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Minutes 03-20-01MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 20, 2001 AT 6:30 P.M. PRESENT G~rald Broening, Mayor Rqnald Weiland, Vice Mayor Bruce Black, Commissioner Mike Ferguson, Commissioner Chadie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Call to Order - Mayor Gerald Broening Invocation - Ms. Jeannette Taylor- Community Deliverance Church Pledge of Allegiance to the Flag led by Commissioner Bruce Black Mayor Broening called the meeting to order at 6:30 p.m. Ms. Jeannette Taylor gave the imfocation followed by the Pledge of Allegiance to the Flag led by Commissioner Bruce Black. · SWEARING IN OF NEWLY-ELECTED OFFICIALS City Clerk Sue Kruse swore in the newly-elected officials, Gerald Broening, Mayor; R¢nald Weiland, Commissioner District I; and Mike Ferguson, Commissioner District III. Ciiy Clerk Sue Kruse next administered the oath of office to Gerald Broening, Mayor; ROn Weiland, Commissioner District I; and Mike Ferguson, Commissioner District III. · PRESENTATION OF PLAQUES FOR MAYOR AND CITY COMMISSIONERS Oily Manager Kurt Bressner presented plaques of appreciation to the following officials: Mayor Gerald Broening, Commissioner Bruce Black and Commissioner Chariie Fisher. City Clerk Sue Kruse presented plaques of apprec~abon to the following officials: Commissioner Ron Weiland and Commissioner Mike Ferguson. MAyor Broening announced that City Clerk Sue Kruse would be retiring on Friday, MArch 23, 2001 and tonight would be her last City Commission meeting and she will be sclrely missed. Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 · SELECTION OF VICE MAYOR Motion Commissioner Ferguson nominated Ronald Weiland to the Office of Vice Mayor. MOtion seconded by Commissioner Fisher and unanimously carried. D. IF YOU WISH TO ADDRESS THE COMMISSION- · i FILL OUT THE APPROPRIATE REQUEST FORM · i 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 E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption MOtion Commissioner Black moved to approve the s~conded the motion that carried unanimously. agenda. Commissioner Ferguson il.i PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (Yellow Card) MS. Patti Hammer, 52 Stafford Lane, Boynton Beach stated she was recommending J.apet Prainito to the position of City Clerk. Ms. Prainito has been employed by the City since 1991 and is a certified City Clerk. Ms. Hammer stated that Ms. Prainito is an asset to the City. M~. Hammer said that she campaigned for one of the City candidates and there are many citizens on whose behalf she is speaking, not herself, and they are distressed that a ~ity Commissioner placed signs on property without a permit. This is a violation of the, election laws and they feel that this Commissioner should be censured or the COmmission should ask for his resignation. Mr, Bob Ensler, 26 Woods Lane, Boynton Beach congratulated Ron Weiland on his carnpa gn for office. Mr. Ensler requested that the Commission look at the issues of salt waler intrusion and the potential problems that could arise. Mr. Ensler stated that the city needs 13 million gallons of water each day and the west wells today can only 2 Meeting Minutes Regular City Commission B0Ynton Beach, FL March 20, 2001 produce 8.8 million gallons. Also, 9 of the 22 east wells have been closed down and feels that there may be some salt water intrusion in the east wells. Mr. Ensler requested that the City undertake an immediate study of salt water intrusion into the City's water and its effect on the eastern wells. He also requested that when projects come to the Planning & Development Board the staff reports contain a comment of the effect the project would have upon the City's water supply. Thirdly, Mr. E~sler would like a study on how the effluent water could be used to help out the communities that currently utilize effluent water. If the draught continues, he would like to see a deferral of new plantings by the City. Mi'., Mike. Fitzpatrick, 101 SW 4th Avenue, Boynton Beach congratulated Mayor B~'oemng and Vice Mayor Weiland on their re-election to office. Mr. Fitzpatrick thanked them for the r work on behalf of the City such as setting a realistic stormwater policy and creating an independent CRA. However, he felt he had to support their opponents because he was of the opinion that these candidates failed to uphold Article V., Section 3.J~.C of the Land Development Regulations of the City, which he read into the record add pertained to dedication of recreational lands. Mr. Fitzpatrick said that there has been no new recreational land added to the City for parks. H~ pointed out that the Royal Palm Clubhouse has been torn down and has not been replaced. Also, in Quantum Industrial Park, the bulldozing of the globally imperiled sand pine ecosystem has taken place. Mr. Fitzpatr ck is advocating a change in the method of!collecting impact fees and that all future impact fees be dedicated by land. Hbrb Suss, 1711 Wood Fern Drive, Boynton Beach congratulated the candidates. He pqinted out that in District III, 23% of the voters turned out and there is a cloud in this District due to the possibility of dual voter registrations. Mr. Suss suggested that the Ci!y Charter be changed to hold elections in May or November. He also advocated ho!ding a recount since there were approximately 31 undervotes. Mr. Suss further felt th6re was a conflict of interest to have the City Commission act as the canvassing board and the City should have an independent canvassing board. Mr. David Katz, 742 NW 11 Street, Boynton Beach congratulated the newly re-elected officials. Mr. Katz felt the City has shed the image of electing political powerbrokers. Th~ election resulted in staff being able to continue to do their jobs without fear of reprisal. Mr. Katz pointed out the respect that Mayor Broening has shown to everyone whlo has come before the Commission to speak. Mr. Katz gave kudos to all three candidates on their hard work and the quality of their campaign ethics. M.