibit "B" is a copy of the conditions/requirements for this rezoning, which are incorporated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be "amended accordingly. i ! Section 3: All ordinances or parts of ordinances in conflict herewith are : hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. I FIRST READING th~S ~ _day of #/AI' , 1999. II' SECOND, FINAL READING and PASS~GE this /A day of /J1/1~ I cm ~t: BOYN'r N BEA" FL~RIDA , ~. '-it-~~ Myor ~ //, - , 1999. ATTEsr: ~ =~~~- I Ci CI~~\\\""""""I/, . ~" -.(~TO", "~ ~ ^- 0 ........ ~ A ~ (C ~ -"'It.6~I:!.4~.."'~ ~ OI:t'0r~":':l"\:Jt:Clr.F'O", <' ~ s:ca~ReZ9"ing Katz \ ~ ~ ~ .~ : -: i E _' 1"\.- -- ~ .... " \..J. .::: . - "'" \. ;~.; r.~...,/ $ ........ O~:!:f- . FLO~\ #' -'j \\\\ 11/11/1111\\\\\\ , II I II II I I I , , I I' I, " i: I ORDINANCE NO. 099-~ AN 9RDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 306 S.E. 1ST AVENUE (ROBERT KATZ HISTORIC HOUSE) ; AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: " Section 1: Ordinance No. 89-38 of the City is hereby amended to r~flect the following: I That the Future Land Use of the following described I land shall be designated as Local Retail Commercial. Said land is more particularly described as follows: Lots 4, 5 and 6, Block 11, Town of Boynton, a subdivision as recorded in Plat Book 1, Page 23, in the Public Records of Palm Beach County, Florida. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of /J/~" , 1999. ------~---~- SECOND t FINAL READING and PASSAGE this /$ day of I \ ' /J1,,9~ t ,1999. CITY OF;BOYNTO~ BE;5Ht FLORIDA , ,R: < L '/ ,) <, - tl, ~--) Vice Mayor .JI4~~ ;J-/)U[p-- Commissioner I\Ll~ l / ClU.[ \it tt\: ....... ATTEST: "r~~~A' ~ Ci Y Clerk . (Corporate Seal) ~\\\\\\ III" 1/ III/. s:ca\o~\~~"'l:OGi. \f40/. ~:o IV L\ ~ oS A. ......... q.A."ll. ~~ ~ v.. QCA-" ,.",- ~ :::: << ....~ . "'l Jo-^'. -v ~ .:::: 0 /..9 "0\ (") ~ ~.~ . ~ = )- i~ i 'X = ::1-: i = --" 0'::: ~ (.) .... '" 92./ $: ~ ..... \ ....- ~ ~ ..........,... ~ ~1'/1 F:lO~\Q ~,~ '11111/," 11111 \\\\\\\: DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment May 10, 1999 Martin L. O'Shea 100 Miller Rd. Delray Beach, FL 33483 Re: File No.: Location: Robert Katz Historic House LUAR 98-002 306 SE 1st Ave. Dear Mr. O'Shea: Enclosed is the City of Boynton Beach Development Order for land use amendment/rezoning granted on April 20, 1999. Should you have any questions regarding this matter, please feel free to contact this office at (561)742-6260. Sincerely, ~,. '7 "/ , (...-/ J ~.- Michael W. Rumpf Director of Planning & Zoning MWR:jma J'\SHRDAT AIPlanningISHARED\WPIPROlECTS\Melear PUD\Developmenl Order Letler.doc America's Gateway to tile Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMENT ORDER OF THE CITY COMMISSJON OF THE C~--y OF BOYNTON BEACH, FLORll ",--",,-,.. ~ ~. PROJECT NAME: Robert Katz Historic House (LUAR 9a-002) APPLICANT'S AGENT: Martin L. O'Shea APPLICANT'S ADDRESS: 334 Gardena Blvd. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 1999 TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning LOCATION OF PROPERTY: 306 SE 1st Avenue DRAWING(S): SEE EXHIBIT "8" ATTACHED HERETO. THIS MA TIER came before the City Commission of the City of 80ynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MA TIER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Com~ission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .lL- HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested-by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. , 7. Other ~\\, ,\\11111"",,, ~,>\'" ,ON 8~ IIII~ #~~ ~-JAfO ~ s ....0 I~ ~ ~ ~~ ~ ~ .... . ..... :: LL '0 = - 10 - ~ 0 \~ nt::J ; g ~ .". '- ~" I ~ ~ ,..., ~ A., ~ .0 ^ ... ~ ~...~ .... ':'::' $:' ~ '" ... o~ --" ~ e\,:,' ~/l r ~,.... 1'1111"'''\1\\\\\\\ ~~f'~~ City Clerk J\SHRDATAIPlann.ng\SHAREDIWP\PROJECTS\Robef1 Katz Histone House\ LUAR\DEVELOPMENT ORDER.doc DATED: ~~9? EXHIBIT "e" Conditions of Approval Project name: Robert Katz Historic House File number: LUAR 98-002 Reference: Land Use AmendmentlRezoninlZ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORE STER/ENVIRONMENTALI ST Comments: None X PLANNING AND ZONING Comments: l. Use of the subject property will be limited to a historic home, ancillary X elements such as garage/utility building, outdoor gathering and entertainment areas, and parking facilities. 2. The code-required buffer wall be constructed on the south and west sides of X Robert Katz Historic House LUAR 98-002 Page 2 of2 . 'DEPARTMENTS INCLUDE REJECT the property concurrent with the construction of parking facilities on the site. