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Minutes 06-17-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 17, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor. Mayor Matt Bradley_ Commissioner Shirley Jaskiewicz Commissioner Henderson Tillman. Commissioner Kerry Willis, City Manager James Cherof. City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to order - Mayor Jerry Taylor Invocation offered by Commissioner Henderson Tillman Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz Mayor Taylor called the meeting £o order at 6:38 p.m. Following an revocation offered by Commissioner Tillman. Commissioner Jaskiewicz led the Pledge of Allegiance to th~ Flag. D. Agenda Approval: Additions, Deletions, Corrections City Manager Willis requested the addition of Item V-C. "Business Loan Fund of the Palm Beaches". Commissioner Bradley requested the addition of item X-A. 1, "Forward on the High Speed Rail to the Advance Notification ReSponse Team". Commissioner Bradley asked for clarification on whether the tabling of the Ordinances on tonight's agenda can be done administratively. Commissioner Bradley felt members of the public might be of the opinion that postponements such as this should be done by the City Commission. Attorney Cherof advised that there is an administrative authority to defer items when there may be procedural defects with publication with respect to the notice, or other procedural matters that interfere with timely adoption. There is no mandate that these Ordinances go on the next meeting agenda following first reading. This is staff's way of moving them on administratively. No Commission action is necessary. At Mayor Taylor!s request, the Commissioners agreed to table Item XI-A.3 until the entire Commission is present. Commissioner Jaskiewicz requested that item XI-C.3 be tabled until the next City Commission meeting to provide an opportunity for people who have an interest in this SHIP advisory board to fill out a Talent Bank form. There was agreement by the Commission that this issue will be addressed at the Special City Commission meeting scheduled for June 27, 1997. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Attorney Cherof added Item XI-D.2. "Request for a Shade Session on the Leisureville Lawsuit at the July 1 City Commission meeting. 2. Adoption Commissioner Bradley moved to approve the agenda as amended. Commissioner Tillman seconded the motion which carried 4-0. Mayor Taylor announced that Vice Mayor Titcomb would not be present for this meeting since he is out of town. II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Pre-budget Workshop - Friday, June 27, 1997 ~ 3:00 to 6:00 p.m. - Library Program Room Mayor Taylor made this announcement. July 4TM BIG BLAST FIREWORKS EVENT - Boat Club Park - 3:30 p.m. - Food Beverages, Contests, Bands and Fun - Fireworks at 9:00 p.m. Mayor Taylor made this announcement, Presentations: Presentation by Art Matthews - Update on Boynton Community Development Corporation Office Renovation Project at 2191 North Seacrest Boulevard (corner of Gateway Boulevard) Art Matthews, 1262 Gondola Court, is President of the Boymon Beach Community Development Corporation He acknowledged the presence of members of the CDC in the audience, and introduced Angela Girtman. Project Manager, Mr. Stan Martincavage, the attorney, and Mr. Thaddeus Collin. the architect for the project. Mr. Matthews advised that the Mayor and City Commissioners received back-up information providing the sequences pertaining to the project. The CDC has given this project a great deal 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 of thought, and spent in excess of $16.000. The CDC is serious about the development of this office and they want to proceed All expenditures were with money provided by the CDC. Time has taught Mr Matthews that rushing forth does not accomplish anything. This project has not been an easy one. and things got bogged down However. the CDC has moved at a deliberate pace. Thaddeus Collin, of 75 NE 6~n Avenue, Suite 219, Delray Beach, said he has been retained to help accomplish the goal of the CDC. This property will be converted into offices for the CDC. There have been discussions with Palm Beach County Housing and Community Development relative to their requirements for drawings and bid documents. The plans are currently on the street for contractors to bid the project on July 8,n. This new office will be used for meetings and to house the CDC. There will be on-site parking, landscaping, lighting and irrigation This property will be an asset to the CDC and the community. In response to Commissioner Jaskiewicz' question regarding when the renovation of the building will take place. Mr. Collin reiterated that the bid opening date is July 8% Once the bids are opened, they will be reviewed and Palm Beach County Housing and Community Development will be notified of their receipt. They will review [he bids along with the CDC. Once the contract is drawn up, the contractor will submit the drawings to the Building Department for review, When that procedure has been completed, construction will begin. Mayor Taylor advised that the City has been receiving complaints from the community for over Two years about this property being an eyesore that sits at the corner of a major intersection This project has dragged for more than two years. Although the CDC has done an excellent job in this community, this project "dropped through the cracks". Plans for this project were sent to the County in October. and no response was renewed from them until February. Mayor Taylor was of the opinion that the CDC should have contacted the City for help. While Mayor Taylor wants to see this project come to fruition, he knows there is a limit to the community's patience. Mayor Taylor ~s aware of the fact that some of the money thai was originally set aside for this project was spent in other areas. That money has been put aside again Mayor Taylor wants to be able to provide the community with a date when this project will be completed. He urged the CDC to seek assistance from the City if they do not receive a response from the County within a few weeks after forwarding them the plans. IV. CONSENT AGENDA: A. Minutes: 1. Town Meeting Minutes of May 29, 1997 These minutes were accepted as presented. Regular City Commission Meeting Minutes of June 3, 1997 These minutes were accepted as presented. 