~. Dee Zibelli, 440 Ocean Parkway, Boynton Beach noted that the quality of the microphones was improved tonight and she had planned to speak on the City getting a new system so that everyone could be heard. 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Ill. ADMINISTRATIVE: None IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: Accept Annual Financial Report for Fiscal Year Ending September 30, 2000 - Presented by Ernst & YoUng Mt. John Vodenicker from Ernst and Young stated he was present tonight to present the ahnual financial report for the year ending September 30, 2000. He asked the Commission to refer to their packets which contained two booklets, the Comprehensive Annual Financial Report and the Overview of 2000 Financial Statements, Trends and Ahalysis. Fii'st referenced was the Comprehensive Annual Financial Report. Mr. Vodenicker referred to the Auditor's Report and read the final paragraph in their Report into the rebord. The following items were addressed: v' There were no non-compliance issues with the Federal programs. v' With regard to internal controls, there were no reportable conditions or material ;weaknesses. · / There were no non-compliance issues with the State programs. ,/! Staff was very cooperative. · / ~ Total revenues were budgeted at $34,336,000 and the City collected $36,593,000, which means the City collected $2.2 million more than budgeted. · / l With regard to expenditures, $37,548,000 was appropriated and $35,692,000 was actually expended. Therefore $1.855 million was saved. · / $910,000 was appropriated more than was anticipated in revenues. · / The City ended up with a negative $1,054,000 where expenditures exceeded revenues. This is principally due to the operating transfer and out. The City did an , additional transfer and out this year of $4.3 million. ~' The City ended the year with $10,898,000 in fund balance. v' Last year's fund balance was $11,871,000. v' IThe unreserved fund balance was reduced from 8.8% to 7.3%. Mr! Vodenicker next referred to the Overview report. · / iThe City's pension and trust funds increased by $11,255,000 due to the increase in linterest, investment earnings and contributions. 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Fixed assets increased by $13,290,000. Total fixed assets are at $166,781,000, which includes not only the fixed assets in the general revenue fund, but also the proprietary funds. The major increases were in Sanitation Department and the Water and Sewer Department. There was a reduction in bonds payable by $3,022,000, which went down primarily due to refinancing and the City making an advance payment. Next reviewed were the revenues and transfers in for all governmental funds on a per cap ta basis. These revenues over the past five years have had positive increases. Mr. V0denicker next went over the expenditures and transfers out for all governmental fuhds on a per capita basis. · Mi'', Vodenicker reviewed the financial results of the water and sewer fun. Debt coverage ~4.47 times coverage, which is very good. He noted that a service area wa,s sold to , Im Beach County for $1.1 million and there was an increase in the fund s equity pos t on in its joint venture with the Wastewater Treatment Plant. Tl~e Sanitation Fund has had significant net losses the past few years and this has reCulted in a reduction in retained earnings. The retained earnings balance is down to $656,000. Mr. Vodenicker made some recommendations on how to increase revenues arid reduce costs for this fund, because if some measures were not taken, the retained eslrnings wou d be depleted. La, st reviewed was the City's liquidity and the three funds of the City; fiduciary funds, proprietary funds and governmental funds. The City has been experiencing very strong increases n fiduciary funds. In iconclusion, Mr. Vodenicker stated the City is in strong financial condition, but needs to iwork on the Sanitation Fund. Mr. Vodenicker thanked Diane Reese, Finance Director and her staff for doing a great job in assisting with the audit. M~tion C~mmissioner Black moved to accept the Annual Financial Report for FiscaJ Year ending September 30, 2000. Motion seconded by Commissioner Ferguson and unanimously carried. Presentation of the Safety Council of Palm Beach County Award of Merit for Worker Safety to Mayor Gerald Broening - Presentation by Chuck Magazine, Risk Manager Mr. Magazine stated that recently the Safety Council of Palm Beach County held their fourth annual Safety Awards Luncheon and the City of Boynton Beach received two aWards, one being an award for merit for worker safety for the entire City. Mr. Magazine pointed out that Mayor Broening regularly attends the award ceremonies on behalf of the City and is the only Mayor who does so. Chairman Magazine presented the award 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 to Mayor Broening. The City also received a Community Service Award for the Links at Boynton Beach. The award was presented to Joe Sciortino and Dan Hager. V~ CONSENT AGENDA: A. Minutes: 2. 3. 