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Minutes 10-20-98MEETING F4ZNUTES REGULAR CITY COHHTSSTON BOYNTON BEACH, FLORTDA OCTOBER 20, 1998 II. ADMINISTRATIVE: A. Accept resignations of Muslima Lewis and Herb Education Advisory Board Motion Commissioner Titcomb moved to accept the resignations with regrets. seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Board Suss, Regular Members, Mayor Pro Tern Tillman Length of Term Expiration Date I Titcomb Bldg. Bd. Of Adj. & Appeals Alt i yr term to 4/99 TABLED-2 II Denahan Code Compliance Board Alt i yr term to 9/99 TABLED-2 III ]askiewicz Code Compliance Board Alt I yr term to 9/99 II Denahan Education Advisory Board Stu I yr term to 4/99 TABLED-2 TTI .]askiewicz Education Advisory Board Reg 2 yr term to 4/99 TV Tillman Education Advisory Board Reg 2 yr term to 4/00 TI Denahan Cemetery Board Alt i yr term to 4/99 TTT .laskiewicz Children & Youth Advisory Bd. Stu/Reg i yr term to 4/99 TABLED-2 TI Denahan Community Relations Board Reg 3 yr term to 4/00 TABLED-2 TV Tillman Recreation & Parks Board Reg 3 yr term to 4/99 TABLED-2 TV Tillman Advisory Board on Children & Youth Alt I yr term to 4/99 Vice Mayor Jaskiewicz announced that Mayor Pro Tem Tillman had agreed to allow her to switch his Education Advisory Board appointment with her so that she could appoint Margaret Newton as a regular member of the Education Advisory Board with an appointment that would expire in April of 2000. (Mayor Pro Tem 'l'illman will take Vice Mayor Jaskiewicz' appointment to the Education Advisory Board that expires in April of 1999. Hotion Mayor Pro Tem -~llman moved to approve the appointment and table all remaining appointments. Commissioner Titcomb seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: T.N.T. Concert on Friday, October 23, 1998 from 6:00 p.m. to 9:00 p.m. @ Oceanfront Park - "Steel Explosion" (:Island, Steel Drum and Reggae) Mayor Taylor made this announcement. MEET'rNG M'rNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA OCTOBER 20, 1998 Quarterly Board Forum - Monday, October 26, 1998 @ 7:00 p.m. to 8:00 p.m.-Library Program Room3. Due to Election Day on Tuesday, November 3rd, the first City Commission Meeting in November will be held on WEDNESDAYf NOVEMBER 4, 1998 Mayor Taylor made this announcement. Due to Election Day on Tuesday, November 3rd, the first City Commission meeting in November will be held on WEDNESDAYf NOVEMBER 4~ 1998 Mayor Taylor made this announcement. CRA Workshop Meeting on Friday, November 6, 1998 @ 3:30 p.m. in West Wing Conference Room "C" to discuss implementation strategies for 1998/99 Visions 20/20 projects Mayor Taylor made this announcement. Make a Difference Day/Paint Your Heart Out - Saturday, October 24, 1998 Mayor Taylor announced that on Saturday, October 24th, six homes in the City of Boynton Beach would be painted as part of "Paint Your Heart Out". Teams of City employees will paint two of the homes in the community for the elderly or physically challenged. 6. Ad Hoc Landscape Committee Meeting - November 16, 1998 @ 7:00 p.m. Vice Mayor .laskiewicz announced that the next meeting of the Ad Hoc Landscape Committee would be held on November 16, 1998 at 7:00 p.m. in West Wing Conference Room "C". The last meeting was very productive and all of the participants are very enthusiastic. An attempt is being made to encourage the voluntary participation of commercial and multi-family property owners in the community. Four properties have been targeted for beautification. Two of the properties are on Federal Highway and two properties are on Boynton Beach Boulevard. These properties will serve as models for the community. The Committee is hopeful that this voluntary participation will continue to spread. Vice Mayor .laskiewicz thanked Messrs. Kastarlak, Ackermann, Wildner, Hallahan, Blasie, Roberts and Rumpf for their help and support. B. Presentations: 1. Proclamations: a. "Make a Difference Day"- October 24, 1998 MEETTNG MI'NUTES REGULAR CZTY COMM'rss'roN BOYNTON BEACH~ FLORZDA OCTOBER 20~ 1998 Mayor Taylor read a Proclamation declaring October 2z~th as, "Make a Difference Day". b. "HeadStart Awareness Month"- October, 1998 Mayor Taylor read a Proclamation declaring October, 1998 as "HeadStart Awareness Month". He presented the Proclamation to Commissioner Titcomb who is involved with the HeadStart Program at the federal level. Commissioner -fitcomb explained that the City's program is exemplary, highly recognized and widely known. He is proud to be part of this program. 2. Presentation to the City Commission by the We Change Foundation - Requested by Commissioner .lamie Titcomb This item was tabled to the next City Commission meeting on Wednesday, November 4th. 'ry. