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Minutes 12-21-93MINUTES OF THE REGULAR CITY COI~4ISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 21, 1993 AT 6,'30 .PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Edward Harmenlng B. Invocation - Pastor Charles Carrin, Grace Fellowship C. Pledge of Allegiance to the Flag led byMayor Edward Harmentng Mayor Harmening called the meeting to order at 6:30 p.m. The invocation was offered by Pastor Charles Carrin, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof added Item X-C.3 - "Direction on Casa Loma Boulevard Dock Matter", and under III-C.3 - "Resolution Authorizing the Conveyance of a Lot in the Rolling Green Ridge Second Addition". City Manager Miller added Item II-D. - "Well #8W at the West Water Treatment Plant, and Item II-E. - "Woolbright Road Median Landscaping Professional Agreement". Commissioner Katz added Item IX-AA.1 - "Temperature in the West Wing". Mayor Harmening added Item IX-E - "Florida League of Cities Meeting". 2. Adoption Commissioner Katz moved to accept the agenda as corrected. Mayor Pro Tem Matson seconded the motion which carried 4-0. (Vice Mayor Aguita had not yet arrived.) Mayor Harmening announced that Vice Mayor Aguila would arrive at approximately 7:00 p.m. II. ADMINISTRATIVE: A. Board Appointments: - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOH BEACH, FLORIDA DECEMBER 21, 1993 APPOINTMENT TO BE REG/ MADE BOARD ALT LENGTH OF TERM EXPIRATION DATE III Aguila Mayor Harmening IV Matson II Walshak II Walshak III Aguila Elderly Advisory Board Alt Elderly Advisory Board Alt Recreation & Parks Board Alt Education Advisory Board Alt Education Advisory Board Alt Com. Redev. Advisory Bd. Reg Term expires 6/94 TABLED Term expires 6/94 TABLED Term expires 4/94 TABLED Term expires 6/94 TABLED Term expires 6/94 TABLED Term expires 8/96 TABLED Notion Commissioner Katz moved to remove all appointments from the table. Mayor Pro Tem Matson seconded the motion which carried 4-0. Mayor Pro Tem Matson appointed Loretta Reardon as an Alternate member of the Recreation and Parks Board, without objection. Commissioner Walshak appointed Erin Snow as an Alternate member of the Education Advisory Board, and requested his second appointment to that Board be tabled. Mayor Harmening requested his appointment to the Elderly Advisory Board be tabled. Due to the absence of Vice Mayor Aguila, his appointments were tabled. Motion Mayor Pro Tem Matson moved to table all appointments which were not made. Commissioner Katz seconded the motion which carried 4-0. (Vice Mayor Aguila had not yet arrived.) Bm Proposal from Parks & Recreation Department regarding Hester Conmmnlty Center Staff Reorganization Motion Commissioner Walshak moved to approve Item II-B. Mayor Pro Tem Matson seconded the motion which carried 4-0. Authorization to proceed with advertising bid for Contract #5, Data Acquisition System (DACS) local area network system for the water treatment Plants Commissioner Katz asked City Manager Miller if Mr. Guidry, or any other author- ized personnel concerned with this project, signed antikickback affidavits. City Manager Miller advised that antikickback affidavits are involved in all projects, but this request is only for authorization to advertise the com- petitive bid. When the bid is awarded, affidavits must be signed. At Commissioner Katz' request, Mr. Miller will provide him with copies of all affi- davits which have been signed by the Utilities Department during the last year. Motion Commissioner Walshak moved to approve Item II-C. Commissioner Katz seconded the motion which carried 4-0. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 D. Well #BW - ges~ Well Field City Manager Miller advised that a determination has been made that there was a great deal of sand in this well. This is one of four wells necessary to operate the West Water Plant. It is necessary to make it functional so that a written release can be obtained from the Health Department to operate the plant. Commissioner Katz moved to approve. Mayor Pro Tem Matson seconded the motion. Commissioner Katz inquired as to whether or not it is possible to go back to the original installers on this. Mayor Harmening did not think it would help. Commissioner Walshak inquired as to the number of dormant wells in the City. Bob Kenyon advised that there are six other dormant wells which are located on site, in Platina and Sun Valley. These wells are not being monitored for sand, but chemical analysis is being done. Commissioner Walshak feels all wells should be investigated. City Manager Miller advised this will be done. B111 Vogelsong, hydrogeologlst, Geraghty~ Mtller, has been with the project for eight years and was involved in the original construction of the well field. At the City's request, Geraghty & Miller measured the depth of Well #8W to find out if the well is still in tact. This well was constructed with 16" casings down to 120', and then an open hole from 121' to 151'. The open hole consists of a sand stone formation. During the construction of the well, over 122 hours of development time was involved. The well was overstressed at a higher production capacity when it was originally designed to remove the sand from the formation and increase the production. It weakened the formation. When the investigation took place, they also sounded the other wells and found that four to eight feet of fill is in the other wells because they have been dormant for five years. Geraghty & Miller would like to remove the sand from the well. When the well was constructed, Sun Valley East was not in existence, and they were allowed to discharge the water from the well in a sheet flow over the ground. Now, because there are condos in that area, it will be necessary to discharge the water 1,400' away into the E-3 canal. Mr. Vogelsong stated that the idea is to remove the sand and, at the same time, not use the existing pipe- line or allow the water to enter the treatment plant. There is no intention of putting in casing from 120' to 151' because it would reduce the production ca- pacity of the wells 50 or 60 percent below what they can currently produce. Vice Mayor Aguila arrived at 6:45 p.m. The motion carried 5-0. E. Woolbright Road Median Landscaping - professional Agreement City Manager Miller provided a proposal from Kilday & Associates to continue the work involved with landscaping the islands from 1-95 to Congress Avenue. The proposal is to coordinate the bid contract and perform the construction admin- istration in the amount of $2,700. City Manager Miller requested authorization to accept their proposal. -3- HINUTES - REGULAR CITY COI~I$SION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Commissioner Katz questioned whether or not anyone else can perform these serv- ices for less than $2,700. Mayor Harmening advised that the plan was done a long time ago, and submitted by the County. Kilday & Associates was brought in by the County. City Manager M~ller advised that the City would only be con- tinu~ng with their work. This landscaping and irrigation work is valued at ap- proximately $73,000 which is being reimbursed by the County. Vice Mayor Aguila expressed concern regarding the section dealing with fees. He pointed out that as written, if something happens and the work is not completed, Kilday and Associates will still get paid. Vice Mayor Aguila feels they are to be paid upon completion of the project. If, for some reason, the project is not completed, and they have done only 50 percent of their job, then they will be paid for only 50 percent. City Manager Miller referred to "Termination of Contract" and pointed out that if the client were to abandon the project, there is a clause where Kilday & Associates would be paid only for work performed up to and including the day they are notified in writin~ to stop work. · Vice Mayor Aguila will support this agreement only if the clause regarding six months is removed from the "Fees" section of the agreement. Notion Vice Mayor Aguila moved that we support the recommendation of $2,700 for Kilday & Associates, exclusive of the last sentence in the "Fees" section. Mayor Pro Tem Matson seconded the motion which carried 5-0. III. CONSENT AGENDA: A. Nlnutes: 1. Spectal Ctt~Cawnl$$1on Neettng Htnutes of December 6, 1993 2. Regular Clt~ Ca,mission Neetlng Minutes of December 7, 1993 Mayor Harmening corrected Page 11, Paragraph 3, to read, "Kevin Scully, 325 West Ocean Avenue...". Mayor Harmening corrected Page 25, Paragraph 2 to read, "All of the property that they had once owned, has been sold and since conveyed to individual prop- erty owners." 3. Special Clty Commts$ton Neettng Nlnutes of December 13, 1993 Be Bids - Recommend Approval - All expenditures are approved tn the 1993-94 Adopted Budget 1. Annual Contract for Beach Cleantng As outlined in the Purchasing Department's Agenda Memorandum to the City Manager's Office, the purpose of this bid is to establish a contract with a qualified contractor to clean and maintain the entire length of the City's Beach. -4- #INUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA DECE#BER 21, 1993 The Tabulation Committee recommends awarding the bid to Universal Beach Cleaning of Delray Beach, Florida, in the total amount of $8,840; $18 per hour for hand raking during turtle nesting season. The low bidder, Beachkeeper, Inc., is unable to provide Workers' Compensation as required by the City's insurance guidelines. Universal Beach Cleaning, the second lowest bidder, is considered to be the most responsive, responsible bidder meeting all required specifications outlined. Universal Beach Cleaning is currently maintaining the beach and the Parks Department has not experienced any problems with the quality of their work. 2. Renewal of Instrumentation and Control Services Bid for East and West Water Plants On January 5, 1993, Johnson Yokogawa was awarded the bid for Maintenance Service for Water/Wastewater - Utility Instrument Control System. The Utility Depart- ment would like to exercise its option to extend this bid for one additional year at the same terms and conditions as outlined in the specifications, pro- vided both parties agree. The Purchasing Department concurs with the recommendation to extend this bid for one additional year. 3. Annual Contract for ~ydr~en Peroxide for Utility Department (Piggyback Orange County Bid) The Utilities Department is requesting to piggyback/renewal of the Orange County Bid for hydrogen peroxide. This substance is used to neutralize hydrogen sulfide. This needs to be done to prevent corrosion in the various lift sta- tions of elements such as concrete, steel, electrical components, etc., and also aids in the reduction of objectionable and dangerous odors to neighbors and employees. The estimated usage annually is approximately 400,000 pounds. Hydrogen Peroxide Bid #Y3-113-CI was awarded to Peroxidation Systems, Inc., Orlando, Florida, in the amount of 35¢ per pound, making the approximate purchase for the year to be $140,000. They have agreed to extend all terms and conditions of the Orlando Bid. Commissioner Katz questioned why a vendor was not found in Broward or Palm Beach Counties. Mayor Harmening pointed out that the bid from Orange County was a lot cheaper. Further, Vice Mayor Aguila stated that Palm Beach County may not have bid. C. Resolutions: Attorney Cherof read the following Resolutions by title only: Proposed Resolution No. R93-198 Re: Authorize execution of an agreement between the City of Boynton Beach and Hunter's Run Homeowner's Association for the City to provide municipal traf- fic control services in this community 2. Proposed Resolution No. R93-199 Re: Appoint Occupational License Tax Equity Study Commission *should read, "...questioned why we did not - 5 -piggyback Broward or Palm Beach Counties". MINUTES - REGULAR CITY COI~I$$ION FLEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Proposed Resolution No. R93-200 Re: Authorizing Conveyance of Lot 34, Block 42, Rolling Green Ridge Second Addition to Ceelester Kenrick Davis pursuant to City Agreement with Palm Beach County Housing Partnership Mayor Harmening stated that in Proposed Resolution No. R93-198, the number to be plugged in should be zero (0). Mayor Harmening noted that there is a discrepancy in Resolution No. R93-199 be- tween what is in the Resolution and the bylaws. Don Jaeger, Building Official, advised that he discussed this issue with the City Attorney today and both agreed that the Resolution should be changed to nine {9) members. The numbers for Exhibit "A" of Proposed Resolution No. R93-199 should be $76,515 as the base revenue amount. The total amount would be $841,665.80 Motion Commissioner Katz moved to approve all the recommended appointments. Vice Mayor Aguila seconded the motion which carried 5-0. D. Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Mayor Harmening questioned the check to W. Galbraith in the amount of $377.80 for breakfast reimbursement. City Manager Miller advised that check was an accumulation of meals for individuals who are sent on training sessions. Commissioner Katz questioned Bill #10. He wondered why the City goes to a Lincoln Mercury dealer rather than a Ford dealer for parts since we have Ford vehicles. City Manager Miller said this is a blanket purchase order and staff has priced out the dealerships. Commissioner Katz questioned Bill #11 regarding the City's retirement contribu- tions for five Communications employees. City Manager Miller said this covers the five Communications employees who were originally under the Florida Retire- ment Pension Plan. They are being brought into the City's Pension Plan. Commissioner Katz questioned Bill #17 in relation to Bill #44. He wondered why the City does not always use the fertilizer which costs $1,275 rather than use the one which costs $1,700. City Manager Miller advised that they are two dif- ferent kinds of fertilizer. E. Payment of Bills - November, 1993 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Authorize Records Destruction - Building Department and City Clerk's Office As outlined in City Clerk Sue Kruse's Memorandum No. 93-155, Records Destruction Requests Nos. 260, 261, 262 and 263 have been approved by the State. Ge Authrolzatton to purchase D,A,R,E, supplies from the Law Enforcement Trust Fund He Authorization to purchase a software file management system for the Uttllty Department for conversion from a manual to an automated drafting system It was confirmed for Vice Mayor Aguila that this purchase will be paid for from the Utility Fund. I. Receive and Fl1, Departmental Activity Reports Motion Mayor Pro Tem Matson moved to approve the Consent Agenda as corrected. Commis- sioner Katz seconded the motion which carried 5-0. IV. ANNOUNCEHENTS & PRESENTATIONS: A. Announcements: 1. Ctty Hall utll be closed December 23 and 24, 1993 for Christmas and December 31, 1993 for New Years Mayor Harmening made the announcement that City Hall will be closed on December 23rd and 24th, and December 31st. B. Presentations: 1. Presentation by Jtm Anthony, Boynton Beach Coast Guard Auxiliary Frank Knox said that approximately nine years ago, the Auxiliary requested assistance from the City Commission to help the handicapped in Boynton Beach. They were set up behind K-mart. They have had ongoing programs ever since. Since they have never formally said thank you, he took this opportunity to express his appreciation to everyone who lends support. Jim Anthony expressed his appreciation for having a place to serve. The Coast Guard Auxiliary has worked well with the City and the Parks and Recreation Department. The City has provided a place at Boat Club Park for the Auxiliary to set up their radio room. Earlier this year, Boat Club Park was defaced. Members of the Flotilla offered to provide the labor to clean up the park if the City would supply the material. The City agreed and the buildings have been painted. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 During 1993, Art King suggested installing air conditioning at Boat Club Park on a 50/50 basis with the City. The City agreed and the job is complete. Mr. Anthony presented the Mayor with a check for $2,723,56, which is 50 percent of the air conditioning bi]], He thanked Char]es Frederick for his help. Art King appealed to the City for materials to paint the inside of Boat Club Park. The Auxiliary will provide the labor. Commissioner Walshak has looked at the inside of the building and he agrees the painting is needed along with new vertical drapes or window tinting. He urged the Commission to support his recommendation tonight. Vice Mayor Aguila feels there is a great deal of work required at Boat Club Park and he suggested Mr. Frederick prepare a report of what is needed for the next meeting. Consensus There was a consensus of the Commission to go forward with the purchase of the paint while Mr. Frederick prepares a report. 2. Holiday Parade Award Presentation Virginia Halpin presented the following awards for the Holiday Parade: The awards for the judges will be delivered to each of them. Mayor's Award - Best Commercial Float - Little Dude Ranch Little Dude Ranch Little Dude Ranch received two trophies and a check from the City for $500 for having the Best Commercial Float. Best Float Theme - Most Outstanding Float - Best Church Float - Best School or Youth Float - Best City, Town or Govern- ment-Sponsored Float - Best Marching Unit - Best Marching Band - Best Character Costume - Pets on Parade - Most Entertaining Unit - Judges' Award - Johnson's Roofing of South Florida Bar & Ferg's Academy Heaven's Gate Seacrest Christian School Boynton Beach Bulldogs JFK Middle School Marching Band Atlantic High School Sun-Sentinel Palm Beach County Volunteer Rescue Amara Shrine Temple St. Joseph's School Mayor Harmening commended Ms. Halpin and the RecreatiOn Department for their work in organizing the Parade. V. BIDS: Ae Authorization to award bid to Five Star Construction for the expan- sion of the racquetball courts at Sara Simms Park As outlined in the Purchasing Department's Agenda Memorandum, the reason for this bid is to construct two racquetball courts at Sara Simms Park. The courts -8- NINUTES - REGULAR CITY CONHI$$ION NEETZNG BOYHTON BEACH, FLORIDA DECEI4BER 21, 1993 will be constructed using Community Development Block Grant Funds and the City will be reimbursed. The Tabulation Committee recommends awarding the bid to Five Star Construction Company of Boca Raton, Florida, in the total amount of $44,226. Five Star Construction is the lowest, most responsive, responsible bidder meeting all required specifications. Parks Superintendent, John Wildner, has concurred with this recommendation based upon the research and recommendation of the Architect, Gee & Jenson. Notion Commissioner Katz moved to approve not to exceed $44,226. Mayor Pro Tem Matson seconded the motion which carried 5-0. VI. PUBLIC HEARING Ae Iml~sse Hearing reference collective bargaining agreement for FY 1993/94 between the Palm Beach County Police Benevolent Association (Police Officers) and the City of Boynton Beach Detective Andy Kalin confirmed receipt of the notice of public hearing on this issue. Attorney Cherof explained that the City Commission would now be sitting as a legislative body responsible for taking action in the public interest to resolve all disputed impasse issues. The Commission was provided with a copy of the City's impasse position. Attorney Cherof was not permitted to distribute that position earlier. Articles 4, 5, 12, 15 and 17 are City impasse positions. The balance of the contract is not in dispute. Article 4, "Dues Deduction" relates to a charge for handling the dues deduction for the Union. The City bargained for $40 per member per month, or $500 per year maximum charge to offset the administrative charge of performing this service. Article 5, "Union Business" deals with the fact that the City currently provides Union members with fifteen (15) days or 120 hours to attend Union functions. The City proposed a plan to allow the employees to have pool time which can be funded with their own time, without a cap, and to eliminate the City's fifteen- day contribution. Article 12, "Wages", addressed the merit step issue and the COLA issue and suggested a I percent step October 1, 1993, a 2 percent COLA effective October 1, 1993, and an additional one step on the anniversary date of each employee, commencing October 1, 1993. The current step plan has been frozen, but the steps are at 5 percent under the current plan. Article 15, "Uniforms" regards the City's proposal to drop the current $1,000 clothing allowance for plain clothes to $450 per year. Article 17, "Group Insurance", deals with the City's proposal to eliminate the $7.00 per month family dental coverage which is now provided. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 In response to Mayor Harmening's question, Detective Kalin said that there are some language changes required in the remaining Articles. Discussions have taken place on that language and both sides are in agreement on those changes. Detective Kalin confirmed for Mayor Pro Tem Matson that if the impasse issues are worked out tonight, the Union will be able to work out the language changes. Attorney Cherof advised that these other issues are all non-monetary issues. The contract will be reduced to writing and both parties will review it, correct it, work out the detailed language and sign it. Detective Kalin said he has been with the City for thirteen years and has repre- sented the Union for eight years. The Police Department does not have disgruntled employees. They are dedicated to serve. The Union has not been able to settle these issues although many attempts to do so have been made over the last six months. The Union wishes to work with the City. They understand the financial crisis the City has endured; however, many Union workers have lost wages, future earnings and pension contributions. The families of these workers have also been adversely affected. All of the members are aware of the goals of the City, but they cannot continue to bear the burden for past economic condi- tions and decisions. The members have made an effort to work with the City and have bargained in good faith. Their request is that the City catch up the members who have not received lon- gevity raises which were promised when they were hired. They are requesting this as of October 1, 1993. They are further requesting that other items on the table tonight be left status quo. By taking away other benefits, a feeling of emptiness would be created. They also requested that the Commission approve the 4 percent raise to be retroactive to October 1, 1993. They will continue to provide dedicated service to the City. Mayor Pro Tem Matson thanked the members of the Police Department for being ladies and gentlemen and for acting professionally and with dignity throughout the process. They have not attacked anyone personally or harrassed anyone. She feels this is conducive to good feelings among everyone. Mayor Pro Tem Matson read an article which dealt with compromise as a means of resolution of politi- cal conflict, and give and take being the heart of political compromise. She stated she hoped the issues before the Commission could be resolved in a mature fashion. She again thanked the men and women of the Police Department for being "models" throughout this process. Mayor Harmening stated there has already been a great deal of compromise throughout this process and, at this point, five issues are at impasse. 1. Article 4 - Dues Deduction Vice Mayor Aguila questioned if this figure was arrived at to cover administra- tive costs. Attorney Cherof advised that the Finance Department provided this figure when asked about the costs of administering this activity. Mayor Harmening pointed out that $40 per month per member appeared high. It was clarified that the figure is $40 per year per employee. Detective Kalin said he doesn't know of any other Unions that pay for this serv- ice. If this is instituted, it will be the first administrative cost the Union must pay since 1981. He is a member of the Fraternal Order of pOlice and they did not pay administrative costs. - 10 - MINUTES - REGULAR C]:TY COMN]:$$TON MEETING BOYNTON BEACH, FLORIDA DECE#BER 21, Z993 Vice Mayor Aguila said that when benefits were awarded to employees, they were given with blinders on and with no understanding of the implication over time. It is becoming very difficult to afford these benefits. What the City is attempting to do is cover some of its costs in ways that will hurt the least. Commissioner Walshak feels that in order to compromise, a starting position must be achieved. Compromising is a give and take on the coming year. To compromise on something which already exists is not a compromise. It is a take away. He feels these are take aways. Saying that past Commissions were not understanding or did not realize what they were doing when they awarded the benefits is non- sense. It was bargaining in good faith. Commissioner Walshak feels the compro- mise as far as the PBA is concerned would be on the COLA versus the step increase. These employees have not gotten their step increases for two and one- half years. In response to Vice Mayor Aguila's question, City Manager Miller advised that the amount of money involved in this Dues Deduction is $3,600 per year. Attorney Cherof said the negotiating position was that there would be a maximum of $500. The other side of the offer was for the Union to take over collecting their membership dues at no cost to them or to the City. Mayor Harmening was in agreement with that position. Detective Kalin feels this contract would have been resolved in July had it not been for the cost of living increase as opposed to taking away the longevity raises. The Union would have settled the contract and taken the 4 percent cost of living increase, if the longevity steps had been left alone with no money tied to it this year. That offer was not made and that is truly the reason for the impasse. Vice Mayor Aguila did not feel $3,600 was worth all of this conversation and recommended continuing to take out their dues as has been done in the past. 2. Article 5 - Union Business Vice Mayor Aguila pointed out that when the City Commission evaluates Union business or issues involving employees, the Commissioners continue to be paid for that service. It does not seem equitable to ask the Union members to pay for their own side to represent themselves. Detective Kalin explained that 120 hours is permitted for the entire Union and during the past year, only six hours were used. Discussion ensued on reducing the number of permitted hours. A voice from the audienceadvised that 120 hours are reasonable when seminars are involved. Mayor Harmening was opposed to the City agreeing to pay any money to cover Union business. Vice Mayor Aguila feels Unions are coming back because employers are getting all the advantages of having the employees, and not fulfilling their responsibilities. Each side needs time to protect itself. Motion Vice Mayor Aguila moved that we create a cap of 40 hours and after that they use their own time. THE MOTION DIED FOR LACK OF A SECOND. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Motion Commissioner Walshak moved to leave it the way it is. Con~nissioner Katz seconded the motion which carried 4-1. {Mayor Harmening cast the dissenting vote.) 3. Article 12 - Wages Motion Commissioner Katz moved that we give the bargaining unit 4 percent COLA like we have all the others. Vice Mayor Aguila seconded the motion. Attorney Cherof advised that the City has been operating under a lawsuit with the Sergeants and Lieutenants where this Union has filed a motion to intervene on that lawsuit. The argument is that while the steps remain frozen, they are accruing at 5 percent per year. The City's proposal to fund with 1 percent per year would negate that accrual by 4 percent per year. He urged the Commission not to freeze the step one more year, but fund it at least by I percent, if not more. In response to Commissioner Walshak's question, Attorney Cherof feels this case may go to court next summer and an answer may be available prior to adopting the next City budget. Commissioner Walshak asked for explanation regarding the amount of savings if his action is followed. Attorney Cherof advised that if the Union's position is correct and the step increase is accruing at § percent per year during the freeze, the Commission will be saving 4 percent for this year only by adopting a 1 percent step plan this year. The 10 percent over the last two years cannot be undone, but Attorney Cherof is attempting to mitigate the City's damages if there are any. Mayor Harmening suggested putting 2 percent in the step and 2 percent on the anniversary and not give a COLA increase. Commissioner Walshak wondered what the ramifications of this action would be in the court. Attorney Cherof did not feel the City's legal position would be altered and thinks the judge would consider it a prudent move. Commissioner Walshak thinks the judge would consider it a sneaky move. A roll call vote was polled by City Clerk Sue Kruse. The vote was 4-1. (Mayor Harmening cast the dissenting vote.) 4. Article 15 - Uniforms Commissioner Katz feels this should be reinstated to its previous amount. Vice Mayor Aguila suggested going along with the recommendation of $450 per year plain clothes allowance. Motion Commissioner Katz moved to restore it to $1,000 per year. Commissioner Walshak seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote failed 2-3. {Mayor Harmening, Vice Mayor Aguila and Mayor Pro Tem Matson cast the dissenting votes.} - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 No~lon Mayor Pro Tem Matson moved to adjust the allowanCe to $600 per year. Commissioner Walshak seconded the motion, A roll call vote was polled by City Clerk Sue Kruse. The vote was 3-2. (Mayor Harmening and Vice Mayor Aguila cast the dissenting votes,) 5. Article 17 - Group Insurance No~lon Commissioner Katz moved to restore the $7.00 per month. Commissioner Walshak seconded the motion. In response to Vice Mayor Aguila's question, City Manager Miller stated that if one half of all of the Police Union members take this insurance, the total cost would be approximately $3,300 per year. The motion carried 4-1. (Mayor Harmening cast the dissenting vote.) Mo~lon Vice Mayor Aguila moved to freeze the step increases for the balance of the fiscal year. Commissioner Walshak seconded the motion which carried 5-0. MAYOR HARMENING DECLARED A SHORT RECESS. Vice Mayor Aguila did not return after the break. Mayor Harmening pointed out that Executive Sessions regarding Union negotiations are held all year long where the Commission agrees to one thing. Then, when an impasse hearing is held, the Commission gives everything away, VII. PUBLIC AUDIENCE: None. VIII. DEVELOPMENT PLANS: Am ~ONSENT AGENDA - UNANINOUSLY APPROVED BY PLANNING & DEVELOPNENT BOARD None Be NON-CONSENT AGENDA - NOT UNANINOUSLY APPROVED BY PLANNING & DEVELOPNENT Project: Bo~nton Lakes Plaza Agent: Terry Harms Owner: Boynton Lakes Plaza Partnership Location: Boynton Lakes Boulevard at Plaza Lane; northwest corner Description: SIGN PROGRAM: Request for modification to the approved sign program - 13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2Z, 1993 Ms. Heyden made the presentation. The current sign Code was adopted prior to adoption of the conceptual site plan review process. Sign programs are dif- ficult to process because staff does not have a clear consensus of what consti- tutes visual harmony. This request has been forwarded to the City Commission as an appeal after the Planning and Zoning Department denied the site plan modifi- cation which was requested to the sign program. The original sign program was approved in 1990. The denial was based on lack of visual harmony related to the coloring, letter style and configuration proposed, Ms. Heyden displayed photos of the signs in five shopping centers in Boynton Beach. The existing sign program for Boynton Lakes Plaza allows letter styles to be used that are associated with a corporate logo; however, the color is limited to "Terra-Sand". All other tenant signage would be Fritz Quadrata letter style of the "Terra-Sand" color. Logo symbols have not been addressed in that program. With the proposed sign program, all tenants having a corporate identity would be allowed to use their logo letter style, design and colors. All other tenants would be limited to the Fritz Quadrata letter style and red signage. The Planning and Zoning Department feels the proposed sign program leaves the signage wide open with no unifying elements. When this request went before the Planning and Development Board, there was no overwhelming consensus regarding the signs, but it was recommended that the request be approved subject to staff's revised sign program and that the approval be subject to no signs being placed on the building towers. Ms. Heyden reviewed staff's recommendations. Non-anchor tenants in the main shopping center building All logo signage would be allowed which would include letter style and colors. Each tenant logo signage would be limited to 30 percent of the total allowed tenant signage and the remaining 70 percent would be the Fritz Quadrata letter style with red faces and the dark bronze returns. There would be a maximum height for the Fritz Quadrata letter style of 30" and the maximum sign length would be 80 percent of the tenant frontage. The allowable tenant sign width would be located no less than 12" up from the bottom of the sign fascia and no more than 12" down from the top of the sign fascia. Anchor tenants For anchor tenants, which staff defined as tenants with a minimum of 14,000 square feet, if there was no logo, then the letter style would be Fritz Quadrata with individual internal illuminated channel letters. The letter face would be red and the returns would be bronze. In response to Mayor Pro Tem Matson's question, Ms. Heyden advised that the color red was part of the original sign program. Most of the anchor tenants have red signs, or are willing to make their signs red. Signage would be limited to the front of the main building and could not be closer than 12" from the top and 12" from the bottom of the sign fascia. - 14 - HIHUTE$ - REGULAR CITY COHI4~$$]:ON I4EET~NG BOYNTON BEACH, FLORIDA DECEI4BER 21, 1993 Ou~parcel s Logo signage would be allowed. If there is no logo signage, the letter style is to be Fritz Quadrata, red with bronze returns. Dick ~a111e, 7656 Brldlln~ton Drlve, Bo~nton Beach, will be a tenant at this plaza. He circulated a rendering of the signage planned for R.J. Gator's. He pointed out the importance of the logo colors conforming with the franchise colors. The colors provide an identity, Rock~ Go]n~ AG Developer$~ explained that retailers rely on their national logos to bring them business. When they are not allowed to have their logos, they will not go into the shopping center. Commissioner Katz pointed out that because his work requires him to visit many strip shopping centers in Broward and Palm Beach Counties, he is aware of the fact that many national chains have been forbidden to incorporate their logo signage in towns with strict regulations. Mr. Goins advised that following the Planning and Development Board meeting, he has arrived at a compromise with his tenants. He read from his letter to Mike Haag dated December 17, 1993. (A copy of that letter is attached to the origi- nal copy of these minutes on file in the City Clerk's Office.) There are four anchor tenants with at least 10,000 square feet of space. They have agreed to delete the raceway. The 12" margin was decreased to 5" to accom- modate the "W" in the Walgreen's signage. All anchor tenants have agreed to use red letters with bronze returns. The outparcel buildings will be attaching their sign letters to the building. They are not being required to use a raceway. With regard to the in-line tenants, they have agreed to limit the sign colors to red, but requested white as an alternate if a multi-store tenant refuses to elect red as a color. Mr. Goins advised that the Planning and Development Board required 70 percent of the sign to have Fritz Quadrata lettering. He is opposed to this requirement and pointed out on the photos supplied that multi- chain tenants in other shopping centers in Boynton Beach have been allowed to use their script. Mr. Goins also pointed out that a few of the tenants will have a logo symbol. In the spirit of compromise, Mr. Goins agreed that these logos will be limited to no more than 30 percent of the signage. He said that this sign criteria is much stricter than what was originally approved for this project in 1990. He urged the Commission to approve the sign criteria as amended in his letter of December 17, 1993. Commissioner Walshak asked for clarification of staff's position on Mr. Goins' requests. Ms. Heyden stated that, in general, she does not have a problem with an additional color being introduced. She does have problems with a multitude of colors, letter styles and no unifying sign locations. - 15- HINUTE$ - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Ms. Heyden referred to the December 17, 1993 letter and said that she has no problem with #1 regarding introducing another color. Regarding #2, she is not attached to the Fritz Quadrata letter style and has no problem with another letter style or several other letter styles being added to the pool of choices. She would not have a problem with the use of a script letter style for the national chain tenants. With regard to #3, Ms. Heyden clarified that Mr. Goins has agreee to limit the symbol or pictorial to 30 percent with the remainder of the sign being red or white with the nationally-recognized letter style. While staff recognized the need of certain companies to have their logo symbols, they feel a limitation is necessary. Thirty {30} percent would be for the logo symbol and the 70 percent would be the unifying element for the center. Ms. Heyden pointed out that her problem with #3 as written means that the entire logo symbol could be spread out within 100 percent of the sign area, but the total could only be 30 percent. In an attempt to clarify the meaning of #3, Mr. Goins explained that by taking the square footage of the sign, 30 percent of the square footage of the sign would be used for the logo symbol. Mr. Goins stated that margins have been created which is space that cannot be used by any tenant. These margins create the spacing for the signs to be centered over the business. If that space is 100 square feet, they could only use 30 square feet for the logo symbol. Ms. Heyden used a photo which was available to try to clarify staff's recommenda- tion. She explained that staff proposed that 30 percent should the symbol, the color and the style and the rest of the 70 percent would be the unifying letter style. Mr. Goins explained that the Planning and Development Board wants to use Fritz Quadrata letter style. He and his tenants are strongly opposed to doing that. If they have a logo symbol, no more than 30 percent of their square footage can fit the logo. Staff is requiring that Fritz Quadrata be used. Using the R.J. Gator's rendering, Ms. Heyden explained that 30 percent of the 100 percent of allowable signage would be the symbol and the name of the establishment, ',R.J. Gator's". The remaining 70 percent would be the Fritz Quadrata letter style advertising, "Neighborhood Grill & Bar". After lengthy discussion, Commissioner Katz confirmed that agreement had been reached on the use of the colors red or white for the signage. He suggested eliminating the logo symbols and keeping only the lettering logos. The tenants could then use whatever lettering logo they possessed. Mr. Goins explained that the trademarks are important to the tenants because they bring in money. Commissioner Katz does not feel these businesses will make less money if their symbol logo is eliminated from the signage. Mr. Goins said the center lost Outback Restaurant as a tenant because agreement could not be reached with the City to allow them to use their colors on their building. That was a loss of $500,000. Goodyear was dropped from the shopping center because of Commission concerns. McDonald's is prevented from ever coming into the center because they require "golden arches" as part of their signage and yellow is not permitted in the center. Mayor Harmening said there are many shopping centers throughout Boynton Beach which have high vacancy rates; however, the Shoppes of Boynton has a high occu- pancy rate. He agrees with the concept of improving the overall appearance of the City and thinks the only people who will be affected by the national logo - 16 - MINUTES - REGULAR CITY COI~tlSSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 are transients. People living in the area know the locations of these national chains. He would, however, like to help both the owners and the tenants stay in business. Mayor Pro Tem Matson would also like to help the business people, but pointe~ out that the Commission is not selectively enforcing the Code. When Pollo Tropical appeared before the Commission, they were not permitted to use the chicken as part of their logo, and Blockbuster Video was required to have the yellow awning instead of the blue in Cross Creek Shopping Center. In response to Mr. Goins' question, it was confirmed that the Commission had no problem with the anchor tenants being any tenant with 10,000 square feet of space or more. In terms of a logo symbol, Mayor