4. Special City Commission Meeting of February 16, 2001 Agenda Preview Conference of February 16, 2001 Agenda Preview Conference of March 1, 2001 Regular City Commission Meeting of March 6, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget Award the "CONVERSION OF A 2000 DIESEL FORD EXCURSION SPORTS UTILITY VEHICLE TO AN INCIDENT COMMAND VEHICLE FOR THE FIRE DEPARTMENT", BID #035- 2210-01/CJD to Transmed Industries, Inc. of McDonough, GA in the amount of $18,790 Award "ANNUAL CONTRACT FOR HARDWARE SUPPLIES" BID #034-1412-01/CJD to various vendors as per staff's recommendation with an annual estimated expenditure of $60,000 Approve the purchase of a Tape Backup System for the Windows NT Servers from Compaq Computer Inc. through the Florida State Contract #250-040-99-1 in the amount of $13,750 from ITS Account 00%1510-513-64-15 Approve the second phase of the purchase and installation of fiber optic data and voice transmission lines from Precision Contracting Services, Inc. in the amount of $46,803.11 utilizing Florida SNAPS Agreement #7302340-1 Approve the PURCHASE OF SCANNING EQUIPMENT AND TRAINING IN USE OF THE LASERFICHE" from R&S Integrated Products for the Department of Financial Services in the amount of $11,443 utilizing Florida SNAPS Agreement #2502011-1 Approve the piggyback of the City of Lake Worth, Contract #99-480 to Select Contracting Inc. for the "PURCHASE OF TVVO PRE- ENGINEERED METAL STORAGE BUILDINGS" at a cost of $168,708 (PROPOSED RESOLUTION NO. R01-52 ) C. Resolutions: 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Proposed Resolution No. R01-53 Re: Authorizing the Mayor to sign the Amendment to Financial Assistance Agreement dated April 15, 1997 for Gateway Boulevard from Seacrest Boulevard to the FEC Railroad Proposed Resolution No. R01-54 Re: Approval to enter into an Interlocal Agreement with the Tri-County Commuter Rail Authority for uniform response to incidents involving Td-Rail trains and for the exchange of information between the Rail Authority and law enforcement agencies Proposed Resolution No. R01-55 Re: Ratifying the collective bargaining agreement with Lieutenants FOP Removed for discussion at the request of Mayor Broening. D. Ratification of Planning & Development Board Action: Outpatient Clinic - 2401 S. Seacrest Boulevard - Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.72-acre lot (TABLED ON MARCH Rowe - 647 & 649 Lake Street - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 multi-family zoning district for a duplex building, or a 15.24 foot setback Rbmoved for discussion at the request of Vice Mayor Weiland. Villa Del Sol - Northwest corner of Old Dixie Highway and US #1 (Federal Highway) - Request for new site plan approval to construct a 312 unit multi-family apartment complex on 15.607 acres Removed for discussion at the request of Vice Mayor Weiland. Approve expenditure in cooperation with Palm Beach County to install illuminated street signs at six intersections along Congress Avenue within the City limits F. Approve the petition by Gerardo Pulido for a Certificate of Public Convenience and Necessity 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Removed for clarification at the request of Vice Mayor Weiland. Approve the purchase of 17 desktop computers from Southern Computer Supplies in the amount of $20,544.50 Approve purchase of nine in-car 6mm video camera systems from Decatur Electronics, Inc. in the amount of $35,595 Motion Cpmmiss oner Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Black and unanimously carried. CONSENT AGENDA ITEMS REMOVED FOR DISCUSSION C.3. Proposed Resolution No. R01-55 Re: Ratifying the collective bargaining agreement with Lieutenants FOP LtL Chris Yannuzzi from the City's Police Department addressed the Commissioners a0d stated that he represents the FOP Lieutenants Bargaining Unit and congratulated the newly elected officials. He thanked the City Attorney and City Manager in their efforts to get the collective bargaining agreement issues clarified and having it placed od tonight's agenda for ratification. MOtion COmmissioner Fisher moved to approve Resolution No. R01-55. Motion seconded by C~mmissioner Ferguson and unanimously carried. Rowe - 647 & 649 Lake Street - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 multi-family zoning district for a duplex building, or a 15.24 foot setback ViCe Mayor Weiland noted that after reading the back up on this item, the applicant has not presented a valid hardship, which is one of the reasons for granting a variance. ViCe Mayor Weiland felt that the design of the overlooking deck could be changed so that a variance would not be required. Vice Mayor Weiland requested that the apDlicants respond, but they were not present. MOtion Vice Mayor Weiland moved to deny the variance for Rowe at 647 and 649 Lake Street to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 multi-family zoning district for a duplex building, or a 15.24 foot setback. Motion seconded by Commissioner Fisher. Mayor Broening asked Mr. Rumpf, Director of Planing and Zoning, if there were other houses in the area that were non-conforming? Mr. Rumpf stated there are several older structures that are non-conforming that have ancillary buildings placed close to the property lines. Vice Mayor Weiland said that just because most of these non- conforming structures have been there for many years does not mean that someone tqday should be allowed to place a non-conforming structure on the property. Mir. Rumpf reported that he walked the site to determine if an alternative design would be suitable. Mr. Rumpf noted from staff's report that the main structure does conform to c~de and the only thing that is non-conforming is the second floor decking. C~mmissioner Fisher inquired if the variance would impact any of the neighbors and Mr. Rumpf replied it would not. Mr. Rumpf further pointed out that