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Minutes 11-06-02 (2)MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 6, 2002 AT 6:30 P.M. Present Gerald Breening, Mayer Ronald Weiland, Vice Mayer Nike Ferguson, Commissioner Charlie Fisher, Commissioner ('art~veal at: Z.._I~7 p.m..) Mack McCray, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Tnvocation - Dr. Solomon Rothstein, 2® Police Chaplain Pledge of Allegiance to the Flag led by Mayor Broening Mayor Breening called the meeting to order at 6:35 p.m. Dr. Rothstein offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Broening. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections City Attorney Cherof requested that an item be added under "Legal - Other" for a closed-door executive session to discuss litigation. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda as amended. Commissioner McCray seconded the motion that carried 4 to 0. Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 II. PUBLTC AUDTENCE: TNDTVTDUAL SPEAKERS PRESENTATTONS WTLL BE LTMTTED TO 3-MTNUTE Herb Suss complimented Police Chief Gage and the Golf Course for their first Annual Heart Fund Golf Tournament. Approximately $925 was raised. He congratulated Commissioner HcCray and newly elected Commissioner HcKoy on their election wins and hoped that this new Commission would work in harmony. Hr. Suss also said that the City had a great Fire Department. Steve Waldman, 41 Sausalito Drive, Chairman of the Advisory Board on Children & Youth, spoke regarding the Youth Expo that the Board held at the Boynton Beach Hall on October 26th and 27th. Their theme this year was "Youth United" and highlighted the talents and creativity of the youth. The Expo was a success and he thanked the sponsors - Hunters Run, the Palm Beach Post and the Recreation Department, whose staff did a great job. He thanked ]anice Phillips, ]oe Evans, Vicki Rogerson and especially Hs. Sherri Claude who did an outstanding job. Bob Ensler, 26 Woods Lane, thanked Dick Hudson and Hike Rumpf for the work that was done regarding modifications to the Comprehensive Plan. However, he believed it is only a "fix" and does not solve the problem in the long term. He asked for a new study or modifications to the last study of the Comprehensive Plan. Trent Ward, 3102 Palm Drive, asked about the injunction against Barcelona Precast and whether the issues of the buildings and manufacturing on the site were addressed. He was told that he would receive a written response. Royce .]ones, 3104 Palm Drive, lives directly behind Barcelona Precast. He was concerned that Barcelona continues to operate and he asked the Commission to make it a priority to help solve the problem of noise, gas, and dust at that location. Lee Wische, 1302 SW 18th Street, congratulated Commissioners HcCray and HcKoy on their election. lll. OTHER: A. Informational Items by Hembers of the City Commission Hayor Broening commented on mail he had Company concerning power line insurance. communication very carefully. received from Florida Power & Light He advised everyone to read this 2 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 IV. ADMINISTRATIVE: Accept letter of resignation from Dorothy B. Walker, Regular Member of Library Board Motion Commissioner Ferguson moved to accept the resignation from Dorothy B. Commissioner McCray seconded the motion that carried 4 to 0. Walker. Accept letter of resignation from Oris W. Walker, Regular Member of Cemetery Board Motion Commissioner Ferguson moved to accept the resignation Commissioner McCray seconded the motion that carried 4 to 0. from Oris W. Walker. Mayor Broening remarked that the Walkers were a landmark family in the community. They have moved to Martin County and would be sorely missed. C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II McCray Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4-/03Tabled (2) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 II McCray Cemetery Board Reg 3 yr term to 4/03 I Weiland Education Advisory Board Stu 1 yr term to 4/03Tabled (2) TT McCray Education Advisory Board Stu 1 yr term to 4/03Tabled (2) III Ferguson Library Board Alt 1 yr term to 4/03Tabled (3) TV Fisher Library Board Reg 3 yr term to 4/03Tabled (3) IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/03Tabled (2) Commissioner McCray appointed .lessica Cohen as a student/voting member of the Children & Youth Advisory Board. He also appointed Marilyn Huckle as a regular member of the Cemetery Board. All other appointments were tabled. 