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Minutes 03-18-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 18, 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 Jerry Taylor B. Invocation - Rev. Conrad Braaten, Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:35 p,m n the absence of Reverend Braaten, Commissioner Jaskiewicz offered an invocation and led the Pledge of Allegiance to the Flag. City Clerk Sue Kruse administered the Oath of Loyalty to Mayor Taylor, Vice Mayor Titcomb. and Commissioner Jaskiewicz. Mayor Taylor thanked his fellow Commissioners. City department heads, the City Manager: and the community for their support. He reminded everyone of an article that appeared in the newspaper called. "The Election That Wasn't". City staff had that article laminated to plaques to be presented to each of the Commissioners. He distributed the plaques, and declared a ten-minute recess at 6:40 p.m., to allow everyone to participate in a small reception. The meeting reconvene(~ at 6:55 p,m. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Titcomb requested the addition of Item V-B.2 "Brief Presentation by Boynton Beach Jaycees". Vice Mayor Titcomb requested that Items XII-A and XII-B be moved up on the agenda to become Items X-D.2, "Policy directives for use of SPEED HUMPS to be used as traffic calming device in the Forest Park area", and X-B,2 "Discussion on swale parl~ing ordinance". Vice Mayor Titcomb requested the addition of Item X-D.3 "Web Site". City Manager Willis requested the deletion of Consent Agenda Item Ill-F, and an amendment to Item III-O. The entire contract premium of ~;16,638 needs to be paid up front. This represents a three-year premium Attorney Cherof requested that Item XI-A. 1 "Proposed Ordinance No. O97-05" remain tabled since the staff analysis is not yet complete. MEETING MINUTES REGULAR CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Attorney Cherof requested the addition of Item Xl-C.7, "A resolution opposing two Legislative Bills Nos. 313 and 214 dealing with telecommunication towers". 2. Adoption Commissioner Tillman moved to accept the agenda as amended. Commissioner Jaskiewicz seconded the motion which carried unanimously. E. Organization Matters 1. Proposed Resolution No. R97-38 RE: Adoption of Robert's Rules of Order Motion Commissioner Bradley moved to approve Proposed Resolution No. R97-38. Commissioner Tillman seconded the motion which carded unanimously. 2¢ Proposed Resolution No. R97-39 RE: Establishing Roll Call Voting Procedure Motion Commissioner Tillman moved to approve Proposed Resolution No. R97-39. Vice Mayor Titcomb seconded the motion which carded unanimously. II. ADMINISTRATIVE: A. Appointments to be made: Mayor Taylor pointed out that all of the appointments, with the exception of the first one listed, expire in Apdl. He recommended holding all appointments in abeyance until next month to avoid appointing someone for only one month. Appointment TO BE MADE BOARD LENGTH OF TERM EXPIRATION DATE II Bradley* Brd of Zoning Appeals Alt 3 yr term to 1/00 I Titcomb* Adv Brd on Children & Youth Reg Term expires 4/97 Mayor Taylor* Library Board Alt Term expires 4/97 IV Tillman~ Education Advisory Brd Alt Term expires 4/97 TABLED I Titcomb** Adv Brd on Children & Youth Alt Term expires 4/97 TABLED. III Jaskiewicz* Senior Advisory Board Alt Term expires 4/97 IV Tillman* Senior Advisory Board Reg Term expires 4/97 II Bradley* Planning & Development Alt Term expires 4/97 I Titcomb" Code Enforcement Board Alt Term expires 9/97 TABLED Commissioner Bradley appointed Steve Myott as an Alternate member of the Planning and Development Board. 2 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Motion Commissioner Jaskiewicz moved to approve the appointment as nominated, and to table the remaining appointments. Commissioner Tillman seconded the motion which carried unanimously. II1. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of March 4, 1997 2. Special City Commission Meeting Minutes of March 5, 1997 The minutes of both meetings were accepted as presented. B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget None C. Resolutions 1. Proposed Resolution No. R97-40 RE: Authorize execution of AGREEMENT between the City of Boynton Beach and the Town of Lantana for use of the City's FIRING P, ANGE 2. Proposed Resolution No. R97-41 RE: Authorize execution of AMENDMENT #'i to the FLORIDA BOATING IMPROVEMENT PROGRAM grant extending the funding to April 9. 1998 3. Proposed Resolution No. R97-42 RE: ACCEPT DEED from FLORIDA EAST COAST RAILROAD, for the pumhase of property for the PALMETTO GREENS PARK PROJECT 4. Proposed Resolution No. R97-43 P,E: ACCEPT LETTER OF CREDIT for CRYSTAL KEY at WOOLBRIGHT PLACE for SW 8th Street landscaping improvements D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. E. Payment of Bills - February, 1997 A copy of the bills is attached to the originaI copy of these minutes on file in the City Clerk's Office. 