the zoning would permit a higher building to be constructed. Vibe Mayor Weiland requested that if the Commission approves the variance he would like the statements included in the back-up material to be included, which state that the applicant cannot close in the deck either on the bottom floor or top floor in the future. Mayor Broening called for a vote on the motion Motion denied 1-4 (Mayor Broening, ?mmissioner Ferguson, Black and Fisher dissenting). Vi~e Mayor Weiland requested that the wording of any new motion st~.tement about not enclosing either the bottom or top floor in the future. pc~inted out that this is already included in the conditions of approval. MOtion include his Mr. Rumpf C( Bc all fa~ CO ,mmissioner Ferguson moved to approve the request for relief from the City of ynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b to )w a 9.76 foot reduction from the 25' rear yard setback required within the R-3 multi- nily zoning district for a duplex building, or a 15.24 foot setback, subject to all staff ~nments. Motion seconded by Commissioner Fisher and unanimously carried. 9.3, Villa Del Sol - Northwest corner of Old Dixie Highway and US #1 (Federal Highway) - Request for new site plan approval to construct a 312 unit multi-family apartment complex on 15.607 acres Ma~or Broening stated that public audience would be heard first. Mri Herb Suss said he would like a moratorium on the building of any more apartments in !he City. Mr. Suss felt because of the water shortage, any new apartments would 9 Meeting Minutes Regular Cty Commission Boynton Beach, FL March 20, 2001 place a strain on the City's water sources. Mr. Suss said new apartments mean added costs for police and fire protection and he was against this project. Mr. Bob Ensler said there is a need for more greenways in the City. Mr. Ensler said he had written a letter to the Commission on this matter and the Greenways Project Team has requested that a piece of the property that runs along the railroad be added to the gteenways belt, which he supports. Mr. Ensler stated that the project should be moved further away from the tracks for the comfort of the tenants. MI. Mike Fitzpatrick gave a brief histo of the sit · · t~a~spired wasa request for rezoning to h~h dens tv ~es c~enndt ~a'd~trh~= f~nS~t,~h,-~g~o~ha~t~ this connection were removed, there woul~ be no oCpportuni"t'y-~[or"~"lo'(~"f~' i~i'~e'~'v'a'~y~ b,~tween Gulfstream Boulevard and Golf Road. Mr. Fitzpatrick noted that the City could ol~tain this land through the City's Ordinance for impact fees and the five acres would not be of any cost to the City. MI. Fitzpatrick noted that the applicant is proposing to build medium density housing, bLlt in reality is cramming everything together. He questioned why the applicant didn't bL~ild the apartments with more stories. If the buildings were higher, there would be room for greenways. Mr. Fitzpatrick requested that the Commission take the land in Iie~ of any fees. Mr. Mike Friedland, 330 NE 26~h Avenue, Boynton Beach congratulated the newly el~cted officials. Mr. Friedland pointed out that the Villa Del Sol project fits in with the Ci y's Comprehensive Plan. Mr. Friedland did not think that any money has been set as de for greenways and noted that the Planning and Development Board passed the ite'n on a 3-1 vote. He pointed out that the land has been empty for a long time and would be suitable for the proposed apartments. Mr. Friedland noted that staff re~ :ommended approval of the project and the applicant agreed to all staff conditions. Mr Friedland also explained that Mr. John Wildner, the City's Parks Director, worked ou: the details for the recreation dedication fee with the applicant at the P&D hearing. Fu -ther, Mr. Friedland stated that more taxes are brought in on apartment buildings than an~ other type of tax structure. Mr. Friedland would like the Commission to approve the ite~ n. Co ~missioner Black asked the applicant if they objected to purchasing land somewhere els in the City in order to satisfy their recreation dedication requirements? Ms, Bonnie Miskel, Attorney for the petitioner, stated they are in the process of ne!lotiating with the Zill family. They have provided her with a legal description of the porlion of their property that they would be interested in selling to them. Ms. Miskel sta ed they are anxious to purchase this property, which would be 2.3 acres as required. Col nmissioner Black inquired if Mr. Zill did not wish to sell the property, is there a dollar amount based on acreage that would satisfy this requirement? Ms. Miskel stated that this!would be permissible and they are willing to comply with either requirement. Mr. 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Bressner presented a photo of the Villa Del Sol property and its relationship to the Zill property. Mr. Bressner stated that a possible joint venture between the City and the developer has been discussed for a joint acquisition for the Zill property. The property is located on the west side of the railroad tracks and consists of 4.96 acres. The applicant would have to purchase 2.34 acres for dedication purposes. Mr. Bressner noted he is cognizant of the fact that recreational activities are also needed on the east side of the railroad. He would like to discuss with the developer the possibility of having a bikeway or trail access along the western boundary of their property, which should not adversely affect their site plan and would allow the corridor td be established. Commissioner Fisher asked if there is a time limit for the negotiations to purchase the Zil~ property?. Ms. Miskel said they are running out