3 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Motion Commissioner Ferguson moved to approve the appointments. Commissioner [vlcCray and carried 4 to 0. Notion was seconded by V. ANNOUNCEMENTS & PRESENTATTONS: A. Announcements: None B. Presentations: 1. Proclamations: "Boynton Veterans Council Veterans Day [vlemorial Celebration"- November 11, 2002 [vlayor Broening read the Veterans Proclamation and presented it to Gerald Levine of the Boynton Veterans Council. Gerald Levine, Acting Chairman of the Boynton Veterans Council, commented on voting and how the democratic process in this country is working. Throughout the history of the United States, our Armed Forces have defended the principles of free choice. We should thank our servicemen who are protecting us and remember the veterans who are in V.A. hospitals, rvlr. Levine felt that some of the ways that citizens could honor our veterans was to fly the flag and attend programs honoring the veterans and those currently serving our country. Vi. PUBLIC HEARZNG: AGENDA PERMITS 6:30 P.M. OR AS SOON THEREAFTER AS THE Project: Agent: Owner: Location: Descri pti on: Nautica Right-of-Way (ABAN 02-002) Hichael Rodriguez, Esq., Sachs, Sax, & Klein, P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of- way to be replaced by a dedicated access and utility easement in the Nautica PUD City Attorney Cherof explained that this was a site-specific request for abandonment of a portion of a road. He swore in everyone who would be testifying and requested that if anyone had any additional documents to submit into the record, they submit them to the Clerk. 4 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Hike Rumpf, Director of Planning & Zoning, presented the item. Tt is a request for abandonment of the Nautica Boulevard right-of-way including a small portion of the Bermuda Sound Way right-of-way. They would be converted to a private road and the Homeowners Association would grant a utility easement to the City for utility and maintenance purposes. Tn addition, the portion of Nautica Boulevard that directly abuts the City park would be converted to a private roadway and granted to the City as a utility easement and an access easement. The Homeowners Association wants to convert the Nautica Boulevard right-of-way from a public road to a private one in order to facilitate possible future improvements within the right-of-way, such as gated entranceways or installing speed controls. Staff recommends approval of this item subject to comments, including requiring the establishment of a utility easement and the incorporation of the abandoned roadway into the association documents to ensure maintenance of the road. Michael Rodriquez, agent for the applicant, agreed to the conditions. Bob Ensler, 26 Woods Lane, explained that he had voted against this as a member of the Planning & Development Board. However, he stated that he was not really against the application but had concerns because there is no plan to handle safety and security. He suggested that this item be held until there is a total plan for future improvements. Commissioner Fisher arrived at approximate/y this point during the meeting. [vlr. Rumpf reported that staff had no concerns since the applicant understands that a master plan modification would be required if they alter access to the roadway and any alterations would have to be permitted. Also, there is plenty of space and ability to design safe gated entranceways. Staff believed that the easements agreed upon would provide access. Motion Commissioner Ferguson moved to approve the request for abandonment. seconded by Commissioner Fisher and carried 5 to O. Hotion was VII. CONSENT AGENDA: Hatters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 5 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 A. Ninutes: Agenda Preview Conference of October 14, 2002 Special City Commission [vleeting of October 15, 2002 Regular City Commission [vleeting of October 15, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approval to purchase a video enhancement system for the Police Department from Tntergraph Government Solutions (total cost $29,909.99; grant funded $26,918.99) Approval to purchase the second phase of the "AFTX" fingerprint and palm print identification system for the Police Department from Cross [vlatch Technologies, ThC. (total cost $35,572.00; grant funded $32,014.80) Award the "ANNUAL BTD FOR DU[VlPSTER REPATR," Bid #086-2510- 02/KR, to Lamons Welding & Design for an estimated annual expenditure of $60,000 Approve the "piggy-back" of Palm Beach County, Annual Roadway Landscaping Contract #2002052 to Vila & Son Landscaping Corporation to landscape Pump Station 415 at a cost of $27,821.20 Resolutions: Proposed Resolution No. RO2-180 Re: Authorizing revised Grant of Easement Agreement between the City of Boynton Beach and Property Reserve, THC., for dedication of a utility easement needed to serve the Calvary Chapel of Boynton Beach project Proposed Resolution No. RO2-181 Re: Reducing the cash bond for Wood Partners (Excavation & Fill Permit #01-2743) from $10,620 to $531 Proposed Resolution No. RO2-182 Re: Accepting Letter of Credit No. 2002061902 from Palm Beach County Bank in the amount of $26,663 as surety for the installation of water and sewer improvements for the project known as Cypress Creek Villas 6 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 10. 