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Minutes 07-01-97MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 1, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb. Vice Mayor Matthew Bradley, Commissioner Shirley Jaskiewicz Commissioner Henderson Tillman. Commissioner Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:35 p.m. B. Invocation - Reverend Bob Hahn, First United Methodist Church In the absence of Rev. Hahn. the invocation was offered by Commissioner Bradley. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Commissioner Tillman. D. Agenda Approval 1. Additions, Deletions, Corrections Mayor Taylor moved up Item II.B to the first order of business. He announced that after the employee service awards are presented, a recess will be declared and refreshments will be served in the lobby to celebrate and let the employees who are receiving awards tonight know that they are very special people. Vice Mayor Titcomb added Item III.A.4 (Community Relations Board Meeting - July 9, 1997 - at City Hall in the Mall). With regard to Item III.B.2, he clarified that the Chamber sponsored advisory committee is not a City advisory board. It is a committee of the Chamber. City Manager Willis deleted Item IV.B.1 and explained that the original successful bidder met the insurance requirements. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 The Commission added Item X.C (Charter Changes). 2. Adoption Motion Vice Mayor Titcomb moved to adopt the agenda as amended. Commissioner Tillman seconded the motion, which carried unanimously. B. Employee Service Awards - January 1 through June 30, 1997 Before presenting the employee service awards. Mayor Taylor recognized the following employees: Susan Barman for heading up the Jail and Bail. Boynton Beach raised more than any other location in the County (over $24,000). Sue Kruse. City Clerk, for qualifying for the First Sustaining Membership in the IIMC Academy for Advanced Education Ms. Kruse has demonstrated that she has planned and obtained the career development goals which will aid her in maintaining the quality of excellence that is required of today's public officials and administrators. There are only a certain number of people throughout the country that get this recognition and Mayor Taylor was proud to have one of them working here in Boynton Beach. Sgt. Chris Fray, Officer Stephen Hopkins, and Detectives Andy Kalin and Toby Athol of the Boynton Beach Police Department for their assistance in pursuing investigative leads in this jurisdiction which subsequently resulted in the successful apprehensive of a fugitive in Monroe, North Carolina. Mayor Taylor read a letter he received from the State of New York commending the above- named individuals and stated that this case is typical of the positive results which can be achieved by interagency cooperation. Mayor Taylor and City Manager Willis presented the following employees with service awards: 20 Years Department Position Luther Barber Vehicle Service Auto Mechanic III 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 James J. Bonomini Richard R. Donovan George P, Evans Clyde Harris Charles O. Persing John E. Reynolds Donald Thrasher. Jr. 15 Years Angelo L. Agosto Marceline Ailard Larry A. Claude Thomas R. Macrae Patrick D. Taylor Linda J. Walter 10 Years Frederick Birdsall Vickie L. Bornick John T. Bryant Cynthia N. Burg Robert D. Croft ~hyllis A. Dixon Carol J. Doppler Dean A, Eberly Alphae V, Edwards Carel W. Fisher Chris G. Frey Kathryn Fusco Robert L. Gibsor John A. Gonzalez Norma Jean Goodwin Michael E. Haag Kenneth R. Hall Diana L. Harris Tambri J. Heyden Gwendolyn Johnson Randall Jute Michael A Lane M. Grant Lanier Louis L. LeVenton Cheryl Marzak Hugh A. McCaffrey Oa[dey R. Ogg, Jr. Fire Building Recreation Recreatior Building Public Water systems Main Polioe Sanitation Library Sewage Collection Fire Fire Sanitation Utility Administration Water Distributior Roads & Streets Purchasing Fire Communications Purchasing Fire Sewage Collection Public Works Police Police Roads & Streets Police Recreation Planning & Zoning Eng~neenng Utility Administration Planning & Zoning Communications Fire Police Police Pub Water Systems Operations Fire Communications Facilities Management Firefighter Ill Plan Check Inspector Recreation Supervisor Recreation Leader Plumbing & Mechanical Inspector III Supervisor, Public Water Systems Main Police Captain Refuse Collector II Clerk Environmental Technician Firefighter Il Firefighter Ill Clerk III Engineering Inspector It Crew Leader Equipment Operator Ill (Retired) Clerk III Firefighter Dispatch Supervisor Buyer Firefighter 111 Ass't TV Specialist (Deceased) Deputy Director of Public Works Police Sergeant School Crossing Guard Streets Supervisor Police Officer Clerk (Retired) Building Code Permit Administrator Engineering Plan Check Inspector Clerk II1 Director of Planning & Zoning Senior Dispatcher Firefighter Ill Police Officer Police Sergeant Water Plant Operator I11 EMS Billing Specialist Communications Manager Foreman I11 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 Erik G. Ritacco Christine D. Roberts Michael E. Rumpf Mary Anne Sarka Carmen Tango Robert L. Thomas Curlene Thomas-Jones A. Leon White Kathryn Wisniewski James E. Witt Raymond Wojciechowski John C. Wolc0tt Police Public Works Planning & Zoning City Clerk Library Police Communications Sewage Collection Police Fire Recreation Utility Construction Police Officer Admin Ass't I/Recycling Coordinator Senior Planner Clerk Ill Librarian II (Retired I Police Officer Senior Dispatcher Equipment Operator I Police Officer Fire Lieutenant Beach Parking Attendant (Deceased) Maintenance Worker I On behalf of the entire Commission and the residents, Mayor Taylor thanked these employees for an outstanding job. A recess was declared at 6:59 p.m. The meeting resumed at 7:20 p.m. II. ADMINISTRATIVE A. Appointments to be Made Appointment Length of Term To be Made Board Expiration Date Appointed II Bradley Adv Brd on Children & Youth Rag 2 yr term to 4/99 Angela Girtman III Jaskiewicz Adv Bro on Children & Youth Rag 2 yr term to 4/99 Hattie Miller IV Tillman Adv Brd on Children & Youth Rag 2 yr term to 4/99 Denise Panten MayorTaylor Adv Brd on Children & Youth Rag 2 yr term to 4/99 Eleanor Krusell I Titcomb Adv Brd on Children & Youth Alt 1 yr term to 4/98 II Bradley Adv Brd on Children & Youth Alt I yr term to 4/98 Harold Izard IJ Jaskiewicz Adv Brd on Children & Youth Stu/Reg 1 yr term to 4/98 Jeffrey Davis IV Tillman Adv Brd ~n Children & Youth Stu/Reg I yr term to 4/98 Mayor Taylor Adv Brd on Children & Youth Stu/AIt 2 yr term to 4/98 Amy Williams Mayor Taylor Bldg Brd of Adj & Appeals Reg 3 yr term to 4/00 Milton Russell I Titcomb Bldg Brd of Adj & Appeals Reg 3 yr term to 4/00 Ods Walker II Bradley BIdg Brd of Adj & Appeals Alt Iyr term to 4/99 Michael Bessell Ill Jaskiewicz Bldg Brd of Adj & Appeals Alt 1 yr term to 4~99 Robert Mulroy Mayor Taylor Civil Service Board Rag 2 yr term to 4/99 Frances Cleary I Titcomb Civil Service Board Alt 2 yr term to 4/99 Bradley Code Enforcement Board Alt Term expires 9/97 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 Jaskiewicz IV Tillman Mayor Taylor IV Tillman Mayor Taylor Titcomb II Bradley III Jaskiewicz Titcom~ II Bradley III Jaskiewicz IV Tillman Mayor Taylor Titcomb Bradley Titcomb Bradley III Jaskiewicz IV Tillman Mayor Taylor Titcomb I1 Bradley III Jasldewicz III Jaskiewicz IV Tillman Mayor Taylor Titcomb II Bradley Titcomb II Bradley ~11 Jaskiewicz IV Tillman Ill Jaskiewicz IV Tillman Mayor Taylor Titcomb II Bradley III Jaskiewicz Code Enfomement Board Reg Code Enfomement Boam Reg Code Enforcement Board Reg Community Relations Board Reg Community Relations Board Reg Community Relations Board Re9 Community Relations Beard Alt Community Relations Board Alt Education Advisory Board Reg EducationAdvisory Board Reg Education Advisory Board Reg Education Advisory Board Alt Education Advisory Board Alt Education Advisory Board Stu Education Advisory Board Stu Library Board Reg Library Board Reg Library Board All Library Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Alt Planning & Development Reg Planning & Development Reg Planning & Development Reg Planning & Development Alt Planning & Development Alt Recreation & Parks Boam Reg Recreation & Parks Board Reg Recreation & Parks Board Alt Recreation & Parks Board All Senior Advisory BoarG Reg Senior Advisory Board Reg Senior Advisory Board Reg Senior Advisory Board Reg Senior Advisory Board Alt Senior Advisory Board Alt Term expires 9/99 Term expires 9/97 Term expires 9/98 3 yr term to 4/00 3 yr term to 4/00 3 yr term to 4/00 ' yr term to 4/98 1 yr term to 4/98 2 yr term to 4/99 2 yr term to 4/99 2 yr term to 4/99 1 yr term to 4/98 1 yr term to 4/98 1 yr term to 4/98 1 yr term to 4/98 3 yr term to 4/00 3 yr term to 4/00 1 yr term to 4/98 1 yr term to 4/98 2 yr term to 4/99 2 yr term to 4/99 2 yr term to 4/99 I yr term to 4/98 2 yr term to 4/99 2 yr term to 4/99 2 yr term to 4/99 I yr term to 4/98 1 yr term to 4/98 3 yr term to 4/00 3 yr term to 4/00 3 yr term to 4/98 3 yr term to 4/98 2 yr term to 4/99 2 yr term to 4/99 2 yr term to 4/99 2 yr term to 4/99 1 yr term to 4/98 1 yr rerm to 4/98 Mark Frederick Patti Hammer Joy Curder Mary Jo McVey Dee Zibelli Jill Verderosa Elizabeth Jenkins Nellie Denahan Margaret Newton Ronald Ehster Helena Fa/Ion David Brownsteir Falechia Price Dorothy Walker Betty Ann Welcn Eleanor Mann Larry Chandler Tom Hendrikse ]-om Warnke Peter Kelly Stan Dub~ Lee Wische Marshall Friedland James Reed Steve Myott Mike Fitzpatrick Ed Harris Bruce Black Pam Winters Elizabeth Collins Ray Eney Geraldine Graham Mary Cannon Matilyn Brook 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 Mayor Taylor Firefighters' Pension Reg 2 yr term to 4/99 Alma Cook Titcomb Firefighters' Pension Reg 2 yr term to 4/99 Robert Taylor Mayor Taylor Police Officers' Trust Fund Reg 2 yr term to 4/99 Ralph Diaz I Titcomb Police Officers' Trust Fund Reg 2 yr term to 4/99 Roger Cash Motion Commissioner Jaskiew~cz moved to approve the appointments as stated. Commissioner Tillman seconded the motion, which carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS A. Announcements July 4th Big Blast Fireworks Event - Boat Club Park - 3:30 p.m. - Food, Beverages, Contests, Bands and Fun - Fireworks at 9:00 p.m. Mayor Taylormade [his announcement. Special City Commission Meeting FY97/98 Annual Budget - July 25, 1997 at 3:00 p.m. in the Library Program Room Mayor Taylor made this announcement. City Manager Willis advised that the variance and site plan approval for BGI will also be considered at this meeting. Boynton Beach Munici pal Golf Course Head Professional, Dan Hager, to play 100 holes in one day to raise funds for Junior Golf on July 8, 1997 - Call 969-2200 with your pledge Mayor Taylor made this announcement. Community Relations Board Meeting, July 9, 1997 - at citY Hall in the Mall Vice Mayor Titcomb advised that the July Community Relations Board meeting will be held at City Hall in the Mall at 7:30 p.m. 