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Minutes 03-03-98 MTNUTES OF THE REGULAR Ci'TY COMM'rSSTON MEETTNG HELD I'N COMMI'SSI'ON CHAMBERS, cTrY HALL, BOYNTON BEACH, FLORI'DA, ON TUESDAY, MARCH 3, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley .laskiewicz, Commissioner Henderson 'fillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk T. OPENTNGS: Call to Order - Mayor 3erry Taylor Tnvocation offered by Rabbi Max Roth - Boynton Beach Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor .lerry Taylor Mayor Taylor called the meeting to order at 6:35 p.m. followed by the Pledge of Allegiance to the Flag. D, Agenda Approval: Additions, DeletionS, Corrections Rabbi Roth offered the invocation, Commissioner ]askiewicz requested the addition of Item XI-D.1, "Topless Bars'; and Item XII.B, "Discussion on Zip Codes in Boynton Beach". Commissioner Bradley requested the addition of Item III.B.3, "Draft Interlocal Agreement for Partnership between City of Boynton Beach and Palm Beach County School Board with reference to Congress Middle School" drafted by City Attorney Cherof. Commissioner Bradley would like to discuss this interlocal agreement and allow .the principal from Congress Middle School to speak about recent developments. Mr. Sills will arrive at 7:30 p.m. Commissioner Bradley also requested the addition of Item III.A.5, "Television Show to be Aired Friday Night". Attorney Cherof requested that Item XI.A.I, "Newsrack Ordinance on Second Reading" remain on the table for one additional meeting. City Manager Willis added a Resolution as Item IV.C.7 that references the Latchkey Program. It is a companion item to :Item IV.C.6. Back-up material was included in the agenda packet but the item description was inadvertently left off the agenda. City Manager Willis added Item X.D, "Request to Erect Tents for Temporary Sales". Commissioner Tiilman arrived for the meeting at 6:43 p.m. MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 2. Adoption Vice Mayor Titcomb moved to approve the agenda as amended. Commissioner Bradley seconded the motion that carried unanimously. II, ADHZNISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II Bradley III Jaskiewicz MayorTaylor I Titcomb III Jaskiewicz II Bradley* III ]askiewicz IV Tillman MayorTaylor I Titcomb MayorTaylor ~V Tillman IV Tillman Code Compliance Board Alt 1 yr term to Code Compliance Board Alt I yr term to Community Relations Board Alt I yr term to Community Relations Board Alt 1 yr term to S.H.T.P. Affordable Housing Alt 1 yr term to S.H.T.P. Affordable Housing Alt i yr term to Adv. Bd. Children & Youth Alt i yr term to Adv. Bd. Children & Youth Stu/Reg 1 yr term to Planning & Development Bd. Alt i yr term to Bldg. Bd. Of Adj. & Appeals Alt i yr term to Nuisance Abatement. Board Reg 2 yr term to Senior Advisory Board Alt i yr term to Recreation & Parks Board Reg 3 yr term to 9 f98TABLED-2 9198TABLED-2 4 I98TABLED-2 4 I98TABLED-2 6 I98TABLED-2 6 f98TABLED-3 4 ~98TABLED-2 4 ~98TABLED-2 4 r98TABLED-2 4 f98TABLED-2 4 f00 -1 4 ~98TABLED-2 4 ~99TABLED-2 Since most of the advisory board appointments will be expiring in April, Mayor recommended that all appointments be tabled until the term expiration letters go out and Advisory Board Applications are received. Consensus There was a consensus of the Commission to accept Mayor Taylor's recommendation. III, ANNOUNCEF4ENTS & PRESENTATIONS: A. Announcements: Special City Commission Meeting to accept the election returns and for newly elected officials to assume office - Thursday, March 12, 1998 at 6:00 p.m. in Commission Chambers Mayor Taylor made this announcement. MEETING MINUTES REGULAR CZTY COMMISSION BOYNTON BEACH, FLOR/DA MARCH 3, 1998 Community Redevelopment Agency (CRA) Workshop Meetings with 3ames Duncan & Associates, Visions 20/20 Consultants to be held in the Library Program Room at 6:30 p.m. on: Thursday, March 12, 1998 Thursday, April 9, 1998 Thursday, May 14, 1998 Mayor Taylor made this announcement. Community Caring Center Choir Festival - March 8, 1998 at 4:00 p.m. at St. Thomas More Catholic Church Mayor Taylor made this announcement, Issues for Breakfast Roundtable - March 5th ~ 7:30 a.m. in the Library Program Room-Speakers: Dr. Stanford M. Lyman, Professor of Sociology and Robert 3. Morrow, Eminent Scholar at FAU Topic: Affirmative Action Mayor Taylor made this announcement. 5. Television Show to be Aired on Friday Evening Commissioner Bradley advised that on Friday evening on Channel 25-WPBF on, 20/20 will air a documentary on the Attachment Center at Evergreen, Colorado. This is the Center where Commissioner and Mrs. Bradley will be working. He encouraged everyone to watch this broadcast. B. Presentations: 1. Proclamations: a. Community Caring Center Week - March 8-14, 1998 MayOr Taylor read a Proclamation declaring the week of March 8 through 14, 1998 as "Community Caring Center Week". Boynton's Great American Love Affair - March 20-22, 1998 Mayor Taylor read a Proclamation declaring the weekend of March 20 through 22, 1998 as, "Boynton's Great American Love Affair". MEETTNG MTNUTES REGULAR C'rTY COMMTSSTON BOYNTON BEACH~ FLORTDA MARCH 3, 1998 Presentation of Certificates to Golf Course Staff for CPR Lifesaving Efforts Joe Sciortino, Golf Course Director, reported that all departments in the City are provided with an opportunity to learn CPR through the Fire Department. There are a lot of elderly golfers who frequent the City's Golf Course. Four Golf Course employees have consistently responded to Code Blue calls. IVlr. Sciortino feels the following four individuals show the type of leadership everyone can aspire to: Eric Falstad, Freda DeFosSe, Dan Hager, and Dan Niller. Each of the employees was recognized with a Certificate of Appreciation for CPR Lifesaving Efforts. IVlayor Taylor urged everyone to take advantage of an opportunity to learn CPR. congratulated staff. He Tnterlocal Agreement Between the City of Boynton Beach and the School Board of Palm Beach County Stephen Sills, Principal of Congress F4iddle School, thanked the Mayor and Commissioners for their support of Congress Middle School. One year ago, the School Board approved magnet school status for Congress Middle School. The math/science/technology school will begin in August, 1998 for all students from Grade 6 through Grade 8. Mr. Sills thanked Commissioner and Nrs. Bradley for their consistent support. Nayor Taylor said all of the Commissioners share Mr. Sills' feelings about Commissioner Bradley because of his involvement with education in this community. Nayor Taylor vowed to review and consider the interlocal agreement that was presented this evening. Commissioner Bradley is excited about this feeder system coming to fruition. Nany members of the community worked very hard on Poinciana School, and it is a world-class school. He is confident this will happen for Congress Middle School because Mr. Sills is at the helm. 4. Presentation by Virginia Farace to Commissioner F4att Bradley Virginia Farace, Library Director, felt it was appropriate to recognize, and to say thank you, farewell and good bye to Commissioner Bradley. Commissioner Bradley has devoted the last four years to serving the citizens of Boynton Beach. He is stepping down after the election next week and will relocate to Evergreen, Colorado. On behalf of the City, its residents, and the children, Ms. Farace presented a plaque and scrapbook to Commissioner Bradley. Nike Bottcher, President of the Boynton Beach Chamber of Commerce, said the Chamber Board of Directors wanted to take this opportunity to thank Commissioner Bradley for his leadership in the Chamber's organization and City endeavors. Commissioner Bradley withdrew from the Chamber's Chairman-elect position when he was elected to serve the citizens of Boynton Beach. However, he continued his support and active role in Chamber endeavors. He was a strong supporter who was dedicated to the Chamber's mission. He will be missed. With pleasure, he presented Commissioner Bradley with a Certificate of Appreciation as a token of his esteem and wished Commissioner and Nrs. Bradley "all the best in the West". 4 MEETING MZNUTES REGULAR cTrY COMMZSSZON BOYNTON BEACH, FLORZDA MARCH 3, 1998 Mayor Taylor was hopeful the small tokens demonstrated to Commissioner Bradley the appreciation of the community for his service. Commissioner Bradley always based his decisions on what he felt was right for the community. Mayor Taylor commended him for an outstanding job and for representing the constituents to the best of his ability. Although he and Commissioner Bradley have not always agreed, friendships should surpass that and last forever. Mayor Taylor wished Commissioner Bradley the very best. MAYOR TAYLOR DECLARED A BRIEF RECESS AT 7:00 P.M. FOR A RECEPTION IN THE LOBBY. THE MEETING RECONVENED AT 7:25 P.M. ZV. CONSENT AGENDA: A. Minutes: 1. Joint City Commission/Chamber of Commerce Meeting of February 2, 1998 Motion Vice Mayor Titcomb moved to approve. Commissioner Tillman seconded the motion that carried unanimously. 2. Special City Commission Meeting of February 12, 1998 Motion Vice Mayor Titcomb moved to approve. carried unanimously. Commissioner ]askiewicz seconded the motion that 3. Workshop City Commission Meeting of February 17, 1998 Motion Vice Mayor Titcomb moved to approve. Commissioner .laskiewicz seconded the motion that carried unanimously. Commi~ioner Jaskie~v/cz requested that Item "H" be removed from the Con~ent Agenda for discu~ion. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Approve one-year extension of "CO-OP LIQUID CHLORINE, CALCIUM & SODIUM HYPOCHLORITE" - BID #045-134-98/SP to various vendors with MEE'rZNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA MARCH 3, 1998 an estimated annual expenditure of $100,490 (Renewal period: 4/1/98 to 3/31/99) Approving Roads & Street's request for street resurfacing, piggybacking a Palm Beach County Contract, Bid #98051 ANNUAL ASPHALT MTLLING AND RESURFACING CONTRACT, to Ranger Construction Industries, Thc., West Palm Beach, Florida, in the amount of $211,960 Approve award of "TVVO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES PARTS AND REPAIRS"- BID #035-501-98/SP to Construction Hydraulics, Inc., of Lake Worth, Florida, at the shop hourly rate of $35.00 per hour for an estimated annual expenditure of $12,000 Resolutions: Proposed Resolution No. R98-41Re: Authorizing Addendum No. 1 to the lease agreement between the City of Boynton Beach and ].C.'s Food Service Concession Proposed Resolution No. R98-42Re: of the final plat for "Grove Plaza" Authorizing the acceptance Proposed Resolution No. R98-43Re: of the final plat for Via Lugano Authorizing the acceptance Proposed Resolution No. R98-44Re: Bill HB 3427 & SB 882 Supporting a Beach Funding Proposed Resolution No. R98-45Re: Approving the reallocation and distribution of $165,194 of State fiscal year 1996 federally funded Drug Control & System Tmprovement Formula Grant Program funds for the projects within Palm Beach County Proposed Resolution No. Rg8-46Re: Authorizing and directing staff to apply for the 1998/99 Children's Services Council Grant in the amount of $43,672 for the Boynton Beach Latchkey Afterschool Program Ratification of Planning & Development Board Action: First United Methodist Church - 101 North Seacrest Boulevard- Request for variance from the City's LDRs to allow a 24.2 foot reduction of the required 40 foot front setback (a 15.8 foot setback) Boynton Beach Mall - 301 North Congress Avenue - Request for zoning code variance to reduce the number of parking spaces from 6,195 to 5,553 (a ratio of one space per 200 square feet of gross leasable floor MEETTNG MTNUTES REGULAR C:[TY COMMTSSZON BOYNTON BEACH, FLORIDA MARCH 3, 1998 space to one space per 222.225 square feet of gross leasable floor space in connection with construction of 122,733 square feet gross leaseable area for a department store "F" (proposed Dillard's) and 53,000 square feet (gross leaseable area) for a future third floor at Macy's department store Grand Park ALF of Boynton Beach - Southwest corner of SW 13th Street and Golf Road - Request for site plan approval to construct a 105 bed assisted living facility on a 4.69 acre parcel of land E. Approval of Bills Approve Facilities Management's request for "supply and install" replacement air condition ductwork from Smyth Air Conditioning, Inc., Lake Worth, Florida, in the amount of $17,744 Approve the Utilities Department request to piggyback the Palm Beach County contract for reconstruction of approximately 2,400 feet of sanitary sewer lines in the easement areas of North Seacrest Blvd. Between the C-16 Canal and Hypoluxo Road, and award this bid to ]nsituform Technologies, ThC. in the amount of $118,622 Approve Change Order #2 to Purchase Order #15943 for D&3 Industries, Inc. in the amount of $33,262.45, bringing the total to $260,267.41 for the Pistol Range Abatement Project Ttem "'H' was removed from the Consent Agenda for discussion. Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Item "H'. Vice Mayor Titcomb seconded the motion that carried unanimously. ZTEM FOR DISCUSSION: Approve Change Order #2 to Purchase Order #15943 for Xndustrie~. Xnc. in the amount of $33.262.45. bringing the total to $260~26~. 4~ for the Plato/Range Abatement Pro~ Commisioner Jaskiewicz expressed concern about the amount of money being expended on this project that might present ongoing mold and mildew problems in the future. She reminded the Commissioners that there was agreement long ago that they wanted appropriate contract amounts at the time of approval and would not tolerate change orders. This project is costing a tremendous amount of money and the City will still have an old building. She questioned whether it would be more appropriate to bulldoze this building and construct a new building with these funds. MEETZNG MZNUTES REGULAR CTTY COMMTSSI'ON BOYNTON BEACH, FLORTDA MARCH 3, 1998 Vice Mayor Titcomb added that it appears a great deal of time was spent doing tasks outside the scope of the contract. He expressed this concern to the City Manager. Mayor Taylor shared the Commissioners' concerns. When the contract for this clean up was approved, he assumed the cost covered the total work involved. A few weeks ago, it was determined that the air conditioning system would have to be replaced, and it appears the next request will be to replace the roof. He is concerned about the amount of money this project is costing and questions how much we want to invest. Wilfred Hawkins, Manager of Support Services, explained that everything the contractors have done to date has been included in the scope of tasks. The air conditioning system is being cleaned rather than replaced. It was not included in the language of the contract because we could not get into the system to inspect it until it was under containment. Once the system was under containment, we learned it could be cleaned. Mr. Hawkins does not know if a new building could be constructed with the funds that are being expended. However, he pointed out that even if the pistol range was demolished, it would have to be done under containment, and we would pay a high cost for disposal of contaminated material. Staff views the roof situation as a different project from the lead abatement. We now know how to abate the lead in the future. The leaking roof must be addressed. When Commissioner Jaskiewicz questioned whether there is any relation between the air conditioning system and the roof leaks, Mr. DeBeck responded negatively and advised that the leaks are minor in nature. The direct source of the leaks has not yet been determined. The building is due for caulking and repainting. No roof failures were found when Transcoastal inspected it. While the air conditioning equipment is off the roof, the coating, caps and holes are being inspected to determine whether there are any penetrations in those locations. Some joints have been found that indicate holes and cracks. Those items will be caulked and sealed. Vice Mayor Titcomb asked if D&] Industries is involved in both the lead abatement program and all other work items, iVlr. Hawkins responded negatively and advised that they are separate companies. In response to Commissioner .laskiewicz, Mr. DeBeck advised that the roof is just under eight years old and it has a ten-year warranty. If there is any problem, repairs will be made under warranty. Motion Commissioner 3askiewicz moved to approve ]Item "H". She expressed her hope that this is the final approval for this project. Vice Mayor Titcomb seconded the motion that carried 5-0. V. C'rTY MANAGER'S REPORT: None MEETTNG MTNUTES REGULAR CTTY COMMI'SSTON BOYNTON BEACH, FLORZDA MARCH 3, '1998 Vi'. PUBLI'C AUDTENCE: Marshall Friedland, 330 NE 26th Avenue. commended Mark Law and .~ohn Guidry for their assistance in remediating the flooding problem on Victoria Boulevard by cleaning the traps every month. Gary Fishman, Diane Drive, said the problem of speeding still exists in his neighborhood and is being brought to the forefront because of BE Aerospace's request for a zoning change. Such a zoning change cannot be reversed. This neighborhood needs speed humps. The residents of this area appreciate the City's support, but they are aware that they will lose the fight with respect to the rezoning of BE Aerospace. The residents feel a separate access is necessary for BE Aerospace because of the truck traffic and speeders. Mr. Fishman spoke to one CounLy Commissioner who agreed that a separate entrance is needed. However, that Commissioner will not vote against her fellow Commissioners on this issue. Beverly Caruso is frightened for her children. If seven acres are rezoned, there will be staggered shifts and more traffic. All of the cars run the stop sign at BE Aerospace. She asked for clarification of this issue. Mayor Taylor explained that a meeting was held with representatives of BE Aerospace, the County, City officials, the Business Development Board, and Quantum Park to try to find a "win- win" solution. Since BE Aerospace is successful, the City suggested they investigate the possibility of moving to Quantum Park. BE Aerospace denied any thoughts of expanding, and has no intention of moving the plant. They are attempting to rezone three-quarters of an acre. The County has placed stipulations on the approval so that BE Aerospace cannot make any changes to the outside of the house or build anything else on the property. The only other alternative the City recommends is an access from Lake ]:da park over a finger canal. This would require a two-lane bridge. That would provide a separate access for BE Aerospace and give the County access to their park that is currently landlocked. During the meeting, BE Aerospace confirmed that they would not oppose a new ingress/egress. However, they did not indicate they would help pay for it. Mayor Taylor believes this should be investigated to see if State grant funding is available to help build the road. The City of Boynton Beach has written a letter to Commissioner Lee requesting that she contact the County Engineering Department to get cost estimates and data on the feasibility of building that road. The City understands the concerns of the community and can monitor the traffic in the area. He recommended that the residents do everything they can between now and March 26th when the County will vote on this issue. He urged the residents to work with Commissioner Lee and to express their concerns to all Commissioners. He explained that it will be necessary for the residents to convince the Commissioners that there is a solution to this problem. Vice Mayor Titcomb agreed that the only solution to this problem might be the construction of the road to the south. He explained that it would take money, lobbying and many voices fighting for this road. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 Commissioner Bradley suggested that Mayor Taylor raise this issue at the Multi-Jurisdictional Tssues Forum. 