11. Proposed Resolution No. R02-183 Re: Approving Task Order #02-18 for locating Floridan Aquifer Supply, Well sites, with the Utilities General Engineering Consultants, CH2[Vl Hill in an amount up to, but not to exceed $76,279 Proposed Resolution No. RO2-184 Re: Tn support of the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the FEC corridor area by expanding local and regional passenger service in these corridors Proposed Resolution No. RO2-185 Re: Approving the Tnterlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities between the City and Boynton Beach Community High School Proposed Resolution No. RO2-186 Re: Ratifying the agreement between the City of Boynton Beach and the Police Benevolent Association - Sergeant's Unit from October 1, 2002 through September 30, 2004 Proposed Resolution No. RO2-187 Re: Approving a project agreement with the Florida Tnland Navigation District (F.T.N.D.) for the reimbursement of funds allocated for the Boat Club Park Navigation Channel dredging project Proposed Resolution No. RO2-188 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of October 17, 2002: Authorization to expend $140,000 from Repair & Replacement Funds on an emergency basis to repair splitter gate box channel ($10,000) and sanitaire system in south aeration basin "A" plant ($130,000) Proposed Resolution No. RO2-189 Re: Reducing the Letter of Credit for Helear Subdivision (Building Permit No. 00-4237) from $360,307.50 to $100,000 Proposed Resolution No. RO2-190 Re: Executing Letter of Appointment for Herbert D. Kelley, .]r., as Assistant Public Works Director/City Engineer 7 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 D. Ratification of Planning & Development Board Action: New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one- story (240 seat) church on a 1.9-acre parcel (Tabled) Commissioner Ferguson requested that item D.1 be pulled from the consent agenda. The Watershed (NWSP O2-O15), Lots 48 A, B, C and D, Quantum Park PTD - Request for site plan approval for a 282,404 square foot, 332-bed rehabilitation hospital on a 6.48-acre site in the Quantum Park PTD Commissioner Ferguson requested that item D.2 be pulled from the consent agenda. Quantum Park Lots 73 A & B, 74, 75, 76 (NWSP 02-016), 1940, 1960, 1980 High Ridge Road, Quantum Park PTD - Request for site plan approval for a 196,554 square foot industrial/warehouse/retail building on a 13.75-acre site in the Quantum Park PTD Quantum Park Lots 73 A & B, 74, 75, 76 (CDPA 02-001), 1940, 1960, 1980 High Ridge Road, Quantum Park PTD - Request for an appeal from Land Development Regulations Chapter 9, Section 11..3. to permit overhead bay doors to face High Ridge Road in the Quantum Park PTD E. Ratification of CRA Action: None Approval to place on eBay the sale of the Police Department's Catamaran boat Approve the "SURPLUS VEHTCLE/EQUTPHENT LTST" as submitted by Public Works Department and allow for the sale of same Authorize termination of agreement between the City of Boynton Beach and East Coast Golf Ball Company for failure to perform under contract terms for Lake Diving Service T. Approve the petition by Edward H. Petok, representing All County Limousine, THC., for a certificate of Public Convenience and Necessity 8 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Motion Commissioner McCray moved to approve the consent agenda, as amended. Vice Mayor Weiland seconded the motion that carried 5 to 0. New Alliance Haitian Church (NWSP O1-OO8), Hoadley Road (east side, south end) - Request for site plan approval for a one- story (240 seat) church on a 1.9-acre parcel (Tabled) Motion Commissioner Ferguson moved to remove item D.1 from the table. seconded by Commissioner Fisher and carried 5 to 0. Motion was Mayor Broening announced that he had received cards from three people who wished to speak on behalf of the community and there were many more cards from people wishing to speak. He explained that the Commission had three options: Remand the item back to the Planning & Development Board for questions regarding traffic and use. · Set a time certain for a public hearing before the Commission. · Hear it tonight. Tt was the consensus of the Commission to hear the item tonight. City Attorney Cherof declared that since this was pulled from the consent agenda, the process now resumes as a quasi-judicial 2roceeding. He swore in everyone who wished to testify. Nike Rumpf, Director of Planning & Zoning, presented the item. This is a request for new site plan approval. This parcel is located at the eastern terminus of Hoadley Road, which is accessed off of Old Boynton Road east of Congress Avenue. The property is zoned R-l-AA, which is a single family zoning district and allows churches as permitted uses. Tt is currently vacant. As a condition of approval, the roadway would have to be improved as it is deficient. Parking and landscaping would be provided in accordance with our code. There are some additional conditions of approval. Tn particular, infrastructure would have to be brought to the parcel down Hoadley Road and the roadway would have to be widened to a minimum standard acceptable to the City to provide access to the parcel. 