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 lB. Presentations 1. Proclamation - July 4th Big Blast Celebration Mayor Taylor read a proclamation declaring July 4. 1997 as the July 4~h Big Blast. Presentation by Kathy Shabotynskji, President, Chamber of Commerce, establishing a Chamber Sponsored Advisory Committee (Requested by Vice Mayor Jamie Titcomb) Ms. Shabotynskji advised that the purpose of this Visions 20/20 advisory committee ~s to maintain continuity in the process of the community development by providing community representation in the planning process for Visions 20/20 to the consultants that were hired. The committee will be comprised of the same people who were on the City's Visions 20/20 Committee Robert Hill has agreed to chair the committee. She would like to have City representation on the committee, including Hank Ackermann. The committee plans to meet once a month. The purpose of the committee is to provide insigl~t to the planners, the City, and the Chamber Board. and be used as a testing ground for the planners' perceptions and assumptions. The committee will provide the perspective of the 650 business members of the Chamber of Commerce and the community. The committee intends to bnng incremental value to the planning process to enable the community to move forward. Mayor Taylor felt the people who are being considered for this committee have a tremendous amount of expertise and he welcomed their input as the process moves forward. He stated that the consulting group will be reporting to the City Commission and he would like the committee to review their reports and provide the City Commission with feedback. He stated that one of the consultant's charges is to meet with community representatives and obtain their input. The committee is going to be a good place for them to receive input. However, he clarified that the City Commission is the sole body to give direction to the consultant group and that if the committee thinks they are going off in the wrong direction the committee should advise the Commission so that the Commission can redirect them With regard to City representation on the committee. Mayor Taylor advised Ms. Shabotynskyj to speak to City Manager Willis to see if Mr. Ackermann has the time to serve on this committee. He pointed out that Todd- Kotas, the City's Economic pevelopment Coordinator. Co-Chairs the Economic Development Committee for the Chamber of Commerce. 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 Ms. Shabotynskyj recently learned that Carla Bryant. the Community Development and PR person, is no longer on the James Duncan team She assured Mayor Taylor that the Chamber of Commerce is just trying to maintain the continuity. She advised that this committee is spearheaded by the Chamber of Commerce; however, it is not comprised of members of the Chamber of Commerce. There is an integration of everybody in the community on this committee. Commissioner Bradley suggested that the Chamber of Commerce Committee and the Plan ning and Development Board meet and share ideas. He felt it was critical that the Planning Department be involved, particularly Ms. Heyden. Mayor Taylor pointed out that the consultant will be working very closely with our Planning staff. IV. CONSENT AGENDA A. Minutes City Commission Workshop Meeting Minutes of June 9, 1997 Regular City Commission Meeting Minutes of June 17, 1997 No additions, deletions, or corrections were made to the m~nutes of the June 9th and June 17,n meetings. Bids - recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Re-award of purchase of one trailer mounted directional boring vacuum system from Southeast Waste System, in the amount of $21,243.50 This item was deleted from the agenda by City Manager Willis. Award annual supply of brass fittings and accessories to various vendors The Tabulation Committee recommended awarding this bid to various vendors who were the lowest, most responsible, responsive bidders meeting all bid specifications and requirements. 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 C. Resolutions Proposed Resolution No. R97-106 Re: Authorize execution of Mutual Aid agreement for Palm Beach County Law Enforcement Agencies Combined Operational and Voluntary Cooperation The existing Mutual Aid Agreement expired December 1996. This proposed Mutual Aid Agreement has some wording changes from the previous agreement for clarification. This agreement has been reviewed by the City Attorney's Office and is in effect until December 31, 2000. Proposed Resolution No. R97-107 Re: Authorize execution of Consultant Agreement Form between the City of Boynton Beach and Florida Planning Group, Inc, to prepare the City of Boynton Beach's Five Year Consolidated Plan for a contracted amount of $24.500 A Request for Proposal was advertised for consultants to prepare a proposal for the City of Boynton Beach to submit to the U.S. Department of Housing and Urban Development for the purpose of received a small city entitlement status. The purpose of the plan is to address criteria by HUD that allows the usage of these funds resulting in an assessment of the needs of the City based on information gathered from various sources, including [he latest census date. The City of Boynton Beach will be able to implement new programs which include, among other things, Economic Development, Social Service programming, and continue existing housing programs. The availability of other funding which will come as the result of having a direct entitlement status. D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. Authorize Finance Department to contact Gabriel, Roeder and Smith, the pension funds actuary to conduct impact study regarding early retirement program for those employees who are within three years of normal retirement This study would provide an increase in yearly City contributions to the pension funds if the early retirement program is implemented. This study will assist the City in making a final determination as to whether the program will be beneficial to the City. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 Approve purchase of three laptop computers and twenty-three desktop computers from Inacom Information Systems, piggy- backing Seminole County contract, in the amount of $51,043.04 for the Police Department The 1996/97 annual operating budget includes funds for the pumhase of new computer equipment. This purchase will allow computer users to access the City-wide network and have critical data. such as records management, at their fingertips. By not purchasing this equipment, the staff wil be unable to access the Police records management system and share documents and would severely cripple the automation efforts in the Police Department. Funding has been allocated in the CIP Fund. Approve purchase of a 60 KW/diesel driven engine generator setlonan from OK Generators, in the amount of $21,890 for the Utilities Department The bid (#047-401-94/CJD) for two new 60 KVV Generators was awarded by the City Commission on June 28. 1994 to OK Generators. In the process for the price request of the 60 KVV Generator, the vendor agreed to the extended bid price, terms and conditions for [his purchase. During the Hurricane Preparedness Planning Sessions. it was discussed that backup generator supply would be required at the Ezell Hester Community Center, The Utilities Department opted to purchase an additional 60 KW Generator for backup generator power for the lift stations but the unit would be available for the backup generator source during an emergency for Ezell Hester Community Center. Approve request to replace one workstation in Utilities Administration and upgrade another from Sylvest Systems Corp., in the amount of $20,736 Management These work stations continue to demand additiona processing capacity due to the software in use and being developed. In pricing out the individual work station systems ~'or possible upgrades, one was found not to be cost effective. The second system requires a replacement of the process and internal components. This replacement and upgrade is expected to last a minimum of five years. Approve purchase of fllmtec membranes and codeline pressure vessels from Dow North America/Dow Chemical, in the amount of $490,110 for the West Water Plant Project 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 This is a direct pumhase by the City for specified equipment needed in the Phase I West Water Plant Project. As directed by the Consultant, CH2M Hill, this equipment is a Film Tach brand purchase in order to preserve the membrane system continuity and guarantee a uniform water grade to the existing water treatment process. The onginal equipment purchase for the membrane system prooess was a bid process purchase. With a direct purchase process, a savings of approximately $100.000 is anticipated. This includes 99 pressure vessels, 594 membrane elements, and the necessary components and appurtenances needed in this plant expansion project. Jx Approve Park Division request for an additional Maintenance Worker I position on the Special Parks Crew This would allow seven day a week service at Oceanfront Park, Boat Club Park, Kids Kingdom, and Mangrove Park without lowering maintenance standards. Approve purchase of computer equipment for drug enforcement administration (D.E.A.) from Forfeiture Funds in the amount $18,320.13 of This pumhase is part of a cooperative agreement between D.E.A. and the Boynton Beach Police Department and increases the police department's share of the seizure if the police department agrees to purchase computer equipment, The cooperative effort with D.E.A. could be in jeopardy if not approved. L. Monthly Lien Enforcement and Foreclosure Report A schedule of outstanding lot mowing liens was attached to the agenda. The City Attorney's office is in the process of developing a procedure for enforcement and possible foreclosure of liens of this nature. Previous attempts to file multi-defendant foreclosure actions were rejected by the Palm Beach County Clerk's Office following review by the Court Administrator. There are significant (currently unbudgeted) costs associated with foreclosing liens, inclyding title reports, filing fees, process, etc. Accordingly, the City Attorney's Office will explore every alternative before resorting to individual court actions. ApProve Work Authorization No. 2 for Camp DreSser and McKee to perform stormwater master plan update on the downtown watershed area 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 This work will provide a firm cost estimate and preliminary design for