3 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Approve TRANSFER OF FUNDS for the MANGROVE PARK BITING MIDGE PROJECT and authorize issuance of a PURCHASE ORDER to AIR LIQUIDE in the amount of $10,000 for the INSTALLATION and MONITORING of the project This item was deleted from the Consent Agenda at the request of City Manager Willis. ApProve purchase of NEW SHORT BLOCK for the Streets Division roller for repair from NAPA in the amount of $5,485 Approve request for REFUND on CEMETERY LOTS 422A & B, Block N, BOYNTON BEACH MEMORIAL PARK Approve request for REFUND on MAUSOLEUM SPACE in SUNSET BUILDING, Section C, F-3 in the BOYNTON BEACH MAUSOLEUM Approve BUDGET TRANSFER REQUEST authorizing ADJUSTMENTS TO REFLECT ACTUAL BALANCES REMAINING IN PROJECTS at September 30, 1996 Approve CHANGE ORDER #15 to LOTSPIECH INTERIORS in the amount of $1,205 for additional drywall and installation work at FIRE STATION #1 Approve CHANGE ORDER #1 to WEISS & WOOLRICH SOUTHERN ENTERPRISES, INC. in the amount of $2,557.42 for additional roofing work for lifeguard towers at OCEANFRONT PARK Approve CHANGE ORDER #15 to CASSIDY AIR CONDITIONING in the amount of $2,500 for additional HVAC work in the WEST WING SECOND FLOOR SYSTEM Approve CHANGE ORDER #16 to CASSIDY AIR CONDITIONING in the amount of $270.16 for additional air duct installation in the SECOND FLOOR WEST WING Approve purchase of POLLUTION LIABILITY INSURANCE coverage from UNITED CAPITOL INSURANCE COMPANY in the amount of $16,638.00 per year for three years Approve sole source purchase of CINTAC SYSTEMS CD FIT PC COMPOSITE SOFTWARE for the Police Department, from Federal Forfeiture Funds in the amount of $4,500 Approve renewal of ANNUAL 4TH OF JULY FIREWORKS DISPLAY from ZAMBELLI INTERNATIONALE in the amount of $25,000 4 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Motion Vice Mayor Titcomb moved to approve the Consent Agenda with the exception of the note that Item "F" was deleted, and Item "O" was changed to an up front payment of $16,638 for the Pollution Liability Insurance coverage from United Capitol Insurance Company. Commissioner Tiliman seconded the motion which carried unanimously. IV~ CITY MANAGER'S REPORT: None V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements Special City Commission Meeting March 20, 1997 @ 7:00 P.M. - PRESENTATIONS by EXHIBIT DESIGN CONSULTANTS for 1913 SCHOOLHOUSE MUSEUM PROJECT - Library Program Room Mayor Taylor made this announcement. 2. ALL DAY PLANNING SESSION - March 21, 1997, from 9:00 A.M. to 5:00 P.M. - United Way Building on Quantum Boulevard Mayor Taylor made this announcement. 3. BOYNTON'S 16th ANNIVERSARY G.A.L.A. - March 21, 1997 through March 23, 1997 The G.A.L.A. begins at noon on Friday, March 21 1997. and Saturday, March 22, 1997, and closes at 9:00 p.m. On Sunday, March 23. 1997. it opens at noon and closes at 6:00 p.m. 4. TUNES IN TOWN CONCERTS - April 4, 1997 - Oceanfront Park - 5:00 p.m. to 8:00 P.M. - THE RAMBLERS - COUNTRY Mayor Taylor made this announcement. B. Presentations 1. Proclamation - BUILDING SAFETY WEEK - April 6 through April 12, 1997 Mayor Taylor read a ProcIamation declaring the week of April 6-12, 1997, as "Building Safety Week". 5 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 2. Presentation by Boynton Beach Jaycees Jill Bennett [sa member of the newly reestablished Boynton Beach Jaycees. This is an organization which teaches leadership skills and management skills. The organization concentrates on the community and is looking for professional and community-oriented people. Their first meeting will be next Tuesday eyeing at 7:00 p.m. This Junior Chamber provides assistance to many charities. Ms. Shabotynskyj of the Boynton Beach Chamber of Commerce fully supports this group. Ms. Bennett requested the endorsement of the Mayor and City Commission. She encouraged participation in this organization. Mayor Taylor encouraged anyone in the 21 to 39 year age bracket to get involved. Organizations such as the Jaycees offer the opportunity to make a contribution to the community. Ms. Bennett advised that one of the projects the Jaycees are involved with is AIDS Awareness in the Workplace. She presented kits to the Mayor and City Manager. Ms. Bennett left flyers at the rear of the Chambers for anyone who is interested in participating. VI. BIDS: VII. PUBLIC HEARING: Project: Agent: Owner: Location: Description: Boulevard Center .................................................... TABLED Charles Putman and Associates. Inc. Howard S. Scharlin. Trustee South side of Boynton Beach Boulevard. between South Leisureville Boulevard and Northwest 8th Street LAND USE PLAN AMENDMENT/REZONING/COMPREHENSlVE PLAN TEXT AMENDMENT Request to amend the Comprehensive Plan Future Land Use Map designation of a 2.5 acre parcel from Moderate Density Residential to Local Retail Commercial rezone from R-l-AA (PUD) to C-2, Neighborhood Commercial. and amend Area 7.a of [he Comprehensive Plan Future Land Use Element to allow commercial use. Attorney Cherof recommended that this item be taken off the table and deleted from the agenda at this time. This item will have to be renoticed to comply with the public hearing requirements, Deleting this item from the agenda will have no impact on the developer, Motion Commissioner Jaskiewicz moved to remove Boulevard Center from the table, Vice Mayor Titcomb seconded the motion which carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Motion Vice Mayor Titcemb moved to delete this item from the agenda. Commissioner Tillman seconded the motion which carried unanimously. B. Project: Pollo Tropical at Shoppes of Boynton Agent: David S. Drobner. Esq. Owner: Draper and Kramer of Florida, Inc. Location: Northeast comer of Congress Avenue and Quantum Boulevard Description: ABANDONMENT - Abandonment of a portion of a 15 foot wide utility easement. There was no one present to represent this application. Tambri Heyden, Planning and