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. Denied due to potential impacts on the neighborhood if used for purposes X other then a historic museum. ADDITIONAL CITY COMMISSION CONDITIONS 4. Limit signage to wall signage designed to be compatible with the scale and X character of the historic structure. 5. Limit parking area lighting poles to a maximum height of 10 feet. X 6. Limit the structure to its current size. X 7. Approved the reclassification of the subject property to Local Retail X Commercial, and rezone to" C-2, Neighborhood Commercial. MWR/kcw/dim J\SHROA T AIPLANNlNGISHARED\WP\PROJECTS\KA TZ - ROBERT-HISTORIC HOUSElLUARIEXHlBIT C - COND OF APPRVL.OOC " PL!) /IJ IV / AJ L) MINUTES O. (HE REGULAR cnv COMMISSIOh ...EETING HELD IN COMMISSION CHAMBERS, cnv HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 18, 1999 AT 6:30 P.M. '.... PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkinfl II1~'~i'im City Manager James Cnerof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Reverend Conrad Braaten - Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Commissioner William Sherman Mayor Broening called the meeting to order at 6:35 p.m.' Following -an invocation, Commissioner Sherman led the Pledge of Allegiance to the Flag. Mayor aroening acknowledged the presence in the audience of State Representative Ken Pruitt and County Commissioner Warren Newell. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof advised that Item IV-D.l should be removed from the agenda since the Planning & Development Board did not dispose of it. Commissioner Denahan requested that Item IV-D,2 be removed from the Consent Agenda for a full presentation. 2. - Adoption Commissioner Denahan moved to approve the agenda as amended. Vice Mayor lillman seconded the rootioA that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: "-00 ~ @ rn G W rn. OOi l I r--- 1 II I l .ltf - 2 !~~; l" I PLAi'iNI;~G ANO l 70NlNG DEPT. 1 MErnNG MINUTES W REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA "'" MAY 18,1999 Appointment .':- Length of Term To Be Made Board Exoiration Date IV Tillman Children & Youth Advisory Board Alt 1 yr term to 4/00 Mayor Broening Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00 I Weiland Children & Youth Advisory Board Alt 1 yr term to 4/00 II Denahan Children & Youth Advisory Board Reg 2 yr term to 4/00 Mayor Broening Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 I Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 II Denahan Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 III Sherman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 IV Tillman Cemetery Board Alt 1 yr term to 4/00 TABLED (2) Mayor Broening Code Enforcement Board Alt 1 yr term to 9/99 Mayor Broening Community Relations Board Alt 1 yr term to 4/00 I Weiland Community Relations Board AIt 1 yr term to 4/00 IV Tillman Education Advisory Board Reg 2 yr term to 4/01 Mayor Broening Education Advisory Board Reg 2 yr term to 4{01 I Weiland Education Advisory Board Alt 1 yr term to 4{00 II Denahan Education Advisory Board Stu 1 yr term to 4{00 Mayor Broening Ubrary Board Reg 3 yr term to 4{02 I Weiland Ubrary Board Alt 1 yr term to 4{00 III Sherman Nuisance Abatement Board Reg 2 yr term to 4{01 I Weiland Recreation & Parks Board AIt 1 yr term to 4{00 II Denahan Reaeatlon & Parks Board Reg 3 yr term to 4{02 III Sherman Reaeatlon & Parks Board AIt 1 yr term to 4{00 I Weiland Senior Advisory Board AIt 1 yr term to 4{00 II Denahan Senior Advisory Board AIt 1 yr term to 4{00 -~.-~. IV Tillman Rreflghters' Pension Board Reg 2 yr term to 4{01 The following appointments were made: . Vice Mayor "Tillman appointed Harvev OVer ID as a regular member of the Education Advisory Board. . Commissioner Weiland appointed Laura Henlev-SheDhard as an alternate member of the Advisory Board on Children & Youth. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18, 1999 . Vice Mayor Tillman appointed Mack McCray as an alternate member of the Cemetery Board. . Commissioner Weiland appointed Diana Tedtmann as an alternate member of the Education Advisory Board. . Commissioner Weiland appointed Valerie Pleasanton as an alternate member of the Library Board. . Commissioner Weiland appointed Dan Winters as an alternate member of the Recreation & Parks Board. . Commissioner Weiland appointed Helen Schwartzenberg as an alternate member of the Senior Advisory Board. Commissioner Denahan informed Commissioner Weiland that Dan Winters had served on the Recreation' & Parks Board for quite some time. She requested that Commissioner