the stormwater improvements needed in the downtown area ~n order to promote redevelopment and improve the quality of stormwater discharging from the area. This ~s an essential step in the development of the Stormwater Utility, especially as it relates to improvements in surfaco water discharge quality form the downtown Underground conversion of overhead electric facilities in conjunction with the Ocean Avenue Bridge Project The Utilities Department recommended burying the overhead utility lines along Ocean Avenue from U.S. #1 to the Intracoastal Waterway and approving the initial expenditure of $1.800 to FP&L to commence design work. The total cost was estimated at $57 000. The final design produced by FP&L will have a more accurate and reliable cost estimate. This is a beautification project to remove unsightly overhead wires and reJocate [hem to underground locations along the Ocean Avenue corridor east or U.S. #1. Motion Vice Mayor Titcomb moved to approve the Consent Agenda. with the exception of Item B.1. Commissioner Tillman seconded the motion, which carried 5-0. EXECUTIVE SESSION At 7:46 p.m., as provided by F.S. 286.011(8), the City Commission, City Attorney, and City Manger went into an Executive Session to discuss the Windward PUD and City of Boynton Beach/Palm Beach Leisureville Community pending litigation. The regular City Commission meeting resumed at 8:29 p.m. V. CITY MANAGER'S REPORT A workshop was scheduled for July 16, 1997 at 8:00 a.m. with the consultants regarding the five year consolidated plan for the entitlement status under the Community Development Block Grant. A. Mangrove Park Project City Manager Willis explained that there is a perception problem with calling the area along Ocean Avenue the "downtown" or the "Central Business District". She suggested 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 deleting the reference to "downtown" in the name "Downtown Mangrove Nature Park" or call it the Historic Marina District. Motion Commissioner Tillman moved to name the Mangrove Park Project "Mangrove Nature Park". Commissioner Jaskiewicz seconded the motion, which carried 5-0. Commissioner Bradley's requested that Item X.A.1 be moved up on the agenda to accommodate Linda Do~ ahue. Motion Commissioner Jaskiewicz moved to move Item X.A. 1 up on the agenda. Commissioner Tillman seconded the motion, which carried 5-0. X. NEW BUSINESS A. Items for discussion requested by Commissioner Bradley Discussion on resolution to change legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return to local government the right to enact and enforce tobacco related ordinances Linda Donahue ~s a volunteer with the American Heart Association. She advised that one of the goals of the American Heart Association is to eliminate smoking in restaurants, or at least regulate it in certain places. The Clean Indoor Act contains a preemption clause that prohibits local municipalities from passing any ordinances that are stronger than the State's ordinances. The State Ordinances do not prohibit smoking ~n restaurants. She asked the Commission to pass a resolution and send it to the Legislature in support of the municipalities having control over these kinds of ordinances and repealing the preemption clause in the Clean Indoor Air Act. Commissioner Bradley pointed out that if this is approved by the Legislature, it would g~ve the municipalities the latitude to enact stronger laws if they so desire. 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 Motion Commissioner Bradley moved to direct staff to draft a resolution to encourage the Legislature to repeal [he preemption clause m the Clean Indoor Air Act and allow the municipalities latitude to enact stronger legislation. Commissioner Tillman seconded the motion, which carried 5-0. vii. PUBLIC AUDIENCE Nellie Denahan. Chairperson of the Education Advisory Board. commended the following people for helping put together the Education Advisory Board Forum that was held at the Boynton Woman's Club on June 5. 1997: The Boynton Woman's Club City of Boynton Beach Joan White, President Betty Thomas Jean Zimmerman Irene Feeney, First Vice President Marie Shepherd George Terasco Eric Guidry Charlie Crawford Ms. Denahan invited everyone to attend the Education Advisory Board meetings. Mayor Taylor attended that forum and advised that everyone involved did an outstanding .lob. There was a great turnout and it generated a lot of pride in the community. No one else wishing to speak. Mayor Taylor declared the Public Audience closed. VII. PUBLIC HEARING Project: Agent: Owner: Location: Description: Heise/Auto Care Center of America PCD Anna Cottrell Westlake Hardware, Inc. Approximately 160 feet south of the southeast corner of Congress Avenue and Woolbright Road Rezoning - Request for master plan approval to 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 construct a 21.264 square foot retail complex that includes a facility for minor automotive repair on 3.63 acres of land in connection with a request to rezone the parcel from Community Commercial (C-3) to Planned Commercial Development (PCD) Everyone who intended to testify in this matter was sworn in by City Attorney Cherof. He advised that the records in the Commission backup package this evening are automatically part of the record of tonight's proceeding. If anyone wants to enter additional records, they need to be identified and presented to the Clerk before they leave. Mayor Taylor disclosed that he has had conversations on this subject with two members of the team which is proposing this project. Commissioner Bradley disclosed that he has had conversations with one member of that team. City Attorney Cherof asked the applicant to identify the conditions delineated by staff in their report that are nol acceptable. Otherwise. all conditions will be deemed accepted by the applicant. Anna Cottrell isa certified planner and represented the applicant, who is the developer of the project. This is a mixed use project which includes retail and automotive retail and service. Ms. Cottrell stated that all the conditions as recommended by the Planning and Development Board are acceptable. No one in the Public Audience wished to address this item. For clarification. Vice Mayor Titcomb asked if the applicant has concurred with the final motion that was passed by the Planning and Development Board. Ms. Cottrell answered affirmatively. With respect to those conditions related to the architectural treatment the Planning and Development Board recommended that consideration of those specific items be deferred until the applicant brings a site plan [o them. She asked for the same consideration, namely, flexibility with regard to any items related to the architectural detail so that they can be reviewed for consistency with the Code and the project's objectives. She stated that the conditions will likely require some modification to the site plan that is presented. Vice Mayor Titcomb referred specifically to the Planning and Development Board's motion pertaining to comment 21 which eliminates service doors facing major 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 thoroughfares. Ms. Cottrell was in agreement with the Planning and Development Board's motion. Motion Vice Mayor Titcomb moved to approve the request for master plan approval to construct a 21,264 square foot retail complex that includes a facility for minor automotive repair on 3.63 acres of land in connection with a request to rezone the parcel from Community Commercial (C-3) to Planned Commercial Development (PCD), inclusive of al staff and Planning and Development Board comments. Commissioner Bradley second]ed the motion, which carded 3-2. Commissioners Jaskiewicz and Tillman cast the dissenting votes. VIII. BIDS None. IX. DEVELOPMENT PLANS None. X. NEW BUSINESS A. Items for discussion requested by Commissioner Bradley Discussion on resolution to change legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return to local government the right to enact and enforce tobacco related ordinances This item was dispensed with earlier in the meeting. Appoint Voting Delegate to Florida League of Cities Ann ual Conference Mayor Taylor advised that this conference will be held from August 21 through August 23. 1997 in Orlando. 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 Motion Commissioner Bradley moved to appoint Mayor Taylor as the voting delegate to the Florida League of Cities Annual Conference. Commissioner Jaskiewicz seconded the motion, which carried 5-0. C. Charter Changes City Attorney Cherof distributed a Tentative Adoption and Transition Schedule and the Proposed Charter Changes. He advised that the City Manager, City Clerk. and he went through the Charter with an eye towards cleaning it up (dealing with provisions that are either archaic, replaced by State Constitutional provisions. State Statutes, or County provisions that take precedent), and also to look at some of the other procedures in there that they felt. from an administrative point of view, might be worthy of consideration. These Charter changes would be required to be submitted to the public n the form of ballot questions. He reviewed the substantive changes. Section 24. c came into being in 1987 or 1988 and provided that when there is amendment to the future land use element of the Comprehensive Plan. to pass that would required a super majority of the Commission. That is not the requirement provided for in Chapter 163 which governs the adoption and amendment of the Comprehensive Plan, nor is it contained anywhere n the State Administrative Rules that govern that which are rewewed and managed by the Department of Community Affairs. He concluded that the requirement for a super majority vote is an unnecessary restriction on the Commission's legislative authority under State Law. He stated that there are tremendous safeguards built into the process of amending any provision of the Comprehensive Plan. It requires public hearings, notice, review by the Department of Community Affairs. and in many cases review by the Local Planning Agency and the Regional Planning Agency. Provision 50 deals with term of office. The following options was provided: (1) (2) Submit to the public a change to three two-year terms (the current is two two-year terms); or Have unlimited two year terms. This would increase legislative continuity. Chapter 72 deals with the Civil Service System and the Civil Service Board. He recommended replacing the entire Civil Service System with an administrative policy system (a manual) which he believed would enhance the City's ability to operate more like a private enterprise and to compete with the private sector. A process was started 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 four or five years ago to amend the Civil Service Rules and Regulations and the system itself. Hundreds of changes were proposed because the language of the code dates back to 1954. ~s archaic, difficult to deal with. and contradictory ~n many respects Rather than attempt to clean that up. he recommended scraping it and imposing a more detailed and modern administrative policy manual. The process would still be there for a grievance. However, rather than going to the Civil Service Board, employees would end up in front of a hearing officer, somebody who does not work for or at the City (a third par[y neutral). The hearing officer would conduct the headng that the Civil Service Board would otherwise conduct, and the findings of fact and recommendations would be sent to the City Manager in the form of an Order from the Hearing Officer. He felt that takes out of the process a lot ofthe inherent problems with the Civil Service Board. If the Commission agrees that these are areas that might be worthy of change, the next step in the process would be drafting of the appropriate ordinances to submit these questions to referendum which the Commission~would have to consider on first and second reading: The public would have a chance to provide their input at the second reading. In addition, the Tentative Adoption and Transition Schedule contains some additional and optional public hearing dates and town meetings to discuss this publicly. There is no general ejection or County-wide election scheduled in November. 