of time particularly with regard to financing due to buyer-seller negotiations. Ms. Miskel was of the opinion that they could cgme to some kind of resolution with the City that would be acceptable to all parties. Ms. Miskel stated that the project has a 25' buffer running along the west side and as long as there would be a way to work the path into the buffer, they would have no objections to a bike path or trail. Ms. Miskel stated because of time, she would like to b~ able to proceed with a favorable recommendation and they would work with staff to prov de acceptable dedicated land or the fee in lieu of land. If neither were agreeable, thby would come back to the Commission for another option. Cgmmissioner Fisher stated he feels that there are too many apartments in the wings add he has concerns about this. He would be flexible though if the City could get the re61uested greenspace. M~. Bressner asked Mr. Wildner if the applicant has satisfied the land dedication element. Mr. Wildner replied that since the P&D meeting, he was faxed additional information that when incorporated into the overall project he would be able to recommend the ~ credit. Mr. Wildner stated he was comfortable with what he was fa~ed, but would like to see it in a larger plan. Mr. Wildner pointed out that the amenities included a swimm ng pool, clubhouse, tot lot, family barbecue area, and a laddscaped quiet area. The applicant is required to furnish five amenities. V qe Mayor Weiland stated he had concerns about the buffer area in order to protect the residents of Los Mangos. rI Richard Jones, the architect for the project, noted with regard to the north and so.~th setbacks, they have gone beyond what is required by Code and have provided between 45 to 75 foot setbacks to provide more buffer. Mr. Jones stated there is a gre~at deal of vegetation between the property lines and the parking spaces. Vice Mayor Weiland also had concerns about car lights shining into the homes of Los Mangos. Ms. Miskel stated that they intended to place a vinyl fence, but would be 11 Meeting Minutes Regular City Commission Bloynton Beach, FL March 20, 2001 amenable to a full hedge, which could run along the full expanse of the fence to deflect any lighting from the parking area. Motion C~mmissioner Black moved to approve Item D.3 with two conditions: (1) the applicant p9st a letter of credit for $250,000 based upon the appraised value of the Zill property at $§8,700 per acre that the City could use at its discretion and the applicant will allow the Clty access to the 25' buffer for a future bike trail. M~s. Miskel stated this was acceptable. Commissioner Ferguson seconded the motion. Vi~e Mayor Weiland noted that he has received several phone calls regarding al~,artments in the City, especially since there is a water shortage. Vice Mayor Weiland as~.k, ed Attorney Cherof if the City could declare a moratorium on rental apartment b~ildings. Attorney Cherof stated the Commission does have the power to impose m9ratoriums. However, that can represent a temporary tak ng of property for which the City would have to pay the property owner. Attorney Cherof stated before moving on thi~, the issue needs to be studied. C~mmissioner Fisher would like to send a messaae out to future devel . .. . . . v opers that the C~ly wdl be looking at a moratonum for s~x months and in the meantime direct staff to do a,,~omprehensive study of the impact that the current apartments have upon the City. A~orney Cherof stated this was possible. However, anyone coming in for a de~/elopment permit in the meantime, and before it is formalized, that project could m~ve forward. M~yor Broening wanted people to know that the City, although there is a draught, can pr~,vide water and is making plans to expand the west plant to provide additional water. yor Broening stated that there is no reason for any pub c concern at this point be ;ause these issues are being addressed. Commissioner Ferguson noted that this is on the agenda for the next Commission meeting. Att ~rney Cherof requested Commissioner Black amend his motion to include a time pe~ iod for the letter of credit so that the developer would have a timetable to accomplish thc real estate transaction. If it cannot be accomplished within that time period, the City wo Jld have the cash. Ms. Miskel agreed to 60 days. Co~nmissioner Black amended his motion to include that the letter of credit would incI.ude a 60-day time period. Commissioner Ferguson seconded the amended morion. Motion carried4-1 (Commissioner Fisher dissenting). Corpmissioner Fisher inquired if staff could determine what the cost would be for an out~ide consultant to work with staff to perform a true analysis on the apartment issue? 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Mr. Bressner suggested that staff first make a presentation of their analysis and the COmmission could then determine if there are any deficiencies in the report before looking to a consultant. Mr. Bressner stated he was not aware of any deficiencies in s'~aff's report. Commissioner Fisher stated he would like to have a second opinion. Mir. Bressner requested that this should be placed on the agenda to have staff make a pOesentation and if after the presentation it is felt that there is a need for an outside consultant, we could proceed in that direction. Commissioner Fisher agreed to this 'C pro edure. Mr. Bressner asked Mr. Greene, Director of Development if this could be done at the Apri 17th meeting. Commissioner Fisher would like to know when the market could be considered saturated and its long-term effects of so many apartments. Mt. Greene asked if this could