Weiland allow her to appoint Mr. Winters to a regular appointment on that board rather than an alternate appointment. . . Commissioner Deriahan" appointed Dan Winters as a regular member of the Recreation & Parks Board. . Commissioner Denahan appointed Steve Waldman as a regular member of the Advisory Board on Children & Youth.' . Commissioner Denahan appointed Elizabeth Jenkins as an alternate member of the Senior Advisory Board. . Mayor Broening moved Marva Collins from her alternate position on the Ubrary Board to a regular position on that board. . Commissioner Weiland appointed Charles Jackson as a regular member of the Recreation & Parks Board. Commissioner Shennan requested that all of his appointments be tabled at this time. Motion Commissioner Denahan moved to accept the appointments and table all remaining appointments. Commissioner Weiland seconded the motion that carried unanimously. At Vice Mayor Tillman's request, Item IV-B.3 was removed from the Consent Agenda for notice to the public. 3 MErnNG MINUTES REGULAR CITY COMMlISlON BOYNTON BEACH, FLORIDA .., MAY 18, 1999 III.. ANNOUNCEMENTS' It PRESENTAnONS: A. Announcements: 1. Boynton Beach Area Schools TCS Showcase - Wednesday, May 26th @ 6:00 p.m. in Commission Chambers Mayor Broening made this announcement. Virginia Farace, Library Director, invited the City Commissioners, staff and. the public to participate in this program. The students will use the same criteria that Motorola and FPL use when they go before the Sterling Award committees. This event is co-sponsored by the Education Advisory Board and the Library Board. 2. Neighborhood Summit Meeting - June 7th from 7:00 to 8:30 p.m. in the Library Program Room Mayor Broening made the announcement. 3. Landlords of Multi-Unit Dwellings Workshop with the City - June 9th from 11:30 a.m. to 1:00 p.m. in the Library Program Room . Mayor Broening made the announcement and Hank Ackermann, Neighborhood Project Specialist, added that invitations would be sent out for this workshop. B. Presentations: 1. Proclamations: . a. "Older Americans Month" - May, 1999 Mayor Broening read a Proclamation declaring May, 1999 as Older Americans Month and presented it to Betty Collins, Chairwoman of the Senior Advisory Board. On behalf of t:tte-senior Advisory Board, Ms. Collins thanked the Commission for their support. b. "National Safe Boating Week" - May 22-28, 1999 Mayor Broening read a Proclamation declaring the week of May 22nd through May 28th as National Safe Boating Week and presented it to Jim Ashley, Public Affairs Officers of the local Flotilla. Mr. Ashley reported that this year is the 60th anniversary as a volunteer arm of the U. S. Coast Guard. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18, 1999 c. ".. "Boynton Veterans Council Memorial Day Celebration" - May 30, 1999 Mayor Broening read a Proclamation declaring May 30th as Boynton Veterans Council Memorial Day Celebration and presented it to Gerald Levine, Chairman of the Boynton Veterans Council. Mr. Levine advised that the Boynton Veterans Council is comprised of members of the VF'N, American Legion, the Military Order of the Purple Heart and Jewish War Veterans. The Boynton Veterans Council is committed to remembering the sacrifices of those who serve our nation and they provide a safety net for the wives, widows and children who are affected by that service. This year, approximately SO unmarked graves will be marked. This will complete a program that the Boynton Veterans Council began a few years ago. Mr. Levine urged everyone to attend the celebration on Sunday, May 30th at 2:00 p.m. at Boynton Memorial Park. 2. Update on Tallahassee by Senator Ron Klein Senator Klein reported the following highlights from the 1999 Legislative Session: - > Urban Infill and Redevelopment Bill - One of the core issues.the State is interested in is in focussing on urban infrastructure. There is a concern about urban sprawl as we develop west. There are great opportunities to redevelop commercial and residential areas in urban areas. mere are provisions in the bill that change the study process and approaches to annexation. > The issue of skateboarding, rollerblading and free-style bicycle riding was one of the Rorida League of Cities priorities this year. A bill was passed that provides for limit on liability for cities that create these kinds of parks. > A bill dealing with code enforcement was passed. This bill gives new powers to Special Masters and gives the cities additional authority to enforce their codes and . associated fees and penalties. > The