3ack Wolfe, President of Boynton Lakes Homeowners' Association, addressed the Commissioners on behalf of the residents of 102 single-family homes. These homes are mostly owned and inhabited by senior citizens who are not wealthy. When the development was built, the developer planted 64 Ficus trees and 400 other types of trees. The community is experiencing problems with the Ficus trees. Mr. Wolfe said Ficus trees can no longer be planted in the City of Boynton Beach because of their destructive qualities. The residents would like to remove the Ficus trees and replace them with native trees such as Palms, Live Oaks, Buttonwoods, etc. Once the fee for removal of the trees is established, the community must replace the tree at a cost that is double that fee. Tn this case, the cost of removal of the trees is $225 per tree. Therefore, it would cost the $450 to remove and replace each of the 64 existing Ficus trees. This would amount to a $300 per family assessment. The residents cannot afford this bill. Mr. Wolfe requested that the City allow this community to replace these trees with native trees (Buttonwoods and Palm trees) over a period of a few years. ]:n response to Mayor Taylor, Attorney Cherof advised that there might be some inequity in the formula the Code provides where you must match the value of the new tree to the value of the removal. He offered to review this section of the Code to see if there is any flexibility in the language. Henrietta Solomon, 230 NE 26th Avenue, feels immorality and lack of ethics has permeated this City. She has learned that the Mayor sent out a political letter asking people to vote for unlimited terms of office. The Mayor is aware that a disclaimer is required on political advertisements. :In addition, City funds were used to do this. Ms. Solomon said she is aware that it is permissible for the City to send out information on issues on the ballot. However, the City cannot send out a letter telling people how to vote. Since City money was used, City stationery should have been used. She questioned who authorized the use of this money, and hoped the other Commissioners were informed of this action and agreed with it. Ms. Solomon said the reason people want term limits has nothing to do with whether or not this Commission is doing a good job. Ms. Solomon recommended that the Mayor send out a letter to the same people who received the first mailing excusing himself to them and explaining his error. She feels the Mayor should pay for that mailing and repay the City for the first mailing. Attorney Cherof advised that he received a number of comments on this subject today. The publication in question is an informational document generated by the City and signed by the Mayor. ]:t is within the parameters permitted for providing information to the public regarding the referendum. :It is not directed and does not urge anyone to vote for or against. Attorney Cherof reviewed the document and it is clearly within the parameters permitted under law and expressed by the Supreme Court in the case involved in Leon County dealing with the same type of subject matter. Ms. Solomon explained that according to the Supervisor of Elections, the last part of the letter stating vote "Yes" for these things is not informational in nature. ]:t is political. l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 Attorney Cherof advised that the language expressed by Ms. Solomon does not appear in the publication. Tf that is what the Supervisor of Elections based her opinion on, she would be incorrrect. Mayor Taylor advised that he did not send out a letter that addresses only term limits. The letter addressed all seven ballot questions. ]~t was an information letter. He would have liked it to be more positive and political in nature. The City Attorney edited the letter and requested that the Mayor be more conservative in his approach to make it informational. Mayor Taylor said he researched this issue to make sure he was on legal ground. He read the following Supreme Court decision on a similar case: "The most we/ghty of patrons allegab'ons appears to be the fact that local government agenc/es used publ/c funds and pubh'c resources to mount an /nformat/ona/ campa/gn regard/ng the referendum. There were some crit/ca/ issues facing the commun/ty that needed to be addressed. The community needed to know what those/ssues were, and it was important that we got that informat/on out to the commun/ty, that we make those choices c/ear to the commun/ty. Other w/tnesses test/t/ed that County or, ce equ/pment was used in th/s campa/gn and that many County employees ass/sted at the proceeding be/ow. Patrons' counsel argued that such acts were improper because they v/o/ated the neutral forum of the election. The Court sa/d such a pos/b'on /s tantamount to say/ng that government or, c/als may never use the/r of~ces to express the opin/on about the best/nterests of the commun/ty s/mp/y because the issue/s open to debate. A rule to that effect would render government feckless. One duty of the democratic government is to lead the people to make /nformed cho/ces through fa/r persuas/on. Local governments are not bound to keep s/lent /n the face of controversial vote that w/Il have profound consequences for the commun/t~. Leaders have both a duty and a right to say wh/ch course of act/on they th/nk best, and to make fa/r use of the/r of~ces for th/s purpose. The people e/ect government /eaders prec/se/y for th/s purpose. " Mayor Taylor said he addressed all seven questions in his letter, and informed the public that they would have the choice to vote "Yes" or "No". Tn the last sentence of the letter, he told the people what a "Yes" vote would mean. Tn his opinion, this was an informational letter and he will defend it. Mayor Taylor believes the City Commission should have spent more money to promote this information to the public. Tn Mayor Taylor's opinion, he is not a candidate nor is the City of Boynton Beach a political candidate. Therefore, there are no campaign funds available for this purpose. Mayor Taylor is hopeful there will be more publicity on this subject so that people know what they are voting for on March 10th, Commissioner .laskiewicz advised that she and Vice Mayor Titcomb attended a workshop where one of the issues dealt with ethics and charter changes. The participants were encouraged to disseminate information. Commissioner .laskiewicz was in favor of a town meeting to discuss these issues but realized that method would not reach the entire population. She feels the residents have a right to know about something that will affect them in the future. ll MEETING MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOR/DA MARCH 3, 1998 Cynthia Kimball, Vice President of Cherry Hill Association, invited everyone to attend and participate in the Family Tnteraction Baseball Game on March 14th from 1:00 p.m. until 3:00 p.m. Ms, Kimball also asked about who is responsible for cleaning up the lot on NW 13t~ Avenue by the canal. She explained that the northeast side of the canal bank has been beautified and questioned what would need to be done to beautify the northwest side. ]john Wildner, Parks Superintendent, advised that Ms. Kimball was referring to Palmetto Greens Park that is southeast of the canal. The property Ms. Kimball was referring to is South Florida Water Management District right-of-way. Dorothy Davis, 2731 NW 2nd Street, reemphasized Ms. Kimball's invitation to the Family Tnteraction Baseball Game. She urged other associations around the City to support this activity. Lee Wische, 1302 SW 18th Street, announced a Candidates' Forum to be held at Boynton Beach Leisureville on Friday evening, March 6, 1998 at 7:00 p.m. All candidates have been invited and it is open to the public. On Sunday evening March 8th, Palm Beach Leisureville will hold Meet the Candidates Night. All candidates have been invited and it is open to the public. Comm/ss/oner Jaskiew/cz requested that the d/scussion o£zi# codes be moved up on the agenda. Motion Vice Mayor Titcomb moved to move up Ttem XTT.B. Commissioner Bradley seconded the motion that carried unanimously. XZZ.B. Discussion on Zip Codes Commissioner ]jaskiewicz reminded the Commissioners that approximately two years ago, she made an announcement about a discussion with Postmaster Mays who agreed to accommodate all of Boynton Beach with zip codes. Since that time, she has followed up with correspondence confirming the conversation, and nothing has transpired. Residents have been expressing concern about this situation because they are required to have Boynton Beach, Lantana and Lake Worth in their addresses in order to receive their mail. Commissioner ]jaskiewicz is trying to make an appointment with Mr. Breckenridge to discuss this matter. Commissioner ]jaskiewicz requested the support of the Commissioners and reporters in the audience to determine why our residents cannot get a Boynton Beach address. Sandy Hu_a_a. 73 Cedar Circle, has resided in the Meadows for two years, She was told to use Lake Worth or Lantana as her mailing address in order to have mail delivered correctly. .lack Wolfe said this project began when there was only one post office in this vicinity. The post office is under the jurisdiction of the postal district in Atlanta, Georgia. He has visited the 12 MEETI'NG MI'NUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA MARCH 3, 1998 Postmaster 71 times over the past 10 years trying to change the zip code from Lantana/Lake Worth to Boynton Beach. Mail delivery in this area takes one to three days longer than in other areas. Mr. Wolfe was advised that to do anything further, he would have to contact the Area Manager in Atlanta, Georgia. He urged the Commissioners to help. Commissioner .laskiewicz further advised that one of the County Commissioners recently expressed concern because tax revenues are collected and distributed on the basis of zip codes. Tf that is the case, it would have a serious impact on the City of Boynton Beach. Mayor Taylor feels this problem needs to be brought to the attention of Representative Wexler to see if it can be resolved at the national level. Commissioner Bradley also recommended contacting Congressman Mark Foley. VTT. PUBLTC HEARTNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Attorney Cherof administered the oath to all who would testify during the following proceedings. Project: Agent: Owner: Location: Description: First United Methodist Church Robert Hall David Lynch (Trustee) 101 North Seacrest Boulevard Request to abandon a portion of a certain 20.8 foot wide alley lying in Block 8 of the Plat of Boynton Heights Addition to the Town of Boynton, Florida, as recorded in Plat Book 10, Page 64 Michael Corbett, Architect, announced that Robert Hall was present in the audience. Mr. Corbett is the agent for this project. He confirmed agreement with all staff comments and the Planning & Development Board's recommendations. Ms. Heyden confirmed that Mr. Corbett is the agent rather than Robert Hall as stated on the agenda. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATiON, Motion Vice Mayor Titcomb moved approval. Commissioner Tillman seconded the motion that carried unanimously. 13 MEETING MINUTES REGULAR cz'rY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 Project: Agent: Owner: Location: Description: Grand Park ALF of Boynton Beach Gregory Mildos of Miklos and Associates Norman ]. Michael, Milnor Corporation Southwest corner of S.W. 13m Street and Golf Road Request for abandonment of a utility easement 10.0 feet in width lying in Tract 4 of the plat of Golfview Harbour 3"~ Section as recorded in Plat Book 30, Pages 119 and 120 of the public records of Palm Beach County. Gre~] Miklos, 2263 Northwest Boca Raton Boulevard, confirmed acceptance of staff's comments. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Commissioner Tillman moved approval. Vice Mayor Titcomb seconded the motion that carried unanimously. Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Request for conditional use Alzheimer care living facility approval to construct a 48-bed Ms. Heyden advised that the applicant has requested postponement of this item until the meeting on March 17m. Motion Vice Mayor Titcomb moved to postpone this item until March 17th. Commissioner Bradley seconded the motion that carried 5-0, VIII. BIDS: None IX. DEVELOPMENT PLANS: None 14 MEETZNG MZNUTES REGULAR C:[TY COMMTSSZON BOYNTON BEACH, FLORIDA MARCH 3, 1998 X. NEW BUSZNESS: Set public hearing date in mid-April to elicit public comments regarding removal of nonconforming signs by December 31, 1999 and implementation of a Code to require upgrading of landscaping City Manager Willis recommended conducting a workshop meeting to elicit input. Following the workshop meeting, this issue will be addressed at a regular meeting for a decision by the Commission. Consensus There was a consensus of the Commission to conduct this workshop meeting on April 234 at 6:30 p.m. in the Library Program Room. Ms. Heyden advised that a complete list of nonconforming signs will be prepared shortly. :If it is the Commission's desire, staff can personally invite the people involved. Commissioner .laskiewicz would like the people affected by the landscape upgrading issue to be notified of the meeting. Mayor Taylor suggested contacting the Chamber of Commerce to put a notice of this meeting in their bulletin. A notice will also be published in the City's 20/20 Visions Newsletter. B. Consider request for funds from Atlantic High School for Project Graduation Motion Commissioner .laskiewicz moved to donate $2,000 to Atlantic High School Project Graduation. Commissioner Bradley seconded the motion. Commissioner Bradley questioned whether or not the City of Delray Beach is planning to make a donation to this project. No answer was available. However, Mayor Taylor felt it was a worthy cause to donate to an alcohol-free graduation. Therefore, regardless of what the City of Delray Beach does, he will support this $2,000 donation from the City of Boynton Beach. Vice Mayor Titcomb suggested matching a donation from the City of Delray Beach up to $2,000. Mayor Taylor recommended donating the $2,000 and challenging the City of Delray Beach to match our donation. The motion carried. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 C. City Manager's Evaluation Mayor Taylor reported that Kerry Willis has been City Manager for one year. At this time last year, the City was in the process of implementing the goals and objectives of the Visions conference. Several key management positions were vacant and there were key issues that needed to be addressed. Some of those issues were controversial. When Kerry Willis interviewed for the position, she acknowledged the challenges and felt her job experience and knowledge were equal to the task. The following is a list of City Manager Willis' accomplishments during the past 12 months: She hired Bill Bingham as Fire Chief, and Milan Knor as Development Director. When he passed away after only two months on the job, she hired Bulent Kastarlak. She also hired Larry Roberts, Public Works Director. · She took on Visions objectives and put together a task force that developed "Quick Victory" ideas, Trees were planted in Cherry Hill, and we participated in Project America Clean-Up. She has been involved with DOT on the bridge project. Because of City Manager Willis, we will have underground utilities from the bridge. :In addition, we have the newest traffic signals on Boynton Beach Boulevard and Ocean Avenue. She is working on a complete bike path project that will unite all of the downtown and marina area. · She originated the Citizens Action Center to receive and process complaints and respond within 24 hours. · She developed a program of putting department supervisors at City Hall in the Mall to provide direct contact with the public for citizen input. · She opened City Hall from 7:30 a.m. until 5:30 p.m. for business hours to make it more. user-friendly. She worked diligently to help the City acquire a lobbyist who was instrumental in obtaining our high school. She has set up a design committee that is accepting design input from the citizens about the high school. · With the assistance of Hank Ackermann, Neighborhood Project Specialist, she has increased the neighborhood associations dramatically. She has undertaken a Pay and Classification Study in the City of Boynton Beach. This will result in a new approach to union negotiations that will be non-controversial. This will help to establish pay scales so that employees will know what they will be earning in years to come. · She reviewed and updated the Emergency Management Plan and did a practice run from the Emergency Operations Center. 16 MEETZNG MTNUTES REGULAR CZ'I'Y COMM]:SSTON BOYNTON BEACH~ FLOR]:DA MARCH 3, 1998 · She brought about the employee policy manual so that if Civil Service is eliminated, employees hired after that time will be governed by the new policy. She took control of the indoor air quality situation and brought that situation to a close. The remediation is now complete in the City of Boynton Beach. · With respect to the Children's Museum, we went out for bids and now have the interior plan. Fundraising is in progress at this time. · Under her management, CRA meetings have been formalized. · Under her direction, consultants were hired for the master plan. They are on time and meeting with the public. · A trash cart program for neighborhoods was implemented and is being tested in two neighborhoods to help beautify the neighborhoods and result in cost savings for the City. · The Green Market was instituted under her direction. · There were no new taxes in the budget for her first year. The millage rate remained at 7.9251% which was the direction of the Commission. · She instituted the Early Retirement Program that was a volunteer reduction in the workforce resulting in significant cost savings. She established and organized a retirement recognition dinner dance that honored the employees who retired. · She developed a work plan for the newly-created Entitlement Program. · She took a strong position on demolition of Code violation properties. · She serves on the Palm Beach County Municipal League Tssues Forum · Under her direction, an annexation study was done that offers options to the City of Boynton Beach. · She attended the Florida Public Pension Trustee School that updated her knowledge of pension matters. She serves on the Employees' Pension Board. · She expanded the Shopper Hopper Program that increased ridership. · The IVlangrove Park dedication and opening took place under her administration. · The City's newsletter was developed under her management and it is sent to every resident in this City. t4EETTNG MTNUTES REGULAR CZTY COMHTSSZON BOYNTON BEACH, FLORZDA MARCH 3, '1998 · She organized a Labor Management Team that worked on the development of the Personnel Policy Manual update. This was a beginning of the team-building activities. She developed a budget that reflected policy directives and sets goals and objectives of each government operation and its major expenditures. Tt was easy to read and comprehend. · She emphasiZes customer service and sets the tone for the citizens. · She has brought a "Progressions" planning program to the employees free of charge. This group reviews financial matters with the employees. · For the first time in many years, non-union employees were given a 5% raise. · She completed the Citizens Police Academy. She has taken on the Gateway Boulevard project. We had received $750,000 from the County. That amount fell short of our requirements. City Manager Willis worked with staff in the County and we have been promised up to $1.3 million. · She conducted a Town Meeting at City Hall in the Mall. · She reorganized City departments that will result in a saving of $400,000 this year and $1.2 million within the next two to three years. · She provides weekly written detailed reports to the Commissioners to describe what was done during the week. Mayor Taylor reminded everyone that City Manager Willis would be the first to admit that the work accomplished was a team effort. She believes in team building and teamwork. The City Manager is answerable to the residents, her staff and the City Commissioners. Her performance has indicated service to all groups. Mayor Taylor rates City Manager Willis' performance outstanding and recommends a salary increase of a minimum of 5.9% from $85,000 to $90,000. Tn addition, City Manager Willis has been selected to attend an advanced management school at Harvard. Only 