Harmening suggested limiting the size to 20 percent of the overall allowable sign. Mr. Goins was agreeable to that compro- mise. Commissioner Katz felt no colors except the red or white should be permitted. With regard to script, Mayor Harmening pointed out that although they may not blend, they do not clash. Ms. Heyden was more opposed to mixing colors than mixing letter styles. Commissioner Katz was agreeable to allowing logo let- tering but keeping the colors uniform. Ms. Heyden confirmed for Commissioner Katz that she has no problems with #1. If it has been established that the Commission does not want to adhere to the 30 percent/70 percent, then #2 is acceptable. Mayor Harmening explained that the 80 percent/20 percent agreed to earlier deals only with the emblem. Mayor Harmening advised that the Commission must make a determination on the variety of script letter styles. Mr. Goins said they had made many compromises in this process and requested they be allowed to have the same options other shopping centers have had. Commissioner Walshak feels that the fact that these tenants have nationally-registered logos should qualify them to use their logos. Ms. Heyden pointed out that if the Commission approves that, approximately $0 percent of the tenants in the main building will each have a letter style. Cor~missioner Katz had no problem with that as long as the colors are uniform. Mayor Harmening clarified that the tenants could have all of the nationally- registered scripts they want and 20 percent of the sign could be devoted to an emblem. The remainder of the tenants without nationally-registered logos must have the prescribed lettering. The symbol logo (emblem) can be in any color which is part of the nationally-registered trademark. Mr. Goins was agreeable to this compromise. Commissioner Katz would not support allowing the emblem to be any color. Commissioner Walshak confirmed that the Commission was in agreement on approving the square footage of the anchor tenants from 14,000 square feet to 10,000 square feet. Also, it was agreed that all tenants, with the exception of Walgreen's, will have signage limited to margins of 12" from the top and I2" from the bottom. The "W" in Walgreen's will be allowed 5" down from the top and 5" up from the bottom. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECE#BER 21, 1993 Motion Commissioner Katz moved that we go along with whatever the Acting Planning Director is comfortable with except #3 of Mr. Goins letter of December 17, 1993, where we eliminate any multi-colored symbol logos. Mayor Pro Tem Matson seconded the motion. Mr. Goins stated that the Commission is decreasing his ability to attract tenants and he did not feel this was fair. He did not feel the Commission was compromising. Mayor Pro Tem Matson explained to Mr. Goins that the Commission had compromised by allowing the change of letter style, allowing two colors, allowing the logo lettering and taking away the Terra-Sand. Attorney Cherof requested the motion be clarified by Commissioner Katz. Ms. Heyden clarified that she would be comfortable with the following: For in-line Tenants, anchors and any tenant with a logo or trademark, the symbols or pictures are limited to 20 percent, with symbols limited to red and white. The trademarks must be nationally registered. Lettering style can be red or white and any type of lettering is permitted. Anchors will be tenants who occupy 10,000 square feet or more. Walgreen's is permitted to have the 5" margins, but all others must have 12" margins. The colors on the symbol logos must be red or white, or red and white. Outparcels will be handled as specified in Mr. Goins letter to Mr. Haag dated December 17, 1993. Mr. Goins requested permission to use colors on the logo symbols and offered to limit the number of colors to five in order to allow flexibility in dealing with national chains. Mr. Jalile stated he was perplexed at why this issue was so difficult since these logos stand as they are throughout the county. Mr. Goins agreed with that statement and felt this discussion was unbelievable. Ms. Heyden agreed that if the symbols are to be allowed, they should be the colors that are associated with the symbol. After discussion, Mayor Harmening confirmed that there was a consensus of the Commission that as long as the symbol is only 20 percent of the sign logo, the colors wilt be limited to five. The tenants may use a copyrighted script. Commissioner Katz withdrew his motion and Mayor Pro Tem Matson withdrew her second. Motion Mayor Pro Tem Matson moved to approve what is in Mr. GoinsI letter with regard to #1, #2 and #3 with the change that 20 percent of their sign space be limited to five colors. Commissioner Katz seconded the motion. - 18 - MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA DECEHBER 21, 1993 Mr. Goins requested that all colors be permitted on the 20 percent of the sign space. Mayor Pro Tem Matson and Commissioner Katz agreed to the change. The motion carried unanimously. Ms. Heyden asked if these proceedings are an indication of how the Commission would like the sign program handled in the future, Mayor Pro Tem Matson suggested eliminating the Community Design Plan and addressing criteria everyone can live with. Project: Bo~nton Nurseries PUD Agent: Roger G. Saberson Owner: Boynton Nurseries Location: Lawrence Road at L.W.D.D. L-21 Canal; northwest corner Description: TIME EXTENSION: Request for a one-year time exten- sion to concurrency exemption and to filing a pre- liminary plat Ms. Heyden made the presentation. This project was approved in 1990 for 400 units. This is a request for a third one-year time extension to the expiration of their concurrency for traffic, drainage and neighborhood parks, PUD zoning and master plan. The current extension expires on March 5, 1994, unless the preliminary plat application has been filed by that date. The applicant wishes to extend this until March 5, 1995. The Planning and Development Board recom- mended approval of a six-month extension. Even though the time extension would exempt them from traffic, drainage and neighborhood parks, when the proposal came through, drainage and neighborhood parks met the current level of service. Ms. Heyden contacted the County to see what roadway links might be impacted if they were subject to current traffic levels and they indicated that Gateway Boulevard and Hypoluxo Road would be impacted. Ro:er Saber$on said a contract currently exists with Pulte Homes. Unfortunately, Boynton Nurseries is not a developer. Under the contract, Pulte will do a number of studies and tests prior to expending the funds to prepare and file the preliminary plat. The engineering fees for the preliminary plat could amount to $150,000 to $170,000 for the project. The problem for Boynton Nurseries is that as Pulte moves forward, if they do not wish to proceed with the project near the end of the six months, Boynton Nurseries will need the additional six months to get another developer on board. Motlon Commissioner Walshak moved to approve the request in VIII-B.2. Mayor Pro Tem Matson seconded the motion. Commissioner Katz pointed out that a six month extension would actually provide nine months because it expires on March 5, 1994. Mr. Saberson feels that amount of time would be necessary to secure the services of another developer. The motion carried 3-1. (Commissioner Katz cast the dissenting vote.) - 19- M~NUTE$ - REGULAR CITY COI~S$IOH MEETIHG BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Mayor Harmening explained that many requests for extensions are received and a day will come when these extensions must be stopped. Commissioner Walshak agreed, but felt that extending this particular project for three or four years was not a problem. C. OTHER: 1. Ouall Lake West PUD (Pl~ses II and III) I~ster Plan Modification located at SW 26th Street between Woolbrlght Ro~d and Golf Road Ms. Heyden made the presentation and explained that the modification includes the following changes: The one-story townhomes on a minimum 30' x 100' lot as opposed to the two-story condos which were part of the original master plan; 2. a decrease in the total number of units from 198 to 176; 3. change in street layout; ® change in the remaining private recreational facilities to be constructed; 5. deletion of the stormwater management tract; e a slight reduction in the setback from S.W. 26th Street from 25' to 24.28' which applies to one area. All other units will have 25'; e reduction in the setback from Woolbright Road from 40' to 25'; {the applicant has complied with this requirement with the exception of one unit}; and 8. reduction in the front setback for each unit from 18' to 15'. The proposed setbacks for the townhome lots are 15' in front for units that back up to one another, and 25' in the rear for units that back up to the lake or the PUD perimeter, a front yard of 15' and a side yard of O' for interior units and 10' for end units. These side yards maintain the 20' minimum building separa- tion which was originally approved. Since the market for this project is different from what was originally intended, the change in the number of stories came about. Because of the change in the number of stories, the units are now sprawled out and there has been a transfer of the square footage from two stories to one story. That necessitated the change in the stormwater management and street layout. Ms. Heyden referred to Comments #2, #3 and #4 of Planning and Zoning Department Memorandum No. 93-325. With regard to Comment #2, the proposed easements are not shown and Ms. Heyden feels they may possibly impact the setbacks, necessi- tating the shifting of the lots. Regarding Comment #3, it is recommended that the front yard requirement be 18'. After researching other projects, 18' is the least front setback this Commission has ever approved; however, she pointed out that there is no minimum front yard setback for PUDs. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 Comment #4 is a recommendation for the yard requirements for the units along Woolbright Road to be a minimum of 40'. The applicant showed Ms. Heyden a sketch where the 40' has been maintained on all units with the exception of one unit which will remain 25'. The Technical Review Committee recommended approval of this request and for- warded it with a recommendation that the Commission make a finding of no substantial change subject to staff's comments. In response to Commissioner Katz' question, Ms. Heyden advised that the TRC went along with the deletion of the stor~water drainage tract because the lakes in this project were designed under a master drainage system to accommodate all of the drainage of the project including the apartment part of the project. The lakes are very deep. Commissioner Katz also noted a problem Engineering and Public Works had with a cul-de-sac. Ms. Heyden advised that the developer has resolved that problem. Commissioner Katz feels the stormwater tract should be put back in the plan. Mayor Harmening explained that if the South Florida Water Management District has no problem with the drainage and it meets the criteria, it would not be required. Mayor Pro Tem Matson had no problem with its deletion. Mayor Harmening feels the owners would probably do themselves a favor if they increased the setbacks on Woolbright. He also expressed concern about the overall density of the porject. Ms. Heyden advised that this density falls under the lowest land use category allowed in the City. Motion Commissioner Katz moved to approve, but keeping the setback to 18' on #8 and the developer agreed to return to the 40' setback except for one unit. Mike Cavelli, engineer, said the total number of units was reduced. With regard to the water management tract, Mr. Cavelli referred to the plan which was displayed and showed the size of the lakes. He pointed out that the existing approval is 13.17 acres. This has 13.21 acres. Regarding the setback off Woolbright Road, it has been reconfigured and the developer can comply with the 40' setback. The one unit at the far west corner is at 25' and that is only the very back rear corner. On this particular lot, this is a side setback where all others are rear setbacks. The developer will be building a wall the entire length of Woolbright which will be landscaped and irrigated. There will be sidewalks, street lights included and the median will be landscaped. The developer was able to straighten out the situation in the cul-de-sac. With regard to the front setbacks, there is 21' to the front of the garage doors. A small portion of the unit is punched out. That is the part which would be within the 15', not the entire face of the unit. The Code specifically states that there are no setback requirements for the internal portion of the PUD. Commissioner Walshak pointed out that this request is only to determine whether the change is substantial or not substantial. He did not think it was necessary - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 to discuss all the setbacks, land configuration, etc. Ms. Heyden said the TRC feels the changes are nonsubstantial in nature. This request will go on to the Planning and Development Board for consideration. Motion Mayor Pro Tem Matson moved that this be considered nonsubstantial. Commissioner Walshak seconded the motion which carried 3-1. {Mayor Harmening cast the dissenting vote.