3 ME~:TING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Motion Commissioner Jaskiewicz moved to approve the minutes as stated. Commissioner Tillma~ seconded the motion which carried unanimously. CITY MANAGER WILLIS REQUESTED THAT ITEMS "C. '1" AND "C. 7" BE REMOVED FROM THE CONSENT AGENDA FOR PRESENTATION. COMMISSIONER BRADLEY REQUESTED THAT ITEM "H" BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION. ab Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Award annual Contract for Safety Clothing and Equipment to the following vendors: Ritz Safety Equipment, Inc., SAFECO, Inc., and Safety Products, Inc. C. Resolutions: Proposed Resolution No. R97-93 Re: Approve job description for Assistant to the City Manager/Public Information Officer This item was removed from the Consent Agenda for presentation. Proposed Resolution No. R97-94 Re: Ratification of Wage Proposal (Article 14-Rate of Pay) for fiscal year 1996/97 between the City of Boynton Beach and the Fraternal Order of Police - Lieutenant's Unit Proposed Resolution No. R97-95 Re: Ratification of Wage Proposal (Article 14-Rate of Pay) for fiscal year 1996/97 between the City of Boynton Beach and the Fraternal Order of Police - Sergeant's Unit Proposed Resolution No. R97-96 Re: Authorize acceptance of the Letter of Credit for Condor Investments of Palm Beach County Inc.. (Cedar Ridge Estates) Proposed Resolution No. R97-97 Re: Reduction of existing surety for the project known as Military 6 L.C. (a.k.a. Crescent Centerl for water and sewer systems 6. Proposed Resolution No. R97-98 Re: Authorize issuance of a Certification of Qualification to McAIpines Towing Proposed Resolution No. R97-99 Re: Authorize execution of Neighborhood Assistance Program Agreement and authorize expenditure of funds for landscape/irrigation improvements on the first two medians of 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA JUNE 17, 1997 NW 17~ Avenue 'n the amount of $3,000 for irrigation materials and $11.003 for contract installation of concrete curbing This item was removed from the Consent Agenda for presentation. Proposed Resolution No. R97-100 Re: Authorize execution of Addendum to the Lease Agreement between the City of Boynton Beach and Boynton Plaza Shopping Center for the Police Substation Proposed Resolution No. R97-101 Re: Approve Parker Yannette Landscape Design Contract in the amount of $4.700 and approve expenditure of $38,500 from CIP account which will be 100% refunded to the City by FDOT for the continuation of landscape beautification improvements along west R.O.W. on North Federal Highway from C-16 Canal north to City Limits D. Approval of Bills A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bills - May, 1997 A copy of these ~)ills is attached to the original copy of these minutes on file in the City Clerk's Office. F= Approve Records Disposition Requests Nos. 331 & 332 from Utility Billing for Utility Customer Records Approve request for a refund on Cemetery Lot 19S, Block O - Boynton Beach Memorial Park Approve purchase of Davis EMU Pumps for Master Lift Stations 356 and 309 from A. Gutherie & Associates, in the amount of $95,713 This item was removed from the Consent Agenda for further discussion. Approve request from Tim Deen and Kevin Walker to close SW 9th Avenue between SW 1'~ Street and SW 2"d Street in order to hold a block party on July $, 1997 Authorize continuation of the Beach Snack Bar Lease under current lease conditions with Partner's Plus, Inc., on a month-to-month basis until future snack bar operations are determined Approve request for a mid-fiscal year 96/97 reappropriation of funds for the Community Redevelopment Department to provide a Clerk III position 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 L. Approve transfer of funds necessary to distribute C.O.L.A. to various departments due to union negotiations M. Approve purchase of Color Plotter to be used with CAD/GIS equipment from Engineering Software Services in the amount of $7,497 Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Items C. 1, C.7, and H Commissioner Bradley seconded the motion which carried unanimously. DISCUSSION OF CONSENT AGENDA ITEMS. C. Resolutions: Proposed Resolution No. R97-93 Re: City Manager/Public Information Officer Approve job description for Assistant to the City Manager Willis advised that this will eliminate the stand-alone position of Public Information Officer by merging these duties and responsibilities with those of the Assistant to the City Manager, Wilfred Hawkins. This will result in a savings of approximately $40,000 He will have oversight responsibility to coordinate all activities of the public information functions including the newsletter the Citizens Action Center. and work with community outreach programs the City is implementing with the Neighborhood Specialist. City Manager Willis clarified the job description by advising that an applicant m ay qualify for this position based on a combination of education and experience suitable to the position. City Manager Willis requested authorization to proceed with a 10% ncrease in Mr. Hawkins' salary because of the additional duties. Motion Commissioner Jaskiewicz moved to approve Commissioner Tillman seconded the motion. Mayor Taylor advised that he has been present on numerous occasions when Mr. Hawkins has represented the City. He does a very professional job. He congratulated Mr Hawkins on his promotion and feels the salary increase is well earned. Commissioner Tillman agreed with Mayor Taylor's remarks and added that Mr. Hawkins has served him well since he was elected. Mr. Hawkins was commended for his presentation of the Visions 20/20 Quick Victory Projects at the meeting that was held on June 9% Commissioner Tillman wished Mr. Hawkins good luck and is hopeful the City's scrutiny of information will get better with Mr. Hawkins handling this responsibility. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, '1997 Commissioner Jaskiewicz is very proud of Mr. Hawkins. and was impressed by his presentation at the June 9'~ meeting. She is very happy Mr. Hawkins settled here in Boynton Beach, and hope he never leaves this City. Commissioner Bradley feels the only requirement Mr. Hawkins is lacking that prevents him from becoming a city manager is higher education. Mayor Taylor agreed with this comment and encouraged Mr. Hawkins to continue his education so that he will be able to grow and succeed in his profession and in this City. The motion carried unanimously. Mr. Hawkins thanked the Commissioners for their remarks and stated that he is a dedicated employee with no intention of leaving this City. Proposed Resolution No. R97-99 Re: Authorize execution of Neighborhood Assistance Program Agreement and authorize expenditure of funds for landscape/irrigation improvements on the first two medians of NW 17~n Avenue in the amount of $3.000 for irrigation materials and $11 003 for contract installation of concrete curbing Mr. Hawkins advised that this is one of the first projects that the City will be attributing to our "Quick Victory Program". However, it began prior to the implementation of the "Quick Victory Program". The project involves NW 17~ Street. Although there are four medians along this roadway, we intend to revamp and reestablish the first two medians at this time. The City will contribute some of the materials, labor, and planning. The association will contribute