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of October 6, 1998 Mayor Taylor advised that since the meeting minutes are part of the Consent Agenda, a motion to approve the Consent Agenda would include the approval of the minutes. B. Bids - Recommend Approval - All expenditures are approved in the :~998-99 Adopted Budget 1. Award "GOLF COURSE TEE RENOVA'I~ONS AND PRACTICE AREA CONSTRUCTION" to Detail Turf, Inc., in the amount of $31,304.97 (~°ROt~O$£D R£$OLtlI'~ON NO. R98-.~2) C. Resolutions: 1. Proposed Resolution No. R98-173 Re: Transferring cable rights and obligations under the franchise agreement from Tele-Media Investment PartnershiP, LP to National Cable Acquisition Associates, LP 2. Proposed Resolution No. R98-174 Re: Requesting assistance in the amount of $987,000 from local, state and national elected representatives to assist with funding our new senior adult center At Vice Mayor .laskiewicz' request, this item was removed from the Consent Agenda for discussion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20,, 1998 Proposed Resolution No. R98-175 Re: Approving the renewal of a contract with Children's Services Council (CSC) for the 1998-99 fiscal year Latchkey Afterschool Program in the amount of $43,672 4. Proposed Resolution No. R98-176 Re: Approving a lease agreement with Seminole Harley Davidson to lease, for one year, a D.A.R.E. motorcycle At Commissioner Denahan's request, this item was removed from the Consent Agenda for discussion. Proposed Resolution No. R98-177 Re: Releasing the balance of surety for the Vinings Plat i and Vinings Plat 2 in the amount of $11,887.02 and $11,000 respectively Proposed Resolution No. R98-178 Re: Supporting the enhanced practical training for Drivers Education Programs in our schools and the funding mechanism for this program by means of a $2.00 surcharge for first-time drivers license fees or other similar funding programs D. Ratification of Planning & Development Board Action: Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185' south of Golf Road - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominium units on flag-shaped parcel (TABZ£D ON 9/.~$/98 - K£~P ON TABZ~ UN~ZZ Robert Bordelon - (2616 SW 4th Street) - Request for approval of a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2.a to allow a 5.0 foot reduction from the required minimum side yard setback of 10.0 feet for the purpose of constructing an addition to a single-family structure in the R-1AA zoning district, within the Ridgewood Estates Subdivision ABC Fine Wine and Spirits (Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow for a reduction in the required ratio of one (1) parking space per 200 square feet to one (1) parking space per 225 square feet; which represents a reduction from 45 spaces to 40 spaces to be required for this single retail store ABC Fine Wine and Spirits (Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow a 34 foot reduction from the required minimum MEETZNG MI'NUTES REGULAR CZTY COMMI'SSI'ON BOYNTON BEACH, FLORZDA OCTOBER 20, 1998 driveway distance from an intersection of 180 feet to 146 feet to allow access to the planned site for this single retail store ABC Fine Wine and Spirits (Northeast corner of Winchester Park Boulevard and Boynton Beach Boulevard) - Request for approval of a variance to allow a 36.83 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 143.17 feet to allow access to the planned site for this single retail store. St..]oseph's Episcopal Church and School (3300 S. Seacrest Boulevard) - Request for conditional use approval to construct the addition of a 4,543 square fpot youth and day care center in the northwest corner of the campus E. Approval of Bills Approve the purchase of three Heil Starr System Automated Garbage Collection Vehicles - Sole Source Purchase Requested At City Manager Willis' request, Item IV-F was removed from the Consent Agenda and renumbered as Item V-A in order to allow for a presentation. Approve the purchase of three PhysioControl LifePak 12 cardiac monitors per 1998/99 budget approval At Vice Mayor ,laskiewicz' request, this item was removed from the Consent Agenda for discussion. Approve the purchase of one Ransome AR 250 5-gang rotary mower to replace one Toro 450D as scheduled Ratification of Code Compliance Board action: Approve reduction of the lien in Case #96-4671 (M. C. & Jeannette McRoy - 230 NW 11th Avenue) from $2,400 plus administrative costs to $250 At Commissioner Denahan's request, this item was removed from the Consent Agenda for discussion. Approving Task Order #26A for CH21Vl Hill for a maximum of $74,470 to be paid on a time and expenses basis Approve the purchase from D. M. Data backup memory and RA:[D adapter for the RMS computer system in the Police Department MEETING M:[NUTES REGULAR CITY COMMZSS:[ON BOYNTON BEACH`, FLOI~DA OCTOBER 20,, 1998 Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of :Items C.2, C.4, G, F, and :[. Commissioner Denahan seconded the motion that carried unanimously. CON$£NTAG£NDA ITEMS FOR DISCUSSION: Proposed Resolution No. R98-174 Re: Requestin9 