be scheduled for the first meeting in May. Commissioner FiSher requested that staff fast track this so that it could be done in April. Mr. Bressner sulggested that a special workshop meeting could be held for this purpose, which could b~ targeted towards the end of April and could include the CRA. Mr. Greene stated he would follow through on this request. Aisc, Mr. Bressner suggested that the Planning and Development Board be included at the workshop meeting. V. F. Approve the petition by Gerardo Pulido for a Certificate of Public Convenience and Necessity Viqe Mayor Weiland had concerns about a limousine service operating out of their residence and asked if there was anything that would limit the number of vehicles that could be parked on the property. Mr. Greene replied that the applicant has one vehicle. Commissioner Weiland inquired if there was any language that would prohibit the nu ~ber of vehicles. Mr. Greene said he was not aware of any specific language that wculd limit the number of vehicles, but the home occupation application is limited to one vel ficle. Motion Cor~missioner Black moved to approve Item V.F, Welland and unanimously carried. Motion seconded by Vice Mayor VI. i CITY MANAGER'S REPORT: None VII. i PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA i PERMITS Photography Studios in C-1 Zoning District - 3452 West Boynton Beach Boulevard - Request to allow photography studios as permitted uses in the C-1 Zoning 13 Meeting Minutes Regular City Commission _Boynton Beach, FL March 20, 2001 Motion Commissioner Fisher moved for approval of Item VII.A. COmmissioner Ferguson and unanimously carried. Viii. FUTURE AGENDA ITEMS: Motion seconded by C. D. E. F. Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) - (April 3, 2001) Process for Artwork in City - Commissioner Fisher (April 3, 2001) Review Proposal for Dog Park Sites - Commissioner Black (April 3, 2001) Conditional Use Approval for Orbit (April 3, 2001) New Listing of Board Appointments Effective April 1, 2001 (April 3, 2001) Geographic Information System Implementation Plan Fiscal Year 2000/2001 (April 3, 2001) License Agreement for a Municipal Surface Parking Lot with the Congregational United Church of Christ (April 2001) Future Annexation Areas (April 2001) Status report on new meeting schedule for advisory boards (May 2001) Review long-term water production needs of City (April 3, 2001) Status Report on Possible Improvements to Girl Scout Park (April 17, 2001) Commission Reports on Proposed Community Investment Fund Expenditures (April 3, 2001) Application for funding from County DIP and RAP funds for a footbridge for Girl Scout Park (RAP), 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) IX. DEVELOPMENT PLANS: None NEW BUSINESS: 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 A. Report on Palm Beach County Days - Commissioner Fisher COmmssioner Fisher reported on his attendance at Palm Beach County Days in Tallahassee. Commissioner Fisher said he met with several Senators and Representatives. Expansion of the Senior Center was brought up. While meeting with Senator Debbie Sanderson, he discussed the Schoolhouse Museum. Senator Sanderson is planning to introduce legislation to create a pool of money for interactive museums, which the City could apply for through the grant process, so that future funding may be possible. C~mmissioner Fisher also commented on the good job that the City lobbyists are doing in lmaking sure that people know about Boynton Beach. Commissioner Fisher felt that th~ trip was worthwhile. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-15 Re: Amending Chapter 18, Article III, Pensions for Police Officers, Section 18.166 allowing the fund to invest up to 10% in foreign stocks at cost Attorney Cherof read Proposed Ordinance No. 01-15 by title only. MOtion COmmissioner Ferguson moved to approve Proposed Ordinance No. 01-15. Coimmissioner Black seconded the motion. City Clerk Kruse polled the vote. The vote wa~s unanimous. Proposed Ordinance No. 01-16 Re: Amending Land Development Regulations as follows: Chapter 2 Zoning, Section 6. Commercial District Regulations and Use Provisions; creating a new Section 17 entitled "Sidewalk Cafes" Attorney Cherof read proposed Ordinance No. 01-16 by title only. Motion Commissioner Black moved to approve Proposed Ordinance NO. 01-16. Commissioner Ferguson seconded the motion. City Clerk Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading - None 15 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 C. Resolutions - None D. Other- None X]I. UNFINISHED BUSINESS: Xlll. OTHER: A. Informational Items by members of the City Commission C~mmissioner Fisher on behalf of himself and his family thanked the residents, staff at~d the Commission for the compassion and understanding due to his father's passing away. Vice Mayor Weiland thanked City Clerk Sue Kruse for her dedication to the City of Bbynton Beach for over 20 years and wished her well in her retirement. Vlce Mayor Weiland thanked all his constituents and the people of Boynton Beach for threir support during his campaign. He further stated that single member districts will work. Commissioner Black thanked City Clerk Sue Kruse and her office for all their work and knowledge. He acknowledged the assistance that she has provided to everyone who has ever run for political office and that everyone owes her a debt of gratitude-she will bb missed. Xl~/'. ADJOURNMENT: TI ~ere being no further business, the meeting properly adjourned at 8:15 p.m. A' 'TEST: Rbcording Secretary (tWo tapes) Zmissioner 16 " · DEVELOPM~'T ORDER OF THE CITY COMMI~ON OF THE O, Fy OF BOYNTON BEACH, FLORib~ PROJECT NAME: PHOTOGRAPHY STUDIOS TO BE pERMITrED IN C-1 ~..