Zoning Director, advised that the agent was not present this evening, and not in attendance at the Planning and Development Board meeting. She is concerned because one of the conditions of approval is a recommendation from the Utilities Department which could significantly impact what the applicant will have to do to address the conditions of approval. It specifically requires that the boundaries be expanded. This may require this project to be readvertised. Since the applicant is not in attendance, she recommended tabling this item Mayor Taylor suggested tabling this item until later in the meeting in case the applicant is delayed Motion Commissioner Tillman moved to table this item until later in the evening. Vice Mayor Titcomb seconded the motion which carried unanimously. C. Public Hearing regarding adoption of EVALUATION AND APPRAISAL REPORT (EAR) and FIRST READING OF PROPOSED ORDINANCE (Proposed Ordinance No. O97-09) Attorney Cherof read Proposed Ordinance No, 097-09 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Titcomb moved approval of Proposed Ordinance No. 097-09 on first reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unammous. 7 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 VIII. PUBLIC AUDIENCE: Victor Norfus. a resident of Boynton Beech. was present to represent the Economic and Community Development Task Group of Palm Beach County which is made up of Palm Beach County residents. He spoke with some of the Commissioners and Vice Mayor Titcomb about the Oasis Project. The concept behind this project is to promote economic growth in the community. To do this, business, government, and the community must join together to provide entrepreneur programs and training to the community. There needs to be a location to centralize the efforts for economic growth. The Oasis Project should include current businesses in the community to determine the careeropportunities that are available. This would also involve all City officials and large businesses as well. The City needs to focus the community development project to meet the needs of local businesses. The community needs to provide the human resources that are not being properly utilized such as Iow income housing, welfare recipients, and many of the unemployed youth. The idea behind this project is to create a location within the community where we can provide entrepreneur programs to offer more opportunities for growth to come into the City and provide technical assistance as well as management aha oral communication skills. The idea also includes getting the 13 to 17 year olds involved in these types of projects to promote future entrepreneur programs. Businesses such as Motorola can provide the criteria necessary to train 17 to 21 year olds for jobs within the City. This project will also assist 21 year olds and over who are currently welfare recipients. One of the untapped resources that no one thinks about is the marine environment. There is currently a program in West Palm Beach where youth are being trained to build boats, farm and fish. They are learning about the ecological environment of the Intracoastat, the sea and other waterways~ This program is designed to employ the currently unemployed youth, and meet the needs of the existing employers in Boynton Beach and give them the opportunity to meet their needs. This project will also increase revenue for the local economy and provide goals for welfare recipients as they are moved off welfare. Commissioner Jaskiewicz advised that at a meetin9 on Saturday, she indicated to Mr. Norfus that the Department of Human Resources is considering opening a joint office in the City. A meeting will be held within the next week or two. Rather than having welfare offices, they are setting up joint centers. One of the offices will have human resources and encompass the Department of Labor and job training, offers and assistance ir one area. Mr. Norfus said this would be in conjunction with his suggestion. This is a seeding project to get 17 to 21 year old people who are currently unemployed into technical positions other than small positions. This oroject will also train the youth to become entrepreneurs for the future. In response to Mayor Taylor's question, Mr. Nortus advised that the Oasis Prqiect is made up of a group of men and women who supported the Million Man March. This group met and put their ideas together to try to turn the community around. This center would be a center of positive hope and job opportunities 8 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, '1997 Mayor Taylor advised that Ken Montgomery, former Executive Director of the Pdvate Industry Council, which is now a work force council, will be focussing on getting people welfare recipients into jobs. He recommended that Mr. Norfus speak with Mr. Montgomery to see how the City can tie into that County project. He will provide Mr. Montgomery with Mr. Norfus' telephone number. A gentleman from the audience advised that approximately six months ago, he received a notice advising him that he had to replacegrass and do other things to comply with the Code. He spent $400 on grass, and $180 [o paint his house. In travelling around the City, he noticed that the parking lot of a business on Seacrest Boulevard is horrible. He questioned why he must comply with the Code. while thebusinesses do not have to comply. He also questioned why his neighbors do not have to comply. He requested that the City