labor, materials, and helped with the planning. To solidify this working relationship, we will institute a Neighborhood Assistance Program Agreement. This Agreement will formalize the relationship between the City and particular association or organization. The Agreement will talk about what the City will bring to the table, and include a breakdown of dollars and volunteer hours that the neighborhood association or organization is bringing to the table to complete the project. These Agreements require projects to be completed within at least one. If the project requires additional time, a time extension must come back for approval. The City will include an appendix that explains exactly what the project will entail. This will be known as a "work plan". Since this particular program began before this Agreement was instituted, it is not part of this approval tonight. However, the back- up material contains all of the memos written by staff relative to this particular project. We will be working with one of the banking institutions to establish an account to pay for materials that are needed for a project. We are awaiting a response from First Union. If they agree to participate, we will deposit funds that will be drawn on to complete the project. Those funds will be the dollars the City has allocated for the project, and any funds the association or organization contributes to the project. The account will only have the life of the project. The Agreement also addresses the issue of volunteer hours. The volunteer hours required for the project will be specified and included in the Agreement. This Agreement will allow each 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, '1997 side the City and the neighborhood association or organization, to know exactly what ~s expected. Mr. Ackermann emphasized the importance of everyone realizing that To make these projects successful, participation is needed by everyone. These projects will be team efforts. Everyone involved must make a contribution to this partnership. The funds that are designated indicate the limit the City will have to spend. There have been donations secured from Palm Beach County for the irrigation, and olants, valued in the thousands of dollars have also been secured. This Agreement was the result of research of a number of cities that have programs such asthis in place. We are using Orlando's model, and we valued a man hour at $10. We have calculated that $2,100 worth of man hours will be contributed. This is an ideal project that shows what can be done if we work together. Commissioner Bradley was very encouraged that this program moved ahead so quickly He is very excited about this program and commended staff for their efforts. Commissioner Bradley feels it is critical that there be a balance between City and association/organization participation so that neither side loses interest in these partnerships. Commissioner Jaskiewicz feels this prdject is a perfect exam die of the sense of community pride that is exuding all over this City. She is very pleased with this project and is anxious to see more of them in the future. Commissioner Tillman feels this shows the direction and the positives that can happen from working together. The more the City works together with the community, the more the City will blossom He is thrilled about this project. Mayor Taylor reiterated that this is a joint project. He believes the neighborhoods will protect this project because it belongs to them. He is very pleased that the City is helping to the greatest extent possible, and is proud that this is the first "Quick Victory Project". He reminded staff to erect the Visions 20/20 Project sign as soon as the project gets underway. Motion Commissioner Bradley moved to approve Consent Agenda Item C.7. Commissioner Tillman seconded the motion which carried unanimously. Approve purchase of Davis EI~IU Pumps for Master Lift Stations 356 and 309 from A. Gutherie & Associates, in the amount of $95,713 Commissioner Bradley requested an update on the ssue of the lift station near the marina project. He questioned whether or not it is possible for the City to move this lift station. John Guidry, Utilities Director, advised that this lift station cannot be moved since it is the highest producing station in the City. He reminded the Commissioners that we do not know what the marina wilt look like at this point, Utilities will do whatever is necessary to make it blend with the general architectural theme. There have always been discussions between Utilities and the City Manager's Office about this issue. The West Water Treatment Plant was 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 built to meet the architectural theme of the West Boynton Beach area Mr Guidry is committed to doing whatever is necessary to make this station blend in with the surrounding community. He reiterated that this lift station pumps more wastewater than any other master lift station. He would not want to move it. Mr. Guidry advised that because of this evening's lighting strikes, communication with the 150 lift stations throughout the City has broken down. Motion Commissioner Bradley moved to approve Consent Agenda Item "H". Commissioner Jaskiewicz seconded the motion which carded unanimously. V. CITY MANAGER'S REPORT: A. Discussion of Code Enforcement Initiatives Scott Blasie. Code EnforcementAdministrator. advised that Code Enforcement has -eviewed their operations and determined that it was necessary to become more efficient. The following is an update of proposed Code Enforcement policy and procedural changes: · Trash and Garbage Collection (Enforcement) · SpecialAssessment Liens This program was instituted by former City Manager Parker as a way to reduce Code Enforcement staff time on trash and garbage or construction debris issues in the swale areas. In the past, instead of picking up the trash and garbage, Code Enforcement was called, and they notified the property owners of the problem. Since the process takes time, the trash pile grows and it becomes a health and safety hazard. A door hanger program in three languages, which contains a warning, was devised whereby people were warned about the trash disposal by Sanitation. Upon a subsequent violation, a fine was assessed to cover the expenses incurred by Sanitation. This fine was designed to be put on their water bills. With this program, we will not have to rely on the lengthy Code Enforcement Board process to deal with the property owners. Ms. Willis recommends utilizing the special assessment lien process to recover the costs involved with the special pickups. This may require an Ordinance amendment, and staff will follow up on this issue. In response to Commissioner Jaskiewicz' question about whether the tenant will have any concern about a lien on the property, City Manager Willis advised that the City can begin a program whereby the tenants are ticketed. Commissioner Jaskiewicz feels that listing the fines on the hanger will be part of the cure of this problem. 