} THE CITY COMMISSION TEMPORARILY RECESSED TO CONVENE AS THE COMMUNITY REDEVELOP- MENT AGENCY. D. CITY COMMISSION CONVENING AS COMMUNITY REDEVELOPMENT AGENCY (CRA) 1. Major Site Plan Modification - Agape Cleaners and Laundry located at 521 North Federal Highway Motion Commissioner Walshak moved to approve the CRAB's unanimous recommendation for approval. Commissioner Katz seconded the motion. Commissioner Katz stated that Mr. Hudson has been very understanding throughout the process. Mayor Harmening said that by approving this project, nonconforming uses are con- tinuing and being expanded upon with no great appreciation of the overall appearance of the area. This is a use which is a prohibited use. By continuing this type of operation, the downtown will never be significantly improved. He had hoped that many of the old places would be torn down and someone would come in and consolidate a large enough tract of ground to do something worthwhile and at a reasonable price. Mayor Harmening also noted that by adding the lattice work to the sides, the side setback nonconformity is being increased by approximately 3", which is not significant. He is opposed to requiring the installation of underground electrical service. The motion carried 4-0. THE CITY COMMISSION MEETING RESUMED. IX. NEW BUSINESS: A. Items for discussion requested by Commissioner Bob Walshak: 1. Status of Miner Road In response to a question from Commissioner Walshak, City Manager Miller advised that the City has entered into an agreement with Citrus Glen. The City has some concern over Mr. Glick and Knollwood Groves. We received a proposed agreement which he and Attorney Cherof are reviewing. The concern is that the City might have to pay $78,000 or $79,000 for the construction of Miner Road. There is a condition in the proposed agreement that if the County refuses to approve the - 22 - #INUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 $79,000, the City would pay them back the $79,000. This is in regard to the Road Traffic Impact Fee credits from Palm Beach County. They are requesting that the City guarantee those credits. The City is willing to help them by going to bat for them, but Mr. Miller does not feel the City should have to for- feit $7g,000. Commissioner Walshak is concerned about other considerations. There is a school located in this area and he is concerned with the availability of medical trans- portation. He feels this should be brought to the County Commission for a deci- sion on whether to move forward. He feels'it would be worth $79,000 to finish Miner Road since this is a health, welfare and safety issue. It was the City's mistake in the beginning not collecting enough bond money to cover the cost of the roadway. Commissioner Walshak requested this item be put on the agenda for a vote by the City Commission. He supports signing the document and moving for- ward with this project. The remaining Commissioners agreed to support finishing the construction of Miner Road. Mayor Harmening is of the opinion that the County Commission will go along with the County Engineering Department's recommendation to waive the $79,000. This item will be on the next agenda. 2. Community Improvement Program Commissioner Walshak reminded City Manager Miller that definite direction was given on what the City Commission would like to see done regarding some housing. Mr. Hawkins advised that the one particular corner house is owned by the State. The other two houses are currently occupied. One of the two is government owned and the other is privately owned and they are not available. City Manager Miller said the City is working with the County's Real Estate Department in trying to locate a house. Mr. Hawkins said there were previous discussions about trying to get the County to give the City some houses and the City is trying to find something it can get at no cost. Many of the homes have been bought by speculators. Further, many homes are in very poor condition and it would take money to bring them up to Code. That issue will be dealt with when a home is located. The County will let the City know what is available. Octavia Sherrod advised that the County office is in the process of moving and they have promised to get some information to her as soon as they are unpacked. She is in contact with them every day. They have indicated that almost everything they own is land only and the homes they do own cannot be lived in. Commissioner Walshak feels the dilapidated homes are the basis for a community improvement program. They should be targeted for demolition. Mr. Hawkins stated that as soon as the City has identified some homes, that information will be brought to the Commission for discussion. Commissioner Walshak wants this project to move forward. Ms. Sherrod stated that it was her understanding that the City Commission is interested in a satellite office north of the C-16 Canal. Most of the places which are deteriorating are on this side of the canal. Commissioner Walshak feels that the City could approach the County to target for demolition anything below the canal which is uninhabitable. - 23 - MINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA I)ECEHBER 21, 1993 3. Update on Obstacle Course In response to Commissioner Walshak's question regarding the master plan for the obstacle course, City Manager Miller stated it should be ready in January. Hopefully, there will be something for the Commission to look at either at the January 4th meeting or at the January 18th meeting. 4. Resolution to Governor Chiles reference Boynton Beach Boulevard #edlans and Landscapin~ Commissioner Walshak requested the City Commission support a strong resolution to Governor Chiles to intercede on behalf of the City to the Department of Transportation. The City has been in a process with DOT for almost three years of landscaping the medians on Boynton Beach Boulevard. DOT has now advised that the medians will be paved entirely. A comment was received from DOT that the only way to change the plan to pave the medians was through the intercession of Governor Chiles. Commissioner Walshak also requested that the resolution include a request that the Governor tell the DOT to take care of the Boynton Beach exits. They are not clean, the grass is burned out, and there is no landscaping. Attorney Cherof will draw up the appropriate resolution. AA. Temperature in the West Wing Commissioner Katz reported that while visiting the Engineering and Planning Departments, the temperature in the building was freezing. He asked if there was someone on the Facilities Management staff who could control the temperature of these buildings. City Manager Miller will check on this condition. Be Authorization to proceed with an early Retirement Incentive Study for City Employees as presented by Gabriel, Roeder, Smith and C~any, Actuary .......................................... TABLED This item will remain on the table. Proposal for Downtown/Waterfront Redevelopment Conceptual Plan to depict significance of the Boynton Beach Boulevard Alignment Bridge over the Intracoastal Waterway Mayor Harmening questioned when $5,000 was budgeted for this project. City Manager Miller stated no funds at all have been appropriated. City Manager Miller advised that he is considering doing a form of conceptual presentation by the City to the Army Corps Of Engineers in January on the bridge issue. He requested authorization to go forth on this. In response to Mayor Harmening's question, City Manager Miller stated he was hoping Mayor Harmening would go to Tallahassee to represent the City. The last time this was heard by the Army Corps of Engineers was in September when the public hearing on the budget was scheduled. The City was not able to attend. The City has been waiting to make a presentation since that time. This item could be placed before them in January. - 24 - MINUTES - REGULAR CITY COMHISSZoN MEETING BOYNTOH BEACH, FLORIDA DECEMBER 21, 1993 Commissioner Katz is opposed to the expenditure of this money in relation to location of this bridge. He feels the bridge should be rebuilt at the existing location on Ocean Avenue. Commissioner Walshak confirmed that the $5,000 would be to prepare the presenta- tion and the money would come out of TIF funds. Commissioner Walshak supported this expenditure and allowing Urban Design to do the plans. Mayor Harmening is in favor or making a presentation. Mayor Pro Tem Matson requested the Downtown Coordinator be present whenever anything appears on the agenda which relates to downtown. Motion Commissioner Walshak moved that we approve the contract to Urban Design Studios not to exceed $3,800 for the presentation in front of the Corps of Army Engineers at a public hearing to be held later in January in Tallahassee for the purpose of showing the Corps of Army Engineers the benefits of straight align- ment on the Boynton Beach Boulevard Bridge. Mayor Harmening passed the gavel and seconded the motion which failed 2-2. {Mayor Pro Tem Matson and Commission- er Katz cast the dissenting votes.) Mayor Pro Tem Matson feels the same way as Commissioner Katz about the location on Ocean Avenue and would like to see it stay where it currently stands. City Manager Miller advised that if FDOT does not get affirmative approval relative to the bridge at Boynton Beach Boulevard, they will probably abandon these plans and spend millions of dollars to reconstruct a rehabilitation at Ocean Avenue. If the new bridge is built at Boynton Beach Boulevard, there is a life expect- ancy of over fifty years. If rehabilitative reconstruction is done at the Ocean Avenue alignment, there is no guarantee that there will even be a life expect- tancy of ten years. Commissioner Walshak further pointed out that no one has said that the Corps of Army Engineers will allow the Ocean Avenue bridge to be rebuilt. Motion Mayor Pro Tem Matson moved to reconsider. Commissioner Walshak seconded the motion which carried 3-1. {Commissioner Katz cast the dissenting vote.} Motion Mayor Pro Tem Matson moved to instruct the City Manager not to spend more than $3,800 with Hank Skakowski to do the graphic work to portray the alignment of the Boynton Beach Boulevard bridge. Commissioner Walshak seconded the motion which carried 3-1. {Commissioner Katz cast the dissenting vote.) Mayor Harmening wilt attend the meeting in Tallahassee if he is required to do SO, De Consider participation in the Solid Waste Authority (SWA) and Beautiful Palm Beaches, Incorporated, The Great Florida Cleanup on April 16, 1994 Mayor Harmening feels that if the City publicizes this item and Board members can become interested, a worthwhile job can be done at no cost to the City. - 25 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 City Manager Miller will get the information on this program. E. Flortda League of Clttes Neettng This item was deleted from the agenda and will be added under "Announcements" at the next meeting. X. LEGAL: A. O~dlnances - 2nd Reading - PUBLIC HEARING: 1. Proposed Ordinance No. 093-72 Re: Establishment of a Stormwater Utility Fee Program Attorney Cherof read Proposed Ordinance No. 093-72 by title only. Motion Mayor Pro Tem Matson moved to approve. Commissioner Walshak seconded the motion. City Clerk Sue Kruse polled the vote which carried 4-0. B. Ordinances - 1st Reading: None C. Other: 1. Tradewl~sl$60,O00 Park Dedication Fee Attorney Cherof advised that the City is requiring them to pay $60,000 in lieu of land dedication for parks. He requested authorization to pursue collection of the money. Motion Commissioner Katz moved to authorize the City Attorney to pursue collection of the $60,000. Mayor Pro Tem Matson seconded the motion. Attorney Cherof advised that the second part of this item deals with a letter which was received from Michael Morton which expands on a list which was pre- viously filed with a motion to modify the previous court order. This is a shopping list of items he feels the City should concede with respect to the development of the PUD. Mr. Morton wanted to make that presentation on an item by item basis to the City Commission at a public meeting. City Attorney Cherof recommended against that procedure. He recommended that the Commission appoint a committee of one to continue discussions which were started in an earlier mediation to try to arrive at a resolution. Over time, what was approved by the Commission does not make sense from Mr. Morton's perspective from an economic and development point of view. He wants to modernize the development and take advantage of the current marketplace. Mayor Pro Tem Matson offered to continue being the mediator, but Mayor Harmening felt he should sit as mediator. - 26 - NIHUTE$ - REGULAR CITY COHNISSION NEETING BOYNTON BEACH, FLORIDA DECEIVER 21, 1993 Commissioner Walshak referred to a paragraph in Attorney Cherof's memorandum dated December 17, 1993, where it says that if the City fails to generate park development plans within three years of the date of this Agreement, Tradewinds shall pay to the City $60,000 in full satisfaction of any cash payment to the City required in lieu of land dedication. He interpreted this to mean that if the City does not generate the plans within three years, he pays $60,000 and gets the land back. Attorney Cherof said this is out of context without the rest of the agreement. He will provide copies of the entire agreement. In response to a question from Commissioner Walshak, Mayor Pro Tem Matson said this item is not part of Mr. Morton's wish list since this was agreed and voted upon by the Commission. Mr. Miller advised that this item is part of his wish list. During prior mediations, Mayor Pro Tem Matson stated this was not a part of it. Mayor Harmening agreed. City Manager Miller stated Mr. Morton has added this item. Attorney Cherof advised that the $60,000 arises out of an agreement entered into in 1990. The balance of the wish list comes out of the original settlement agreement in the Tradewinds lawsuit. Attorney Cherof feels they are two separate issues and he does not think Mr. Morton feels the same. He expects to put everything on the table including the $60,000. Because there was still confusion about the interpretation of the paragraph, Attorney Cherof feels the Commission needs to see the other things which were traded off for the $60,000. Commissioner Walshak did not feel he could support trying to go after Mr. Morton for $60,000 based on that paragraph. Attorney Cherof will look at the agreement again, but if it turns out that Mr. Morton gets some of the property back for the $60,000, the City still wants to pursue the $60,000. Notion Commissioner Walshak moved that Attorney Cherof proceed and that we let the Mayor sit face to face with Mr. Morton and discuss these items. Commissioner Katz reminded the Mayor that he already made a motion to proceed with the collection of the $60,000, and it was seconded by Mayor pro Tem Matson. The motion carried 4-0. Notion Commissioner Katz moved that the Mayor represent the City as a committee of one in negotiations with Mr. Morton. Commissioner Walshak seconded the motion which carried 4-0. 