~'" APPLICANT'S AGENT: Frank Donnino APPL!CANT'S ADDRESS: 7944 La Rose Court LakeWorth, FI 33467 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2001 TYPE OF RELIEF SOUGHT: Code Review- to allow photography studios in C-1 district LOCATION OF PROPERTY: 3452 W. Boynton Beach Blvd. City of Boynton Beach THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appe; ~ring 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 THIS MATTER came on to be heard before the City Commission of the City of Boynton Beac ~ Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrat ve staff ~nd the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 7. Other ~ City Clerk S:\Pla n ni[3g\S HARED\W P~PRO J ECTS'~'rSn k Donnino's Phot ographY~)evelopmen t Order.doc All further development on the property shall be made in accordance with the terms and conditions of this order. ,¢"-.',"; EXHIBIT "C" ' Conditions of Approval Project name: Photography Studios in C-1 Zoning District File number: CDRV 01-001 Reference: File # CDRV 01-00I with a February 5, 2001 Planning & Zoning Department date stamp marking. DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Coroan~nts: NONE X FIRE ' Comm4nts: NONE X POLICE Comm4nts: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X pARKS ANT) RECREATION Comments: NONE X FORESSEIUENVIRONM2ENTALIST Comments: NONE X PLANNING AND ZONING 1. No retail sales of photography or 2victure accessories a~zd ~o cztstomer film X finiz}hing/developi~zg. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Commegts: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comm{nts: To be determ/ned. S;/PLANNING\~HARED/WP\PROJECT$/FRANK DONNINO'S PHOTOGRAPHY~CONO OF APPROVAL.DOC DEVELOPMent; ORDER OF THE CITY COMMISSION OF THE ~___ ~-~' ' CITY OF BOYNTON BEACH, FLORID~ ~'¢" _/~?~¢--~¢ PROJECT NAME: Vilia Del Sol APPLICANT'S AGENT: Amy Klien/The Cornerstone Group APPLICANT'S ADDRESS: 6 Ramland Road, Orangeburg, NJ 10962 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2001 TYPE OF RELIEF SOUGHT: New Site Plan LOCATliON OF PROPERTY: Corner of Old Dixie and US 1 No. 1 (Federal Highway) DRAWING(s): SEE EXHIBIT "B" ATTACHED HERETO~ x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appean~ ig 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 THIS MATTER came on to be heard before the City Commission of the City of Boynton :lodda on the date of hearing stated above. The City Commission having considered the ight by the applicant and heard testimony from the applicant, members of city administrative the public finds as l~ollows: 1i Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2J The Applicant ~ x. HAS I __ HAS NOT i established by substantial competent evidence a basis for the relief requested. Beach, I relief so~ staff ant 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". The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other EXHIBI': EXHIBIT "C" Conditions o£ Approval Project name: Villa Del Sol File number: NWSP 00-014 Reference: 2n~review plans identified as New Site Plan. File # NWSP-00-014 with a February 13, 2001 Plannin~ and Zonin~ Department. date stamp markSn~. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS commants: 1. Rotate the dumpster in the NW & SW comers to face due east and due north X respectively for efficient access. UTILITIES Comments: NONE X FmE Comments: NONE X POLICE comments: NONE X ENGINEERING DIVISION comments: 2. S~ow a 6 foot level sidewalk at the end of the five (5) foot handicap access X a!sle with accessible ramps up to the sidewalk. Curb ramps must be located outside of access aisles per 4.7 of the Florida Accessibility Code. 3. The maximum width of all driveways, with the exception of gasoline X s~ations, is 32 feet unless otherwise approved by the Director of Development. The rrfmimum width of one-way drives is 12 feet and 20 feet for two-way drives measured at the right-of-way. [Chapter 23, Article II H BUILDING DIVISION Comments: 4. Cprrect the inconsistency w/th respect to finish floor elevation. The site X plan drawing and the site data note number 12 reflect a minimum finish fi~)or elevation of I2.0 feet and the civil plans sheet 2 of 18, 5 of 18 and 6 of l~identify different floor elevations. Note number 13 on sheet SP-1 is a~ceptable; However, using the FIRM map of the subject site, identify the Villa Del Sol NWSP 00-014 Conditions of Approval DEPARTMENTS INCLUDE REJECT t/tle of the flood zone that the buildings are located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. Also, identify the floor elevation that the design professional has established for the building with/n the footprint of the buildings that are shown on the site plan. Iot floor plan of each building maintenance garage, gate house, and the paving and drainage (civil drawings). 5. At time of permit review, the site plan shall identify the actual distance that X e~ch building/structure is set back from the adjacent property lines including d!stance between buildings/structures. Please note that overhangs, covered Walkways, canopies, awnings or other appurtenances that are attached to the building shall be considered when identifying building s~tbacks. Therefore, identify the width of the proposed overhangs, covered walkways, Canopies, ayvnings, and/or other roofed areas that extend out beyond the main walls of tile building. 