Commission investigate this situation. Mayor Taylor suggested that the gentleman provide an address of the property so that Code Enforcement can investigate. Ken Hall reported that he would like to pumhase a piece of public right-of-way from the City. This piece of right-of-way is of no use or value to the City However. it could possibly be developed into a buildable lot. Hedoes not know the procedure to follow, and was not sure the City could consider selling pieces of public right-of-way. Mayor Taylor recommended that Mr. Hall submit a request to the City Manager's Office. an(~ the City Attorney will research the request, n addition, Attorney Cherof asked Mr. Hall to provide a legal description in the request to the City Manager's Office. Gary Fishman, resident of Diane Drive, said he is putting an addition on his home and is currently involved in the permitting processes. The records that were kept in the City on microfilm are in very poor condition. Because of this, he will have to pay additional money for redesign. The pristine blue pn nts were discarded back in the 1970s after they were microfilmed. That microfilm is m poor condition, and is costing him money and delays. He requested assistance. Commissioner Bradley said this is the second time today he has received complaints about microfilm problems. Mr. Fishman questioned whether or not the copy that is available can be darkened in to be made usable. Mayor Taylor advised that staff will look at this situation to see if it is possible to ~mprove the microfilm copy. IX, DEVELOPMENT PLANS: PROJECT: AGENT: OWNER: LOCATION: Crystal Key at Woolbright Place PUD Kenneth H. Kruger, P.E. Kennedy Homes East side of SW 8th Street approximately 2.200 feet north of Woolbright Road 9 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 DESCRIPTION: SITE PLAN - Request for site plan approval to install perimeter buffer landscaping, security gates and project signage for the 14.05 acre. 83 unit single-family detached home residential development. Attorney Chemf administered the oath to all who would be testifying this evening. He recommended that the developer's representative address only those issues which are not acceptable. Kenneth Kruger, Professional Engineer representing Kennedy Homes, advised that the only condition in question is revised Condition #35 recommended by staff. The applicant concurs With that condition and all others made by staff. Tambri Heyden advised that Condition fl~35 has been reworded as noted in Planning and Zoning Department Memorandum No. 97-093. This revised condition will allow a smaller type of Saw Palmetto to be used as a ground cover in the buffer. Commissioner Jaskiewicz questioned what the applicant plans to do in the passive area Mr. Kruger advised that landscaping will be planted, and there will be a 25' landscape berm along the east side of the passive area. Motion Commissioner Jaskiewicz moved to approve the site plan as requested to install perimeter buffer landscaping, secudty gates, and project signage for the 14.05 acre, 83 u. nit single-family detached home residential development subject to all staff comments and Comment #35 as revised. Commissioner Bradley seconded the motion which carried unanimously. X. NEW BUSINESS: A. Items for discussion requested by Mayor Jerry Taylor 1. Implementation of a CURFEW ORDINANCE Mayor Taylor reported that another community implemented this Ordinance and sent it to us for review and possible im olementation. Mayor Taylor brought this to the Commission for discussion purposes only at this point. Vice Mayor Jaskiewicz advised that she was involved in this issue about five years ago when public workshops were conducted. At that time. the Police Chief felt it would not be enforceable and thought it could be challenged. The criteria for the current Ordinance is very generic and not as stringent as the one proposed five years ago. She does not feel there is anything contained in this Ordinance that could hurt the City. At the time of the workshops, two-thirds of the people were ~n favor of implementing a curfew. Mayor Taylor reported that this is State Statute that authorizes a juvenile curfew and provides: 10 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Minors (persons under the age of 16 years of age) may not be or remain in public places or establishments between 11:00 p.m. and 5:00 a.m. on Sunday through Thursday, and between 12:00 a.m. and 6:00 a.m. on Saturdays. Sundays, or legal holidays. Minors who are suspended or expelled from school may not be in public places or establishments or within 1,000 feet of a school between 9:00 a.m. and 2:00 p.m., on any school day. 3. Minors who violate this section and who have received a written warning for the first violation are guilty of a civil infraction and shall pay a fine 0f$50 for each violation. 4. Parents of minors have a legal dutyto ensure compliance with the curfew and may also be subject to a $50 fine for each violation. 5. There are specific exceptions to enforcement. 