2. Ratification of Settlement Agreeraent - Laura Stevens City Manager Miller said agreement has been reached to settle this claim in the amount of $7,500. Notion Commissioner Walshak moved that we approve X-C.2. Mayor Pro Tem Matson seconded the motion which carried 4-0. - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21, 1993 3. Casa Loma Boulevard Boat Dock Attorney Cherof reminded the Commission that he was previously directed to pur- sue a quiet title action with respect to the dock in the area near Casa Loma Boulevard. The City has repaired this dock and exercised control and jurisdic- tion over it, but there has been a conflicting claim by George Culver. Surveys have been done and the title has been inspected and it appears that this dock is built over an area of the Intracoastal Waterway which was probably filled without permits. This means that it is probably not subject to proper renewal under State law. Attorney Cherof feels the City's quiet title action would be a waste of money. He requested authorization to see if negotiations with Mr. Culver could result in satisfying the City's need to use the property and his desire to use a por- tion of it and shift the cost of repairing and improving the dock to him. He has expressed a willingness to do that. Investigations proved that the City built the dock; however, if the City decides to spend the money on improvements, the State could decide that it should be taken down. Motion Commissioner Walshak moved to approve the City Attorney's request and get the best deal possible from George Culver. Mayor Pro Tem Matson seconded the motion which carried unanimously. XI. OLD BUSINESS: None XII. CITY MANAGER'S REPORT: None XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:45 p.m. - 28 - HINUTES - REGULAR CITY COHHISSION HEETING BOYNTOH BEACH, FLORIDA DECEHBER 21, 1993 ATTEST: Cit~Clerk ~ THE CITY OF BOYNTON BEACH Vi ce Mayor · y ~/ May ~r Pro Tem /~ ~'T ~issioner - 29 - VIII. DEVELOPMEI~ PLANS B.1 DEVELOPMENT GROUP Via Fax 407-734-8111 December 17, 1993 Mike Haag Planning & Zoning P.O. Box 310 Boynton Beach, FL 33435 Dear Mr. Haag: I appreciate the opportunity to meet with-you and Ms. Heyden the following day after the "Planning and Development Board Meeting,,. As per the Boards recommendation, we met to further refine our sign criteria. We felt great pressure from the city to make the canopy signs as uniform as possible. In response, we agree to the following: Anchor Tenant Anchor Tenant, as we agreed during the meeting, is defined "as all tenants in line that meet or exceed 10,000 s.f.". We agree to your recommendation as listed with your memorandum dated December 10, 1993 to the Planning & Zoning Board which allows anchors to use their established logo type and face color. An anchor does not have to use a raceway, and may have a (5) five inch margin on the top and bottom vice (12) inches. Outparcel Building We agree with your recommendations listed on the same Planning & Zoning memo allowing users to use their logo and face color if they have an established sign. Note: An outparcel building does not necessarily need to use a raceway. In-Line Tenant As per our discussions both the developer and city staff agreed to the following revisions to your original recommendation. All in-line tenants will use Red #2793 (LEXAN) face color. A tenant with multiple stores who uses an established signage, and red ms not in the tenant's signage, may use white as an acceptable alternate. A.G. DEVELOPMENT GROUP 4014 Gunn Highway Suite 260 Tampa, Florida 33624 (813) 968-6999 2. Tenants with a registered logo lettering may Use that type of lettering; however, all other tenants must use Fritz Quadrata. 3. Tenants may use no more than 30% of their sign space for a logo symbol which can be raceway, any color, mounted on a r ls~ o the Board of Commissioner, · little flexibility to c~gml~ete ~r_i~i~, that should your assistance in this =- ~ ~xlstlng centers, we matter. _. ~reclate RG/dlr '1. 10. AGENDA DECEMBER 21, III. 1993 CO~SE~T AGE~DA D A. GUTHRIE & ASSOCIATES, INC. P. O. 5853. 4" COUPLING/INCLUDES SEAL RUBBER. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-345-00 $1,130.16 ADVANCED DATA PROCESSING, INC. P. O. 5694. INS. & BILLING & COLLECTION FOR ALS CALLS. PAY FROM GENERAL FUND -- 001-221-5-468-00 $2,677.87 ALLIANCE PUMP & MOTOR REPAIR, INC. P. O. 6056. REPAIR/STOCK SUBMERSIBLE PUMP. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-433-03 $1,149.15 ASAP SOFTWARE EXPRESS P. O. 6115. WORD PERFECT/LOTUS FOR WINDOWS. PAY FROM GENERAL FUND -- 001-133-5-670-02 _ $1,440.00 B.L.C. LAWN & MAINTENANCE P. O. 6246. MAINTENANCE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $1,799.00 B. P. OIL P. O. 5765. Fuel for City Vehicles. Pay From Vehicle Services -- 501-193-5-321-00 $6,179.77 CH2M HILL Task Order 20 - General Engineering Services Through 10-24-93. Pay From Water & Sewer Utility Rev. Fund -- 421-000-0-690-21 - $3,386.58 Pay From Utility General Fund -- 403-000-0-691-10 - $709.21 Pay From 1990 Construction Fund -- 409-000-0-690-10 - $1,802.17 $5,897.96 CHEMMME P. O. 5718. Lime for Chemical Softening. Pay From Water & Sewer Rev. Fund -- 401-335-5-365-00 $4,164.00 COASTAL FUELS MARKETING, INC. P. O. 5766. Fuel for City Vehicles. Pay From Vehicle Services Fund -- 501-193-5-321-00 $4,582.80 DELRAY LINCOLN MERCURY P. O. 5689. Parts for City Fleet. Pay From Vehicle Services Fund -- 501-193-5-324-00 $2,365.14 CO MMISSION DEC ~1 1993 APPROVAL 11. 12. 13.. 14. 15. 16. 17. 18. 19. 20. 21. FLORIDA DIVISION OF RETIREMENT Retirement Contributions for 5 Comm. Employees (Feb 1988 - Oct. 1992) Pay From General Fund -- 001-197-5-148-00 - $25,188.61 Pay From Retirement Trust Fund -- 611-137-5-912-00 - $101,726.10 $126,914.71 FLORIDA LEAGUE OF CITIES PREMIUM FOR BOILER & MACHINERY POLICY 1993/94. PAY FROM SELF INSURANCE FUND -- 622-195-5-449-00 $8,214.00 FLORIDA PETROLEUM UABILITY INS. PROGRAM ADMINISTRATORS $1,196.00 ANNUAL PREMIUM FOR LIABILITY INS. FOR PETROLEUM TANKS 12/10/93 - 12/10/94. PAY FROM SELF INSURANCE FUND -- 622-195-5-449-00 GEE & JENSON, INC. OCEANFRONT PARK IMPROVEMENTS. PAY FROM REC & MUNICIPAL BEACH IMPROV. FUND -- 303-000-0-693-30 $16,724.00 GREENTREE DRY CLEANERS P. O. 6148. DRY CLEAN OFFICERS UNIFORMS. PAY FROM GENERAL FUND -- 001-211-5-436-00 $1,708.79 GOLDEN EAGLE ENGINEERING CONTRACTORS PAYMENT #2 PROFESSIONAL Svc. 10/31/93 - 11/30/93. PAY FROM FEDERAL GRANTS -- 105-513-5-630-17 $93,168.57 HARRELL'S P. O. 6107. FERTILIZER FOR GOLF COURSE. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-366-00 $1,275.63 IBM P. O. 5730. MIRRORING FOR AS400. PAY FROM GENERAL FUND -- 001-133-5-670-02 $83,575.90 JOHNSON YOKOGAWA P. O. 5657. REPAIR AND CALIBRATION OF CONTROL & COMPUTER EQUIP. PAY FROM WATER & SEWER REV. FUND -- 401-336-5-499-00 $5,458.62 JONES CHEMICALS P. O. 5654. CHLORIN~PROCESS CHEMICALS. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-363-00 $4,712.70 JOSlAS & GOREN, P.A. GENERAL MATTERS - $6,415.10; SUMMIT ASSOCIATES, INC. - $1,300.00; V. ST.JUSTE - $40.00; V. COOK CONST. - $121.40; ADV. TRADEWINDS DEV. - $70.00; ADV. rVlROTEK - $280.00; CASA LOMA QUIET TITLE ACTION - $340.00; ADV. DON JAEGER - $380.00; ADV. PALM BEACH COUNTY EMINENT DOMAIN - $100.00; ADV. NAACP (LIFTMAN) - $1,857.40; CELESTINO - $30.00. PAY FROM GENERAL FUND -- 001-141-5-468-00 2 $10,933.90 MMISSION D~C 21 1993 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. KELLY TRACTOR CO. P. O. 6174. OVERHAUL TRANSMISSION ON #8059. PAY FROM VEHICLE SERVICES FUND -- 501-193-5-324-00 $1,138.73 KIESLER POLICE SUPPLY AND AMMUNITION CO. ,INC. P. O. 5955. FOR SRT UNIT. PAY FROM GENERAL FUND -- 001-211-5-397-00 $2,883.00 KIMMINS RECYCUNG P. O. 5535. RECYCLABLE MATERIALS CENTER. PAY FROM SANITATION FUND -- 431-341-5-490-01 $3,868.48 LEACHEM IND. INC. P. O. 5538. FOR CHEMICAL TREATMENT OF WATER. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $1,890.00 MOTOROLA P. O. 5558. RADIO MAINT./SERV. CONTRACT. PAY FROM -- GENERAL FUND -- 001-197-5-431-00 - $18.040.49 $36,309.49 P. O. 4893. BACKUP RADIO SYSTEM. PAY FROM 1992/93 BUDGET. PAY FROM PUBLIC SERVICE TAX CONST. -- 301-197-5-690-05 - $18,269.00 MUNICIPAL CODE CORP. 100 COPIES OF SUPPLEMENT 55. PAY FROM GENERAL FUND -- 001-122-5-477-00 $3,142.34 THE NEWS LEGAL ADS - NOV. 1993. PAY FROM GENERAL FUND -- 001-122-5-470-13 $2,311.51 PALM BEACH COUNTY HEALTH UNIT RENEWAL APPLICATION LICENSE TO OPERATE COMMUNITY WSS. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-470-02 $2,500.00 PALM BEACH COUNTY SOLID WASTE AUTHORITY P. O. 5574. LANDFILL USED FOR TRASH DISPOSAL. PAY FROM SANITATION FUND -- 431-341-5-490-01 $68,145.93 PEROXlDATION SYSTEM INC. P. O. 5582. CORROSION CONTROL CHEMICAL. PAY FROM WATER & SEWER REV. FUND -- 401-352-5-365-00 $8,410.50 POOLE & KENT P. O. 858. CONSTRUCTION OF WWTP. PAY FROM 1990 CONSTRUCTION FUND -- 409-000-0-690-10 $43,875.77 COMMISSI r~EC ~! 1993 APPROVAL ON 33. 4. 35. 36. 37. 38. 39. 40. 41. 42. ROBERT H. MILLER & ASSOCIATES, INC. P. O. 4174. PROFESSIONAL CONSULTING SERVICE WITH DOWNTOWN MANGROVE PARK PROJECT. PAY FROM 1992/93 BUDGET. PAY FROM Couu IMPROV/CRA FUND -- 621-136-5-630-12 $1,500.00 SHANNON CHEMICAL CORPORATION P. O. 5638. POLYPHOSPHATE. PAY FROM WATER & SEWER REV. FUND -- 401-335-5-365-00 $7,500.00 SMITH SECKMAN REID, INC. P.O. 6118. HVAC SYSTEM MODIFICATIONS. PAY FROM PUBLIC SERVICE TAX CONSTR. -- 301-194-5-468-00 $11,250.00 SOUD WASTE AUTHORITY OF PALM BEACH COUNTY 1994 DISPOSAL ASSESSMENT FEE FOR GOLF COURSE. PAY FROM SANITATION FUND -- 431-341-5-490-01 $4,682.16 SOUTH CENTRAL REGIONAL WSTWTR TRTMNT & DISPOSAL BD $324,486.44 SERVICES RENDERED FOR 10/93. PAY FROM WATER & SEWER REV. FUND -- 401-353-5-490-09 - $175,725.94 PAYMENT #7 R & R PROJECTS - SINKING FUND. PAY FROM UTILITY GENERAL FUND -- 403-000-0-691-22 - $148,760.50 SOUTH FLORIDA WELDING INC. P. O. 5643. REPAIR OF DUMPSTERS. PAY FROM SANITATION FUND -- 431-341-5-430-13 $1,030.00 SOUTHEASTERN MUNICIPAL SUPPLY $6,773.00 P. O. 6059. REHAB LIFT STATION 203. PAY FROM WATER & SEWER UTILITY REV. FUND -- 421-000-0-691-21 - $1,738.00 P. O. 6005. PVC PIPES, SPIGOTS AND PLASTIC WING PLUG. PAY FROM WATER & SEWER REV. FUND -- 401-351-5-390-06 - $5,035.00 SUNBELT SEEDS, INC. P. O. 5925. OVERSEEDING GREENS. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-346-00 $3,952.OO TARE LAWN MAINTENANCE P. O. 5781. LANDSCAPE CONTRACT. PAY FROM GENERAL FUND -- 001-722-5-430-15 $3,132.00 TOWN OF OCEAN RIDGE P. O. 5915. MOWER FOR VARIOUS LOCATIONS. PAY FROM GENERAL FUND -- 001-722-5-641-00 $1,000.00 COMMiSSIO r)[C 2! 1993 APPROVAL. N 43. 44. 45. VALUE RENT - A- CAR P. O. 5673. CAR RENTALS. PAY FROM M~SC. TRUST FUND -- 691-000-1-691-20 VlGORO INDUSTRIES, INC. P. O. 6010. FERTILIZER FOR GOLF COURSE, PAY FROM 411-726-5-366-00 T. C. B. MECHANICAL PLUMBING & FIRE SPRINKLER, INC. FURNISH, INSTALL & CERTIFY TWO BACKFLOW DEVICES. PAY FROM GOLF COURSE REV. FUND -- 411-726-5-680-90 $2,190.88 $1,700.00 $5,300.00 These bills have been approved and verified by the department heads involved. Checked and approved for payment. Diane Reese, Assistant Finance Director I Therefore Recommend Payment of These Bills. / J. Scott Miller, City Manager / COMMISSION APPROVAL EjN$iON: DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 16,724.00 Gee & Jenson, Inc. PO Box 24600 West Palm Beach, FL 33416-4600 VENDOR NO~2 Oceanfront P~rk Improvements - Professional Services for the period ending 10/29/93 Requested by Approvals-. Dept. Head Finance Dept.~~~-~~ C: Manager Date 12/08/93 FUND DEPT BAS IC ELE OBJ AMOUNT 303 000 0 693 30 ! 6,724 00 TOTAL CO MMiSSION OEC ~! ~ APPROVAL GEE & JENSON Engineers-Architects- Planners, Inc. PLEASE REMIT TO P.O. Box 24600 West Palm Beach. FL 33416-4600 NOVEMBER 15, 1993 INVOICE NO. 24857 '~.PROJECT NO. 93-306.00 CITY OF BOYNTON BEACH 120 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FL 33425 ATTN: MR. CHARLES FREDRICK FOR: OCEANFRONT PARK IMPROVEMENTS ~ ../PUF_,LIC WORKS PROFESSIONAL SERVICES FOR THE PERIOD ENDING OCTOBER 29, 1993 TOTAL FEE PHASE PRELIMINARY DESIGN CONSTRUCTION % OF FEE 28,800.00 FEE 4,400.00 100 17,700.00 100 6,700.00 TOTAL EARNED PREVIOUS FEE BILLING CURRENT FEE BILLING % COMPLETE FEE EARNED 4,400.00 17,700.00 22,100.00 5,376.00 16,724.00 TOTAL THIS INVOICE $ 16,724.00 OUTSTANDING INVOICE NO. 24064 DATE 10/26/93 COMMISSION 0EC S! 1.993 APPROVAL TOTAL NOW DUE $ 5,376.00 22,100.00 WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED. CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of BOYNTON LAKES PLAZA This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, December 21, 1993, requesting an appeal of the administrative determination made by the Planning and Zoning Department to deny the requested modifications to the 1990, sign program approved for the shopping center. The City Commission of the City of Boynton Beach, upon the recommendation of city administrative staff finds the following: 1. The modifications are compatible with their surroundings. 2. They will be designed, constructed, installed and maintained in such a manner that they do not endanger public safety nor contribute to vehicular visual distraCtion. 