9 ' MEI~TING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, t997 Commissioner TiIIman feels it might be necessary to workshop this item to discuss developing a "menu" of items for the fines that will be assessed. · Implementation of Citation Process Both Palm Beach County and Delray Beach use this process. The citation process streamlines the process and eliminates many of the problems experienced by the Code Enforcement staff. This process will enable the inspectors to issue civil citations after a warning. Code Enforcement is confident this will speed up the compliance procedure for violations and eliminate the lengthy Code Enforcement Board process. This Ordinance is already in place. Animal Control is anxious to use this process. A final draft of what will be included in the citation will ,be prepared and submitted to the City Attorney for review. Once that review takes place, the citations will be ordered. City Manager Willis said the City is focusing on compliance. There will be discussion at the pre- budget workshop of an item relative to changing the name to emphasize this policy. We are also looking at the possibility of increasing Code Enforcement staffing, and working nights and weekends to address some of the violations that are occurring while we are not on duty. Commissioner Bradley questioned how much of the Code Enforcement Board's backlog will be reduced by the implementation of the citation process. Mr. Blasie feels approximately 25% of [he backlog will be reduced. This will be monitored Mr. Blasie advised that we are in the process of forming a combination of different inspection expertise City-wide. We will formalize a team that will be able to assist Mr Ackermann at neighborhood association meetings. In addition staff will be cross-trained so that inspectors will be able to do minimum fire inspections and Fire nspectors will be able to do Code Enforcement related items. B. Authorize creation of a Labor Management Task Force City Manager Willis advised that we will formulate a City-wide Labor Management Committee which was in the IBF&O contract; We are in discussions about some of the new programs. Arthur Lee is playing a very important part in the process by exploring these new programs and concepts and trying to come to an agreement in a way that will benefit both labor and management: Wb are in the process of Putting together a team and will bring this issue back to the Commission to provide a status report. C. Business Loan Fund of the Palm Beaches City Manager Willis advised that we were requested to respond by June 20th as a community applicant together with the Business Loan Fund of the Palm Beaches to participate in a small business loan program. The main emphasis is that we support this type of effort through the Community Redevelopment Department of this City. The Business'Loan Fund is not requesting that the City pledge any financial support. They are seeking our support in working together when this program is funded through the Treasury Department of the Federal government. One million dollars is pledged for loans for Palm Beach County. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Mayor Taylor advised that he spoke to Chris Brown wno explained that he must apply to the Federal government for this program. They ~need to have the support of the cities in order to get the money from the government to be used in developmental regions. Boynton Beach is one of the developmental re~ons They need our assurance that we will participate in the program. Mr. Kotas advised that there is a vacancy on the board. He is hopeful we will be able to fill that vacancy with one of our residents. Motion Commissioner Bradley moved approval of the participation agreement for the Business Loan Fund of Palm Beach County. Commissioner Tillman seconded the motion which camed unanimously. VL PUBLIC AUDIENCE: Cheryl Robinson thanked the Commissioners for voting in favor of the landsca oe medians on NW 17~n Street. She vowed to make the City proud, City Manager Willis introduced the City's new Fire Chief Bill Bingham. formerly of Sunrise. VIL PUBLIC HEARING: None VIII. BIDS: None IX. DEVELOPMENT PLANS: Attorney Cherof administered the oath to all who would offer testimony on the following two applications A= Proiect: Agent: Owner: Location: Description: Amerope Enterprises, Inc. at High Ridge Commerce Park PID Richard C. Ahrens Condor Investment of Palm Beach County, inc. South side of Commerce Road; approximately 620' east of High Ridge Road; Lot 16 of High Ridge Commerce Park PID SITE PLAN - Request to construct a 19,449 square foot warehouse on 1.267 acres Richard Ahrens was advised by Mayor Taylor that the Commission was in receipt of the planning and Development Board's approval of this application, Mr. Ahrens requested clarification of staff Conditions #17 and #18. 11 TME~TING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Tambri Heyden, Planning & Zoning Director. advised that this applicant has already gone through Enyironmental Review and the permit has been issued. Therefore, Comment #18 has been satisfied. In addition, staff agreed with the Planning and Development Board's recommendation to delete Comment #17. Motion Commissioner Jaskiewicz moved to approve the site plan for a 19.449 square foot warehouse on 1~267 acres for Amerope Enterprises, Inc. at High Ridge Commerce Park PID as per staff comments. Commissioner Tillman seconded the motion Commissioner Bradley confirmed with Commissioner Jaskiewicz that her motion includes the deletion of Comment'#17. The motion carried unanimously. Project: Agent: Owner: Location: Description: High Ridge Commerce Park PID Richard C. Ahrens Condor Investment of Palm Beach County, Inc. Northeast corner of High Ridge Road and Miner Road USE APPROVAL ReqJest for use approval to add manufacturing and warehousing of x-ray and nuclear shielding products to the High Ridge Commerce Park PID list of permitted uses. Mayor Taylor advised that the Planning and Development Board recommended approval of this use approval subject to staff comments. Tambri Heyden advised that there was only one condition of approval that the use be subject to Environmental Review. That has already occurred Motion Commissioner Bradley moved to approve the request for use approval at High Ridge Commerce Park PID. Commissioner Jaskiewicz seconded the motion which carried unanimously. X. NEW BUSINESS: A, Items for discussion by Commissioner Matt Bradley 1. Resolution regarding the High Speed Rail At Commissioner Bradley's request. [here was a consensus of the Commission to send the City's Resolution to the Florida Department of Transportation Advance Notification Response group. -:MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 XI. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING Proposed Ordinance No. O97-21 Re: Amend Section 8 of Ordinance No. O97-11 to provide for the adoption of a Housing Incentive Plan as required oy Florida Statutes Attorney Cherof read Proposed Ordinance No. O97-21 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-21 on second and final reading. Commissioner Jaskiewicz seconded the motion City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed ordinance No. O97-22 Re: Amendment to Chapter 1.5 of the Land Development Regulations by creating Section 4.3 "Authority Granted by the City Commission" providing authority and final authority to the Planning & Development Board to hear and decide applications and requests. Attorney Cherof read Proposed Ordinance No. O97-22 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHQ WISHED TO SPEAK ON THIS ORDINANCE. Attorney Cherof distributed copies of a revised Ordinance. He referred to Page 4 of the revision which explains in detail how a matter before the Planning and Development Board gets to the City Commission. It further explains the Commission's authority to approve it and make it a final order; or the Commission's authority to pull it from the Consent Agenda for further review or referral to an additional public hearing. Attorney Cherof recommended that the Commission accept the amendment pdor to adopting the Ordinance. Mayor Taylor explained that when the decision was made to give the Planning and Development Board additional duties and responsibilities, the Commission did not delegate its aUthority to the board, The Commission is responsible for everything that t~appens in the community. The original Ordinance was written so that an applicant had thff right to bring forward an application to the Commission that had been denied at thelPlann ng and Development Board. HOwever, it did not spell out the fact that even if th~ Planning and Development Board approves an application, the Commission still has the final authority for 13' · MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 approval or denial of an application. This amendment now brings this process back to the City Commission in Consent Agenda form. Attorney Cherof explained the process an application goes through. Motion Commissioner Bradley moved to approve Amendment C. 1 through 5 in O97-22. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unammous. Motion Commissioner Tillmen moved to approve Proposed Ordinance No. O97-22 on second and final reading. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. In reading the minutes of the Planning and Development Board meeting, Mayor Taylor noted that on several occasions the members of that board "directed" staff to handle certain items. Mayor Taylor reiterated that the Planning and Development Boarc is an advisory board to the Commission. They do not have the authority to direct staff. When staff is "directed". policy is set. and the Planning and Development Board is not a policy~setting board Staff is present at the board meeting to provide administrative assistance. The board members can request input and help from staff in making a determination, but they may not "direct" staff. Commissioner Bradley and Commissioner Titlman agreed with Mayor Taylor's remarks and reiterated that this advice should be consistent for all City boards. If the board members feel strongty that something needs to be changed, Mayor Taylor recommended that they bring that issue to the Commission. Lee Wische, 1302 SW 18th Street, is a member of the Planning and Development Board. He feels the best way to overcome this faux pas is to include a notice with the Planning and Development Board agenda which states that no board has the authority to direct staff. Mayor Taylor agreed with City Manager Willis' suggestion to get the word out from this meeting and nave more open discussion about our protocol as an appropriate means of addressing this issue at this time. Proposed Ordinance No. O97-29 Re: Amend zoning code to allow automotive service uses in Planned Commercial Development (PCD) districts three acres in s~ze or larger. This item was tabled during the Agenda Approval. THE FOLLOWING ORDINANCES ARE POSTPONED UNTIL JULY 1, 1997. 14 'MEE~TING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Proposed Ordinance No, O97-23 Re: Amending Part II, Chapter 16-94.5 of the Code of Ordinances to delete paragraph (a) and re-letter the section Proposed Ordinance No. 097-24 Re: Amending Chapter 2 Zoning, Section 6. 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.H:16 of the Land Development Regulations (Marina Amendments) Proposed Ordinance No. O97-25 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 Proposed ordinance No. 097-26 Re: Amending Chapter 7.5. Article III. Section 8.A.1 of the Land Development Regulations to provide an exception for required perimeter strip landscaping along the east side of NE 6'n Street north of Ocean Avenue and the south side of Casa Loma Boulevard Proposed Ordinance No. O97-27 Re: Amending 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 Proposed Ordinance No. 097-28 Re: Amending Chapter 23, Article II, Paragraphs F and H.7 to permit drainage structures to be constructed pursuant to standards of the South Florida Water Management District and providing an exception to the two-driveway minimum .requirement along NE 6~ Street north of Ocean Avenue. B. Ordinances - 1st Reading: 1. Proposed ordinance No. 097-30 Re: Abolishing the Cemetery Board Attorney Cherof read Proposed Ordinance No. O97-30 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. O97-30 on first reading. Commissioner Tillman seconded the motion. 15 'MEE~TING MINUTES · REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Commissioner Jaskiewicz pointed out that there are a number of very specific duties the Cemetery Board is involved in addition to dealing with Cemetery funds, She questioned whether these specifics will be listed in the duties and responsibilities of the Recreation & Parks Board. In addition, having a mortician on the Cemetery Board is a requirement, and Commissioner Jaskiewicz feels that req Jirement should be maintained. Attorney Cherof advised that the concept of O97-31 is to shift all of those responsibilities to the Recreation & Parks Board. City Clerk Sue Kruse polled the vote. The votewas unanimous. Mayor Taylor requested that the Parks Division provide a cost estimate associated with installing a 6' or 8' hedge around the Cemetery. This will provide solitude for the people who are trying to pay their respects to the deceased. Proposed Ordinance No. O97-31 Re: Providing additional Duties. Powers, Authority and Functions of the Parks & Recreation Board Attorney Cherof read Proposed Ordinance No. O97-31 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-31 on first reading. Commissioner Bradley seconded the motion City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R97-102 Re: Approve Final Plat for Boynton Commons PCD Attorney Cherof read Proposed Resolution No. R97-102 by title only. Motion Commissioner Bradley moved to approve Proposed Resolution No. R97-102. Commissioner Tillman seconded the motion which carried unanimously. 