assistance in the amount of $987~000 from IocaI~ state and national elected representatives to assist with lundin9 our new senior adult center Vice Mayor .laskiewicz announced that our senior center would provide recreation, a nutrition program and social services for seniors of the community. We are contemplating renovations and this Resolution is the first step in seeking assistance from local, state and national representatives. Vice Mayor .laskiewicz reported that the funds allotted to our residents are currently going to the Mae Volen Center in Boca Raton. Vice Mayor .laskiewicz recommended forwarding a copy of this Resolution to the Governor's Office in addition to all other recipients. Mayor Taylor pointed out that during her Washington trip, Vice Mayor .laskiewicz met with representatives who are very interested in helping us with this project. Motion Commissioner Denahan moved approval. Mayor Pro Tern Tillman seconded the motion that carried unanimously. Proposed Resolution No. R98-~76 Re: Approvin9 a lease agreement with Seminole Harley Davidson to lease/ for one year~ a D.A.K~. motorcycle Commissioner Denahan commended Police Chief Gage for doing an outstanding job. Tn this particular case, he is seeking opportunities to involve our youth in educational programs that will create a safer environment. She thanked Chief Gage for all of his hard work. Vice Mayor .laskiewicz announced that Seminole Harley Davidson would provide the City with one bike for a year at a cost of $1 per month. Motion Vice Mayor .laskiewicz moved approval. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Approve the purchase of three PhysioControl ZifePak ~2 cardiac monitors per ~998/99 budget approval MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 At Vice Mayor ]askiewicz' request, Jim Ness, Deputy Fire Chief, explained that this request is for three state-of-the-art cardiac monitors that are very unique. The Fire Department already has three of these units. They were the first units used in South Florida. The Fire Department has always tried to ensure that the best equipment is available for the citizens. This purchase will result in the Department having six units - one for each ALS unit. The Department is hopeful that it will be able to purchase a few more reserve units next year. Mr. Ness reported that with the use of grant funds, the Fire Department would purchase automatic defibrillators for the Golf Course and the beach. These purchases will raise the level of service provided to the citizens. Motion Commissioner Titcomb moved to approve. Vice Mayor ]askiewicz seconded the motion that carried unanimously. Ratification o£ Code Compb'ance Board act/on: Approve reduction o£ the lien in Ca~e #96-4671 C & Jeannette McRoy - 230 N~V ~ Avenue) from $2~400 plus administrative costs to $250 Commissioner Denahan is concerned about this request since the property owner is an absentee landlord who did not respect the process. The property owner did not attend the first or second meeting. Tt is her opinion that a standard needs to be set and followed. Tn this case, 96 days of non-compliance should at the very least result in a fine of $750.15 to cover administrative costs. Scott Blasie, Code Compliance Manager, advised that staff's recommendation is based on the findings of the Code Compliance Board. The Code Compliance Board based its findings on the testimony of the property owner that the tenants destroyed the properly. He pointed out that the first motion to reduce the fine to zero failed. Mayor Taylor confirmed with Mr. Blasie that the property owner is now in compliance and did additional work. Commissioner Denahan said she visited the site where the property owner lives and there is a big disparity between that property and her rental property. When discussion ensued relative to notice, Mr. Blasie advised that the property owner received the notice, but claims she works 10 to 12 hours a day and could not make the meetings. Vice Mayor .laskiewicz noticed that the board members voted 6-0 to reduce the fine to $250, She explained that she rarely votes against their judgment. MEE'I'ZNG M~'NUTES REGULAR CZ'FY COMMTSSTON BOYNTON BEACH, FLORZDA OCTOBER 20, 1998 Mayor Pro Tem Tillman was willing to support the board's recommendation since the property owner went above and beyond what was required. Commissioner Titcomb asked for clarification with respect to calculating the actual costs. Mr. Blasie said the actual costs are based on a user fee study that was prepared by DMG. Additionally, there is a charge of $250 for recording the documents. Each inspection costs $96.03. There are four mandatory inspections. :In this case, there were five inspections. Tn Mayor Taylor's opinion, the purpose of the Code Compliance program is to gain compliance. This case involves a swale. While Mayor Taylor understands Commissioner Denahan's concerns, this property owner did