Florida Forever Act was passed. This is a continuation of Preservation 2000. Preservation 2000 Is one of the largest land management and purchase of environmentally sensitive lands acts in the United States. Senator Klein will work on trying to secure cooperation between federal, state, county and South Rorida Water Management District to try to create a state park west of Boynton Beach in the Ag Reserve area. > Money for Boynton Beach Projects - The process for securing funding for historic preservation is to request grants through the Secretary of State's OffIce. The cycle is one year In advance; therefore, it is important to move forward with these requests. With respect to funding for a senior center, Senator Klein said the time is now. Road, park and greenway belt issues should be brought to the attention of the state agencies. Another way to secure this funding is through member projects. 5 MEETING MINUTES ~_ REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ., MAY 18, 1999 The Palm Beach::'County Legislative Delegation works very actively to try to secure support from the state for the City of Boynton Beach. Senator Klein said he would be more than happy to meet with the Commissioners and staff to discuss projects. Mayor Broening thanked Senator Klein for his presentation. 3. Presentation of Ceremonial Check of $300,000 by Commissioner Warren Newell from the Palm Beach County Board of County Commissioners and the Department of Environmental Protection for the Downtown Watershed Regional Stormwater Facility Commissioner Warren Newell thanked Senator Klein for being a great ally to Palm Beach during the Legislative Session. Commissioner Newell reported that the Lake Worth Lagoon is a project he initiated a few years ago to restore the waterway. There are three major water bodies that drain into the Lake Worth Lagoon. They are C-17, C-51 and C-15. They provide most of the run-off into the Lagoon. and cause most of the problems. In addition, there are many development areas and existing projects that discharge directly into the Lagoon and cause sediment, pollution and a . constant influx of oils and other run;.offs. A few years ago, a study was undertaken and a report was developed along with a management plan. It was then necessary to get funding for the clean up. Representative Pruitt assisted in getting the first $1 million which was used for distribution to cities to encourage them to get involved in developing a program. The $300,000 that has been provided by the State through the DEP and Palm Beach County is for the Lake Worth Lagoon Partnership Program. That $1 million has contributed to $9 million in actual projects this year. The aty of Boynton Beach received one of the largest portions of the $1 million appropriation and it was one of the most effective portions. The aty of Boynton Beach is attempting to control run-off, retrofit the system and allow redevelopment to occur. Representative Pruitt put $1.5 million back in the budget for next year, but it could be stricken. Commissioner Newell commended the aty of Boynton Beach for the great job that is being done by being ~J lot this project, and introduced Representative Pruitt and Diane Crigger of the Department of Environmental Protection. Representative Pruitt thanked Commissioner Newell for his activism and Representative Klein for advocating the Florida Forever Act. He also thanked the Mayor and Commissioners for creating the model for florida Forever. More than $3 billion has been spent over the past ten years to purchase sensitive lands throughout the State of Florida. A focus will now be placed on water restoration and water resource areas. He looks forward to working with the aty of Boynton Beach in the future. On behalf of the Department of Environmental Protection, Ms. Crigger thanked Commissioner Newell and Representative Pruitt for their hard work and diligent efforts to get the $1 million 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18, 1999 appropriation approved. She expressed pride in having the City of Boynton Beach as a partner in this program. Mayor Broening thanked City staff, Vice Mayor lillman, Commissioner Denahan and the former Commission members for participation in this project. 