1997. Therefore, it would cost the City abo~ut $20,000 to conduct a special election The next general election is scheduled for Merch, at which time this could'be put on the ballot at no additional cost. If approved. Mice Mayor Titcomb asked how these provisions of the Charter would affect the present and/or future Commission. City Attorney Cherof stated that the change would ordinarily take effect immediately. Therefore, any members of the Commission wt~ose term would be up next March and who would be at the end of a two term limil would be able to qualify for the March election. However. the Charter amendment can establish a transition period as well. Commissioner Tillman requested that prior to the public hearings, the City Attorney's Office and the City Manager's Officelmake information available to the public explaining why these amendments are being proposed. Vice Mayor Titcomb understands that' Commission compensation is a Charter issue. e inquired about ncreas ng the Comm ss on s compensat on C ty Attorney Cherof advised that the Commissioners receive $350 a month, which was fixed by referendum over ten years ago. The Commissioners of other municipalities the same size receive 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 more than that. A lot of cities have the Commissioner's salaries fixed by ordinance, not the Charter. With regard to terms of office, Mayor Taylor felt there should only be one option to avoid confusion. With regard to Civil Service. he suggested a grandfather clause for people who are currently employed by the City. City Attorney Cherof pointed out that f we did this, we would end Ul~ with two systems to administer for a period of time. This would defeat the objective of making administration easier, more expeditious, and fair. He wiiJ present two or three different versions of an ordinance for the Commission's review. Commissioner Jaskiewicz felt it was too soon to put this on the ballot in November. City Attorney Cherof advised that it takes almost a full year for the transition from Civil Service to Administrative Policy. City Manager Willis advised that staff has looked at administrative procedural manuals. The City of Coral Springs was set up by a private company under the leadership of Westinghouse Corporation. They have an extremely comprehensive manua which is probably more comprehensive than our current system of rules. Furthermore, we have the additional layer of protection provided by five unions. Therefore, we will not be [aking our employees _out from under any protective systems that we currently have. We also have a grievance procedure that is set up separate and apart from the Civil Service Board or the union protections. Staff is trying to pick the best system and streamline the process. She felt the most desirable manner in which to proceed is to pick the best system and apply it to all of the employees and if there is a transitional schedule, it be limited to a certain amount of time. There was consensus to direct staff to prepare some ordinances for the Commission's review. City Attorney Cherof advised that the cut off date to submit ballot language to the Supervisor of Elections is september 5, 1997. At the August 5~h meeting, the Commission w~ill decide whether or not to put this on a ballot in November or March. Second reading of the ordinance will be held on August 19th. There will be no optional public hearing 0n July 29th. Xl. LEGAL AA, Consideration of amendments to Marina Development Agreement 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 Mayor Taylor advised that he met with the marina people and discussed three items that the Commission was concern about. These three items appeared to be changes to the original developer's agreement, and he believes we have reached agreement on that. City Attorney Cherof advised that the Commission had approved a developer's agreement. It was sent to Mr. Garcia for signature and returned with three changes. The changes were on page 10, in paragraphs 17 and 19. and on Exhibit E. The change on page 10 was a proposal that when the City's incentive dollars became due. rather than the City simply acknowledging that it was appropriated, that the funds be transferred to an escrow. At the last City Commission meeting, City Attorney Cherof suggested that it was reasonable and consistent with large real estate transactions that some third party hold the funds. The third parties would be a combination of City Attorney Cherof and some agent that the developer designates to open a joint account in which to place those funds. The language that the developer proposed on the bottom of page 10 will now be found in a more elaborated format on Exhibit I of the Developer's Agreement. The actual language that City Attorney Cherof suggested provides that the City will deposit into escrow into a joint account with the City Attorney and developer's agent, as joint escrow agents, incentive funds in accordance with the following schedule: 1/3 upon completion of the infrastructure, 1/3 upon completion of all shells for the buildings, and 1/3 upon the issuance of a Certificate of Occupancy for two restaurants, Together with the issuance of Certificates of Occupancy for 75 percent of the entire project. When those three levels occur, 100 percent of the incentive dollars will be placed in the escrow. Then comes the provision for how the developer obtains the money. There ~s a provision in the agreement that the developer has the option to bond off a lien that the City will have. The City has a lien for 100 percent of the value of the incentives on this project. That is a safeguard. In the event the project does not get done, the City is in a position to be able to foreclose the lien. The developer has the option to bond off that lien. If the developer bonds off the lien, this is how the City disperses the incentives: 1/3 upon completion of the infrastructure, 1/3 upon completion of the shells, and 1/3 less 10 percent retainage of all the incentives being withheld~ That 1/3. less the 10 percent, is dispersed upon the issuance of the Certificate of Occupancy for two restaurants, coupled with 75 percent of the project being built out. The 10 percent retainage is released when there is 100 percent completion of the project. 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULYI, 1997 If the developer elects not to bond off the lien, the lien stays ~n place and the developer goes out of pocket and pays for the incentives upfront. Then he will not receive disbursemenl for the incentives until 100 percent completion of the project. The term completion is meant to mean substantial completion as that term is defined in traditional American Institute of Architects' contracts for substantial completion. Another change proposed by the developer was to change when the disbursements would be made, :and City Attorney Cherof incorporated that change into the change he suggested. The third issue was on Exhibit E. Mr. Garcia had proposed deleting the following clause: All parking spaces depicted on the site plan shall be available for use by the public. However. Mr. Garcia has withdrawn this request and the concept that was originally approved by the Commission and committed to by the developer that all the parking spaces on the project will be open to the public in an unrestricted fashio~ will remain. Therefore, no change is proposed in paragraph 9 of Exhibit E. The issue of parking ends up being dealt with in one of the proposed ordinances that are on for reading after the Commission's consideration of the development order. That provision requires all people within the Central Business District to provide 100 percent of their required parking on site. If they are unable to do so. [hey could take the benefit of up to a 50 percent red uction in the number of spaces that they need. However. they have to leave all of their spaces open so that the entire community ~s a community of shared parking, except for those people who could put 100 percent of the required parking on their property. For example,, if the required parking formula requires 100 parking spaces (there is currently a 35 percent reduction), we are proposing that it be increased to a 50 percent reduction to stimulate growth in the area without the need for parking. Therefore. a developer or business would be required to provide 50 spaces. Those 50 spaces must be open to all members of the public in an unrestricted fashion. except for handioap parking. That comes up for second reading this evening with that proposed change in it. If the Commission is amenable to the developer's agreement as now redrafted to reflect the transition of incentive dollars to escrow and then as disbursements, and no change to the parking concept that alt parking on this project would be open to the public, the Comm~ssiDn needs to authorize by motion the Developer's Agreement as redrafted and authorize the mayor to execute it. Commissioner Jaskiewicz asked who will assume the cost of the improvements to Casa Loma Boulevard. City Attorney Cherof advised that the cost of the improvement and the cost of maintaining the improvement is assumed by the developer. Mr. Garcia. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 Janet HalL. 700 Casa Loma Boulevard, stated that at the very beginning, the marina project was shy a number of parking spaces. All the parking on Casa Loma Boulevard was used to help provide adequate parking for the marina. As a property owner on Casa Loma Boulevard. she requested that the following item be included in the developer's agreement: 50 percent of the total parking spaces designated on Casa Loma Boulevard will be counted toward any current and future parking requirements relative ito adequate properties on the south side of Casa Loma Boulevard. She said this issue seriously affects the business owners who have contributed to the City,s tax base for the past 35 years. Mayor Taylor advised that the developer is not counting any of the parking spaces on Casa Loma Boulevard towards his parking requirement. The developer has the required amount of parking spaces on his property, and those spaces are open to the public. Ms. Hall asked if the City is abandoning Casa Loma Boulevard. City Attorney Cherof stated that Casa Loma Boulevard remains a public right-of-way. If the Commission approves the ordinance which reduces the required parking by 50 percent, then Mr. Garcia has all the parking he.needs on his own property and does not need any parking on Casa Loma Boulevard. He stated that Ms. Hall currently needs 98 spaces; however. if this ordinance is approved, she would only need 49 spaces. Dee Zibelli, 440 Ocean Parkway, was worried that the City is going to be stuck with the boat storage and nothing else. She expressed concern about a lawsuit over the boat storage building and the parking spaces. She was concerned about that the boat storage building will not be able to withstand high velocity winds. Harris Marcus 650 Horizons East, commended Mayor Taylor and the other members of the City Commission for their effort to bring industry, etc.. to this City. However. he expresse(~ great concern that a boat storage marina ~n this area would create safety problems. He stated that according to our Code, boat repair is not allowed in this building. He also expressed concern about washing the boats and about the boat storage building not being able to withstand a wind velocity of 70 miles an hour. He was also concerned about fire. He talked a g teat extent about the danger of having a boat storage facility latent with boats, oil. and gasoline close to St. Mark's School. City Attorney Cherof advised that there is a specific provision of the development agreement that requires compliance with all regulatory codes and further states that 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 nothing in the agreement: which incorporates all of the conditions, constitutes a waiver of any of the applicable regulations or building codes im posed in the City. Commissioner Jaskiewicz advised that one of the stipulations that the developer had to agree with was to retain a fire protection engineer to help design the project to comply with 39 standards, Enrico Rossi is an engineer and resident of Boynton Beach. He has designed a number of projects located in Boynton Beach. He stated that the plan that he has seen for this project provides for no on-site retention, either pretreatment of stormwater runoff or retention Normally, these kinds of things require 10 to 15 percent of the total land area to be put aside for retention. He pointed out that the exfiitration trenches do not work well. He asked if drainage has been provided for and is encompassed as part of the master plan. If it is not part of the master plan. the master plan is faulty. If there is a notion about providing off-site storage of the stormwater runoff on lands provided by the City, then we start exceeding the $770~000 worth of credits and start getting into more money to accommodate another project. Ken Blair is a State General Contractor. He was concerned with the number of concessions and the amount of money that the City is affording this project. He did not think the boat storage facility would be good for the economy or the citizens. He expressed concerns about safety with regard to the traffic. His main concern is that the amount of money that the developer is',investing has decreased tremendously and the amount of money that the City is contributing to this project has ~ncreased, even to the extent of giwng City land to this project. It seemed to him to be a disproportionate amount of money that is being spent here. He also expressed concern about drainage problems. David Katz. 742 N.W. 11~" Street. stated that Mr. Harry MarCUs cares about this City. He mentioned the safety ~ssues. He pointed out that this project was originally brought to the City 6 to 8 years ago with a boat storage building that was approximately 20' in height and was rejected. At that lime, the City told Mr. Garcia to build the whole project first and then build the boat storage. However, Mr. Garcia said he could not get financing for that. Now Mr. Garda has come back with a building that is 20' higher and the City is agreeing to give him three quarters of a million dollars to build something that we did not want in the first place. He stated that we bring money into the City through impact fees: yet, the Commission wants to forego over three quarters of a million dollars n impact fees to Mr. Garcia. who can readily afford it. In addition, Mr. Garcia wants so much of it upfront that it is absurd. Mr. Katz was against this project because of the 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 giving away of the money. He inquired about the conflict in the agreement and the fire code. He asked the developer's representatives if the developer plans to do repairs inside the building, which is against our fire code. He asked if there are going to be any repairs at all or if there is going to be cleaning of the boats. Gary Eliopoulos, one of the architect of this project, stated that Mr. Marcus' comments are well taken and are going to be implemented into the designs. He pointed out that [he boat storage building is a steel structure and will have fabricated panels within and another wood structure on top of that. It will withstand 110 mile an hour winds. We have on our team the number one fire safety engineer ~n the State of Florida. This building will be totally safe with regard to fire and hurricane withstanding. We have to meet every code. If we cannot make the-drainage work. we will not do this project. The boat building is a very expensive structure (about $2 million). To protect this building the way it needs to be protected, it will be expensive and; it will be done right. The Fire Marshal will not allow repairs in thesebuildings. The boats will have to be hauled away. Steve Baugh is on the development team and asked City Attorney Cherof about the bond and lien against the property. He, thought we were doing the escrow in lieu of that. City Attorney Cherof advised I~t they tie in together. 'Fhere is st an option. The lien is the starting point: however, MrS. Garcia has t~e option either to bond it off or to front the incentives himself. Then different formulas kick in for receiving the, incentives back. The timing is different depend ng on whether there is a bond, whether he pays them upfront, or whether he does n~ither. Mr. Baugh said in order to escrow. Mr. Garcia will have to pay the money and fees, etc. to the different subcontractors. Afte~b~at, the money will be escrowed and there will be no need for a bond. City Attorney ;c~er~)f stated that the money w be n an escrow account until the four stages of deveiopment are reached Mr Baugh asked if this would eliminate the need for the boad. City Attorney Cherof stated that Mr. Garcia does not have to post a bond. It is hlsleption. If he posts a bond, there ~s no lien on the property. Mr Baugh thought that by escrowing~ the funds, that would alleviate [he need for a bond. City Attorney Cherof said that/s not true because the City does not have the control to get those funds back. The objective is to keep the funds intact until the project is complete. Bill Skaggs, the new purchaser of the Two Georges, was concerned about the parking on Casa Loma Boulevard and parking !on site and off site. It appeared to him that the 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 parking requirements are always being changed so that the developer will be able to meet all the codes. He asked if Mr. Garcia is only required to provide 50 percent of his parking and if he has to share his parking. City Attorney Cherof explained that the way the agreement is drafted, if approved by the City Commission this evening, all of the parking on Mr. Garcia's proper~y will remain unequivocally open to the public. Mayor Taylor entertained a motion, on consideration of the amendments to the marina development agreement. Motion Commissioner Jaskiewicz moved to approve as read with [he amendments. Vice Mayor Titcomb seconded the motion. City Attorney Cherof asked for a clarification on the motion. Commissioner Jaskiewicz agreed that the motion is to approve the development agreement handed out this evening with some of the changes accepted and the balance having been rejected. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. A. Ordinances - 2"¢ Reading - Public Hearing Motion Commissioner Tillman moved to remove the ordinances on second reading from the table. Vice Mayor Titcomb seconded the motion, which carried 5-0. Proposed Ordinance No. O97-29 Re: Amend zoning code to allow automotive service uses in Planned Commercial Development (PCD) districts three acres in size or larger ...................................................................... TABLED City Attorney Cherof read Proposed Ordinance No. 097-29 Dy title only. No one in the public audience wished to address this item Motion 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 Commissioner Bradley moved to approve Proposed Ordinance No. 097-29. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the City Clerk The motion carried 3-2. Commissioners Jaskiewicz and Tillman cast the dissenting votes. Proposed Ordinance No. 097-23 Re: Amending Part Il, Chapter 16. Section 16-94.5 of the Code of Ordinances to delete paragraph (a) and re-letter the section ......................................... TABLED City Attorney Cherof read Proposed Ordinance No. 097-23 by title only. No one in the public audience wished to address this item. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-23. Commissioner Jaskiewicz seconded the motion. A roi call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes Proposed Ordinance No. 097-24 Re: Amending Chapter 2 - Zoning, Section 67. E "Central Business District" by amending Section 6.E.l.e to provide for hours of operation for dry boat storage facilities: by amending Section 6.E.3 to remove any front yard setback requirements within the zoning district: and by amending Section 6.E.4.b(1) to provide that in calculating required parking, development in the CBD shall be permitted to take a fifty (50) percent reduction of the parking required under Chapter 2 - Zoning, Section 11.