2. Proposed Resolution No. R97-103 Re: Approve Final PJat for Woolbright 100 Attorney Cherof read Proposed Resolution No. R97-103 by title only. Motion Commissioner Bradley moved to approve Proposed F~esolution No. R97-103 Commissioner Tillman seconded the motion. 16 'MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, '1997 Commissioner Jaskiewicz was of the opinion that Condition #21 had been agreed to by Mr. Morton: however, she noticed that the Condition has been rejected. Ms. Heyden advised that at permit level, staff attempted to get the applicant to change the color: however, they decided they could not do that. Therefore, the color is a very dark grey. The motion carried 3-1. (Commissioner Jaskiewicz dissented.) Proposed Resolution No. R97-104 Re: Appoint members to the Local Housing Assistance Program (State Housing Initiatives Partnership Act) This item was tabled during the Agenda Approval. D. Other: '1. Consideration of amendments to Marina Development Agreement Attorney Cherof reminded the Commission of its previous approval of a Marina Development Agreement which was sent to Mr. Garcia for signature When the Agreement was returned to the City, Mr. Garcia had made a number of proposed changes that are summarized in a memorandum dated June 3. 1997. The first provision for amendment is on Page 10 of the Agreement. Mr. Garcia suggested an alternative method of escrowing the ncentive dollars being provided for development. Mr Garcia wants an assurance that when each incentive payment comes due and owing, the Commission will reconfirm its commitment to pay the incentive by setting the money aside in an escrow account. Attorney Cherof recommends approval of this suggestion. The second suggestion is on Page 11 of the Agreement. This suggestion will change the timing of the procedure with respect to when the incentive dollars are payable, n Subsection (b), Mr. Garcia deleted the clause entire project and suggested that the disbursement be when the first restaurant has been issued a CO and all of the other shells have been completed (i.e_ the walls, roof. windows, landscaping and parking). Commissioner Bradley recalled that there was discussion regarding disbursement of incentives in thirds. He did not see that reflected in this new proposal from Mr. Garcia. Attorney Cherof reminded the Commissioners that the disbursement in thirds is set forth in one of the exhibits of the agreement It is not within the body of the Agreement itself. Commissioner Bradley questioned how Mr. Garcia's proposed change compares to the original disbursement in thirds. Attorney Cherof advised that if the proposed change is accepted, one-third will be earned upon receipt of the Certificate of Occupancy for the first restaurant as opposed to the two restaurants 17 ' ~'MEE~TING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Commissioner Bradley was of the opinion that there was a lot of give and take on both sides in working out the Marina Development Agreement By bringing back these changes, he does not feel the developer bargained in good faith. In addition he was disturbed that the developer was not present for this meeting. Mayor Taylor advised that he received a telephone call from the developer regarding whether he should be present at this meeting. Mayor Taylor advised that his presence was not necessary since the City Attorney advise¢ him that everyone had agreed with what we were putting forth and with what they had asked for. Commissioner Bradley questioned why the City Attorney was negotiating these details, Mayor Taylor pointed out that the City Attorney was working out language. However Commissioner Bradley felt that the changes include more than just language s~nce we will be reimbursing after one restaurant CO rather than two restaurant COs, This is a significant ,change, and the safeguards that were agreed upon have now been changed Commissioner Tillman agreed that the items that were hammered out up to this point were agreed upon by the three positive-voting Commissioners. It now appears that the developer wants to eliminate some of the agreed-upon items. He is concerned that the developer might continuously come back to the City with changes until the City has no say in this project. Mayor Taylor pointed out that neither Commissioner Bradley or Commissioner Tillman voted in favor of the Agreement even when it called for disbursement after the COs were issued for two restaurants. Therefore. he could not understand why they were concerned with the proposed suggestion by Mr. Garcia. Commissioner Bradley explained that although he is against this project, he was par~ of the negotiations to ensure that the public is protected. Attorney Cherof explained that it is not his role to negotiate the Agreement. He discussed these ~ssues with the developer's representative when the changes were submitted, He pointed out that the escrow is a procedural device. He has no objection to that request, The second item. which is the timing of the release of the escrow, is a mat~er for negotiation. Attorney Cherof expressed no opinion on that issue other than to advise that it is a business issue for the Commission to decide on. The third issue is with respect to ~)arking on the property. Attorney Cherof advised the developer's representative that his recommendation to the Commission would be to reject the proposed change on Exhibit "E" because they deleted a provision of Section 9 which is relevant to the issue of open parking in the area. Attorney Cherof felt that the Commission did not waiver on the point. In exchange for a great deal of give and take. the developer would provide the parking to the balance of the public. Mr Garcia struck the clause that said. ",..all parking spaces depicted on the site plan shall be available for use by the public". Through the representatives. Attorney Cherof learned that Mr. 18 '~IVlEE'TING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Garcia made the change because he felt that statement was redundant, and it was not his intent to back off the concept. He was looking for a degree of padty in the area Attorney Cherof distributed copies of an Ordinance that is coming up for second reading at the next City Commission meeting. The provision related to parking is included on Page 3. On first reading, the following provision was included: The following shall-apply for parking spaces in that area (CBD). The number of required parking spaces shall be reduced from 35% of the required parking under the Code_ Attorney Cheref advised that the percentage was changed to 50% of the required parking under the Code. He will also make an additional change that will achieve the balance in the Central Business District that