1% of applicants nationwide are selected for this training. As a bonus for performance, Hayor Taylor recommended that the City pay the cost of tuition in the amount of $8,000 with the stipulation that if the IVlanager leaves the City's employ for her own reasons for a period of two years following completion of this course, the tuition cost would be prOrated. Commissioner .laskiewicz was aware of the managerial evaluation provided. However, she based her evaluation on the interview questions that were asked of City Manager Willis last year. Tn every area that was addressed at that time, City IVlanager Willis carried through with her responses. Commissioner .laskiewicz is also very pleased that the City's services have improved without raising taxes. Tn addition, we have increased the City's reserve to 20%. MEET1'NG M1'NUTES REGULAR CTTY COMM?SSTON BOYNTON BEACH~ FLORZDA MARCH 3, 1998 Commissioner Tillman was in agreement with everything that was said. He felt that the City was in dire straits a year ago. When City Manager Willis joined the City, there was a house on Seacrest Boulevard that needed to be removed. Within a short period of time, the house was demolished. She is a team player and without her, all of the positives would not be obvious. He thanked City Manager Willis for the past year and hopes there will be many more. Vice Mayor Titcomb agreed with Mayor Taylor's remarks and acknowledged the fact that City Manager Willis does not like to take credit for the things she does. His personal relationship with City Manager Willis on a weekly basis has been very informative and gratifying. He will support the Mayor's recommendations. Commissioner Bradley advised that his comments are included in the evaluation that he would give to City Manager Willis. City Manager Willis thanked the Commissioners and reminded them that a tremendous team effort went into all of the accomplishments over the year, Everyone has had a part in setting the policy and steering the course in implementing the administrative direction and getting the job done. Everyone of the employees deserves credit for caring and making a difference out in the field. She thanked everyone. Motion Commissioner Tillman moved to accept the Mayor's recommendations. Vice Mayor 'l~tcomb seconded the motion that carried 5-0, D. Temporary Outdoor Sale of Merchandise Staff has found a procedural inconsistency in the Code with respect to outdoor sale of merchandise and special events. This was brought to staff's attention when a permit was received in the Building Division for a tent for Home Depot for carpet sales in their parking lot for a period of 17 days. The permit was properly denied based on the zoning code that allows only outdoor retail sales by not-for-profit organizations. :In the C-3, C-4 and PCD zoning districts, exterior storage or display of merchandise is permitted only if owned by the operator of the business occupying the building on the property, and if the merchandise is the same type sold inside the building. ~[n addition, these sales cannot exceed 18 hours per day for a maximum of seven calendar days per year. If this request is classified as a special event, the Code is silent. The Occupational License Code conflicts with the zoning Code in that for the payment of a $140 license fee, the applicant is allowed a grand opening, sidewalk sales, special promotion, festivals, carnivals, etc. Under that umbrella, we have allowed art and craft shows sponsored by shopping centers and show and festival promoters as well as outdoor sale of holiday merchandise. Staff would like to amend the Code to address this conflict and the Home Depot situation. Staff would like policy direction from the Commission regarding the following: 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 Whether the Commission wishes to require Commission approval for special events; Whether the Commission wishes to restrict who can sell outdoor merchandise (non-profit organizations vs. anyone with property owner's approval); and Whether the Commission wishes to limit the outdoor sale of merchandise to only holiday merchandise. Staff recommends that the merchandise be limited to holiday merchandise that can be sold by anyone with the property owner's approval. This would continue to allow the car and art shows. This would also prevent unattractive merchandise from public view and would help to prevent circumventing of the Occupational License fee that is based on the value of the inventory in the building. Commissioner Bradley questioned whether the term "holiday" has been defined. Attorney Cherof advised that we would have to list specific holidays. Ms. Heyden reported that after surveying other cities, she learned that only unincorporated Palm Beach County has no restrictions. Mayor Taylor requested that copies of the information Ms. Heyden had available on this issue be forwarded to the Commissioners for review and discussion at the next meeting. Commissioner .laskiewicz feels this request is impossible to approve because of the lack of parking at this location. With the advent of Burger King and Discount Auto, it is very difficult to find parking at Home Depot. Home Depot has a carpet department inside the store. Therefore, they do not need a tent in the parking lot to sell additional carpet. Ms. Heyden advised that this request was turned down based on the existing Code. This event is scheduled for a week from Friday and the business owner needs to order the merchandise. Bruce Black, 229 SW Ist Avenue, said this is not an extension of Home Depot's business. No merchandise from inside the store is being brought outdoors for sale, The purpose of the request is to sell Oriental rugs. The supplier offered Home Depot a good price to introduce the new product line. There is no room available inside the store for this purpose. Commissioner .laskiewicz pointed out that if this request is granted, much needed parking spaces will be consumed by this tent sale. She cannot support approval of this request because it is detrimental to the entire area. Mayor Taylor suggested that Mr. Black contact Michael Morton to see if he can get authorization to place the tent on the vacant lot. 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA MARCH 3~ 1998 Vice Mayor Titcomb agreed with Mayor Taylor that this issue needs further study so that we can craft a policy that will work across the board, He also expressed concern about the City defining what a holiday is. He feels we should formulate a cohesive policy that is easily administered by staff. When questioned by Commissioner 'rillman as to whether we have anything on the books regarding weekend sales, Ms. Heyden responded negatively, Consensus There was a consensus of the Commission to study this further. At this point, the request cannot be approved because it might set a precedent. XI. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-09 Re: Deleting Article VT. Newsrack Regulations, in its entirety, reserving Sections 15-80 through 15-88, creating a new Article VI. Newsrack Regulations (TABZ£D FA~OM 2/.~7/98 CXTY COMM.~SSXON MEETXNG) This item remained on the table. Proposed Ordinance No. O98-:L0 Re: Authorizing certain actions as incentives to economic development and the creation of jobs within the City City Attorney Cherof read Proposed Ordinance No. 098-10 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARTNG. THERE WAS NO ONE PRESENT WHO WTSHED TO SPEAK ON THTS ORDTNANCE. Mayor Taylor advised that he received a telephone call from the newspaper because they thought this item was related to BE Aerospace. Mayor Taylor explained that there was no relation between this Ordinance and the BE Aerospace situation. City Manager Willis confirmed that there is no relation between the two. We are working to create the CRA Plan. We did not have a tool that was non-specific to a certain site. This will provide a general tool for the economic development incentive issue. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 098-10. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. t4EET'rNG t4TNUTES REGULAR CTTY COt4PlTSSTON BOYNTON BEACH~ FLORIDA I~IARCH 3~ 1998 Proposed Ordinance No. 098-11 Re: Amending Chapter 1, Article TI of the LDRs to add definitions for terms pertaining to floating homes and moorage, amending Chapter 20 of the LDRs and creating Article X, "Floating Homes" and Article XT "Mooring Structures" Attorney Cherof read Proposed Ordinance No. 098-11 by title only. Attorney Cherof advised that on Page 3, Subparagraph 2, under Certification, there is a requirement for the Commission to establish the initial fee for certification or recertification to a dollar amount. He suggested that the Commission reserve that decision at this time and indicate that the fee will be established by Resolution. Commissioner 3askiewicz recalled that this issue arose when the Commission addressed some concerns expressed by residents of a particular area. She questioned how those concerns related to this Ordinance. Attorney Cherof explained that the origin began with a single boat which is not specifically addressed in this Ordinance. However, it is responsible for the concepts in this Ordinance. When staff researched the Code, these concepts were not addressed. The particular boat is moored in the Tntracoastal Waterway and beyond the jurisdictional powers of the City. When Commissioner 3askiewicz questioned the locations where these vessels would be acceptable, Attorney Cherof explained that the area that has been defined as permissable for these vessels would be in any commercial marina lying in the C-3 or CBD zoning districts, licensed yacht club or waterways adjacent to CBD. Commissioner 3askiewicz was of the opinion that we were going to try to discourage all live aboards. She is hopeful this will not open the door to floating homes. Furthermore, the homeowners in the area have no protection. Mayor Taylor advised that we are not trying to discourage live aboards that comply with the Code. Commissioner Bradley further pointed out that we cannot arbitrarily outlaw something. We are trying to get some teeth into a law that will allow Code Compliance to inspect these vessels and cite them. Attorney Cherof explained that with this Ordinance, we are establishing the proper legal requirements for moorage and floating homes. Tn the future, staff will come back to the Commission with restrictive Ordinances indicating what is not legal so that people occupying vessels that are not in conformity with this Ordinance have a tool to use toward compliance. Vice Mayor Titcomb said Section 2, Item "d" refers to inboard sewage devices. He questioned whether this section is compatible with federal jurisdiction in terms of pump-out and holding tanks. Attorney Cherof responded affirmatiVely. 