more than was required and he is willing to support the board's recommendation. Mayor Pro Tem Tillman pointed out that many people do not understand the swale situation in this community. This needs to be made clearer to our citizens. He feels that since this property owner complied, he will support the recommendation. Motion Mayor Pro Tem Tillman moved to ratify the board's recommendation. Vice Mayor .laskiewicz seconded the motion. Commissioner Titcomb is concerned about whether or not this type of reduction is being evenly applied across-the-board. He recommended that the board follow a standard. Mayor Taylor feels there are pluses and minuses to having a standard policy since there are different circumstances in each case. Although he agrees to work toward a standard, that will not always work. He feels each case must be considered individually. Commissioner Titcomb is also concerned that these cases are being settled for less than our actual costs. He feels the people causing the problems should at least bear the brunt of the administrative costs. Mayor Taylor recommended tracking repeat offenders. Hr. Blasie advised that repeat offenders are currently tracked. Florida Statutes require that in considering a fine. The motion carried 4-1. (Commissioner Denahan dissented.) V. CITY MANAGER'S REPORT: Approve the purchase of three Heil Starr System Automated Garbage Collection Vehicles - Sole Source Purchase Requested Larry Roberts, Public Works Director, explained that when the City began to deal with the pilot program for carts, it became very popular. The department then recommended to the City Commission that it become a Qb/wide program. This presented an opportunity for the Public MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 20, 1998 Works Department to automate garbage collection with a single-man operation using a hydraulic lift on the truck. This eliminates a great deal of manual labor and the injuries associated with garbage collection. Visits were made to St. Petersberg, Clearwater, Stuart and Fort Lauderdale to view their equipment and operation. Several manufacturers brought in demonstration equipment that was used in specific City projects. Staff determined that the Starr system was superior to all of the other systems demonstrated because it has great maneuverability. This is very important in the City because we have dead-end streets that go straight into the construction at T-95. Tt is impossible to get into and out of those streets. Tn addition, it is necessary to deal with very tight quarters throughout the majority of the City because of cul-de-sacs and parking on the streets. Mr. Roberts presented videotape that depicted the Heil Starr System Automated in operation. Questions from the Commissioners How many tax dollars are necessary to fund these vehicles? Mr. Roberts advised that no tax dollars would be used for this purchase. Public Works will use revenues generated by our solid waste. How many people did the old vehicles require and how many people would be laid off?. Three people were required on the old vehicles and only one person will be required on this vehicle. No employees will be laid off. This program will be implemented over a two-year period of time. Public Works will take advantage of attrition and will work with Human Resources to relocate some of the Refuse Collectors. Many of the employees that have been with the department for upwards of 15 years have expressed interest in getting their CDL licenses so that they can move up. What about the potential for savings with respect to Workers' Comp? Those figures have not yet been compiled. Are these additions to the fleet or replacements? These trucks would be replacements for the rear loaders. The City's fleet is aging. The first Starr will replace a rear loader that is approximately nine years old. Next year, three additional Starr's will replace rear loaders that are seven and eight years old. What is the difference in price between the Starr and the traditional rear loader? A rear loader costs approximately $130,000. The Starr costs $148,000. The cost difference is insignificant when the savings are considered. ]0 MEETTNG PlTNUTES REGULAR CTTY COPlF,I'rSSZON BOYNTON BEACHf FLORZDA OCTOBER 20f 1998 Is there anyone else who produces a truck like this? No. That is the reason for the sole source purchase. Do you envision the cost of the truck going down eventually as they produce more? Mr. Roberts believes the cost of the trucks will continue to increase because the manufacturing industry is under a tremendous amount of pressure for transmissions. One of the advantages of buying this unit is that the Heil Company buys chassis and makes them available in approximately 60 days. What percentage of the City will be serviced with this equipment? Approximately 14,000 homes out of approximately 18,000 will be serviced with this equipment. I~aurice Rosenstock, One