9 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Alfred Daise, representing the church, explained that the applicant has complied with all codes and ordinances in the City. They are going to put the road in. He did not believe that the item should be sent back to the Planning & Development Board because they have resolved all of the issues. They met with staff and he reported that staff was wonderful to work with. Don Senatore, architect for the project, reviewed his proposal for the road, which included saving some of the landscaping and providing a swale on the westerly side. Tn response to a question from the Commission, [vlr. Senatore stated that the distance from the west edge of the pavement to the wall is 9 feet 6 inches. .3eft Livergood, Public Works Director, responded to questions from the Commission. Regarding options for the power pole, he stated that it could be located anywhere in a public right-of-way. Tn this case, they will place it as close to the property line as possible. According to [vlr. Livergood, a 22-foot roadway is desirable; however, staff believes that a 20-foot road would reasonably accommodate traffic. Regarding overflow parking on the road allowing room for emergency vehicle access, he did not believe it would be appropriate to park on Hoadley Road. The City could consider parking restrictions in the future if it becomes problematic. Tf a vehicle is parked on the edge of the roadway, there should still be room for emergency vehicle access. [vlayor Broening requested that the three people who were representing the community speak at this time. Eric Peterson, 430 Hoadley Road, stated that there were many concerns by the residents concerning this project. They do not believe that it fits into the neighborhood. There are concerns regarding the width of road and who pays for the road improvements. Nany variances would be required and there are too many issues of concern. [vlr. Peterson quoted various passages from Chapter 1.5, Section 4 of the Land Development Regulations, stating that the applicant is not in compliance with Chapter 1.5. This 240-seat church would generate excessive noise and traffic; is not compatible with the area; and is not the most appropriate use of the land. Tn the 1980s and 1990s, rezoning for commercial and townhomes was denied. The best use of the land is for single-family residences. [vlr. Peterson was concerned that this project would be disruptive to the character of the neighborhood. Staff performed a traffic study and came up with 162 trips, which equates to 81 cars. There are only 63 parking spaces. The Church has stated that they wanted a day care and a pre-school. Tt needs to be made clear that they cannot have these because they are conditional uses and must be on an arterial road, which Hoadley 10 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Road is not. This request needs to be sent back to the Planning & Development Board to address the outstanding issues. Brian Fischer, 1268 Gondola Court, lives in Treasure Tsland. He read from an original sales brochure when Treasure Tsland was developed which stressed safety and security. He felt that this is too small a piece of property for so much congestion. His main concern is traffic congestion. Kirk Orlovsky, 410 Hoadley Road, had concerns regarding the traffic volume. The zoning does allow churches but it assumes that the roads are adequate. [vlr. Orlovsky was concerned that there would not be enough room for adequate drainage or for sidewalks for pedestrian traffic. He was also concerned regarding landscaping since this road runs along the rear of a shopping center. He suggested a complete new 22- foot road with a sidewalk on one side and curbs and gutters on both sides and underground drainage. A large road is needed for this project. He felt that this item should be remanded to the Planning & Development Board for consideration. [vlayor Broening stated that there are some issues that relate to rights permitted under zoning and a church is permitted as a right under zoning. Any ancillary use is a conditional use. He had seen some evidence that it is to be used only as a church and he had seen some evidence that there is an intention to use it as a day care center or youth center. This Commission has an obligation to look at legal rights but also to look at other issues that have been voiced this evening. Tt was the consensus of the Commission to hear from other people in the audience who had submitted cards and wished to speak so that if the Commission decides to send this item back to the Planning & Development Board, the Board would be aware of all concerns. There was no time limit set for the speakers; however, they were requested to limit their comments to new information. Tina Smith, 15 Velaire Drive, had concerns regarding traffic from this project also affecting Velaire Drive. She was very concerned regarding strangers in the neighborhood and disruption to their small community. Kathy Silverio, 10 Velaire Drive, was concerned regarding other uses at the church. She had seen plans for a commercial kitchen, a day care, and a sports center. She was concerned with the traffic volume and wants a family community. Gene Seng, I Velaire Drive, was concerned regarding creating a bottleneck. His concern was that this was a large church going into a small neighborhood. 