22 MEETING MINUTES REGULAR CITY COHMTSSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 3ames Hiriana, 728 NE 6~ Avenue, reminded the Commissioners that this came about because of the houseboat that has been moored at the base of NE 9th Avenue. Several attempts have been made to inspect the vessel. The owner is being abusive and this is not good for the development of any waterfront property. The Commission should investigate this further. Herb Suss, a new resident of Boynton Beach, is a former boat owner. He feels the Commission should investigate this issue carefully and move forward slowly. This is an issue that can affect property values. Bulent Kastarlak, Director of Development, said houseboats and vessels are not built like houses. For that reason, the field inspectors may not be familiar with their construction techniques. He would like an opportunity to meet with the City Attorney to expand this area further. He feels it is difficult to predict how the Code can be applied. Mr. Kastarlak recommended that the Commission table this item for two weeks. Motion. Vice Mayor Titcomb moved to postpone this until the next City Commission meeting to allow for more staff input. Commissioner .laskiewicz seconded the motion. Commissioner Bradley felt staff comments should have been provided much sooner. He felt it was an embarrassment for the City to hear these comments at this point. When Mr. Kastarlak said he did not have the marine standards available and could not get them at a moment's notice, Attorney Cherof explained that the preparation of this document had been ongoing for a number of weeks. Mayor Taylor feels this is a first step. This Ordinance can always be amended as we move forward and as staff provides recommendations. Attorney Cherof said he was careful to touch only on basic building requirements and to link those requirements to the Codes where the department is enforcing the Standard Building Code. Adjustments can be made in the future. Vice Mayor 'ritcomb explained that when this Ordinance first surfaced a month or two ago, he was concerned that it would work against some of the Visions work and marina work in the CBD. When he read this Ordinance, his concern was alleviated. Tn addition, he does not object to postponing this item for two weeks to allow staff to offer additional input. City Clerk Sue Kruse polled the vote. The vote was 3-2. (Commissioners Bradley and 'lqllman dissented.) B. Ordinances- 1~ Reading None 23 MEE1/NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA MARCH 3, 1998 C. Resolutions: None D. Other: 1. Topless Bars Commissioner .laskiewicz questioned whether it is permissible to prohibit liquor in topless bars. She further inquired as to whether or not this type of activity could be prohibited by Ordinance within a certain proximity to homes. Commissioner Bradley said the City has a Code that allows topless bars in industrial zones only. Attorney Cherof added that distance requirements are difficult to enforce. However, he offered to review the Code. He will provide an update by the next meeting. XZI. UNFTNISHED BUSINESS: A. Update on Community Development Corporation (CDC) Office requested by Mayor 3erry Taylor (7',4BZ£D ,47'2/I~/96' C'2TT' COMMX$$XON M££7-XN~) Motion Commissioner Bradley moved to remove this item from the table. Commissioner Tillman seconded the motion that carried 5-0. City Manager Willis reported that she and Wilfred Hawkins visited this location to make sure progress is ongoing. The interior project is moving along and we are anxious to see that progress expanded outside. Art Matthews, 1262 Gondola Court. said he has worked diligently with the contractors and told Don Johnson they were doing all they possibly could do to renovate the site as quickly and beautifully as possible. He admitted that there was a situation the board has rectified in terms of a shortfall of funds. The contractor has assured Mr. Matthews the project will be complete by March 31~. This date is very important because all projects that were in existence prior to that date must be terminated by March 31~. The funding will be cut at that time. All of the necessary adjustments have been made and all of the staff is aware that all funding requests must be into HCD prior to March 31st. Mr. Matthews reassured the City that this project will reflect positively on the City. Mayor Taylor questioned the total amount of money allocated for this project. Mr. Matthews advised that $90,000 has been allocated for this renovation. To date, approximately $50,000 has been expended. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 3, 1998 Erovn Girtman, 1920 NE 1st Lane advised that the additional expenses are expected to come in next Monday. The current bills will be routed to Mr. Harvin tomorrow. Mayor Taylor said it has been two years since the inception of this project. As of three or four weeks ago, there was no obvious difference to the outside of the building even though it is now understood that work was ongoing inside the structure. As of this week, there are visible changes to the exterior. Mayor Taylor was concerned when he spoke with Mr. Harvin and learned that very little money had been expended on this project. In addition, if the money is not expended by March 31~t, it will be lost. He is concerned that this project will not meet the completion date of March 31s~. Mr. Matthews said he has commitments from everyone that the money will be spent and the property will be renovated to a level the community will be proud of. Mayor Taylor reminded Mr. Matthews of a previous discussion with him relative to a $4,000 electrical problem. He requested that Mr.. Matthews provide an update on that issue. Mr. Matthews said that when he met with Mr. Harvin, adjustments were made within the building to cover the cost of the lighting. They used the money differently. Mr. Girtman added that they eliminated some of the cabinets and used those funds for the electrical problem. This was the only deficiency and it has been taken care of within the budget. There are no financing problems. Mr. Girtman said the project would be completed on March 31st. Mayor Taylor said Mr. Matthews indicated during a previous conversation that the City was presenting problems with permits for this building and this was resulting in delays. Mr. Matthews said he has been to the Commission previously for the permit. The people who were hired to get the permits thought they addressed issues with staff only to find out that those issues needed to be readdressed. This presented time delays. Mr. Girtman added that the planning and permitting processes duplicate themselves. The applicant is doing the same thing over and over again. He appealed to the Commission to help them get through this permitting process. He also added that there are other issues on this corner that he will bring to the Commission. The trailer houses must be addressed. He appealed to the Commission to help them get some trees on the corner of this site. Mayor Taylor reported that a facility for Motorola in Quantum Park was built from shovel in the ground to completion in less than six months. This building in question already existed. Both projects had to go through the same processes. Commissioner .laskiewicz reported that when Mr. Girtman called her to express his concerns about the delays, she visited the Planning DivisiOn and relayed these concerns to the City Manager. Mr. Girtman provided her with a chronology of the events. However, when an inspection was made on several occasions, there were corrections that were required. Those corrections are the responsibility of the applicant and they cause delays. Mr. Girtman said this is a cumbersome process and it takes a long time to get through the process. 25 t4EETZNG lUlTNUTES REGULAR CZTY COMI~ITSSZON BOYNTON BEACH, FLORZDA MARCH 3, 1998 Mr. Matthews said he is gratified to report that the CDC and the City developed Palmetto Greens Park. He was of the opinion that the City had an extension of that park for the western side of the waterway. He would be happy to work with the City in improving the western Palmetto Greens Park. B, Discussion on ZJp Codes This item was addressed earlier in the meeting following Public Audience. XZTZ, OTHER: None XZV, AD.1OURNNENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:55 p.m. QTY OF BOYNTON BEACH Mayor ~ce ~a¥or J / A~E~: Commissioner 'Cit~lerk (Four Tapes) 26 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE * CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grand Park at Boynton Beach APPLICANT'S AGENT: Gregory Miklos of Miklos and Associates, Inc. APPLICANT'S ADDRESS: 2263 N.W. Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF RATIFICATION BY CITY COMMISSION: March 3, 1998 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: S.W. Corner of S.W. 13th Street and Golf Road 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 ' ~ City Clerk ~ J:~SHRDATA~Planning~S~RED~Proje~s~Grand Park~P~DEVELOPMENT ORDER REV. doc ~llllllllllllli~ EXHIBIT "C" Conditions of Approval Project name: Grand Park of Boynton Beach File number: NWSP 97-022 Reference: The plans consist of 16 sheets identified as 2nd Review, New Site Plan. File # NWSP 97-022 with a January 12, 1998 Planning and Zoning Department date stamp marking PUBLIC WORKS Comments: 1. The recommended inside dimension for any dumpster enclosure is a 10 X feet wide opening for a sanitation truck to enter the enclosure. The enclosure for this site is for two dumpsters and would require a 21 feet wide opening; 10 feet on each side. UTILITIES Comments: 2. All utilities easements shall be shown on the rectified landscaping X drawings so that the Utilities Department may determine which trees interfere with utilities. In general, palm trees shall be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR, Sec. 7.5- 18.1 gives public utilities the authority to remove' any trees that interfere with utility services, either in utility easements or public rights-of-way. 3. Department of HRS permits will be required for the water and sewer X systems serving this project. (Sec. 26-12). 