4. Award Certificate of Appreciation to Melody Ordway Mayor Taylor introduced Melody Ordway and announced that she developed the idea to raise funds to rebuild the Kids Kingdom. Ms. Ordway thanked the Commission for their support of Project Playground. She displayed the Project Playground T-shirts and announced that they are for sale for $10 each. She also thanked her friends at the Police Department for doing a great job. Mayor Broening reported that Ms. Ordway is an accomplished artist who designed the T-shirt. He presented her with a certificate for coming up with this idea. IV. CONSENT AGENDA: A. Minutes: 1. Approve the purchase for the Utility/Sewage Collection Division of a LARGE UTILITY VEHICLE, 2-000R, 4X4, W/OPTIONS, - CHEVROLET TAHOE utilizing a STATE CONTRACT #07Q-001-OO-1/AUTOMOBILES & UGHT TRUCKS from Bell Chevrolet, Plant Oty, Rorida, in the amount of $23,263 -Z;--~~ Approve "SANDBlASTING AND PAINTING" OF WATER PIPES AT TWO CANAL CROSSINGS from Roger Allison Painting, Inc., in the amount of $5,800 along with the amount of $8,500 for previous work at other locations, bringing the complete services total to $14,300 3. Award the bid for "ROADWAY IMPROVEMENTS FOR GATEWAY BOULEVARD (NORTH SEACREST BOULEVARD TO U.S. 1)" to Smith & Company, Inc., in the amount of $1,838,924.86 (PROPOSED RESOll/170N NO. Rgg-64) At Vice Mayor lillman's request, Item IV-B.3 was removed from the Consent Agenda for public notice. 7 MEETING MINUTES ~~ REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ."", MAY 18, 1999 ..:. 4. Approve piggybacking of the City of Delray Beach bid with AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. for rehabilitation and major maintenance of wells with an estimated expenditure of $35,000 5. Approve piggybacking City of Sarasota bid and place order for two new high compaction two-man Side-loading garbage trucks for a total cost of $268,000 C. Resolutions: None D. Ratification of Planning & Development Board Action: 1. The Center for Self Discovery - (112 SE 23rd Avenue) - Request for relief from Chapter 21, Signs, Article III., Section 5. requiring a 10' front setback for a sign to allow a 9' variance, or l' front setback 2. Palm Walk A~LF - (Southwest 19th Street) - Request for a one-year time extension for conditional use approval and concurrenCy certification (May 5, 1998 to May 5, 2000) to construct a 48-bed adult living facility to be known as Palm Walk At Commissioner Denahan's request, Item IV-D.2 was removed from the Consent Agenda for a full presentation. E. Approval of Bills F. Approval to enter into a not-to-exceed, three-month contract with MicroAge of . Boca Raton, Rorida under the State of Florida State-Negotiated Agreement Price Schedule (SNAPS) for the provision of a temporary Infonnation Technology Project Manager at the rate of $100 per hour G. Approve Change Order in the amount of $85,000 to post, Buckley, Schuh and Jernigan for additional contract administration services during the Gateway BQule.vard Improvement Project. Original contract amount was $146,352 bringing the new total consultant contract amount of $231,352. H. Approve cancellation of purchase order to Action Mechanical for the West Wing 1st Floor HV AC modifications I. Approve the donation of $2,500 to the Boy SCouts of America from the Law Enforcement Trust Fund 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18,1999 J. Approve the':' donation from Law Enforcement Trust Fund to the Juvenile Transition Center, Inc. of Boynton Beach in the amount of $2,000 Motion Commissioner Denahan moved approval of the Consent Agenda. Vice Mayor TIllman seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: IV.D.3.Award the bid for "ROADWAY IMPROVEMENTS FOR GATEWAY BOULEVARD (NORTH SEACREST BOULEVARD TO U.S. 1)" to Smith & Company, Inc., in the amount of $1,838,924.86 (PROPOSED RESOI.U170N NO. Rgg-64) Vice Mayor TIllman announced that the Commission approved the,"Roadway Improvements for Gateway Boulevard". This is a project that has been a long time coming and he is certain the residents of the northern Section of the Oty are happy this project is now moving forward. Post Buckley will be managing this project. . . . Mr. Hawkins introduced Larry Roberts, Public Works Director, to discuss the Palm Beach County Commission action on this project. ' Mr. Roberts announced that the Palm Beach County Commission approved the Oty's Financial Assistance package in the amount of $2 million for building this road. Motion Commissioner Denahan moved to approve the award of bid for "Roadway Improvemen~ for Gateway Boulevard" to Smith & Company. Vice Mayor Tillman seconded the motion that carried unanimously. -iY;&~2. Palm Walk AClF - (Southwest 19th Street) - Request for a one- year time extension for conditional use approval and concurrency certification (May 5, 1998 to May 5, 2000) to construct a 48-bed adult living fadlity to be known as Palm Walk Commissioner Denahan requested a full presentation of this item because the Planning & Development Board, with a 6-0 vote, recommended denial of this request and that vote was in conflict with staff's recommendation. The applicants requested that this presentation be delayed until the next meeting. 