6. To properly determine the impact fees that will be assessed for the 1-story X clubhouse/lease office building, the applicant shall provide the follo~ving i~formation to the Palm Beach County Impact Fee Coordinator at 100 Australian Avenue, West Palm Beach, Fl. 33406: ! Submit a notarized affidavit on the letterhead of the property owner, i company or association. The letter will list and must contain an answer I to the following questions. ia) Will the clubhouse building be restricted to the residents of the entire I project only? b) W~II the residents have to cross any major roads or thoroughfare to get to the Clubhouse/Recreation building? ~1 c) Will there be any additional delivery to the site? Id) Will there be any additional employees to maintain and provide service I to the site? Piease have the applicant provide the City with a copy of the letter that will besent to the impact fee coordinator. The applicant should request that the ccunty send the City a copy of their determination of what impact fees are reuired for the clubhouse/lease office building. ! 7. g~ time of permit review, submit an addressing plan for the project. X 8. C a the floor plan drawing of the clubhouse/lease office building, add a X la beled symbol that identifies the location of the handicap accessible el [trance door to the building. The location of the door shall match the lc cation of the accessible entrance door that is depicted on the site plan ck awing. PAR} [S AND RECREATION Com~nents: ! 9. Please clarify if you intend to provide notes on the plans to the contractor to X Villa Del Sol NWSP 00-014 Conditions of Approval 3 DEPARTMENTS INCLUDE REJECT 9. please clarify if you intend to provide notes on the plans to the contractor to X notify the Parks Division prior to any construction activity in the Dixie Highway or U.S. I rights-of-way. 10, Plegse clarify in your response if you prefer to pay the Recreation Dedication X Fed instead of land dedication. I 1. The~-e were no changes from the first submittal to the second submittal in the X recreation dedication elements. The recreation dedication elements shown on the plan do not quahfy for ½ credit towards the Recreation Dedication Rec~uirement. The Parks Division staff is available to discuss the preceding issues and discuss an acceptable agreement. FORE S~ER]ENVIRONMENTALIS T Comments: NONE X PLANN'fi',IG AND ZONING Comments: 12. The following comments relate to Chapter 4, Section 7, Site Plan subm/ssion X requirements: - i Provide a sealed current survey, not older than six months. - { On the site plan, indicate location of stop signs and traffic control i marking. 13. Recalculate the number of the reouired parking spaces to reflect new code X reqmrements. Compact parkin~ spaces are not allowed by the code. 14. Reca culate the percentage of native vegetation including all plant material. X A tot [1 of 50% of all required plant material must be native species (all plant mater{als). 15. The dimension of the entrance drive exceeds the allowed width. An X admir~istrative waiver is required from the code to ailow the dimension greate~ than 32 feet. 16. Proviz e a widih dimension for the typical parking stall detail consistent with X Cit7 E rawing B-90012. No compact spaces are ailo~ved by the code. 17. The pi oject identification ~valI sign cannot exceed sixteen (16) square feet in X area p i:r Chapter 21, Article III, Section 6. C.5. 18. Amen~ the Waivers Requested" notes on the site vlan. The only I X Villa Del Sol NWSP 00-014 Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT be, subject to obtain'rog variance approval from the Planning & Development Board. 19. In compliance with conditions of the corresponcrmg comprehensive plan text X amendment, add to the north and south buffers "additional landscaping of -varying height placed between the trees". This is intended to provide a more immediate buffer and aesthetic buffer edge for the project. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 20. lqONE X ADDITIONAL CITY COMMISSION CONDITIONS 21.I~'negotiations to acquire the adjacent property for dedication purposes X ~annot be completed with/n 60 days, a letter of credit shall be provided by the applicant to satisfy the park fee requirement. 22. ~ccess to the 25 foot western buffer shall be provided to the city for bike X Oath/pedestrian access. MWK )at DEVELOPM~!T ORDER OF THE CITY COMMI~'ON OF THE C,~'fY OF BOYNTON BEACH, FLORIb~ PROJECT NAME: David and Mary Rowe APPLICANT'S AGENT: David Rowe APPLICANT'S ADDRESS: 647 & 649 Lake Street, Boynton Beach DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2001 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: 647 & 649 Lake Street, Boynton Beach DRA WING(S): SEE EXHIBITS "D & E" A'I-rACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appEaring on the Consent Agenda on the date above. The City Commission hereby adopts the findi~ ~gs and recommendation of the Planning and Development Board, which Board found as follows: OR i THIS MATTER came on to be heard before the City Commission of the City of Boynton Beac~h, Florida on the date of hearing stated above. The City Commission having considered the reli.e.f sought by the applicant and heard testimony from the applicant, members of city administrative staff ~nd 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. The Applicant ~( HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other · O' City Clerk RO%~E DUPLEX 0 EXHIBIT "C" Conditions of Approval Project name: David Rowe's residence File number: ZNCV 01-003 Reference: Application received January 22. 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIKE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST comments: None X PLANNING AND ZONING 1. Variance is for the deck only and does not include futare screening or X {nclosing of the deck area or the area below the deck. 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