will serve everyone. That change would include the addition of the following language: "...if the property owner or business is unable to provide 100% of the parking spaces required pursuant to Section 11. Page 16 of the Zoning Regulations. Ail spaces provided by the property owner or business, on or off-site, shall be maintained as unreserved, unrestricted parking available to the public except as In designated handicap spaces as required by law.' This concept will address Mr. Garcia's concern for parity. It also addresses the adjacent property owners, and the concerns of the public who need to find parking spaces. Attorney Cherof advised that the Ordinance was not before the Commission tonight, but this is an alternative to the language to be changed on Exhibit "E" Attorney Cheref recommended that the Commission'leave Exhibit "E" as originally drafted. Motion Commissioner Bradley moved to table this item until the next meeting when Vice Mayor Titcemb will be present. Commissioner Tillman seconded the motion which carried unanimously. 2. Request for Executive Session on Tuesday, July l, 1997 Attorney Cherof advised that he met with representatives of Leisureville over the Declaratory Judgment lawsuit where they are requesting that the Court interpret the City's responsibility or their responsibility to maintain the lateral sewer connections within that community: Commissioner Jaskiewicz facilitated the meeting, and a proposal was hammered out. Attorney Cherof will present that proposal at a closed-door session, There was a consensus of the Commission to schedule this closed-door session on July At Attorney Cherof's request, the Commission will extend that closed-door session so that he can provide a status report of the windward PUD/Geller lawsuit. XlI. UNFINISHED BUSINESS: 19 ~MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 17, 1997 Presentation of results of survey conducted of property owners within unincorporated enclaves reference annexation Motion Commissioner Bradley moved to table this item until Vice Mayor Titcomb returns. Commissioner Tillman seconded the motion which carried unanimously. XIIL OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission. the meeting properly adjourned at 8:30 p.m. ATTEST: Cit~'Clerk (_R/ecording Secretary (Three Tapes) CITY OF BOYNTON BEACH Mayor V~ayor / C~o m m is,,~er.,~ / Commissioner 2O CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS JUNE17,1997 BOARD OF COUNTY COMMISSIONERS .......................................... $16,762.41 Utility Reimbursement Agreement Pay From 1996 Const Fund -- 407-000-0-690-10 CONSTRUCTION TECHNOLOGY INC ............................................. $ 221,400.00 PO# 13654. Mangrove Park Development, Pymt# 4 Original Contract ................................................................................. $780,090.00 Change Orders ............................................................................................... 0.00 Payments tO Date .................................................................................. 480,680.00 Current Payment ................................................................................... 221,400.00 Contract Balan ce ................................................................................. $677,919.00 Pay From Cap Imp Fund- 302-412-5-630-12 INACOM/DM DATA CORP .................................................................. $ 77,146.00 PO# 14340. Public Safety Mgmt Sys. Pymt#1 Pay From Various Funds ED MORSE CHEVROLET ................................................................... $ 58,127.84 PO# 13292 Replacement Vehicles Pay From Veh Serv Fund - 501-193-5-688-00 MOTOROLA .......................................................................................... $18653.49 PO# 12792. Maintenance Agreement Pay From Gen Fund - 001-197-5-431-00 PIFER INC .............................................................................................. 10,315.00 PO# 14347. Equipment Replacement Py From GC Rev Fund-411-000-1-476-80 SCRWTD BOARD ............................................................................... $ 33,015.04 Sink Fund, Cap Projects Pay From 1996 Const Fund--407-000-0-691-20, $14,993.47 Pay From Util Gen Fund -- 403-000-0-691-22, $18,021.57 LANG ENGINEERING .......................................................................... $48,514.55 IAQ City Hall Complex clean-up Pay from Capital Improvements Fund - 301-194-5-640-05, $35,779.05 Pay from Capital Improvements Fund - 301-194-5-640-05, $ 5,887.75 Pay from Capital Improvements Fund- 301-194-5-740-05, $ 6,847.75 U.S. ENERGYSERVICES, INC ............................................................ $75,992.19 IAQ Project Management for March & April Pay from Capital Improvements Fund - 301-194-5-640-05, $44,317.78 Pay from Capital Improvements Fund - 301-194-5-640-05, $31,674.41 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: E. Testa, President, Amerope Enterprises, Inc. AP PLICANT'S AGENT: R. Ahrens, CEO, Ahrens Companie~ OWNER: .Condor Investments of Palm Beach County, Inc. HEARING BEFORE CITY COMMISSION: June 17, 1997 TYPE OF RELIEF SOUGHT: Request to construct a 19,449 square foot warehouse on 1.267 acres. LOCATION OF PROPERTY: South side of Commerce Road; approximately 620 feet east of Hi,qh Rid,qe Road; lot i6 of High Ridge Commerce Park PID DRAWING(S): SEE EXHIBIT "A" ATTACHED 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 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli/cant v' HAS ... HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby ----v GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. .... DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: June 171 1997 Ci~ Clerk ' Attorney AMEROPE ~- TERPRISES, SITE PLAi~ EN ......................... HIGH RIDGE COMMERCE 'PARK PID IA,A; EXHIBIT "C" Conditions of Approval Project name: Amerope Enterprises, Inc. File number:. NWSP 97-009 Reference: The plans consist of 12 sheets identified as 2nd Review, New Site Plan. File #NWSP 97 009 with a May 12, 1997 Planninq and Zoninq Department date stamp markinq. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments None UTILITIES ...Comments: 1. A Palm Beach County Health Department permit will be required, (Sec. 26-12). 2. A capacity reservation fee of $1205.82 is due within thirty (30) / days of commission approval or upon request for Utility Department s gnature on HRS/DEP forms, (Sec. 26.34[E]). FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. All plans submitted for specific permits shall meet the city's code 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. V Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. Chap. 1, Art. I, Sec.6, par. A, pg. 103, 4. Provide SFWMD & LWDD acceptance prior to permit issuance. V Chap.6, Art. IV, Sec.5A, pg.6-7. 