~-t.16 of the Land Development Regulations (Marina Amendments) .............................................T,~BLED City Attorney Cherof read Proposed Orc~inance No. 097-24 by title only and advised that this ordinance contains the amendment to Sectio~ 3.B(b) which provides for the requirement for 100 percent parking or, alternatively, all parking must be left open to the public. No one m the public audience wished to address this item. Motion 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-24. Vice Mayor Titcomb seconded the motion. Vice Mayor Titcomb asked if this is the area [hat would address Ms. Hall's concerns. City Attorney Cherof answered affirmatively. Commissioner Bradley asked if the development agreement reflects that all of Mr. Garcia's property is open to public use, including Casa Loma Boulevard. Mayor Taylor answered affirmatively. Commissioner Bradley was concerned about the front setback. He feared that we may be putting something in place here that may come back to haunt us in the future. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. 4. Proposed Ordinance No. 097-25 Re: Amending Chapter 6, Article IV, Section 10.D of the Land Development Regulations to provide for varying radius requirements for cul-de-sacs in the CBD and all other zoning districts ....................................... TABLED City Attorney Cherof read Proposed Ordinance No. 097-25 by title only. No one in the public audience wished to address this item. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-25. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Tillman and Bradley cast the dissenting votes. Proposed Ordinance No. O97-26 Re: Amending Chapter 7.5, Article III, Section 8.A.1 of the Land Development Regulations to provide a~ exception for required perimeter stri p landscaping along the east side of N.E. 6~° Street north of Ocean Avenue and the south side of Casa Loma Boulevard ............................. TABLED City Attorney Cherof read Proposed Ordinance No. 097-26 by title only. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 No one ~n the public audience wished [o address this item, Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-26. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Tillman and Bradley cast the dissenting votes. Proposed Ordinance No. 097-27 Re: Amending Chapter 22. Article I Section 4 of the Land Development Regulations to permit the placement of loading zones, dumpsters and compactors, and their enclosures to be located in the public right-of, way in the Central Business District .......................................... TABLED City Attorney Cherof read Proposed Ordinance No. 097-27 by title only. No one in the public audience wished to address this item. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-27. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. Proposed Ordinance No. O97-28 Re: Amending Chapter 23, Article II, Paragraphs F and H.7 of the Land Development Regulations to permit drainage structures to be constructed pursuant to standards of the south Florida Water Management District and providing an exception to [he two-driveway minimum requirement along N.E. 6~n Street north of Ocean Avenue ................................................................ TABLED City Attorney Cherof read Proposed Ordinance No. O97-28 by title only. No one in the public audience wished to address this item Motion 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-28. Vice Mayor Titc0mb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 3-2. Commissioners Bradley and Tillman cast the dissenting votes. Proposed Ordinance No. 097-30 Re: Abolishing the Cemetery Board City Attorney Cherof read Proposed Ordinance No. O97-30 by title only. Tim Hensley, Chairman of the Cemetery Board. spoke against abolishing this board and consolidating it with the Parks and Recreation Board. He stated that the cemeteries are hidden jewels in the City and provide a vital, economic, and psychological need for many residents, particularly the elderly. The cemeteries need to be very carefully monitored. The City has a special relationship with the Boynton Beach Mausoleum that needs to be monitored assessed, and controlled at times. He pointed out that the City will be taking over the mausoleums in the future. Mr. Hensley said a large amount of money has been set aside to perpetuate the cemetery when all the lots are eventually sold. which will be within a decade or so. Past Cemetery Boards and the current Cemetery Board see the importance of that and do not want to see that money squandered, chipped away, or removed for any other purpose but to maintain the cemetery. Frances Cleary, a member of the Cemetery Board commended Sue Kruse for resolving the difficulty with the Mausoleum. She felt a committee or one of the Commissioners should watch over the cemetery. Commissioner Jaskiewicz suggested the functions be taken over by the Board of Trustees. She felt these important functions should be handled by people who have experience m that area. Ms. Kruse advised that the Board of Trustees. which consisted of the City Manager, the Mayor, and three others, was formed to oversee the fund. However~ they have not met in several years. The Ceme[ery Board of Governors deals with maintenance, purchase of new equipment, and day-to-day operations. Mayor Taylor requested additional information with regard to the members and duration of the appointments to the Board of Trustees. He felt the Cemetery Board of Governors 29 MINUTES CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1, 1997 does an outstanding job overseeing the maintenance of the cemeteries in the standards we expect them to be maintained. Commissioner Bradley suggested keeping the Cemetery Board of Governors and eliminating the Board of Trustees, and that the Board of Trustees' duties be absorbed by the Cemetery board of Governors. Motion Commissioner Bradley moved to delete this item from the agenda Commissioner Tillman seconded the motion, which carried 5-0 9. Proposed Ordinance No. O97-31 Re: Providing additional duties, powers, authority, and functions of the Parks and Recreation Board City Attorney Cherof advised that the Commission's action with regard to Proposed Ordinance No. 097-30 disposes of this ordinance. Motion Vice Mayor Titcomb moved to delete this item from the agenda. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. None. None. None. B. Ordinances - 1st Reading C. Resolutions D. Other 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 XlI. Motion UNFINISHED BUSINESS A. Presentation of results to survey conducted of property owners within unincorporated enclaves reference annexation .......... TABLED Commissioner Jaskiewicz moved to remove this item from the table. Vice Mayor Titcomb seconded the motion, which carried 5-0. Tambri Heyden advised that Enclaves 2. 3, 16, 18. 19.21, 22, 23 25. and 26 can only be annexed by referendum. We attempted to annex enclaves I 4, 5 and 9 through an interlocal agreement a couple of years ago. We can reattempt this interlocal agreement n Palm Beach County as we feel they fall under the 10 acre rule. Since utilities run in front of this Enclave 89, we can attempt an intedocal agreement using the 10 acre rule. From our experience. Palm Beach County would support this kind of action. However. the parcel has to be developed. If the parcel is vacant but has utilities running from it. it can be considered to be developed. Enclaves 16 and 17 are the Old Dixie Highway area. They have been split into two areas (the north and south section). We could possibly annex two or three parcels in Enclave 17 and perhaps offer to waive the fees and have the property owners come forward on a voluntary basis. However. we would only get two or three parcels this way. She would not recommend this because it is not worth the effort. Enclave 16 has to be annexed by referendum. If the Commission desires to do a referendum for some of the parcels, we can do it for 16 and 17 (the Old Dixie Highway area). We could attempt to annex enclave 20 under the 10 acre rule; however, based on our survey, 50 percent of the property owners would oppose. She pointed out that Palm Beach County tends to back down if they get a lot of opposition. With regard to enclave 24, we could attempt to negotiate with BE Avionics again. We have not done that for about three years, tf we are successful in getting them to annex voluntarily, we can get the other parcels under the 10 acre rule. Vice Mayor Titcomb asked if there would be a dual referendum or a s~ngle referendum and at what poinl does the legislative process take over. City Attorney Cherof stated 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 that there are procedures available for special acts that would eliminate the referendum process in its entirety. Commissioner Bradley inquired about the philosophy of the Legislature regarding annexation. City Attomey Cherof advised that the Legislature mandated that by the year 2010. all areas that fall within certain categories (enclave areas, fill in areas, areas Where borders are irregular) that are currently in counties be annexed into municipalities. Commissioner Bradley asked if a special act could be used to capture the areas smaller than 10 acres if we run into opposition. City Attorney Cherof advised that this is possible. Commissioner Bradley was in favor of investigating the cost associated with Legislative action that would bring these parcels in all at once through a special act. Commissioner Tillman asked City Attorney Cherof to develop a matrix of options prior to the Commission making a decision. City Manager Willis asked if'the Commission wanted several options and a stopping point or if they wanted to go all the way to the annexation reserve area. She pointed out that we would not be able to service this area now. We would have to discuss a plan approach to this. Vice Mayor Titcomb stated that if we are ultimately going to have to go to the Florida Legislature. it makes sense to go for everything that the City will ultimately project as its borders and do it all at once. Commissioner Bradley felt this is a lot to take on. City Manager Willis stated that we could consider taking it all at once but phasing it in over time. Xlll. OTHER None, 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 1,1997 There being no further business to come before the City Commission, the meeting was adjourned at 10:53 p.m, ATTEST: Cite/Clerk Recording Secretary (Five Tapes) CITY OF BOYNTON BEACH Vi/pe~¢,~M ayo r ~ommisff~on~ Commissioner Commissioner 33 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVALOFBILLS JULY1,1997 1. COMPAQ COMPUTER CO .. PO# 14330. Laptop Compute~ ........................................................... ~$12,316.00 Pay From Various Funds 2. GENICOM CORP ....................................... .