9 MEETING MINUTES REGULAR CITY COMMltsION BOYNTON BEACH, FLORIDA ." MAY 18, 1999 Motion Commissioner Denahan moved to table. Vice Mayor Tillman seconded the motion that carried unanimously. v. CITY MANAGER'S REPORT: AA. Mr. Hawkins offered the following updates regarding issues that were raised at previous Commission meetings: ./ A promise was made that the City would be on board with the Workforce Development Board for summer youth employment by May 14th. The City submitted for 28 full-time positions for youth between the ages of 17 and 21. These positions will be supervised and operated by the Oty. Every department in the City is participating in the program. Most of the young people will come from the Boynton Beach area. The City is not paying for this program. In addition to these positions, the City will also provide 15 positions in the Recreation Division. . The contract for the Workforce Development Board . program will come forward for approval at the next. Oty Commission Meeting.-- ./ At the April 20th Commission meeting, there was an inquiry about a running fire hydrant. Staff responded to Mr.' McCray in writing explaining that the water was running for bacterial sampling and to flush the system. ./ At the May 4th Commission meeting, Mr. Miriana spoke about the placement of trash carts in the streets. Mr. Roberts, Public Works Director, has spoken with him and they are working on resolution of this concern. ./ At the May 4th Commission meeting, there was a complaint about E-Z Mart at the comer of Seacrest and NE 9111 Avenue. The Police ~rtment has instituted a zero-tolerance policy in this area and will be moving forward to make nuisance abatement cases against this establishment. ./ Mr. Garcia expressed a concern regarding street resurfadng. Mr:. Roberts responded in writing explaining where Mr. Garcia's street falls on the resurfacing list. The formula for determination of the streets needing repavement was also explained. A. Presentation by the Customers 'R Us Team on the implementation of the new utility billing system 10 MEmNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18, 1999 Sam ReeD. Customer ReDresentative for Utility Billina and Customer Relations. thanked the Commission for the opportunity to make this presentation. He explained that this project was "in the works" for several years. The Utilities Department changed the bills from the small postcard type bill to a much nicer, user-friendly invoice type billing statement that is enclosed in an envelope that is bar-coded with the City's address. This new system has been successful and many positive comments are being received from customers. The invoice is larger and easier to read and provides space for City information. Mr. Reep thanked Robin Butler for all of her hard work and vision on this project. Mr. Reep said improvements are ongoing and as soon as the department is on-line with new software, additional information will be provided. Yvonne Westerman reported that this is a much better billing statement because it is easier to read and a great deal of information can be provided to the citizens. The invoice offers information on City news, water conservation and the department's satellite at City Hall in the Mall. The new invoice billing also contains most of the City departments' phone numbers. In addition, there is a section for comments. Aanes Wilson remarked that this new style billing assists the employees who deal with the bills. The postcard bills were hard to handle and got lost in . the mail. This billing eliminates mistakes. Mr. Hawkins thanked the in-house team and UtilitieS for their support of this project. H~. explained that the employees put forth a great effort. Mayor Broening thanked the employeeS and feels the system is working well. VI. PUBUC AUDIENCE: Kevin Scully. 