4. Fire flow calculations will be required demonstrating the city code X requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Submit these calculations with the HRS permit submittal for the project. 5. Sec. 26-34(E) of the city code requires that a capacity reservation fee be X paid for this project either upon Utility Department request for signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be $2,106.72, based upon one, 2 inch meter. 6. Comprehensive Plan Policy 3C.3.4 requires the conservation of potable X water. City water may, therefore, not be used for irrigation where other sources are readily available. 7. The Utilities Department will not require surety for installation of the X water and sewer utilities, on condition that the systems be fully completed, and given to the city before the permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Page 2 Grand Park at Boynton Beach File No. NWSP 97-022 DEPARTMENTS I INCLUDE [ REJECT certificate of occupancy 8. Water meter sizes are smaller than normally installed for a building of X this size and type. Provide engineering calculations justifying the size of the meter specified. FIRE Comments: 9. The Fire and Life Safety Division requested that a hydrant on the west X side be moved to the ease side of the service road. This correction needs to be shown on the plans (hydrant marked #2 on the plans). 10. The access road around the perimeter must be signed and labeled as a X fire lane. [LDR Chapter 4, Section 7.B.2 and Chapter 23, Article II.M.] POLICE Comments: 11. Handicap spaces shall be designated to meet code. X 12. Install "DO NOT ENTER" signs where one-way fire entrance and X parking area meet. 13. Provide a stop sign and stop bar for northbound travel at the north end of X the landscaped island where crossover (left turn) to access covered entry Occurs. 14. Provide a "DO NOT ENTER" sign for eastbound travel from stop sign to X prevent wrong way entry to covered entryway. ENGINEERING DIVISION Comments: 15. Tract 4 of Golfview Harbor (3rd Section) has been divided. Need to plat X the site or apply for a waiver of platting to the Director of Development as outlined in LDR Chapter 5, Article II. 16. Show stop sign and stop bar at northwest parking lot. Stop bar is in X wrong lane at egress. [LDR Chapter 4, Section 7.B.2.] 17. Add "One Way" signs and "Do Not Enter" signs at circular drive and X 14'-0" driving lane to the west of the circular drive. Also, add a "Do Not Enter" sign at the southwest end of service road. [LDR Chapter 4, Page 3 Grand Park at Boynton Beach File No. NWSP 97-022 DEPARTMENTS I I Section 7.B.2.] 18. Extend the sidewalk along the east property line to the southern X boundary around the cul-de-sac. [LDR Chapter 6, Article III, Section II.] 19. Provide county permit for construction on Golf Road. [LDR Chapter 23, X Article II.H.6.] 20. Show on plans striping necessary for passenger loading zone. [Florida X Accessibility Code 6.2 and 4.6.6.] 21. Swale needs to be installed and sodded on the west side of S.W. 13th X Street and cul-de-sac needs to be completed. Provide a detail. [LDR Chapter 6, Article III, Section 12.] 22. Sidewalk adjacent to handicap stall is in conflict with adjacent stall. X Provide accessible route from access aisle to crosswalk. [Florida Accessibility Code] 23. Install yellow diagonal striping with the words "Emergency Vehicles X Only" in the loading zone area. 24. In the southwest parking lot, at the southeast comer, remove stalls 54 and X 55 to avoid backing out into a drive lane. [LDR Chapter 23, Article II.1.2.] 25. Reduce the width of the landscape area to the west of the ingress lane to X eliminate offset to the left, which will now align with island to the south. [LDR Chapter 23, Article II.B. 1] 26. On the "Typical Parking Stalls" detail, show double stripes for both X standard stalls and mark "Typical". [LDR Chapter 23, Article II.L] 27. Based on 57 parking spaces, provide 3 handicap stalls [page 16 of X Accessibility Code]. Consider 4 handicap stalls due to the nature of the development (see i. on page 17 of the code]. 28. 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, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other permitting agency should be included with your permit request. Page 4 Grand Park at Boynton Beach File No. NWSP 97-022 DEPARTMENTS 29. Provide an engineer's certification letter stating that drainage complies X with City of Boynton Beach codes. [LDR Chapter 4, Section 7.F.2.] BUILDING DIVISION Comments: 30. To determine whether the size of the proposed monument sign is in X compliance with the code regulations, add to the sign elevation drawing found on SP-1 dimensions and total area computations for the granite finish surface area and the length of the second line of copy shown on the sign. The maximum total sign area allowed by the sign code is 32 square feet. Also specify, with notes, on the sheet whether the proposed sign is illuminated. If it is, specify the location and type. Amend the plans accordingly. [Chapter 21 - Sign Code3, Article IV, Section 1 .] 31. Correct the inconsistency regarding the gross floor area. Sheets SP- l, A- X 1, A-5, P/D-1 and sheet W/S-1 have conflicting area data. 32. Add to the site plan and paving and drainage plan notes and symbols that X will identify and represent the location of the accessible route that is referenced on sheet SP-1. Delineate the location of the curb ramps identified on sheet P/D-1. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 33. To clarify the location of the hedge with respect to the fence add the X property line to the "Section at "Berm" detail drawing found on sheet SP-1. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 34. The applicant has not shown the replacement trees on the landscape plan X for the existing trees that will be removed for the project. These trees should be placed along the south property line in the landscape buffer between the project and the adjoining residential properties. The landscaping in this buffer should be maintained in an informal manner to provide maximum visual screening for the adjoining residential properties. Code of Ordinances, Environmental, Chapter 7.5, Tree Protection. I Page 5 Grand Park at Boynton Beach File No. NWSP 97-022 DEPARTMENTS I rNCLUDE [ PLANNING AND ZONING Comments: 35. Lighting shall be shown as required by LDR, Chapter 4, Section 7.B.2, X on both the site plan and landscape plan to eliminate potential conflicts with landscape material and existing or proposed on site easements. 36. Provide a clause on the survey stating that the property was abstracted X for rights-of-way and easements as required by LDR, Chapter 4, Section 7.A. 37. On the landscape plan, provide a tabular summary of the planting X material to include a "landscape material required by the code" category. Also, provide relevant calculations for this category. For the landscape buffer adjacent to the right-of way and along abutting properties, provide perimeter distances of the parcel for which the landscape buffer material is being calculated (Chapter 7.5, Article II - Landscape Code). 38. Incorporate the above calculation into the tabulation of the landscape X material provided for the site. All native species shall be distinguished from non-native species with a recognizable symbol. Note that the native requirement is fifty percent of the required landscape planting (Comprehensive Plan Policy 4.4.6). 39. In order to achieve a continuity between this development and the X recently approved ACLF to the east, install wax myrtle and live oaks or white cedars along Golf Road (Chapter 9, Community Design Plan, Section 11.A, B and C). 40. Add note to plans indicating that if any roof equipment is visible from X 600 feet, screenings will be provided as required by Chapter 9, Community Design Plan, Section 11.E. 41. The proposed cypress mulch shall be replaced with another kind of X mulch, such as Melaleuca or Eucalyptus, etc. 42. Specify dimensions, building material and color code and manufacturer X for the fence proposed to be located along the north property line as required by Land Development Regulations, Chapter 4, Section 7.B. 1. 43. Provide details of the lighting shields to verify that the on-site lighting X will meet the conditions of the stipulation and settlement agreement. Page 6 Grand Park at Boynton Beach File No. NWSP 97-022 I DEPARTMENTS INCLUDE [ REJECT 44. No building permits will be issued until the design of the required buffer X wall along the south property line, is approved by the Golfview Harbour Estates Home Owners Association, as warranted in the stipulation and settlement agreement. 45. Provide colored elevations of all sides of the buildings. Note X manufacturer's color code for each part of the building on the blueprint elevations. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 45. Reword comment 23 to read as follows: Paint curb and install signs in X lieu of striping with the words "Emergency Vehicles Only" in the loading zone area. 46. Reword comment 44 to read as follows: No building permits will be X issued until the design of the required buffer wall along the south property line meets the language of the stipulation and settlement agreement. The required wall (a fence and hedge may not be substituted for the wall) shall be designed to match the building. ADDITIONAL CITY COMMISSION CONDITIONS 47. T-~a~te'temI~. /{'~r'~ )<5 TJH:dim \\CI-BIVlAI~SHRDATA~PLANNING\SHARED\WPkPROIECTS\GRAND PARKkNWSP\COND. OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall APPLICANT'S AGENT: Thomas E. Sliney, Esq. APPLICANT'S ADDRESS: 2000 Glades Road, Suite 400, Boca Raton, FL 33431-8599 DATE OF RATIFICATION BY CITY COMMISSION: March 3, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance - reduction of parking space ratio LOCATION OF PROPERTY: 301 N. 