11 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Scott McCracken, 122! Tsles Court, felt that a goal of all churches was to grow. He had concerns regarding the growth of the church in the future and that there could be more than one service on a Sunday. .lames Wilson, 1224 Tsles Court, felt that there would be services on other days besides Sundays and that there would not only be cars coming in and out but school buses bringing people to the services. He knows that the surrounding farmland would some day be sold and built on and that would create even more traffic. Debra Brenner, 13 Velaire Drive, had recently purchased her house and was concerned regarding the traffic volume and decreasing property values. Rod Silverio, 10 Velaire Drive, stated that traffic had increased tremendously on Old Boynton Road and it is only a two-lane highway. Anyone turning into Velaire Drive backs up traffic on Old Boynton Road. Tf the church is built, traffic lights would be needed. His concern is that the neighborhood cannot handle this project. Denise Edwards, 18 Velaire Drive, purchased her home because it was a quiet and safe neighborhood. She was concerned that the landscape buffer abutting the shopping center might be removed and it helps shield the noise from that property. Anne Smith, 4 Velaire Drive, had been living there for 27 years. She read a portion of the Planning & Development Board minutes of September 24-th where the Board approved the request with the provision that the City Commission address the upgrading of the road leading into the church, the sewer system, the turn-around, and whatever is required to make this project feasible. She felt that the Planning & Development Board was leaving everything up to the Commission and she thought that the project should be sent back to the Board. Commissioner Ferguson did not think that the church should have been approved because of the traffic situation. He suggested that the only compromise would be to obtain access from Boynton Beach Boulevard or the west end of the shopping center. Commissioner Fisher asked and received clarification that the wall is on the adjacent property that belongs to the shopping center. When asked regarding the slope of the road, [vlr. Livergood stated that without engineering diagrams, it was hard to comment on this. Tn reference to the number of daily trips and the number of parking spaces, [vlr. Livergood stated that the trip generation standards and the parking standards are two separate entities and there is no correlation between the two. The applicant has met code regarding the number of parking spaces. 12 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Vice Mayor Weiland wanted to correct a statement he made at a previous Commission meeting where he said that it was the City's responsibility to provide adequate access to the property. He said that it is the developer who is responsible to provide roads and infrastructure and not the City. Vice [vlayor Weiland asked the City Attorney if the church was approved tonight, could the applicant come back to the Commission and ask for conditional use approval for a day care or sports program. City Attorney responded that they could; but the issue before the Commission now is for a site plan for the church. However, to assist the Commission in making a decision, it was the Commission's desire to pose the following questions: City Attorney Cherof - "Does the church intend to use the property for either a day care or a preschool facility?" [vlr. Daise - "No, they do not." City Attorney Cherof - "Does the applicant understand that the church cannot operate either of those two types of operations or any other type of accessory use under the application pending before the Commission?" Nr. Daise- "Yes." Tn response to Commissioner McCray regarding whether there was any room on the site for expansion, [vlr. Rumpf replied that there was. Mayor Broening asked that it be clarified, for the record, who pays for the road and the swale. Hr. Rumpf explained that currently, there is a condition of approval that came from the Planning & Development Board that would make the City responsible. However, it is staff's recommendation that it would be the applicant's obligation, according to our code, to provide needed infrastructure. City Attorney Cherof read Planning & Development Board's Condition #24 and suggested that if the Commission were to adopt the request with that condition, they further define that condition relative to what is the northern portion and the southern portion. Mayor Broening asked the residents whether they wished to make a rebuttal. Kirk Orlovsky hoped that the Commission insists on a correct size road and requires a sidewalk and proper drainage. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Eric Peterson said that the Planning & Development Board minutes show that there was to be a day care, a preschool, and a sports program. He commented that variances would be needed to put in this road and they would grant special privileges to the applicant. He recommended that this item go back to the Planning & Development Board to address the issues and come up with solutions. Brian Fischer explained that Old Boynton Road is a Palm Beach County road and he wondered whether the County had been notified regarding the church. Alfred Daise stated that the church has a legal right to build on this property. The day care item was misquoted. The New Alliance Association out of Colorado intends to create a day care center at a larger site. All members of the church live in the City and would not be bused to the church. All concerns were addressed by staff and all issues have been resolved. The Commission agreed that the applicant has the legal right to build a church. The question is whether they can meet the road and infrastructure needs. Tt was believed that this item should not have come to the Commission without a final version of the roadway resolved at the Planning & Development Board meeting. Motion Commission Fisher moved to send this item back to the Planning & Development Board with specific instructions to focus on the issues of the road, the traffic, the easements, and the right-of-ways. Vice Mayor Weiland seconded the motion. City Manager Bressner requested that the Commission stipulate what requests they are asking the Planning & Development Board to consider. The Commission wanted the Planning & Development Board to address all issues relating to Hoadley Road - the width, the slope, the right-of-way, easements, landscaping, and drainage. The intent of the motion was for the Planning & Development Board to focus on the road and not whether or not a church should be approved. City Attorney Cherof suggested that if the Commission wished to approve the item, they disregard condition #24 and approve with Condition #8. City Manager Bressner stated that Condition #8 does not cover the entire road, only the portion fronting the church. City Attorney Cherof felt that they could modify that condition to include all of Hoadley Road. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Vote The motion carried 5 to 0. A recess was declared at 9:00 p.m. and the meeting reconvened at 9:10 p.m. The Watershed (NWSP O2-O15), Lots 48 A, B, C and D, Quantum Park PTD - Request for site plan approval for a 282,404 square foot, 332-bed rehabilitation hospital on a 6.48-acre site in the Quantum Park PTD City Attorney swore in everyone who wished to testify in this matter. Tom Kasischke, 930 NW 13th Avenue, lives across the canal from this property and had concerns regarding a 55-foot building overlooking his house and pool. He was concerned regarding losing his privacy. He suggested placing the building on the front (north) side of the property and the parking by the canal. Bob Ensler, 26 Woods Lane, had previously expressed concerns regarding emergency medical calls to this facility and how that would affect response time. As a result, an agreement was signed by Fire Chief Bingham and [vlr. Russell (of the Watershed) regarding types of services at the facility in order to minimize the impact on City services. [vlr. Ensler requested that the Commission reconsider the use approval and add the agreement to the approval. City Attorney Cherof commented that the issue before the Commission tonight is the site plan. He thought that the agreement was a good one and he did not think there was a need to revisit the use approval process. [vlayor Broening preferred that buildings be placed on the street side for aesthetic reasons so people would not be looking at parking lots. The Commission asked whether it was possible to change the location of the buildings. Glen Hanks, Project Engineer, explained that relocating the building would represent challenges from an engineering standpoint regarding existing utility hook-ups and phasing of this project. Tn response to a question, [vlr. Hanks said that the parking lot would be built as part of phase 1. Peter Sachs, representing applicant, explained that there would be a 40-foot wide landscape buffer on the southern portion of the property. Also, if an individual is ultra sensitive to the building, there are remedies that are available to the resident to shield his property. Tn response to concerns of the Commission, Nr. Hanks stated that there would be a series of large palms in the buffer. The applicant agreed to plant trees that would provide shade and that would address the concerns of the residents. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Motion Commissioner Ferguson moved to approve. that carried unanimously. VIII. CITY MANAGER'S REPORT: Commissioner Fisher seconded the motion City Attorney Cherof reported that the Supervisor of Elections office anticipated certifying election results on Thursday or Friday. The Charter requires that a Commission meeting be held within three days following the close of the election. That would mean that a special meeting would need to take place no later than Wednesday if the results are certified on Friday. Tt was preferred that the meeting take place on Tuesday, November 12th, if possible. IX. FUTURE AGENDA ITEMS: FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) DEVELOPMENT PLANS: None XI. NEW BUSINESS: A. Formalizing public notification procedures Hayor Broening explained that the City meets the legal requirements for notification. Tt has been suggested that we expand the notification process. The questions are whether we want to expand this process and who would pay for it. City Hanager Bressner explained that the City's efforts to notify the homeowners associations did not work in one instance