214 East Ocean Avenue. complained that Wilfred Hawkins' remarks at the last CRA meeting were callous because no businesses could survive without access to the front of their stores. He also expressed concern about the Oty's stipulations that are attached to the core grants because he feels they are unfair to small business. David Katz. 742 NW 11- Street. is president of the Skylake Homeowners' Association. On behalf of his nefghborhood, he thanked the Oty for the new trashcans. In addition, he pledged $250 from Skylake Homeowners' Association toward rebuilding Klds Klngdom. Mr. Katz commended Shtona St. John and Charles Fisher for the program they worked on to recognize the children of the community who earned volunteer hours. He and his wife attended that dinner and dance. r.1r. Katz commended Major Cummings for the wonderful job done by the honor guard during the recent burial of a Boynton Beach Police Offlcer. Mr, Katz reported that the batting cages at Uttle League Park are in disrepair. Replacement of those cages would cost approximately $7,000. He suggested that the Commission make a motion to approve the expenditure of $7,000 for the reconstruction of those batting cages. 11 MEETING MINUTES . REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ~ MAY 18, 1999 " ' C. Consistency on City Boards Commissioner Denahan requested a consensus from the Commission to direct the City Attorney to review the make-up of City Boards since some of them have two-year staggered terms and others have three-year staggered terms. In addition, the Advisory Board on Children & Youth has voting rights for the students, but the Education Advisory Board does not have those rights. Attorney Cherof said he would prepare a report showing the inconsistencies and then work on Ordinances to cure that problem. XI. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 099-12 Re: Amending the Future Land Use Map of the Comprehensive Plan from Low Density Residential to Local Retail Commercial for the Robert Katz Historic House . . Attorney Cherof re~d Proposed Ordin.ance No. 099-12 by title only. MAYOR BROENING ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO' WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor lillman moved to approve Proposed Ordinance No. 099-12. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 099-13 Re: Rezoning from R-1-A to C-2 . to allow for adaptive reuse of historic home and parking facilities for the Robert Katz Historic House Attorney Cherof read Proposed Ordinance No. 099-13 by title only. MAYOR BROENING ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK-ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-13. Vice Mayor lillman seconded the motion. Cty Cerk Sue Kruse polled the vote. The vote was unanimous. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18, 1999 ...... B. Ordinances - 1st Reading 1. Proposed Ordinance No. 099-14 Re: Amending Chapter 18, Article II, Division I, Section 18.55, providing for a clarification of the definition of "Total and Permanent Disability", creating a new Section 18-126, entitled "Disability Retirement Benefits", for general employees Attorney Cherof read Proposed Ordinance No. 099-14 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-14. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 099-15 Re: The application of Stor-AII Properties, Inc., located on the southeast comer of Knuth Road and Old Boynton Road, amending Ordinance 91-70 by rezoning a certain tract of land from PCD (Planned Commercial Development) to C-1, (Office/Professional) Attorney Cherof read Proposed Qrdinance No. 099-15 by title only. Motion Vice Mayor TIllman moved to approve Proposed Ordinance No. 099-15. Commissioner Denahan seconded the motion. aty Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: - -Y:--.'.- Approve Settlement In the matter of Oty of Boynton Beach v. Shepard/Weege (Parcel 1 and Parcel 2 Motion Vice Mayor TIllman moved to approve the settlement in the matter of the Oty of Boynton Beach v. Shepard/Weege (Parcel 1 and Parcel 2) after much discussion. Commissioner Denahan seconded the motion. Oty Oerk Sue Kruse polled the vote. The vote was +1. (Commissioner Weiland dissented.) Commissioner Denahan said she found this settlement distasteful, but she does not believe moving to trial would be in the Oty's favor. 15 MErnNG MINUTES REGULAR CITY COMMlISION BOYNTON BEACH, FLORIDA ., MAY 18,1999 '.' '. Attorney Cherof announced that the City's negotiating team reached a tentative agreement with the Sergeants' union that will last two years. That agreement will be reduced to writing and come back to the Commission for approval. He thanked City staff and union representatives for their efforts. 