Villa Lane, questioned whether or not the recycling materials would be disposed of in the current containers. Mr. Roberts advised that the recycling program would be maintained in addition to garbage collection. The City will provide the containers for garbage collection. They are available in 35 gallon, 65 gallon and 95 gallon sizes. Neighborhoods will be asked to participate in the program. Herb Suss has a garbage container with a removable lid. He asked how this equipment would address that situation. Mr. Roberts advised that new carts would be provided that have wheels and watertight lids. Vice Mayor .laskiewicz inquired about the number of traditional trucks that will remain in service. Mr. Roberts advised that in the long term, there would be no traditional trucks. The program will take approximately two years. The rear loader trucks are a dying breed. In Leisureville, the residents put out small amounts of garbage in plastic bags. Mr. Roberts has plans for a better way of picking up that garbage than using the Starr system. However, the majority of the City will benefit by this system. What about a maintenance contract? The repair facilities are located in Delray Beach. Training of City mechanics is ongoing at the present time. Motion Commissioner Titcomb moved approval. Vice IVlayor Jaskiewicz seconded the motion that carried unanimously. V~, PUBL'rC AUDI'ENCE: 1] MEET:ZNG MZNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH~ FLOR:ZDA OCTOBER 20~ 1998 Dee Zibelli, 440 Ocean Parkway, speaking for Citizens for Good Government.. announced that she would never again run for public office in the City of Boynton Beach. She advised that the Citizens for Good Government want to keep term limits so that young people will have a chance to be involved in their community and serve with dignity and listen with open minds to their constituents. Ms. Zibelli said she is being targeted in telephone polls and Labor Management meetings. She objects to her name being used in this manner and was offended that her presence around City Hall was questioned. She and all residents should have free access to City Hall at all times. The Citizens for Good Government are offended at being called "political hyenas". She stated that not all of the backlash is coming from the Citizens for Good Government. Herb Suss feels this City is on the move. Our Library is a crown jewel and the beach is first- rate. Term limits must be eliminated because they take away his rights as a citizen. He wants continuity and term limits are destructive. Mr. Suss applauded the City Commission on their approval of the new garbage collection equipment. Mr. Suss expressed pride in our Police Department and feels they are professionals. .lim Miriana, 728 NE 8th Avenue, said the Citizens for Good Government object to being called "political hyenas". The Citizens for Good Government are citizens working to keep term limits. They are working in an orderly fashion. Calling them "hyenas" is an abrasive display of ignorance. The Citizens for Good Government raised money through donations - not developers and outsiders. The Citizens for Good Government want to "Save Our Future" by keeping term limits. Maurice Rosenstock, One Villa Lane, is a member of the Planning & Development Board. Approximately two weeks ago, Ken Hall contacted him to suggest that he take a drive in his car and try to locate an address. The Post Office requires all commercial properties to have the street address displayed on their buildings. Mr. Rosenstock does not feel this is being enforced. Mr. Rosenstock proposed that a Code be created that on all signs erected on any commercial property there be letters that can be seen from the highway (within reason and of a certain color) placed in a prominent position (top of monument/pedestal sign). Mayor Taylor agreed with Mr. Rosenstock's remarks and recommended that staff look at how this can be accomplished, A Code should be created to require this as soon as a project is developed and a method should be developed to correct our current situation. Herb Suss recommended that the City of Boynton Beach contact the DOT to request a sign on :[-95 indicating that there are four exits for'Boynton Beach. Vice Mayor .laskiewicz reminded the public of the 1904 house that is being restored in downtown Boynton Beach. She encouraged everyone who is in contact with any students in elementary, middle school or high school to inform them of the contest that will provide cash awards totaling $5,000 to anyone who can describe life in a house such as this one 100 years ago. Former Mayor Jim Warnke is in charge of this contest. Vice Mayor .laskiewicz will visit each of the boards and inform them of the project. MEETZNG MTNUTES REGULAR CZTY COMMI'SSTON BOYNTON BEACH~ FLORTDA OCTOBER 20~ 1998 VII. PUBLZC HEARZNG: None VTIT. BZDS: None ~X. DEVELOPMENT PLANS: None X. NEW BUSZNESS: Consider