6. The state statute has no applicability until a City Ordinance is passed incorporating the terms of the state statute. Mayor Taylor explained that part of the problem that is being experienced currently is that when children are suspended from school, the Police have no jurisdiction to question them when they are hanging around the school or in public places. This Ordinance would provide that authority. Mayor Taylor said he had serious concerns with the Ordinance when he first saw it a year ago because he fei~ good people would be punished for things the few bad people are doing. However. this Ordinance has been tempered. Children who are with adults can be on the streets at any time. Children who are going to or from work will be permitted to be out on the street, and children going to or from a school or church function will be cermitted to be on the streets. The purpose of this Ordinance is to deal with those children who have no reason being on the streets other than to get into trouble. This Ordinance will g~ve the Police the right to stop those children and question them. Commissioner Bradley is a Municipal League representative who sits on the Juvenile Justice Council. This is an issue that has been discussed over the last two years. One of the things that is ~mportant to consider is the burden that will be placed on other municipalities when a neighboring municipality puts a curfew in place. The Juvenile Justice Council has not provided a formal position. However, throughout the discussions, the idea came forth that if curfews are going to be implemented, there needs to be a concerted effort County-wide. Within the next few months, the Juvenile Justice Council will be approaching the County about instituting an Ordinance '~ that manner. Commissioner Bradley advised that he invited Robin Sheppard, who also sits on the Juvenile Justice Council, to attend this meeting ana offer her ideas about a possible alternative plan which involves a voluntary curfew. In addition. Commissioner Bradley reported that the Juvenile Justice Council is attempting to expand the Truancy Interdiction Program. There are offices in West Palm Beach. Delray Beach, 11 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 and Royal Palm Beach. These are the offices where truants are processed. Our Police Department is familiar with this problem, and they pick up children and take them to these TIPS sites when there are no other pressing issues that are more important. The Juvenile Justice Council is hoping to expand this program with grant monies. Commissioner Tillman is in favor of anything that will remove some of the problems we are currently having now with young people on the streets. At the same time, if the Ordinance is impemented, he wants to be certain that ~he program includes the parents of these children. Commissioner Tillman feels implementation ofthis Ordnance should be further investigated. He is also in agreement with Commissioner Bradley's ideas about doing something County-wide since that would be more effective. Vice Mayor Titcomb concurred that the responsibility for the actions of these children begins at home. Wth regard to the issue that Commissioner Bradley expressed about the burden on the munic pal ~neighbors which may be resolved by the County program, Vice Mayor Titcomb would be 'n(eres~ted to l~arn the statistics on juvenile crime, how much of that crime is created by this situation, and the legal enforceability of the curfew. He is somewhat concerned about selective enforcement that sometimes goes along with these types of mandates, and he would be interested m, a model of euccess When he is comfortable with the answers to his questions, he would be supportive of finding something that accomplishes that. With regar, d to the legality of enforcing the curfew, Mayor Taylor reminded Vice Mayor Titcomb that there is a state,statute which authorizes a local juvenile curfew Ordinance. Commissioner Jaskiewicz questioned when this state statute was passed. Attorney Cherof advised that this statute was adopted during the Legislative Session of 1994. Robin Sheppard, Alternatives Coordinator, who works for the 15th Judicial Circuit-Juvenile Subdivision, Said there is significant impact on neighboring communities when an Ordinance is implemented since it is very simple for the children to migrate to another community. She offered to assist the City in finding statistics relative to the impact of a curfew Ordinance on neighboring municipalities. The City of Charleston. North Carolina has devised a voluntary curfew program which lays the burden partially on the parents. Parents submit a form to the local Police Department permitting their children to participate in the program. The Officers carry the forms with them. In addition, a notebook, in alphabetical order containing the signed forms, can be kept near the Dispatcher's microphone. When the Police call to check in. they are able to contact the parents to pick up their children if there is a curfew violation. There are many legal issues involved when an Officer stops a child, and it is a big impact on the Police Department. Ms. Sheppard reported that she is on the Curfew Committee for the Juvenile Justice Council. The development of a County Ordinance is mowng very slowly because of many of the problems expressed, and the reality of actually collecting a fine. The group of children who are out'in the streets at 2:00 a.m. are usually children who are involved in Juvenile Justice. 