5. Provide certification by developer's engineer that drainage plan ,/ complies with all city codes and standards. Chap.6, Art. V, Sec.5A, V pg.6-7 and Chap.23, ArtlIF, pg.23-8. / 6. Provide a satisfactory lighting plan including photometrics and pole wind loading. Chap.23, ArtlIA, pg.23-6. Page 2 Amerope Enterpnses. Inc. File No. NWSP 97-009 DEPARTMENTS BUILDING DIVISION INCLUDE Comments: Working drawings that are required to be submitted to the city for building permits shall illustrate the approved improvements in compliance with the applicable building codes, Energy Efficiency Code, Florida Accessibility Code and Sign Code. [Chapter 20 - Building, Housing and Construction Regula. tions and Chapter 21 - To facilitate the permitting process"foliowing approval of this request, it is recommended that the contractor for the project schedule a PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALiST Commems: After conducting an environmental survey, the applicant shall ve.fify to the city in wdting that there are no state protected animals (i.e. gopher tortoises) on the site [City Comprehensive Plan Policy 4.3.5, p.67]. PLANNING AND ZONING Comments: 10. Any roof top equipment shall be screened from view at a distance of 600 feet. ff such equipment is planned, indicate its location and the height of the equipment above the roof and/or parapet wall level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, S. ection 11. E). . 11. No building permit shall be issued until resolutions for the following abandonments have been recorded in the Palm Beech County public records: - 25 feet wide peripheral buffer easement located overlapping with a utility easement Page 3 . Amerope Enterpnses, Inc. File No. NWSP 97-009 DEPARTMENTS I INCLUDE REJECT 12. Land Development Regulations, Chapter 4, Section 7. B2 requires that signage information consistent with Chapter 9 - Community Design Plan, Section 10. I. And Chapter 21 - Sign Code, Article IV, Section 7 be provided at the time of site plan submittal. Since no signage information was included n the 2"" - /' submittal Of.the project another forma submitta wi be required to be reviewed bythe Planning and Development Board, prior to sign permits being issued,for tl~® proposed.t~nants. 13. No building permits will be issued until the submitted traffic statement s approved bythe Palm Beach County T?affic Div s on 14. Within the site plan data for requ red parking there is an erroneous reference to off-site parking instead of on-site parking. Make appropriate correct or~s on a s~tof drew ngs subm tted for building permit. 15. On the Landscape Plan Sheet D-1 identify the spacing of the ~// cherry hedge (Eugenia Myrtif6 ia),proposed as a shrub accent on three sides of the dumpster enclosure. 16. Use approval to include manu~cturing and warehousing of X-Ray / and nuclear shielding glass products is required prior to issuance of the building permit. Additiona! Use approval(s) may be required, if proposed use(s) are noton th~ PID's approved list. 17. It is recommended that the extedor finish of the office portion of the warehouse complex (fronting Commerce Road) be differentiated from the rest of the building using a different color of stucco. 18. An environmental review permit will be required for the proposed / use, prior to issuance of the building permit. Additional environmental permits may be required when information regarding anticipated uses in the [emaining portion of the warehouse is supplied. 19. Pretreatment of storm water generated by the property must be provided on site as Veronica Lake within the PUD to the north does not qualify to satisfy this requirement. 20. If a field inspection reveals that paving, lighting and -~wale landscaping of Commerce Road has not been completed by the developer of the PID, such work shall be completed or bonded, prior to a building permit for Amerope. Page 4 Amerope~Enterprises. Inc. File No. NWSP 97-009 DEPARTMENTS I iNCLUDE t REJECT ADDITIONAL PLANN NG AND DEVELOPMENT BOARD CONDITIONS 21. Delete comment #17, ~/ ADDITIONAL CiTY COMMISSION CONDITIONS 22. To be determined. s:~rojects~con d ofappn ADDITIONAL COMMENTS/CONDITIONS BY CITY COMMISSION: 1. 3. 4. 5. 6. 7. DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: Howard R. Scharlin, Trustee APPLICANT'S AGENT: Michael Morton of Morton Group, Inc., DATE OF HEARING BEFORE CITY COMMISSION: June 17, 1997 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: north of Woolbright Road. Request for Final Plat approval for Woolbri,qht 100. East side of S.W. 8th Street, approximately 300 feet 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Appli~nt HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby _.~GRANTED subject to the conditions marked as "include" in Exhibit "C' hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: EXHIBIT Conditions of Approval Project name: Woolbfight 100 Type of Development Order I Master Plan. Site Plan or Plat): FINAL PLAT DEPARTMENTS INCLUDE REJECT pLrBLIC WORKS Comments: None UTILIrl lES Comments: None Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: Prior to recordin$ the plat the followin~ items shall be required. 1. 'Si~:nature of the Mayor and City Engineer. 2. 'C0mmissi0n approval of the master plan modification per item 34 of thc Discount Auto Parts site plan Development Order (attached) including the subdivision of Tract "C". BUILDING DIVISION Corntiients: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: Nam PLANNING ANI) ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS ~. of a[op. Woolbright DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OFBOYNTON BEACH:FLORIDA APPLICANT: Boynton Commons PCD APPLICANT'S AGENT: Land Design South, a,qent for Bill and Elsie Winchester HEARING BEFORE CITY COMMISSION: June 17, 1997 TYPE OF RELIEF SOUGHT: Request for a Final Plat Approval LOCATION OF PROPERTY: A 23 acre Planned Commercial District between Congress Avenue and Winchester Park Blvd., south of Old Boynton Road DRAWlN G(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be hear~ ~efore 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applic,,a/nt 'V' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appli~nt's application for relief is hereby __._VGRANTED subject to the conditions marked as "include" in Exhibit "B" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of ,this order. 6. Other: /v//~ DATED: June 17, 1997 City//Clerk EXHIBIT Conditions of '- oval Project name: Type of Development Order (Mas~er Plan. Site Plan or Plat): FINAL PLAT i DEP a. RTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILI 1 lt:S Comments:. None - commentSi None POLICE Conmaents: None ENGINEERING DIVISION · Commeras; 1. Re~ord the Declaration of Easements. Resuictions and Protective Covena~. ',2. Receipt and alJlJmval of a $20.000 Letter of Credit for site restoration purposes. BUII~DING DIVISION . Cerumen: None Comrnen~: None FORESTER/ENVIRONMENTALIST PLANNING ~ ZONING CornineSs: No~e ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. ADDITIONAL CITY COMMISSION CONDITIONS 4.