2. This matter has been approved with regard to paragraphs 1, 2 and 3 in a letter by Mr. Goins', attached hereto and made a part hereof, with the understanding that all colors be permitted on Nationally registered logos to be not more than 20 percent of the sign space (also see copy of December 21, 1993 minutes attached hereto). ACCORDINGLY, IT IS ORDERED that the applicant's request. is granted subject to the above comments. ATTEST: City Clerk ~~) ~TY . 0~/B~. NTON BEA~2H M~y°r~ /~ DEVELOPMENT GROUP Via FaX 407-734-8111 December 17, 1993 Mike Haag Planning & Zoning P.O. Box 310 Boynton Beach, FL 33435 Dear Mr. Haag: I appreciate the opportunity to meet with you and Ms. Heyden the following day after the "Planning and Development Board Meeting". AS per the Boards recommendation, we met to further refine our sign criteria. We felt great pressure from the city to make the canopy signs as uniform as possible. In response, we agree to the following: Anchor Tenant Anchor Tenant, as we agreed during the meeting, is defined "as all tenants in line that meet or exceed 10,000 s.f.". We agree to your recommendation as listed with your memorandum dated December 10, 1993 to the Planning & Zoning Board which allows anchors to use their established logo type and face color. An anchor does not have to use a raceway, and may have a (5) five inch margin on the top and bottom vice (12) inches. Outparcel Buildinq We agree with your recommendations liSted on the same Planning & Zoning memo allowing users to use their logo'and face color if they have an established sign. Note: An outparcel building does not necessarily need to use a raceway. In-Line Tenant As per our discussions both the developer and city staff agreed to the following revisions to your original recommendation. Ail in-line tenants will use Red #2793 (LEXA~) face color. A tenant with multiple stores who uses an established signage, and red is not in the tenant's signage, may use white as an A.G. DEVELOPMENT GROUP 4014 Gunn Highway Suite 260 Tampa, Florida 33624 (813) 968-6999 ® Tenants with a registered logo lettering may use that type of lettering; however, all other tenants must use Fritz Quadrata. Tenants may use no more than 30% of their sign space for a logo symbol which can be any color, mounted on a raceway. Ail of the above is subject to the Board of Commissioner's final approval. This is a rigid sign criteria, that should give us a little flexibility to compete with existing centers, we appreciate your assistance in this matter. Sincere , Vi~e President of Operations RG/dlr CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of Michael J. Covelli, agent for ENGLE HOMES This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, December 21, 1993, requesting modification to the previously approved master plan for the undeveloped phases of the Quail Lake West PUD (nka - Quail Run). The Quail Lake West PUD is located on S.W. 26th Street, Between Woolbright Road and Golf Road. The Board having heard the recommendation of City administrative staff finds the following: 1. The Board finds that the changes are nonsubstantial in nature. ACCORDINGLY, IT IS ORDERED that the applicant's request for modification to the previously approved master plan for the undeveloped phases of the Quail Lake West PUD (nka - Quail Run) is approved subject to staff comments, attached hereto and made a part hereof. ATTE ST: CitI# Clerk In Re: CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER The application of Jim Hudson, Agent and contract purchaser located at 521 North Federal Highway This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, December 21, 1993, requesting approval of a major site plan modification to allow construction of a 176 square foot addition to the existing commercial building on site. Other improvements include construction of a four space parking lot, landscaping and building modifications including a color change from white to gray; the addition of egg shell colored shutters, diagonal wood board panels, lattice, and picket fencing; the addition of exterior building-mounted lamps and multi-pane glass windows; and the addition of pale yellow awning/roof structures. The building modifications are proposed to meet the Coastal Village Design District. The Board having heard the recommendation of city administrative staff finds the following: 1. The Board finds that modifications will not be detrimental to the health, safety, and welfare of persons working or residing within the CBD and will result in additional busineSs activity that is harmonious with the general intent and purpose of the CBD. ACCORDINGLY, IT IS ORDERED that the applicant's request for approval of a major site plan modification to allow construction of a 176 square foot addition to the existing commercial building on site is unamiously approved, subject to staff comments attached hereto and made a part hereof. DATED: ATTEST: Ci~/ Clerk CTTY OF BQ~NTON~BEACH ~,layo~ / Board. Ord VIII. DEVELOPMEnt PLANS. D.1 cc: Bldg, Plan Eng, Util PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-321 TO: FROM: DATE: RE: J. Scott Miller City Manager Tambri J. Hoyden ~_./~c~ Acting Planning and zoning D~re~t6~ December 16, 1993 Agape Cleaners and Laundry - File No. 780 Major Site Plan Modification (Addition) Please p~ace the above-referenced item on the City Commission (sitting as the community Redevelopment Agency) agenda for December 21, 1993 under Development Plans, Non-Consent Agend~ (CRA). DESCRIPTION: Jim Hudson, agent and contract purchaser of the property located within the CBD at 521 North Federal Highway (southwest corner of North Federal Highway and N.E. 5th Avenue) is.requesting approval of a major site plan modification to allow construction of a 176 square addition to the existing commercial building on site. Other improvements include construction of a four space parking lot, landscaping and building modifications including a color change from white to gray; the addition of egg shell colored shutters, diagonal wood board panels, lattice, and picket fencing; the addition of exterior building-mounted lamps and multi-pane glass windows; and the addition of pale yellow awning/roof structures. The building modifications are proposed to meet the Coastal Village Design district. RECOMMENDATION:. The Community Redevelopment Advisory Board (CRAB) unanimously recommended approval of this request subject to all staff comments (Building Department Memorandum #93-237 and Planning and Zoning Department Memorandum #93-315) with the exception of comment #7, #12 and #13 of Planning and Zoning Department Memorandum #93-315. The consensus of the CRAB was that the utility lines should not have to be relocated underground, since the buildings are existing (comment #7). Also, they felt that any architectural features the applicant is proposing to beautify the building should be allowed, despite the fact that they may encroach setbacks and increase the degree of nonconformity of the commercial structure (comment #12 and #13). The CRAB's motion included a finding of fact that the recommended waivers to codes relative to underground utilities and setback encroachments and to lot size, side yards and living area, will not be detrimental to the health, safety, and welfare of persons working or rm~id~n~ wi. thin the CBD and w~]] rms"It in additional business activity that is harmonious with the general intent and purpose of the CBD. TJH/jm Att. A:AGAPE.JM PLANNING A~ID ZONING DEPARTMENT 14EMORANDUM NO. 93-316 TO: FROM: THRU: DATE: Chairman and Members CommL[nity Redevelopment Advisory Board (CRAB) Dottle Moore Zoning and Site Plan Reviewer Tambri j. Heyden °~ Acting Plallning and~Zoning Director December 9~ 1993 SUBJECT: Agape Cleaners and Laundry - Major Site Plan Modification File No. 780 STAFF REPORT Project Name: Agape Cleaners and Laundry ApPlicant: James R. Hudson Agent: N/A Location: 521 North Federal Highway Land Use Plan Designation: Local Retall Commercial Zoning Designation: Central Business Dlstrict Type of Use: Dry Cleaners {ciea]llng done on premises) and laundry Number of Units: N/A Total Building Gross Floor Area:. Existing Commercial B~ilding 1187 sq. ft. Existing Residential Buiidi]]g 707 sq. ft. Addition to Commercial Building 176 s'q. ft Total .~ 2070 sq. ft. Description of Pro]ect: James R. Hudson, contract purchaser of the property at 521 North Federal Highway, is requesting approval of a major site plan modification. There are two existing structures on the 0.16 acre property, totalling 1,894 sq~are feet. The proposed modifications include a 176 square foot addition to tile southwest side of the existing commercial building, installation of a parking lot and landscaping. The number of parking spaces to be provided is six; four within the new parking lot and two for the existing residential building, as per code. Relative to. la]~dscaping, if the attached staff comments related to landscaping are addressed, the landscape plan will be consistent with city codes and regulations. It should be nou~d however, that the proposed number of trees and the foundation hedges Shown along the n~.~rth side of ~he existing commercial building are beyond the requirements of the la~dscape code. The property is located within the Coastal Village desig]] district and since it is zoned CBD, proposed improvements are sub3ect to the CBD Guidelines. In an attempt ~o comply with the Coastal Village design district architectural standards, the applic-~nt is proposing to change the color o~ tile b~lilding and add architectural feat~res and treatments (shutters, lattice: picket fencing, exterior lamps and mu]tJ._l:.ane glass windows). However, unless the staf~ comments related to roof and %.;ail elements are addressed, the proposed i,uproveil;ents do not meet ~ile Coastal Village desigll district TO: Community Redevelopment Adv%sory Bd. -2- December 9, 197:3 architectural standards. As discussed in the attac~ed Planning and Zoning Department ~emorandum Mo. 93-315, comment 6 regarding enlargement of the nonconforming structure, the nonconformities that remain, despite the proposed improvements, include lot size, side yard setbacks and living area. All other zoning and development regulations (assuming staff comments are imposed and complied with) will be met. Side yard setbacks cannot be made conforming without removal of a portion of both the residential and the commercial building. If the living area were to be increased, there would not be enough land area to meet the drainage, landscaping and parking improvements proposed. The degree of nonconformity of the lot size will be reduced with the applicant's intention to purchase, 'improve, and unify the title of all the lots on which the residential and commercial buildings are located. Therefore, it is the Planning and Zoning Department's opinion that the applicant will have complied with the zoning and development regulations, to the maximum extent possible, and that this request is harmonious with the intent and purpose of the CBD, does not adversely a~fect the public interest and is not a detriment to the health, safety, and general welfare of residents and workers within the CBD. Review of Departmental Concerns: Attached are the comments from the reviewing departments. The Technical Review Committee recommends that the project proceed forward through the approval process, s~bject to the comments from the B%~ilding Department (Memorandum No. 93-237) and the Planning and Zoning Department (Memorandum No. 93-315). Recommendation: The Planning and Zoning Department ~ecommends that the Community Redevelopment Advisory Board recommend approval of Mr. Hudson' s request and forward same to the Community Redevelopment Agency. Staff's recommendation is subject to the attached staff comments and to the applicant submitting working drawings to the Building Department that depict the project in compliance-with the applicable City codes. A motion to approve should, include findings of fact that the waivers (nonconformities regarding lot area, living area and side yard setbacks} will not be detrimental to the health, safety, and general welfare of persons working or residing within the CBD and the wai,vers will result in additional business activity that is harmonious with the general intent and purpose of the CBD. tjh Attachments A:AgapeRep Central File TO: FROM: PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-315 Tambri J. Heyden~.~_~ Acting Planning and Zoning Director Dorot!.y Moore ~ Zoning and Site Plans Reviewer DATE: December 9, 1993 RE: Site Plan Review - 2nd review Major Site Plan Modification Project: Agape Cleaners and Laundry LOCATION: 521 North Federal Highway APPLICANT: James Hudson FILE NO.: 780 The amended plans for the above referenced project have been submitted and reviewed. The following comments are either comments that were not satisfactorily corrected on the amended plans or that were generated as a result of the review of amended plans. All comments shall be corrected. However, it is acceptable to show compliance with the outstanding comments on the plans that are required to be submitted to the Building Department for permit review. The applicant must understand that the following comments are comments generated for site plan review and that additional comments may be forthcoming as a result of the review of the working drawings and documents submitted to the Building Department for permits. All permit documents are reviewed for compliance with the requirements specified in the Boynton Beach Code of Ordinances. 1. Identify on the plans the existing and proposed use of the on- site building structures. 2. provide the dimensions and total square footage for all the buildings/structures on the site. 3. Provide elevation view drawings for the building on lots 2 and 3. 4. Indicate on the plans the vehicular access t° the carport and the "open" concrete pad to be used for parking. 