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 This Order shall take effect immediately upon issuance by the City Clerk. ~' City Clerk -- J:\S HRDATA\Planning~S HARE DWVP~Projects~BBMall~.ncv\D EVELO PMENT ORDER.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other ,,,,,~ EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Mall File number: ZNCV 98-001, Case #249 Reference: Zonin Code Variance a lication submitted Janua 5 1998. DEPARTMENTS PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None ADDITIONAL CITY COMMISSION CONDITIONS 2. m~ ~.~ ~,~:__d ~4/'~- /bme s:~projects~cond of appA INCLUDE X X X X REJECT EXHIBIT -~' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: First United Methodist Church APPLICANT'S AGENT: Robert Hall APPLICANT'S ADDRESS: 3510 Edgar Avenue, Boynton Beach, FL 33436 DATE OF RATIFICATION BEFORE CITY COMMISSION: 3/3/98 TYPE OF RELIEF SOUGHT: Zoning Code Variance - front setback LOCATION OF PROPERTY: 101 N. Seacrest 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 ~ o '... - ' ~ Ci~ Clerk '~,. FLO~.~ J:/SHRDATA~Ianning~S~RED&~r~e~s/lst M~di~ Chur~D~LOPMENT O~DER R~-z~.d~ EXHIBIT "C" Conditions of Approval Project name: First United Methodist Church File number: ZNCV 98-001 -front setback Reference: Zoning Code Variance application submitted January 12, 1998. I 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. Submit a completed unity of title form for all lots owned by church, for X staff review prior to recordation. 2. It is recommended this variance approval be conditioned upon approval X of the church's concurrent alley abandonment application. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. None. X ADDITIONAL CITY COMMISSION CONDITIONS 4. Tc ~; ~ct;;xnlned~/ff~a~'~' /~ TJH:dim J:~SHRDATA~LANNING~SHAREDWV'P\PROJECTS~FIRST UNITED METHODIST~ZNC¥~COND. OF APPROV~d..-ZNCV. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: First United Methodist Church APPLICANT'S AGENT: Michael Corbett APPLICANT'S ADDRESS: 3510 Edgar Avenue, Boynton Beach, FL 33436 DATE OF PUBLIC HEARING BY CITY COMMISSION: 3/3/98 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Abandonment - section of alley 101 N. Seacrest Boulevard SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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 developmentrequested 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 ~.~,,, O, DATED: ~'"~~ ~, /,~,~' _ . . . %. J:~SHRDATA~,Planning~SHARED~WP~orojects~I st Methodist Church~zncv~DEVELOPMENT ORDER REV-aban.doc EXHIBIT "C" Conditions of Approval Project name: First United Methodist Church File number: ABAN 98-001 Reference: Abandonment application submitted January 12, 1998. I DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES I 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. An 11 foot wide utility easement, over the south 11 feet of the alley, shall be X dedicated in the public records to ensure access to existing city utility, overhead power and phone lines. A copy of the recorded easement shall be provided prior to the Commission adopting a resolution for the abandonment. 2. No utility company shall be held liable for the repairs to or replacement of, X any portion of any structure(s) and any repairs to, replacement of, or removal of any structure(s) for the utility company's access to the easement will be done at the expense of the property owner. In addition, no utility company will be held liable for any accidents that could result in any injury or lawsuit. This language shall be included in the recorded easement agreement as requested by the city attorney. Page 2 of 2 First United Methodist Church DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS TJH:dim J:\SHRDATA~LANNING\SHAREDkWP~PROJECTS~FIRST UNITED METHODIST~ABAN~COND. OF APPROVAL-ABAN.DOC - DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~ ~? CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grand Park ALF at Boynton Beach APPLICANT'S AGENT: Gregory Miklos APPLICANT'S ADDRESS: 2263 N.W. Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF PUBLIC HEARING BY CITY COMMISSION: 3/3/98 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Utility easement abandonment Southwest corner of S.W. 13th Street and Golf Road SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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 // City Clerk J:\SHRDATA\Planning\SHARED\WP~Projects\Grand Park~aban\DEV ORDER. doc EXHIBIT "C" Conditions of Approval Project name: Grand Park ALF at Boynton Beach File number: ABAN 98-002 Reference: Abandonment application submitted January 12, 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. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. T.o_t~tt~wa~r,~ ~,~,g ,'~ TJH/dim J:\SHRDATA\PI.ANNING\SHARED\WP~PROJECTS\GRAND PARK'~M~AN-UTILrI"Y EASEMENT~COND. OF APPROVAL--ABAN.DOC EXHIBIT "D" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza APPLICANT'S AGENT: Dom~a West/Camahan-Proctor & Associates, Inc. APPLICANT'S ADDRESS: 6191 West Atlantic Blvd., Margate, FL 33063 DATE OF RATIFICATION CITY COMMISSION: TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): March 3, 1998 Final Plat Approval Southeast comer of Lawrence Road and Hypoluxo Road SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Cormnission of the City of Boynton Beach, Florida appe4ring on the Consent Agenda on the date above. The City Conmfission hereby adopts the findings and recorrmaendation of the Planning and Development Board, which Board found as follows: OR' THIS MATTER came on to be heard before the City Co~m~xission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Co~mnission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Re~tlations. The Applicant v/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, adnfinistrative 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 v/ GRANTED snbjcct to the conditions referenced in paragraph 3 hereofi 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 City Clerk J:~SHRDATA~Planning\SHARED\WP~FORMS~Dev. Orders~DEVELOPMENT ORDER REV.doc ~"/////IiIiililiilBg,\~,\\'¢ EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Type of Development Order (Master Plan, Site Plan or Plat): FINAL PLAT I DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE I Cgmments: None POLICE Cdrmnents: None ENGINEERING DIVISION Comments: 1. Prior to issuance of a development or site permit, the applicant will submit :complete construction drawings acceptable to the City and approved by all TRC members. 2. Prior to issuance of a development or site permit, the applicant will provide the city with copies of all applicable permits from Federal, State, District and local jurisdictions. 3. i The Department of I-IRS permits are required prior to recording the plat. 4. i All required sureties and fees are to be received prior to recording plat. 5. i All previous development order comments associated with this project shall be satisfied prior to issuas~ce of the Land Development Permit (master plan, site i plan, etc.). BUILDING DIVISION comments: None PARKS AND RECREATION I COmments: None FORESTER/ENVIRONMENTALIST C0nunents: None PLANN1NG AND ZONING Cotmnents: 6. Subject to City approval of the Property Owners Association documents prior /,,// to issuance of the Land Development Permit. ADDITIONAL CITY COMMISSION CONDITIONS /bme J:\SHRDATA\Engineering\Eng. CtODevelop.Order-Grove Plaza.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Via Lugano APPLICANT'S AGENT: Donaldson Hearing APPLICANT'S ADDRESS: Suite 402, 1070 E. h~diantown Road, Jupiter FL 33477 DATE OF RATIFICATION CITY COMMISSION: TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWiNG(S): March 3, 1998 Final Plat Approval Southwest corner of Sandalwood Drive and Congress Avenue SEE EXHIBIT "B' ATTACHED HERETO. THIS MATTER came before the City Conmfission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Conmfission hereby adopts the findings and reco~mnendation of the Plmming and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Conunission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Cmmnission having considered the relief sought by the applicant and heard testimony fi'om the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a rammer consistent with the requirements of the City's Land Development Regulations. The Applicant V" 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 v/ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. of this order. All further development on the property shall bc made in accordance with the terms and conditions 7. Other City Clerk J:\SHRDATA~Planning\SHARED\WP~FORMS~Dev. Orders\DEVELOPMENT ORDER REV.doc EXHIBIT "C" Conditions of Approval Project name: Via Lugano Type of Development Order (Master Plan, Site Plan or Plat): FINAL PLAT DEPARTMENTS I INCLUDE [ REJECT PUBLIC WORKS Conunents: None UTILITIES Comments: None FIRE Conmlents: None POLICE C0nunents: None ENGINEERING DIVISION C0mments: 1. Prior to issuance of a development or site permit, the applicant will submit complete construction drawings acceptable to the City and approved by all TRC V/ members. 2. Prior to issuance ora development or site permit, the applicant will provide the City with copies of all applicable permits from Federal, State, District and local lr/ jurisdictions. 3. All required sm'eries and fees are to be received prior to recording plat. 4. iAll previous development order conunents associated with this project shall be l// satisfied prior to issuance of the Land Development Permit (master plan, site iplan, etc.). BUILDING DIVISION Cq~mnents: None I PARKS AND RECREATION Cc~mments: None FORESTER/ENVIRONMENTALIST Cmments: None PLANNING AND ZON1NG Comments: 5. Plans submitted for building permits shall match the paving and drainage plans V/ Submitted with the plat. ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDAl'A\Engineering\Eng. CK~Develop.Order-Vi~ Luganol.doc