~ ~ Q,~m ~n PO# 13070. Computer E~u~pmen~U[,;;r'~' ............................................. , .... , o Pay From Federal Grant Fund- 105-516-5-670-02 3. INACOMpo# 1 INFORMATION3694. Hardwar/SoftwareSYSTEMSsupport ........................................................ $ 24. 542.64 Pay From Various Funds 4, LANG ENGINEERING OF FLA INC ................................. IAQ City Hall, Inv#11 ......................... $ 35,532.00 Pay From Cap Imp Fund- 302-194-5-640-05 5. MOTOROLA INC .............. PO# 12792.Annual Maintenance' ........................................................................ 4th Pymt $18,653.49 Pay From Gen Fund- 001-197-5-431-00 6. POMEROYpo# 14343.COMPUTERLaptop ComputersRESOURCES ................................................... $ 46,657.56 Pay From Federal Grants- 105-526_5_670.02 7. ROBERTSprofessiona & REYNOLDS,services, wiIPAs ............................................................... v. City, Dennis v. City, $ 25,912.77 Ghen v. City, Vil/ano v. City Pay From Self Ins Fund- 622-195-5-468-00 8. SCRWTD BOARD ................................................................................... $157,763.91 5/97 User Charges Pay From W S Rev Fund- 401-353-5-490-09 9, SOLID WASTE AUTHORITY OF PBC ...................................................... $ 60,899.28 5/97 Use Fees Pay From San Fund- 431-341-5-490-01, $58,347.39 Pay From Gen Fund - 001-411-5-490-01, $1,534.02 Pay From W & S Rev Fund--401-333-5-390-05, $1,017.87 10. WAREFORCE INC ................................................................................... $ 43,016.57 PO# 14329. Computer Software Pay From Gen Fund- 001-133-5-313-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REEBE, FINANCE DIRECTOR DEVELOPMENT ORDER OFTHE ClTY COMMISSION OFTHE CITY OFBOYNTON BEACH, FLORIDA PROJECT NAME: Heise PCD APPLICANT: Auto Care Centem of Amedca APPLICANT'S AGENT: Anna Cottrell and Associates DATE OF HEARING BEFORE CITY COMMISSION: July 1, 1997 TYPE OF RELIEF SOUGHT: Rezone from C-3 (Community Commercial District) to PCD (Planned C0mmercia Development) 3.63 acres of properly. LOCATION OF PROPERTY: Approximately 160 feet south of the southeast comer of Congress Avenue and Woo br ght Road. DRAWING(S): SEE EXHIBIT "B"A3-I'ACHED HERETO 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 Commiss on 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. 2. The Applic/ant ~_ 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 the notation "included". The Applicant's application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. Ail further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: ~~~~_- City Clerk ATTACHMENT "C" AND PROPOSED DEVELOPMENT ORDER EXHIBIT "C" Cond~roval Project name: Heise PCD File number: REZN 97-001 Reference: The plans consist of 8 sheets identified as 2nd Review, Rezonmq. File #REZN 97-001 ~ Plannin( and Zor )ivision date stamp markinq. DEPARTMENTS - I INCLUDE. REJECT PUBLIC WORKS I Comments: None UTIL TIES ' · Comme ,nts: The Uti it es Deparfment requests a meetng with the pr~ojecti -I. engineer to discuss alternate connection points to the ;existing : waC. er and sani~ry hewer systems. The Utilities Depar+J~eOt; strongly recommends a grav {:y connect on to the existing s~Wer~ ~ v/-/~ squtheast of the pamel.: · - FIRE . Comments: None POLICE ' ' Comments: None ENGINEERING DIVISION · Comments: ~ 2. Previde a master stormwater management plan as specified in , v// Chap.3 AA. IV, Sec.3T. ' ~ 3. Provide a generalized statement of subsurface conditions plus / location and results as they affect the site. [Chap.3, Arf. lV,V , sec.3p] 4: ol~tai~ Palm Beach County approval to out[all into the Congress A~e. storm sewer system. 5. All oomments (except 6 and 7) shall be met prior to permit ssuance. 6. A i documents submitted shall be s gned sealed and dated by the V/ appropriate design professionals per F.S. 471,025. 7. Owner shall provide'the city with an acceptable hold harmless ,~ letter ito insure against any errors or omissions on the survey submitted by R.L. Vaught & Assoc,, Inc. Page 2 Heise, PCD File No. REZN 97-001 · .-... · [ alks be constructed around the 8 · It s recommended that 8 s'dew · bullding!and~wheet;stops be~elimin'ated due to'tripping h'azard. 9. It is recommended that loading ~one Screen walls be eliminMed and a~as stdp~appropd~ey (r~uirpg an ~pp~a t~ the 10 ~mme~tb~-~he,~p~J~: ~o~be ~0~ide~ed by~e Comments 12. Si~ t~e.~itee~ ~l d ng s gnage ~ep ~ed on the Cans does not ~ct~code .sP~ClfiCa~ OhS regard ng, color size style or type. ei{~r amend .~ plan~ to sh~ the s~edfications ,in ~mP ance ,~t~e' codeJ0~ace~e ~l~wi~g~ n~te,en the maste~ plan and r~rdi~g;Site ~ ~bui~d~ng :signage¢ [Chapte~ ~ ~:.Sigh Cod~, A~i¢le IV/SeCtiOn 7]~ ' ' 13. A~e~;al~¢ plan view; ~r~in~s, to ~ew compliant, with the F odda A~ r~iey, q~B~ [~G ~d~dg, an ~ess b!e path le~ng to the e~ ~.q~,~f t~,.~!ldin gs fmm~ e~sting;sidewalk~cat~d Within t~:~a~i~g dg~o~*W~ ,y. [~haP{e~ 20; Bui d n ~ Housih~ add ~r~qt(?~, .Regul~t!~m,. Afl. 'l~..*Sec. '5 ¢ th~"Ci~'~ Land. PARKS A~,BEGB~I~: , Comme~:-~ Commedts: 14. .~,,:, appl, cant must~ ~, subm~ a tree ?wey. and a tr~ management p!¢n ~qr,,the= pr0~ct, fa~ red, cate.on the lands~pe plan tr~es will be pr~S~wed transp anted or mmov ~; : ;~, .. . ~.~ . ed and (eplaced .~se, trees,a~ m '~add~tmn to 'the trees re U red b the E4~d=~F~ Co8~;t~n~mnmental Regulation, '7~, Sec~ S~c.I~ p.3). Page 3 Heise, PCD File No. REZN 97-001 15. The applicant must submit landscape and irrigation plans for that portion of the Congress Avenue grass median which abuts the ste. Comprehensive P an, Policy ~.4:5 p.42 in compliance with the andscape design policy and an existing landscape design for the med an can be obtained by contacting the City Forester. PI.ANN NG AND ZONING Comments: 16. Code amendment appro~zal' al owing, autometi,ve~uses on parcels of 3 acres,` or more in PCDs -(Planne~j C0mmemial DeveloPments) is necessary pr or to mzor~ ng approval.. - ' : ' 17. Submit a deed thatcontainS a legible[egal description.. · 18. Complete the submit[ed "Comparison 0f tmpactS",~by indicating the proPOsed water ConsUmPtion and sewer generated for the subject V project. 19., Subm!t the original of the signature,, page of the application (w th · ; original signatures 6f~the property (~ner and a~n{) to supplement' · the copies submitted; ~ ~ r ' ~ ~ ' , 20.i Submit a legal document that constiWtes evidence that the entire site is under unified COntrol ;as r~q~Jired for PCb'rezonin~g' ,/ applications. [Chapter 2- Zoning, ~S~c~n 6. F. '3. Of the~ Land '~ ,,D, evelopment ~,egul~iOns]~i '~he,~eg~l ddcumentshall betiffed i Unified Control DoCent;~ The document shall ,at m n mum~ · contain the following~tatement~: ' ' a) I property ~ownecof ~ the prop. e~ describedWith~n ~h~ attached Exhibit "A" and Exhibit B declarethM~hatthis!d0cument shall bind in perpetuity all heirs assigneeS; ~uccessors and future prOPerty ' oWner or owners, if ar~y;,to develop, operate and maintair~ said property under unified=~n~rol;rt in-compliance with the City of Boynton Beach Code:~f Or'dina~ces and conditions~of approval of all Develo~e ,nt Orders or Development Permits issued for the ~roPert~.~wit,hOut recourse,to the city or any other public a~en~;y., ~',he ham~ or'title of the entity respon~ible:fo~ de~elqping,:l, 01~e~ating and maintaining the subject property.unde~ ~n~ed ~ontrol shall be i .... ~t~is entity shall be identified on the plat and plat ded!ca~ o~ w~tb the signatures of ~he controlling party or paAies:iden~"~]ed on theplat. ~h~is document she not be:,amende~ or mod fled without written consent from t~e City ot~ Bdyrltdn Beach City Attorney or Page 4 Heise, PCD File No. REZN 97-001 attorney designated by the city attorney b) Exhibit "A" shal~ include~he re .c~;.rde~deed 0r deeds of al ~properties inc~ded~vith n th~ sub.le~ reqUeSt andthe deeds sh~l, include the de~c~ptien.:. ~f each property. c) Exhibit""B .shall !nclude a' sepamt~ ~g~l descdmion :of the- ~ :'entire Pr0PePty~ ~;ClUded ih~ the ~bbj6ct' "i,eqb~st.':. Where ........ pmperbes !~at- are.: pad.: o~. ~the~ reqg.es~., mtC~ ~ne legal i~a !~ si~-~ ~al~!b~ ~ !s r Of re.~d ~fOh the d) ~e ongma. ~dted; an~ :~d .dS~u~ent ,~all 68, The bu Id[ng de~n'~ll~et ~G, om~gt~De~n Plan 21. inch ramg the Ioc~tmn, 8f ~a: ~d(s: s¢~h~:;~{ ;~Sng the 22. Provide ~ns~SteRcy rega~ ~Bm i¢~4~ for the s~e ~e~equired PCB s 40 feet p me~m~ll~/~, ~,~ ~.:¢_;~( t, 23. On themaster plan sh~ [e~ufred. ~aek~a~g , . ,;% ? 24. Provide consistency, wi~_ re~a~,, ,-, , ,,, ~.~,~' ,,Oj~,¥Master, ' 25. Prowde a un ~ ~f t t e ~cume~ f~¢¢ ~,a~,~¢~ ,,B 26. It ~s recommended . t~t¢~: E~ ~¢:~ ~¢~ B~ffer foot h~gh concr~e bl~¢k ~1~',~.,~ ~ t, B ~8 sA~ ~, ~r ¢~ m~,, tr~s eve~ 30 f~t, a3,~ ~ ~[ ~¢~I ~ ~!¢2feet~ and west buffer cha b ~ e ~ i ') ~ J ~e¢ ~,'¢; without the wall .F.~ (5 ,) p~r ~1 ~ ~ ~ ~ t ~ ~ [~ ~ the above buffe~ shall. ~ ~ ~¢~,~ Page 5 Heise, PCD File No. REZN 97-001 27. Include a vicinity sketch, as.required by the code, showing existing . develOpment on-adjacent properties in the immediate vicinity of the V/ subject site and existing natural features. s bs 28. Provide statement of the u urface conditions. 29. · IndiCate location of alt proposed easements. 301 Eliminate conflict between proposed utility and access easement i~/' and the proposed 25 feet Wide peripheral greenbelt at the southern end oft~e prope~ by aband0ning:and relocating the easement. If the easement can't b~ abandoned and reloCated, separate the buffer location from the easement.. 31. IndiCate the use of th~ portion .of the, property immediately east of the Woolbr ght ROad'!~mSs/ingress dr ye'.W.;ay. If this area is to be an open space 'it~ !i~ r~con~m~nld~d,' that the. egress/ingress / drive~W~ay Iogatipn be~.m0yed appr0~i~at, e~y 22 feet~e~t to a more centraLIoca(i0.~ of th~s'iPa~ o[ the parcel. Also, it ~srecommended that this' entrance ~e~.a~ppmpd'atejy landscaped to beautify, the entrance from WOO bi'~ht Road t0.fl~e dev¢~ opment. 32. Connect the mtad 'and~scrvtce~ad~lr[gs With a~ decorative archway ~// that;WOuld all6Wgeh!ae, i~,~i',Ar&~way" may e~c~ed 23 feet in height. ' ; 33. t s~ recommended that cont nuous (exc~ept where vehicu ar and ped~estnan conn~0ns) foundation landscaping be provided along the .~orth, south and west~b~i!ding etevatio~ns.: . 