2. Ratification of Code Compliance Board action: a. Reduce the lien in Case #98-2184 (Oretha Isom - 105 NE 14th Avenue) from $4,200 plus administrative costs to the administrative costs of $826.18. Scott Blasie, Code Compliance Administrator advised that the Board voted unanimously to reduce the fine in this case from $4,200 plus administrative costs to the administrative costs of $826.18. Mr. Blasie advised that the applicant was present in the audience and desired to address the Commission. Nathaniel McGrady and Ms. Blue approached the podium. . Ms. Blue was present on behalf of her mother, Mrs. lsom. Mr. McGrady explained that Mrs. 150m suffered an illness and was placed in a nursing home. The violations existed on the property when it was turned over to her daughter and the house payments were in arrears at that time. Mr. McGrady and Ms. Blue' tried to keep up with all of the bills and comply with getting the property upgraded. Paying this fine would be a tremendous burden. Mr. McGrady thanked the Code Compliance for reducing the lien and. requested that the Commission consider lowering or waiving the fine. In response to Commissioner Denahan, Ms. Blue said she ~ook over ownership of the property at the end of 1997. When she attempted to refinance the mortgage, she was advised that there was a lien on the property. Mr. Blasie confirmed for Commissioner Denahan that the property was not in compliance when the lien came to their attention. However, it did not take long for them to resod and water the yard. The applicants paid the $250 fee to go before the Code Compliance Board for a reduction. Motion Vice Mayor llllman moved for total dismissal and reduction to zero due to the hardship and how they inherited tl1ehouse In the first place and the fact that the property is up to par. Commissioner Denahan seconded the motion because of the hardship of the property owners. The Oty appreciates their due diligence in bringing the property up to standard. The motion carried unanimously. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 18,1999 '. b. Reduce the lien in Case #90-20000372 (J.N. & Bethan Whilby - 2401 NE 4th Court) from $23,400 plus administrative costs to $300. Scott Blasie advised that the Code Compliance Board unanimously reduced this fine substantially. He explained that the basis for the reduction was the fact that back in the late 1980s and early 1990s, the Code Enforcement Board typically levied very heavy fines for almost everything. It was not uncommon for the fine to be $250 a day for even minor violations. Over the past few years, the trend of the Code Compliance Board has been to base the fine on the gravity of the violation. Another factor that came into play in this case was that the owner of the property bought the property with the violations already existing. Representatives for the owner were present in the audience. Motion Commissioner Denahan moved to approve the recommendation by the Code Compliance Board. Vice Mayor Tillman seconded the motion that carried unanimously. c. Reduce the lien in Case #98-1707 (Fred Garrett/Homecomings - . 1601 NE' 1st Court)' from $5,650 plus administrative costs to' $1,000. Mr. Blasie advised that in this case, the lien was on a former property ownet. The bank foreclosed on the property. The lien was reduced from $5,650 to $1,000. The Board's vote - was unanimous. The property owner laid 30 pallets of sod, painted the structure and boarded it up. Motion Vice Mayor Tillman moved approval of the reduction in Case #98-1707. Commissioner Denahan seconded the motion that carried unanimously. d. Rescind the flne in Case #98-2660 (Sergio & Suzanne DelaRosa - 507 SE 2rP' Court). - _....._-.-~. In Case #98-2@L-the Code Compliance Board voted 3-2 to rescind the fine. The violation was for trash and debris on the property and abandoned vehides. This was a rental property and the landlord did not change the address for the public records. All notifications went to the property where the violation occurred. Staff achieved service by posting the property. The total amount of the fine was $625. Motion Commissioner Denahan moved to overrule the Code Compliance Board In the recommendation of the total rescinding in Case #98-2660 and recover the administrative costs of $634.12. 11 MEETING MINUTES - REGULAR CITY COMMlIQON BOYNTON BEACH, FLORIDA .., MAY 18, 1999 Commissioner Denahan said' it's the absentee landlords that the City needs to earmark in order to give the Code Compliance Board teeth. Vice Mayor Tillman seconded the motion that carried unanimously. XII. UNFINISHED BUSINESS: None XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:35 p.m. CITY OF BOYNTON BEACH AA/~' .. Mayor/ 4 ~ ~ - /:#- - Ice Mayor - ATTEST: .Jld~. Commrssioner ~~'k~.<>o~ Ci Clerk -=---... ~Y/r;~ o uty City Oerk wo Tapes) _WLLLU~MiJ ~ Commissioner €e/f?~ 5/20/99 2:35 PM 18