12 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Mayor Taylor does not think the parents of the children we are Targeting will voluntarily enroll their children in the program. He feels it might be important to be on the leading edge of this issue, rather than waiting to follow once this is taken on County-wide. There ~s a serious problem, and younger and younger children are committing serious crimes. Mayor Taylor would like Boynton Beach to take a leadership role with this issue. Although he understands there are problems, he does not want to abandon this idea. Mayor Taylor advised thai he received six phone calls today from parents who are concerned that their children will be stopped and questioned by Police for being in the Library. He explained that the Police are net looking for children who are reading a book in the Library. However. if children are hanging aFound outside a public building, they will be questioned. Mayor Taylor is open-minded about this Ordinance, and is ready to listen to other solutions to this problem. Ms. Sheppard said that in many cases, the parents of the children who are on the street will not pay the $50 fine. This is a very difficult part of the Ordinance to enforce. Many of the families are indtgent. If a community service program is put in place, she questioned who will be liable for the supervision, and what will happen if they do not show up for that service. She feels this is a very significant issue. She offered to work with the City in establishing a program. Mayor Taylor thanked Ms. Sheppard for her offer, but pointed out that the problem is not only with poor children. Commissioner Jaskiewicz feels anything worthwhile takes effort. If the Police Department and Chief Gage feel this is a good idea, she will support the program. She feets the second item listed in the Ordinance relative to children being on the street during school hours, is very important. This will allow the Police to question these children. Commissioner Jaskiewicz feels this Ordinance will solve many of the problems that are being encountered. It is worthwhile, and she believes if one city does it. eventually the entire County and State will follow. Mark Downing, with the Florida Parentage Association, said that under the Home School Act in Florida, parents are under no obligation to control or restrict the students' movements during the 9:00 a.m. to 2:00 p.m. time frame. If one of the home school students is travelling to the library or a music lesson, that student could be stopped and questioned. The Police would not know that child is not expelled or suspended from school. This is the issue the home schooling community is concerned about. In addition, these students participate in extra-curricula activities at the school. It is possible for them to be waiting outside of the school to begin those extra-curricula activities. Mr. Downing asked the Commission to carefully consider the 9:00 a.m. to 2:00 p.m. time frame issue. Mayor Taylor thanked Mr. Downin9 for the points he made, but explained that as a parent, he would rather have the Police stop his son and question him. than have another youngster stop him with a gun to rob him. Mayor Taylor recommended that this issue be put back on the agenda in one month. This will provide an opportunity for the Commissioners to talk with their constituents and bring back recommendations. In the meantime, Police Chief Gage can also provide in ;)ut. 13 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Commissioner Tillman recommended that staff get feedback from municipalities that have already mplemented a curfew Ordinance. 2. PALM BEACH COUNTY DAYS IN TALLAHASSEE Mayor Taylor reported that he attended Palm Beach County Days in Tallahassee on March 11 and March 12. He had an opportunity to meet with Secretary of State Sandra Mortham, Attorney General Bob Butter~orth, Virginia Weatherall ofthe Department of Environment Control, Secretary of Education Frank Brogan, Insurance Commissioner Bill Nelson. the Palm Beach County Legislative Delegation. the Pa[m Beach County School Board, and numerous elected officials from other Palm Beach County municipalities. He also spent time with a lobbyist from Boca Raton and Cathy Daley, lobbyist for Delray Beach and Palm Beach County. Money for schools in Palm Beach County was a frequently discussed subject Throughout the two days, the Palm Beach County Delegation was very aware of our concerns. Representative Bill Andrews promised to work to get funding for the elementary schools that the School Board is seeking; however, he wilt not release the funds untiJ the shovel goes in the ground for the Boynton Beach high school. Frank Brogan discussed the possibility of set aside funds in the Lottery money for scholarships. There is some concern about State-directed set asides versus local determination of funds. The concern involves the fact that if the Lottery money is portioned out by the State, there will be less local control over the use of the money. Charter schools were discussed as well as teacher tenure. The means exist for local school board to have more control if they so desire it. and request it. Mayor Taylor met with Secretary of State Sandra Mortham to thank her for the grant monies we received for the School Museum project. During a meeting with Virginia Weatherall. there was discussion about effluent disposal. This is a very important issue to Boynton Beach because we are investing millions of dollars in reuse water. There are three types of disposal that exist. They are: Ocean Outfall - They are attempting to eliminate this method of disposal because it is pumped out into the ocean; Deep Well Injection - The probtem with this method is that it is injected 3,500 feet underground but as the sea water comes in, it begins to push that water back up. If there is any