where the association did not notify the residents. Hike Rumpf, Planning & Zoning Director, reported that the City currently complies with code. The code requires that for legally advertised items (variances, conditional uses, rezonings, annexations), all property owners within 400 feet of the subject property are notified. The City Hanager had also asked staff to notify nearby homeowner 16 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 association representatives and rely on them to notify their own property owners. This only applied to legally advertised items. The Planning & Development Board asked staff to do that same type of notification to all property owners within 400 feet, as well as homeowner associations representing those property owners, for new site plans, specifically commercial and industrial ones. When asked whether the City meets the intent and spirit of the law, City Attorney Cherof answered affirmatively. When asked whether we do it any differently than any other community that he was aware of, he said no. Motion Vice [vlayor Weiland moved to leave the process the way the City is conducting it now. Commissioner Ferguson seconded the motion. The motion was amended to direct staff to notify the homeowners associations for new site plans. The motion carried 5 to 0. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEARTNG None B. Ordinances - 1st Reading Proposed Ordinance No. 02-054 Re: Amending the Comprehensive Plan Future Land Use Hap from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (The Harbors) City Attorney Cherof read proposed Ordinance No. 02-054 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-054. Commissioner HcCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5 to 0. 2. Proposed Ordinance No. 02-055 Re: Rezoning from Community Commercial (C-3) to Tnfill Planned Development (TPUD) (The Harbors) Unit City Attorney Cherof read proposed Ordinance No. 02-055 by title only. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Motion Commissioner McCray moved to approve proposed Ordinance No. 02-055. Commissioner Fisher seconded the motion. City Clerk Prainito called the roll and the motion carried 5 to 0. 3. Proposed Ordinance No. O2-O56 Re: Rezoning from Community Commercial (C-3) to Tnfill Planned Development (TPUD) (Merano Bay) Unit City Attorney Cherof read proposed Ordinance No. 02-056 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-056. Vice Mayor Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried 5to0. C. Resolutions: Proposed Resolution No. RO2-191 Re: Consent and support for the annexation of property by the Town of Lantana and waiving annexation provisions of water service agreements which affect those properties City Attorney Cherof read proposed Resolution No. R02-191 by title only. Commissioner Fisher questioned why we would want to give up potential tax dollars. City Manager Bressner explained that this property was not contiguous now or in the foreseeable future. The only way that it would become contiguous is if the City annexed the San Castle area or the Palm Beach Gardens Cemetery and the City was recently advised that they are not interested in annexing the property. Mayor Broening requested a motion to table this item. Motion Commissioner Fisher moved to deny proposed Resolution No. R02-191. seconded by Vice Mayor Weiland. Motion was Mayor Broening wanted to keep the City's options open until he had a better understanding of what is happening with the cemetery and the potential for Sam's Club. 18 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 Vote The motion to deny carried 3 to 2 with [vlayor Broening and Commissioner Ferguson dissenting. Vice [vlayor Weiland stated that if any new information is received, he would be happy to bring this matter back for reconsideration. City [vlanager Bressner will prepare a staff report concerning San Castle and the Cemetery. Proposed Resolution No. R02-192 Re: Authorization to commence eminent domain proceedings to purchase property for the Boynton Beach Boulevard Extension, Promenade, Riverwalk and [vlangrove Park Extension While this item was included in the agenda as a resolution, there was no resolution that accompanied it. The item was approved by motion. Motion Commissioner Fisher moved to approve. that carried 5 to 0. Commissioner HcCray seconded the motion D. Other: 1. Request for a closed-door executive session to discuss litigation City Attorney Cherof requested a meeting behind closed doors to discuss Coral Tech Associates, THC., case #CL007433AH. This involves a contractor who did work on the Senior Center. Tt was the consensus of the Commission to hold this meeting on Tuesday, November 19, 2002 at 6:00 p.m. City Attorney Cherof reported that on the next agenda there would be the approval of a settlement regarding the interim service case that the Commission had discussed behind closed doors. XIII, UNFINISHED BUSINESS: None 19 Meeting Minutes Regular City Commission Boynton Beach, Florida November 6, 2002 XTV. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 9:45 p.m. CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner A-I-I-EST: City Clerk Deputy City Clerk (four tapes) 20