34. It is' recommended that thefrqnt of~be b 3ilding(s) be moved back (approximately lp feet) from COngress , kVer~Ue to align with the / McDonald s/Amo~,o bu~ d~ng ar~:j that :the, [dd~tiooal d~stance ga ned be located along Congress AVenue ;to~ m~ ,ease ~the width of the west buffer, i ~ r' ; ~ 35. It ~s recommended ~that-~S~pansb S t e3s ,(terracotta bend), comparable to those, used on McD~nal~ s/Amoco~ be added to the V 36. It ~s recommended that a stucco; wall flm~h painted ~e~ge a~t~que white or another Close,matching color, cbi'nbinati~r~ similar ~to ! V McDonald s/Amoco be used . I i 37. it ~s recom,mended that tnm or accent colgrs be changed to mat;ch I ' the b ue used on McDonald s Amoco, Page 6 Heise, PCD File No. REZN 97-001 38 t is-recommended ttiat~awmngs be covered W'tl~ Spanish ~S" t"es 39. It is 'recommended thatthe building:he ght not'to,exceed 23 feet (the McDonaldlS'Amoco Gas Station jS a~proximately 2~ f~et)~ 0. Thr~e copies',.of~the master plgn re~ified to,~ ~a!ddm~ Ilcon [fi~ns~ Pl~ s~bmi~;~ : 42. ' It s recommended that 43. Re~ord Comm~ t~ read ¢~¢~ I0~$~ I ~g the west s~th~:b~[4~tb~[~g~a~:[~e~ . s~d~walk:an~ a ~9~9.~r~l~t ~i~l~ ~at- n~u~emg move one ~oot~t~e east. 45. R~ord commeht ¢:2¢ te:.m~as .[910~ The bU ding ~ign sha~l m~t the C ~mmumty ~osI~ B~n and no overhead doors or' autCmot ve sew way the doors o~eBj 46. Reword ~mme¢~!~~ws: It, srecomme~d that cover, a, throe f0¢~gh berm .~ s x~o~ clu~tem of ~ ~ub~ here a~d Ch~.}~e~ ~if~}t~it~:~~ ~ax~,~ of ~0 fee~on center ~h~sp~B~tm~.~ffie no~h~ ~and~est 47. Re rd commen~ ~31~.~r~a~;!~l :;Indi~g~ff~.h:e;~Se of the entr, n~ be appn ~r~te~g~d~ beaut~ ~e~ ntr~ from We0 ~dght ROad}~[~ ~~[ ' ' --" 48. Rew~rd~ comme~[:~3 be provided al~g:,[~,~h, :~ and we~ ;~ons where Page 7 Heise, PCD File No. REZN 97-001 practicable. 49. Delete comment ~34. 50. Delete comment # 35. 51. Delete comment #36. 52. Delete comment #37. 53~ Delete comment ~t38. 54i Building design shall be compatible with surrounding architecture, 55~ Reword comment #39 to read as follows: It is recommended that ~ the building height not exceed 30 feet. AD~DITIONAL CITY COMMISSION CONDITIONS 56i To be determined. TJH~dim s:~proj~cts~ond of aDor~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Heise PCD APPLICANT: Auto Care Centers of Amedca APPLICANT'S AGENT: Anna Cottrell and Associates DATE OF HEARING BEFORE CITY COMMISSION: July 1, 1997 TYPE OF RELIEF SOUGHT: Rezone from C-3 (Community Commercial Disttict) to PCD (Planned Commerc a Development) 3 63 acres of property. LOCATION OF PROPERTY: Approximately 160 feet south of the southeast come~ of Congress Avenue and Woolbdght Road. DRAWING(S): SEE EXH BIT "B" A~TTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach Florida on the date of heating 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 ~3ublic 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 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 the notation "included". The Applicant's application for relief is hereby ~/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 ATTAC AND PROPOSED DEVELO'PMENT ORDER EXHIBIT "C" Conditions of Approval Project name: Heise PCD File number: REZN 97-001 Reference: The otans consist of 8 sheets identified as 2nd Review, Rezonin,q. File #REZN 97-001 with a May 15, 1997 Planninq and Zonin.cl Division date stamp markin~ I~ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. ,The ~Uti ities Department requests a-meeting, with th~ prpject er~gineer to disq~ss atemate connection points to the ~fing, ~ater and Sanita~ sewer SYstems..~Tge Utilities Deppr~tment. ~r~ r strongly.recommends a gravlty C°nne~ioh to the existing,seWer,. ~ ~0u~h~ea, st of;the parcel: ' ~i~ ~i · FIRE Comments: None POLICE · Comments None· ENGINEE NG DIVISION Comments 2. a master stormwater management plan as specified in Chap.3 Art IV Sec 3T ~p - 3. rovide a generalized statement of subsurface conditions plus ~location and results as they affect the sit®. [Chap.3, Art. IV, , I ~Se.c.3P] 4. ~Dbtain Palm Beach County approval to outfall into the Congress ~Ave. storm sewer system. 5.ic~AII comments (except 6 and 7) shall be met prior to permit i issuance.~ 5. ~ I documents subm tted shall be signed, sealed and dated by the v/ ~appropriate design professionals per F.S. 471.025. 7. Owner shal prOvde the cry with an acceptable hold harmess lletter to nsure aga nst any errors or om ss ons on the survey ~subrnitted by R.L. Vaught & Assoc., Inc. Page 2 Heise, PCD File No. REZN 97-001 8.-,~ It:-~s recommended that 8 s~dewalks be constru~qted around the ...... ~ildingand.Wheel s~0ps'be eliminated dd~ 9.' .... if:isr ~eCo~mended~that loading zone sc~ee~ Wa~s bee m ~ted ~and ~are~,;~iped ~apPropdate (mqu r ,~CCm~u~Des~gn Plan to be ~ed). Walls ~11 impaq' Safe~ and 11. J n .o~der t~ ~a~t~e;~a~ mA ~ ,s f~m ~1 12. ~;n~the s~an~-buddmg:s~g~ ~p~c~on:theplansd~s not ~ t~r ~e~' ~B[pla~ to, ~h~ ~e sp~ifi~fi~n~ ~Jta~g ;1~ ~,~m~gs;~ ~e sanpreg~amfOr spe ~c ~ ~ ~,s~ ~a~[~d~mg, s~gn~e~ '[~a~[ 2~ + s[~ Code ~9 ew~r~Wi~gs to show complian~ with the Florida ~b~dir ~ J~m,th~ ~lst ~:,sldewa!k J~ed with a ~h~ ~{ ~tf~qf-W~y~ ,[Gba~er 20 PARK~; ~e appoint m~f sgSm~, a tree~ suwey and r~plar~ ~q,t~e~r~ ~d md~m on the, a~dsca~ ~an Whch tmn to the ~ees mq~r~d~ by the and~ape ~ ~a~ (~wr~menta Regu afio~ ~ec.12,~p.3).~ Page 3 Heise, PCD File No. REZN 97-001 15. The applicant must submit landscape and irrigat on plans for that portion of the Congress'Avenue .grass med an wh ch abuts the site, Comprehensive Plan Policy 2.4.5 p.42. n compliance with the landscape design policy and an existing landscape des gn for the med an Can be obta ned by contact ng the City Forester PLANNING AND ZONING Comments: ~. · 16. Code amendment approval al!owingautqmot ve bs~s on parce s of 3 acre~, or more in P~CDs ~pia~e~,iC~mmercial;D~valop~n~snts)~ is · necessary pdor to rezoning a~proval; . ~ ~ 17. Submit a deed that cont~ins,a:.legib[e/egel,description., ~ 18. Complete the submitted "Cd~padS0r~ ,i3f:ilh-~pacts" by indicating the p~opc~sed water c0nSumpti0r~ ~nd seWer g~nerated for-th® SL~bject p~'oject, 1~]. Submit the original o~the; signa~Ure;Pag~'0f~.the application~(With o[iginal signatures of thee pr~operty ~own~a~ agem),to suPP ement the copies submitted. (' ~ ~ ~ ~ ~ ' ~ ~ ~ ~ r r ~ ' 20. Submit a legal document:that ~ceastit~=,evidence that the entire s~e is under unified cboe'01 as r~uir~i~ ~D ~rez0ning appliCations. IChabOd;?. Z~,i,~ ~h ~:, ~F.i ~.. ~Of~ th; .~n~ D~eve ~opment RegUlar ~n~s] ~h~,le~de~ent~ ~ha~lt be t t ~8 ~mfled Contro[~Docu!~t3~, ~he, docu~e, rit~shall~ at minimum c~ntain the folt~,ing'~me~t~ ,a) I. ~ ~, ,. , property owner of i the property des~d withi~ the~ach""' - ed'Exhibit "A" and ~ Exhibit B declare~that that,~h~s~dOc~ment siva I b nd n, , p ~ at he~-~s~ gn~s~ su~e~sors and futureproper{y owner or owners fany to deyelop; ~perate and ma ~ta~n sa d . property under umfi~d,centre n C~mp!iar~qe with the City of oynton Beach Co;de o[ O~cesiand conditions of approval of al! De~ o~mer~O~a~; 0!;';Deye opment Permits issued for the~pro~rt~ wJtl~OU{~ecea~Se t°r thec tv oranv · .~ ; - .~ , . L · .: -- other public agenCy,~ The aame or.~!tle of~the enbty ·. , responsible f~r de~pir~g~oPe~-ating a~d ma nra ning the subject property ui'~der unified ~ntr:0 ;sba t,be , · r 1' ~ ~ ' ~ ' ~ ;~ S~l be dentified on the plat and p at ~i~na~t~es of the ' contro ng party o~ 'art es '. Ip ~' d .0' 'the~ ~lat, Ths document Shall net be ame~tde~ 0r modified;w thout written consent from the City of;Boyn~e~ Beach C~tyAttorney or Page 4 Heise, PCD File No. REZN 97-001 attorney designated by the city attorney. b) Exhibit A :.sha~ include She recerded deed or deeds properties in¢lu~jed,with~ the;-SUb'ect reqUest ~a~d the: d~ds s~!! Inclu~:~the~ leg~l.,,.descnption c) Exhibit E , hal dnclude~,,separate, rlegaEdes~Jpt~on ofth~,~ · entire pr: )~ ~, ifi~lad6d.r:,ihlthe sUl3j~=~reqt~$t applJcab~ le ,le al deScrJ~on, shall Th~ ong~n~ ~t~ and ~ ~P~t~ s~al[ 21. ~ne o~ a ng aes~na i;~eet street , ~..~. 22. Prowde con s~tepcyCmga[~ far ~e s~te ~he reeu~ ~:~ PCD is 40 fe~ DI ~ 23. On the maste~plan show mqu~ setb~k~[on~; 24. Prowde ~nsi~tency ~ ~mga~ plan shows 25. Prov de a un ~ e~ti~a~ ~nta n at m~mmum ,g~un foot hgh con~t~ block, ~aff;~;s trees eve~ 3~feet ~ tall with a m~mum sD, c~ and west buffer ~{ ;t~ ~:~ the wall. Fi~(50) p~ ~n~ Page 5 Heise, PCD File No. REZN 97-001 27. Include a vicinity sketch, as requ~ired by the code, showing existing development on adj~icent Properties in the immediate vfcinity of the !// subject site and exist ng natura features 28. Provide statement of the subsurface conditions. 29. Indicate locatiOn of.alt pmp0sed 'easements .... 30. Eliminate conflict between proposed utility and access~easement and the proposed 25 feet.'Wide~pheral greenbe t a~ t~the~s~athem / end of ~e prope~ ~by~abar~doning arid reloCating th~,easerrienf_. If the easement'can tbe abar~doned and relocamd, separate the buffer location from the easement. 31. Indicate the use of the portion q~.the property immediate yeast of the Woo!bright Roa~:l egresslingress,~riveway.' If th~s ~emajs to be an open space' it iS recommended, that the eg~:ess~ngress . / ddvewa,Y loc..~on be~moved ~.Pl~'ox mate y 22 l~eet east to a m~ore Y centrall~cation oft~l~ p~t 0fthe par~Cer. AlSo, it is re~cbmmended that this entrance, b~. app.r~pri~yi~and~ed~o~:beau~ifY~ the ' entrance f~omr Woolb~ight I~°ad t~ th~ devel&l~r~ent, 32. Connect the retail and Sar:viCe bUild hgS With ;a deborat Ye archway that would~llOW ~ehj¢leipasSage'~' A~cl~/ay n~,~,~ed '23 feel ~// 33. t s recommended that cont n~ous .(exce where veh cular~ and p~destfiah connectl0,ns) foundabon andscapmg be pr~v de~ aong ~// the north, south anti,vest bui~[d~ng ale~a~fionsj~. ~ 34. It ~s recommended~t~at the;~;~0f t~! bui:td~ng(s~;bei~rnov~,d back McDonald S/Arh0co~ b~uilding ~n~,t~h~t fh~ add~i'~n~ be Iocated~ along, CctngresS~-~i'V~ oue ,~ increase~the ~widt[' of the 35. It ~s recommended~ ;that ~l~...~.'..h,~,iS .ti!es (terra~Otta~blend); c0mparab e~to tho_se~dsed d~* ~0~Aid ~,0co ~e ~dde~ tb tl~ bu~ldno ~; ~ ~, . 36. It s recommen~led :that a stu¢co~Wa ,;finsh painted beiae~ ~antiaue ,/ white or anothel; close-mat~l..ng color, combination.' similar to UcDonald'slA~oC°beused~.i i~ ~: ;~ i : · hat tfi 37. It is recommended t m or ~accent Colors be changed t~i match the blue used o~ McDona d s,A~oc0 ', ~i Page 6 Heise, PCD File No. REZN 97-001 · dd~ itig be coveted with:Spanish~,S"*til~.. It ~s recomme ~that. awn s ' 3~- l~is r~(~omme0dedthat~thebu!ldingheight n6t~td:ex~,eed~:23~fee~[ (the McDonalds~AmocoGas station is approximately 21 teet)~ 40. Throe ;c~pies ,of the master plar3, mctifie~.to address.all conditio,ns pfa~ SUbmittal e~ ~;~ ~,,~ ~ ~ ,: f~ls~ ;~t,' :t~ ¢~[¢~1 !~me~d~'''that 48. ~ew~¢, ¢~m~,~ 8:~;~r~d t~ founda~9~ (ands~mg Page 7 Heise, PCD File No. REZN 97-001 practicable. 49. Delete comment #34. 50, Delete comment # 35. 51, Delete comment #36. 52. Delete comment #37. 53, Delete comment #38. 54. Building design shall be compatible with surrounding architecture. 55. Reword comment #39 to read as follows: It is recommended that , the building height not exceed 30 feet. ADDITIONAL CITY COMMISSION CONDITIONS 56. To be determined. TJH/dim s:~orojects~:ond of apl3~