movement whatsoever. Ihey will close that well and not permit additional wells. Reclaim Water - This is the method we are using. However, there is a serious concern about State staff writing policy based on the Pinellas/Hillsborough County situation. PineIlas County has spent millions of dollars to purify their water. Adjacent counties have done nothing. The bad water from Hillsborough County is beginning to seep into the Pinellas wells. Therefore, Pinellas County is urging the State to come down hard on the 14 MEETING MINUTES REGULAR CITY COMMISSION MEETING :BOYNTON BEACH, FLORIDA MARCH 18, 1997 water to be pudfied to ddnking level. If that happens, it will eliminate the rause water system because of the expense involved. Commissioner Bradley was of the opinion that the problem in Pinellas County related to deep njection wells. Mayor Taylor explained that there is a problem with deep injection wells. If there sany movement, it is unacceptable. However, if the wells are shut down, the reuse is the only other option. The Palm Beach County Legislative Delegation felt that the telecommunication issue concerning franchise fees would not be acted on during this session. They do not believe it will reach the floor. They consider this a tax. and there is an anti-tax feeling this year. Bill Nelson was strongly in favor of having a consumer benefit from stronger building codes by use oR premium credits and discounts. He indicated he was willing to block any new homeowners' rate increases until ~nsurance companies can show they are passing these savings on to the consumers. Beb Butterworth expressed concern with the WXEL radio station sale to Barry University. His feels thlis is a public asset and the local government should have its say in the final outcome. He requested that Boynton Beach provide airection as soon as possible. Mayor Taylor also sat in on the Legislative Session during the presentations of the top seven ~ssues for the County. The one that was particularly interesting to Mayor Taylor was beach renourishment/beach management. We would like them to set up a long-term State funding source for beach management. Although there was a struggle, they got it out of Committee and will send it to the full Legislature to discuss it. No funding source was identified, but they were able to move it forward. Mayor Taylor felt it was very important that Boynton Beach was represented. B. Items for discussion requested by Commissioner Shirley Jaskiewicz 1. Proposal for FUNDING of CITIZEN OBSERVER PATROL OFFICE Commissioner Jaskiewicz advised that when she was filling in for the Mayor at a COPS luncheon, they mentioned that they had requested having a centralized office to be used as a training center. When the request was submitted to the City Manager's Office. it was not approved because it had not been budgeted. In addition. Ms. Parker did not feel there were enough COPS groups at that time. There are now five groups in full operation, and two more groups are in the process of being formed. Officer Egnor canvassed several of the local shopping centers to see if they would be able to provide a store for the purpose of this centralized office. He solicited Cross Creek Center, Boynton Lakes Plaza, and Boynton Plaza West. Cross Creek Center wanted to charge a monthly rental fee of $1,235.25 on a three-year lease. Boynton Lakes Plaza was willing to offer free rent. but there were many renovations that were necessary. At first, Boynton Plaza West offered the space rent 15 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 free; however, it would be necessary to pay the utilities, real estate and sales tax. These costs range from $215 to $391. Following a meeting with Officer Egnor, and the realization that they would like the presence of the COPS office in the shoppin~c center, they decided not to charge for the real estate and sales tax. The only cost involved would be approximately $120 for utilities. The site requires some clean-up, which Officer Egnor offered to do himself at a cost of between $300 to $400. Commissioner Jaskiewicz urged approval of the request to have this office open at the Boynton Plaza West for free rent, and with the City assuming the cost of the utilities. Commissioner Bradley referred to Chief Gage's memorandum dated February 5, wherein it describes renovations costing $2,000. Commissioner Jaskiewicz advised that-the store needs cleaning, painting, carpeting, and a few shelves for storage, which Officer Egnor offer to do so that the renovations will not exceed $300 to $400. Mayor Taylor feels training the participants in the area they will be patrolling is ideal. He questioned why people from YRG or Leisureville would want to go to Boynton Plaza West for training. Commissioner Jaskiewicz reminded Mayor Taylor that not all of the groups have offices like the one in Leisureville. In addition, a centralized office would have a computer system. The COPS representatives would meet weekly at the centralized office and review computer information on the crimes that have taken place in other areas of the City. These representatives would then know what to watch out for. Commissioner Bradley agreed that a centralized office was a good idea. When the City began thinking about implementing the COPS pro~o ram. he spent bme with the Sheriff's Department COPS. They have an office where volunteers gather prior to their shift. He feels this social component is important when you consider