5. Please identify and show on the plans the site furnishings/ pedestrian amenities (e.g. bench, trash container) referenced in the CBD landsCape code, Section 7.5-57 (1). j. 6. The existing building on lots 1 and 4 that encroaches the Federal Highway right-of-way is a nonconforming structure. Nonconforming structures may be enlarged, as proposed, subject to CRAB and CRA approval of the addition. Approval shall be reviewed against the criteria in Section 6.E.7.c. (1) - (4) and Section 6.E.7.e.(2) as follows: (1) That granting the application will not adversely affect tb~ public interest ..... (2) EXpansion will not be detrimental to the health, safety, and general welfare of persons working or residing within the Central Business District. (3) Approval will to the maximum extent possible bring the building and the site upon which it is located into compliance with city regulations and will improve the physical appearance of the structure. (4) That the expansion will be in harmony with the general intent and purpose of the central business district. To: Tambri J. Heyden December 10, 1993 (2) Ail sites will be brought into compliance with the zoning 'and development regulations of the city to the maximum extent possible. The community redevelopment agency may grant relief from provisions of requirements of the zoning and development regulations of the city provided that they make specific findings of fact that the waiver will not be detrimental to the health, safety, and general welfare of persons working or residing within the central business district and that the waiver will result in additional business activity that is harmonious with the general intent and purpose of the central business district. Since the criteria include bringing the building and site into compliance with the zoning and development regulations to the maximum extent possible, attached is an outline of the nonconformities of the structures, including which regulations are complied with based on the site plan proposed and staff comments. Pursuant to Section 6.E.3 of the Zoning Code, provide a note on the plans that all utility lines will be underground and any service equipment required above ground shall be effectively screened. Provide on the plans the dimension of the height of the fixed canopy over the main entrance door on the north side of the building. Note: The minimum required height is 9.0'. There is an inconsistency on the sectional view drawings and the colored elevation view drawings concerning the entry canopy. One plan identifies "asphalt shingles". The colored elevations show "wood shake" finished materials. Either material is acceptable within the Community Design Plan. 10. To show compliance with the Community Design Plan, Coastal Village District, roof material, extend the canopy show~ on the north elevations of the plans to include the west, south and more of the north elevations. Note: The configuration and shape of what is presently shown is acceptable but needs to cover more of the structure to constitute a roof material. 11. To show compliance with the CommUnity Design Plan wall element, add the diagonal wood board design shown on the north elevation of the plans to the south and west walls including the new addition. 12. Provide a detail sectional drawing showing the shutters on the east side of the building. Since the structure is nonconforming and building alterations cannot increase the extent to which a structure is nonconforming, the shutters will not be allowed to encroach any farther into the side setbacks. 13. Provide a detail sectional drawing showing the diagonal wood board on the east side of the building. I~ the board is encroaching into th~ setbacks it will have to be removed from the dra.;ing for the reason stated in comment 12 above. 14. Provide a note on the landscape plans that the trees and groundcover will comply with the Community Design Plan landscape requirements. -3- To: Tambri J. Heyden December 10, 1993 15. 16. 17. 18. 19. 20. 21. 22. 23. Provide and identify on the landscape plans the. required 3.0' hedge on the west side of the accessway, between the parking space and N.E. 5th Avenue. Provide curbing at this location. It is recommended that a 2.0' landscaped strip planted with a Coco Plum hedge be installed along the east side of the accessway ih front (east side) of the parking space. Curbing and a wheel stop will be required if the landscaping is installed. Re'vise the note on the landscape legend to read: "Hedges to be planted eighteen 18" on center, 24" high with an 18" spread". Add note that trees shall have a seven foot (7.0') spread with a three (3") inch caliper at six (6") inches above grade and have six (6.0') feet of clear wood. Please provide near-the pedestrian entrance%,ay on N.E. 5th Avenue a flowering tree, selected from the Community Design Plan Landscape Standards list of trees for the Coastal Village district. The CBD landscape code and CBD Guidelines refer to special entrance treatment and flowering trees. To further the intent of special entrance treatments, it is recommended that groundcover be planted on the east side of the driveway. Groundcover species shall be selected from the Coastal Village species l£st of the Community Design Plan landscape standards. Indicate on the landscape plans the limits of the pervious/impervious areas on the west side of the property. Revise lighting note on landscape plans to reflect the following: a. Site/Parking lot lighting shall provide an average of one (1) foot candle at ground level and be energy efficient, high pressure sodium. b. Pedestrian Lighting shall provide an average of three quarters (3/4) foot candles at ground level and be energy efficient, metal halide. Provide and identify on the plans the "safe corner" interscction at N. E. 5th Avenue and North Federal Highway. Cross visibility within the ~afe corne~ shall be maintained at both sides at twenty (20.0') feet with landscaping maintained at a height between three (3.0) feet and six (6.0') feet. Provide a note on the landscape planting specifications that "plant materials shall be Florida No. 1 or better as specified in the current "Grades and Standards for Nursery Plants". To: Tambri J. H~yden December 10, 1993 -4- 24. Due to a deficiency in back-up distance for the parking space along the west property line, it is recommended that the parking lot be redesigned in the following manner: a. Three (3) standard parking spaces, to be located along the south property line. b. One (1) handicapped parking space, with the access aisle on the passenger's (nOrth) side, to be located along the western-m~st property line. c. One (1) parking space designated as the carport and one space located on the existing 9' x 18' concrete slab on the northwest side of the property. DM/cmc c:agape Attachment AGAPE CLEANERS AND LAUNDRY Build~ng and site regu/ation~ No b~d~.g, :~~, 1~ or wa~r sh~l ~ er~ ~r~, e~g~ or ~ ,,.i~ in color.ce ~th the follo~ng Minimum lot fron~ge ~inimum lot dep~ 100 81'feet 100 feet * 7276 Maximum lo~ coverag~ Multiple4',--,qy 1924 4 15,000 sq,.,,~ feet 8 feet at first floor level. None, at all other floor~ 20 feet abut~L~g adjacent pro- penies a: ~ floor level. 8 feet abutting su~et or alley at firs1: floor level Hone, a~ all all other floors. None. for interior lot lines. 8 feet abut~n~ street or alley st flr~ floor leveL None. at of the lot or parcel, an 8-f'oot setback .h.il be maintained, ~'om & b.;1,,1~,%- or strucm~ high w~er line LF the bo~y of water is under the same owuerdeip as the subject 75 per cent. 85 per cen~ for 45 feet. not t. exceed 4 10.8 dwelling uAits per acre. Application of' residential density to a parcel shall not Single-Story 17.1' 25.0' *6' encroachment on west side yard/.25'encroachmex abutting Federal Highway N/A 33% 15.5' N/A *Nonconformities APPENDIX A--Z~)NING Living area minimum per multiple-family dwelling unit Canopies and awnings Movable awnings over right~f-way Permanent structural projections from buildings Utility lines, mechanical equipment 8upp. No. 22 750 square feet. Canopies or awnings for pedestrian entrance ways, with at least 9 feet clear, may project to the property line in any required yard. Movable awnings may extend not more than 8 feet over a sidewalk in an adjacent right- of-way, provided such awning or ~ _r,-rt _thereof shall maintain a clear height of 9 feet above the sidewalk. Such awnings extending over rights-of-way shall be moved ~r removed at the request of the city. Eaves, sills,~ belt course, cor- nices, pilasters, and other architectural features; gut- rets, chimneys, and mechani- cal equipment, may project not more than 3 feet into any required yard, provided that such structures are located within the property lines and conform to established cen- tral business district design guidelines. Utility lines shall be installed underground, and any service equipment required above ground shall be effectively screened. 1924.5 AGAPE CLEANERS AND LAUNDRY *707 sq. ft. _.as Der staff comment #8 N/A as per staff comment #7 *Noncom. formities PUBLIC WORKS DEPARTMENT MEMORANDUM #93-267 FROM: SUBJ: DATE: Robert Eichorst, Public Works Director Major Site Plan Modification - Agape Dry Cleaners November 29, 1993 The Public Works Department finds no problems at the site listed above and recommends that it be forwarded to the Planning and Development Board/community Redevelopment Advisory Board. ~ector RE/ct 3 ENGINEERING DEPARTMENT MEMORANDUM NO. 93-361 TO: FROM: DATE: Tambri Heyden Acting Planning & Zoning Director James D. White, P.~ City Engineer December 3, 1993 Agape Dry Cleaners Site Plan, Engineering Dept. Memo ~93-343 The applicant has responded to Engineering Department Memo #93-343 and provided information and amended drawings as requested. Y therefore recommend that processing of this application continue and lift the previous "hold" on the application. JDW/ck /0 BUILDING DEPARTMENT ~ORANDUM NO. 93-237 November 29, 1993 TO: THRU: FROM-. Tambri Heyden~ Acting Plan~ig Director Don JaegerJ ~i~l~~ial Deputy Building Official TRC COMmOn, TS - SECOND REVIEW MAJOR SITE PLAN MODIFICATION AGAPE DRY CLEANERS - 521 N. FEDERAL HWY. It is our understanding that previous Building Department comments %2, %4, #5 and %6 are being addressed by other Technical Review Committee members. The remaining two comments can be met at permit time if the floor elevation meets code. The building must meet the Design Guidelines as approved by the Planning Department. AN:bh AGAPE /! BUILDING DEPARTMENT MEMORANDUM NO. 93-210 October 19, 1993 To: Via: From: Re: Tambri Heyden, Acting' Pl~n?ing~irector Don Jaeger, Building Offlcla~ . 1st Review - Major Site Plan Modification Project - Agape Dry Cleaners Location - 521 N. Federal Hwy. The BUilding Department has referenced project AG~E.~C reviewed the plans for the above and offers the following comments: The site plan drawn by George Davis differs from the survey in that it includes a portion of Lots 2 and 3. This would require a Unity of Title and research on the balance of Lots 2 and 3 to ascertain whether use of part of these lots (75' X 34.5') creates other. violations. Submittal requirements include a copy of a recent survey (the submitted survey is nearly six years old). An existing building is shown on Mr. Davis' plan located on an adjacent lot. This structure may need to be addressed for code compliance if the entire property is treated as one parcel. If not, cross parking and access agreements must be provided. The window openings on the east side of-the cleaners must comply with Table 600. Only show windows and store fronts are exempt. If all of Lot 3 is not going to be a part of this proposed property, the landscaping, should be provided on Agape's property unless an agreement between both property owners has been made. Because the existing building is located on a zero lot line, the proposed addition would create an expansion of a nonconforming building which requires City approval under Appendix A, Section 6.E.7 (Non- conforming Structures)· · Appendix A, Section 6.E.2 (Uses Prohibited) lists dry clean.lng plants as a prohibited use. FIRE DEPARTMENT MEMOp~NDUM NO. 93-285 WDC TO: FROM: DATE: SUBJECT: Planning and Zoning Department Fire Department October 28, 1993 TRC Site Plan AGAPE We have no objections to this plan. WILL, A}! D. CAVANAUGH FPO I BOYNTON BEACH FIRE DEPARTMENT WDC:CP MEMORANDUM Utilities No. 93-494 TO: FROM: DATE: SUBJECT: Tambri j. Heyden Acting Planning and Zon r John A. Guidry, "' Director of Utilities November 29, 1993 Agape Dry Cleaners, Second Review Staff has reviewed the above-referenced plan and offers no- comment. It is our recommendation that the plan proceed through the review process. The plan will again be reviewed at the time of building permit for adherence to all City Codes and Specifications. If you have any questions regarding this subject, please contact Skip Milor at 375-6407 os Peter Mazzella at 375-6404. /bks xc: Clyde "Skip" Milor Peter Mazzella File M E M O R A N D U M POLICE #93-190 TO: FROM: DATE: REF: MS. Tambri Heyden Sgt. M. Kirrman December 3, 1993 2nd Review - Agape Dry Cleaners Ms. Heyden, J~Y comments were satisfied. and development process. The plans may proceed to the planning S . Kirrma~] /~ 3 PLANNING AND ZONING DEFT. MEMORANDUM TO: FROM: DATE: RE: Tambri Heyden, Acting Planning.& Zoning Director John Wildner, Parks Superintendent ~ Site Plan Review - New Site Plan - 1st Review Project: ~G~ b~ c L6~ ~ s The Recreation and Parks Department has reviewed the above referenced project. There are no outstanding recreation related issues on this project. RECREATION & PARK MEMORANDUM 993-486 TO: FROM: RE: DATE: Tambrt Heyden, Acting Planning & Zoning D~rector Kevtn J. Hallahan, ForeSter/Envtronmentalt*st ~~ , U, Agape Dry Cleaners - 2nd Review November 22, 1993 There are no existing tree issues for this site. scheduled on the schedule as outlined. Proceed as KH:ad /7 /$ LOCATION MAP AGAPE CLEANERS AND LAUNDRY '0 /7 II · 400. '800 FEET 1/8 MILES