request submitted by Show'Iime Lounge to sponsor a car and truck show as well as permission to sell and serve beer, soft drinks, and barbecued foods Sunday, November 15, 1998 beginning at 10:00 a.m. until 4:00 p.m. Vice Mayor Jaskiewicz noted that Pete Rose's Ballpark Caf~ has held events in the past, but no liquor was served outdoors. Our Permitting Division prohibits the sale of liquor and consumption of alcoholic beverages in any area outside the lounge. This request is inconsistent with those requirements. Commissioner Denahan concurred with Vice Mayor ]askiewicz' remarks. Don Johnson pinpointed 11 items. Tn particular, he noted that alcoholic beverages should be served solely in the lounge areas and there needs to be toilet facilities outside for the general public. Commissioner Denahan concurs with these stipulations. Mayor Taylor advised that the backup indicates that DeLuca's is in the business of adult entertainment. People attending the event sometimes bring children along. For this reason, Mayor Taylor will vote against this request. Vice Mayor 3askiewicz agreed with the Mayor's comments, but feels that as long as DeLuca's complies with the stipulations, she does not feel the Commission can refuse the request. Commissioner l~tcomb feels that if staff's recommendations are followed, most of the activities are safeguarded. It would be the parents' responsibility to decide whether or not to take their children to the event. Mayor Pro Tem Tillman agreed with Commissioner Titcomb's comments. He abhors this activity especially on Sunday. However, he would have to accept this to protect the rights of the applicant as long as they comply with the staff recommendations. 3o Ann DeLuca~ representinq ShowTime, said the children are not subjected to nude women and they do not go inside the building. No one was offended during the last event. She said she saw things going on at the Block Party that children probably should not have ]3 MEETTNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH~ FLORTDA OCTOBER 20~ 1998 witnessed. She does not feel she should be stopped from having an outdoor event because her business is adult entertainment. Mayor Taylor pointed out that the goal is to promote business that is adult entertainment. Ms. DeLuca said the event is advertised for adults only, but many people who are driving by stop for the event. Motion Commissioner Titcomb moved to approve with the comments of our staff in relationship to this special event. Ms. DeLuca said she contacted Alcohol & Beverage and they will permit, with the City's approval and for a fee, an extension of licensed premises to allow DeLuca's to serve alcoholic beverages in a roped off area. She said she attended a Block Party a few weeks ago and she purchased beer at Caf~ Barista and was permitted to take it out into the street. Many other people did the same thing. Attorney Cherof advised that the staff condition is not based upon the State Statute. There is a provision of the Code (Section 3.5) that prohibits the sale of alcoholic beverages outside at these types of special events. That is the basis for the staff recommendation. Ms. DeLuca attempted to compare this event with the Block Party and the events that occurred at Caf~ Barista, and referred to "selective enforcement". Attorney Cherof explained that the Code clearly provides for restricted issuance of permits for use of alcohol outside of buildings (e.g. building dedications, non-profit activity or the like). This request does not appear to fall into one of those categories. Commissioner Titcomb agreed that a block party is different from a private show that is used to promote business. This is very different from a Citywide event where a street is roped off and there is Police and Fire protection. Attorney Cherof reminded the Commissioners that the Block Party was not the issue before the Commission this evening. This application came forward with conditions to restrict the consumption of alcoholic beverages to inside the building. Mayor Pro Tem Tillman seconded the motion. Mayor Taylor noted that although the request states from 10:00 a.m. to 4:00 p.m., the applicant agreed that there would be no sale of alcoholic beverages until noon. The motion carried 4-1. (Mayor Taylor dissented.) Consider Special Event Permit for tent at Home Depot for demonstration in conjunction with the opening of the new building ]4 MEE'i'rNG MINUTES REGULAR CI'TY COMMISSION BOYNTON BEACH, FLOR/DA OCTOBER 20,, 1998 Motion Vice Mayor .laskiewicz moved to approve the opening of the Expo Center. Commissioner Titcomb seconded the motion that carried unanimously. Consider request submitted by George Marse of Calvery Chapel requesting permission to host an outside event on October 31, 1998 from 5:00 p.m. to 9:30 p.m. in the parking lot of Calvery Chapel, 211 South Federal Highway Motion Commissioner 'fitcomb moved approval. Mayor Pro Tem Tillman seconded the motion. Commissioner Denahan questioned whether or not there was any Police Department concern about safety for children being in the parking lot at 5:00 p.m, on Saturday. Chief Gage stated there was no concern. The motion carried unanimously. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 098-37 Re: Amending Section 13-20, Special Events, by deleting section in its entirety and creating a new section 13-20 entitled "Special Events'; providing for definition, application process for special event permits, standards for issuance of permits, conditions for permits, policy and procedures (TABLED ON 9/lS) Motion Vice Mayor Jaskiewicz moved to remove this item from the table. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Attorney Cherof read Proposed Ordinance No. 098-37 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor -~askiewicz moved to approve Proposed Ordinance No. 098-37 on second and final reading. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. ]5 r4EET~NG MINUTES REGULAR CITY COMHISSTON BOYNTON BEACH, FLOI~DA OCTOBER 20, 1998 B. Ordinances- 1st Reading None C. Resolutions: None D. Other: 1. Update on Lucille & Otley's Closing Attorney Cherof reported that the final inspection that was required as a pre-condition of closing was accomplished and we received a Phase I environmental study that came back clean indicating that there are no hazardous materials associated with this property. The anticipated closing will be either Monday or Tuesday of next week. 2. Request by Gold Coast Builders in Conjunction with House of Hope Gold Coast Builders initially requested that the City waive the permit application fee of $200. The Commission and administration have no power to waive fees. However, there are funds available to pay the fee on behalf of the applicant. Mayor Taylor explained that Gold Coast Builders is donating all of the materials and labor for the House of Hope. This house is just outside of the corporate City limits but we furnish water to the area. The permit would be for the hook-up of the water meter. Motion Vice Mayor ]askiewicz moved to approve giving the funds, Commissioner Titcomb seconded the motion that carried unanimously. XII. UNFINISHED BUSINESS: None XIII. OTHER: None XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at $:10 p.m. ]6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA OCTOBER 20, 1998 ATTEST: City ~lerk ~ ~/ D)~puty City Clerk k_.('rwo Tapes) CITY OF BOYNTON BEACH ~l~ayor ' / "~ice Mayor~' / / Mayor Pro Tem iss. ioner Commissioner jmp j :\shrdata\cc\wp\minutes\comm\:LO2098.doc 10/21/98 4:3:[ PM l? DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: St. Joseph's Episcopal Church APPLICANT'S AGENT: Jerome F. Milord APPLICANT'S ADDRESS: 3600 S. Congress Avenue DATE OF CITY COMMISSION: 10/20/98 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: 3300 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other - DATED: ~~ ~. ~lty ~lerK J:~SHRDATA~Planning~S~RED~PROJECTS~St. Josephs Episcopal Church~COUS~EVELOPMENT ORDER.do~ EXHIBIT "C" Conditions of Approval Project name: St. Joseph's Episcopal Church File number: COUS 98-002 Reference: The plans consist of 10 sheets identified as 2nd Review, Conditional Use. File # COUS 98-00?, with a September 21, 1998 Planning and Zoning Department date stamp markin,~. DEPARTMENTS [tNCLUDE I EJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing,. landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. BUILDING DIVISION Comments: 2. Chapter 9 - Community Design Plan, Section 10.I.1, of the Land X Development Regulations, specifies that, "Signs shall be designed and treated as part of the architecture of the building and shall be reviewed at time of site plan review". Therefore, add a note to sheet A2 (Elevations) indicating that wall signage for the Youth Building is not approved. 3. Add to sheet C-2 (Water and San. Sewer, Paving and Drainage - Plan) X and MP-1 (Site and Landscape Plan) a symbol that represents the location and path of the accessible route that is required from the proposed Youth Building to the accessible entrance to all other buildings located on the site. 4. At time of permit review add to sheet C-1 (Site and Landscape Plan) the X Page 2 St. Joseph's Episcopal Church File No.: COUS 98-002 DEPARTMENTS INCLUDE REJECT actual setback dimensions from the property line to the leading edge of all sides of the proposed building and/or canopies. Also correct the inconsistency between the proposed 33 foot 8 inch west building setback identified on sheet MP-1 and the same west building setback identified on sheet MP-2 at 34 feet 8 inches. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 5. Sign and seal all plans. Ch.4 Sec.7 X 6. All plans shall be drawn to the same scale. To meet this requirement, X provide one master sheet depicting the whole site at 1"=40' as a location plan, and a separate enlarged site plan, water and sewer plan, and landscape plan sheets at 1"-10'- . Ch.4 Sec.7 7. Correct direction of north arrow on the landscape plan. Ch.4 Sec.7. X 8. Complete a minimum of 25% of the total cost of the improvements X within one (1) year of receiving conditional use approval (from date that development order is executed). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 9. None. X ADDITIONAL CITY COMMISSION CONDITIONS lO. MWR/dim I:~SHRDATA~PLANNIlqG\SHARED\WP~PROJECTS\ST.JOSEPHS EPISCOPAL CHURCH~COUS\COND. OF APPR-2ND REVIEW.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ABC Fine Wine and Spirits APPLICANT'S AGENT: Unruh, Smith and Associates APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, West Palm Beach, FL 33401 DATE OF CITY COMMISSION RATIFICATION: October 20, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (parking space ratio) (ZNCV 98-014) LOCATION OF PROPERTY: Northeast corner Boynton Beach Boulevard and Winchester Park Boulevard. DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with and conditions of this order. 7. Other = ~ ..-~ DATED: ~_J~~ ~,~,~', /~8 City ~lerk J:\SHRDATA~Planning\SHARED\WP\FORMS~Dev. Orders\DEVELOPMENT ORDER REV. doc EXHIBIT "F" Conditions of Approval Project name: ABC Fine Wine and Spirits File number: ZNCV 98-014 (Number of Parking Stalls) Reference: Application dated September 8, 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. The landscaping of Boynton Beach Boulevard frontage be enhanced and X foundation landscaping added. Page 2 ABC Fine Wines and Spirits FileNo.: ZNCV 98-014 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~LANNING\SHARED\WP\PROJECTS~ABC FINE WINE~ZNCV~COND. OF APPR.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ABC Fine Wine and Spirits APPLICANT'S AGENT: Unruh, Smith and Associates APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, West Palm Beach, FL 33401 DATE OF CITY COMMISSION RATIFICATION: October 20, 1998 TYPE OF RELIEF SOUGHT: Parking Lot Variance (driveway distance from intersection) (PKLV 98-003) LOCATION OF PROPERTY: Winchester Park Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms ~,~,~%1111111111tl/ ,o' NTo , DATED: ~~ ~ /~ ~~. Cit~Clerk J:~SHRDATA~Ianning~SHARED~PROJECTS~BC Fine Wine~EVELOPMENT ORDER pklv 003.doc 7lllllilllllt~ and conditions of this order. Other EXHIBIT "G" Conditions of Approval Project name: ABC Fine Wine and Spirits File number: PKLV 98-003 (driveway distance from intersection) Reference: Applications dated September 8, 1998. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PACKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Tn 1~,~ .-~ ...... :__A~ _ ~1~/~fi- ~ MWR:dim \\CH~¥1AIN\SHRDATA\PLANNING\SHARED\WP\PROJECTS~ABC FINE WINE\PKLV~COND. OF APPR - PKLV-003.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ABC Fine Wine and Spirits APPLICANT'S AGENT: Unruh, Smith and Associates APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, West Palm Beach, FL 33401 DATE OF CITY COMMISSION RATIFICATION: October 20, 1998 TYPE OF RELIEF SOUGHT: Parking Lot Variance (driveway distance from intersection) (PKLV 98-004) LOCATION OF PROPERTY: Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: (~~, /~ Oi aerk J:~SHRDATA~Planning~SHARED~PROJECTS~BC Fine Wine~EVELOPMENT ORDER pklv 004,doc EXHIBIT "H" Conditions of Approval Project name: ABC Fine Wine and Spirits File number: PKLV 98-004 (Driveway distance from intersection) Reference: Applications dated September 8, 1998. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Denial by the Department of Transportation applicant's request to move X the driveway eastward. ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA\Planning\SHARED\WP\PROJECTS~ABC Fine Wine\PKLV~cond. of appr- pklv-004.doc\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Robert Bordelon APPLICANT: Robert Bordelon APPLICANT'S ADDRESS: 2616 S.W. 4th Street DATE OF CITY COMMISSION RATIFICATION: October 20, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side yard setback) LOCATION OF PROPERTY: 2616 S.W. 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ,~J~~ ,~,,,¢',/~¢ k.~¢..¢¢-~...~~~~.~ City Clerk · I:\SH RDATA\Plan ning\SHARED\WP\PROJECTS\Bordelon-Robert\DEVELOPM ENT ORDER. doc EXHIBIT "D" Conditions of Approval Project name: Robert Bordelon File number: ZNCV 98-013 Reference: Zoning Code Variance application dated September 8, 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDiNG DIVISION 'Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The variance shall only apply to that portion of the house currently X planned to be expanded which consists of approximately 25 feet in length. No further improvements into the expanded yard shall be permitted without similar review. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None. X ADDITIONAL CITY COMMISSION CONDITIONS MWR/dim J:\SHRDATAkPLANNING\SHARF~\WPkPROJECTSkBORDELON-ROBERT\COND. OF APPR.DOC