volunteerism. Commissioner Bradley questioned whether money from the Forfeiture Fund could be used to cover this expense. Don Thrasher, Boynton Beach Police Department, advised that funds are available in the Forfeiture Fund: however. Chief Gage asked hi.m to advise the Commission that the Police Department's laptop program has not yet been completed, and those funds were earmarked for that program. City Manager Willis will work with Chief Gage to find the funds elsewhere in the Police Department budget. Commissioner Jaskiewicz advised that one of the gentleman involved in this program is a member of the Fort Lauderdale Police Department. He has the potential to secure a free computer for tnis centralized office that could tie-in to the City's network. With regard to a tie-in to the City's network. Dale Sugerman, Assistant City Manager, believes there will be expenses associated because this is a remote location. The City's PBX system is out of additional lines. Therefore. it would not be possible to install a digital line that could also transmit data, We would have to purchase a separate business line and have a modem connection that 16 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 would dial into the network. That expense m~ght run approximately $60 per month. There is no cost associated with a stand-alone computer. Mayor Taylor recommends getting the office into operation first without computerizing it. This item can be considered for budgeting during the upcoming budget process. He q aestioned whether this agreement with Boynton Plaza West includes an escape clause. City Manager Willis advised that she will discuss this with the owners of the Plaza. MOtion Commissioner Jaskiewicz moved to approve this request, Vice Mayor Titcomb seconded the motion which carried unanimously. 2, Discussion on swale parking ordinance (Requested by Commissioner Shirley Jaskiewicz) Commissioner Jaskiewicz feels it is unfair for homeowners to bear the cost of Code Enforcement liens for swale improvements when they are being destroyed by a commercial establishment in the vicinity of that residence. She reminded the Commissioners of a situation involving a fence company whose employees are using an entire street of swale parking. This company has no parking on its site, and the employees are destroying another property owner's swale. The homeowner has contacted her, and is very frustrated because Code Enforcement wants the swale improved. Commissioner Jaskiewicz has spoken with Mr. Blasie. If the City does not plan to move forward with the Ordinance at this time, he recommendd that the swale be improved with the planting of City trees. This would discourage parking in the area. Commissioner Jaskiewicz feels it is time to do something to alleviate the problems the homeowners are having in this area. Attorney Cherof advised that the Ordinance was ready for first reading this evening, but it was pulled because of a concern relative to an Attorney General's opinion. The planting of trees is an alternative method of dealing with this specific swale while the Ordinance is pending. He advised lhat the City can plant in the swale, or place "No Parking" signs in the swale and issue traffic citations for traffic violations. Mayor Taylor and Commissioner Bradley would be amenable to planting in the swales. However, Commissioner Tillman and Commissioner Jaskiewicz questioned whether or not this would set a preceaent. Kevin Hallahan, Recreation Department, advised that the City has two programs that involve trees. The first one is the "Adopt-a-Tree Program". The trees are planted by the City Parks Division on the property side - not in the swale. Other cities have tried planting trees in swales. and they have not been successful with long-term maintenance of them. 17 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 The second program involves having people apply to the Parks Division for trees in the swale. The Parks Division coordinates with the Engineering Department because it involves work in the swale. The people request the ability to plant the trees, maintain them and assume liability for those trees. A third program could be implemented with the City systematically planting trees in the right-of-way, but funding and a policy direction would be needed. Mr. Blasie advised that the business is A&A Fence. They have been approached time and time again. This is an old. nonconforming business that came back into the City in the 1960s. At that time, there was no discussion about parking or site arrangement. Mr. Blasie has met with the owner a number of times who said he has tried to have his employees park systematically around the area and rights-of-way. However. the employees have been diagonally parking in this particular property owner's swale on SE 1 Street. Mayor Taylor realized that the City could prohibit parking in the area with the use of signage, and Vice Mayor Titcomb and Commissioner Tillman would support that recommendation until an Ordinance is in place. Commissioner Jaskiewicz would like the signs put on this property as well as all other properties in this area. Mayor Taylor pointed out that once the signage is in place, the property owner will not be allowed to park in the swale. Commissioner Jaskiewicz said the property owner is so desperate that he will not mind not being able to park in his own swale. Commissioner Bradley questioned whether people who park in the swales are creating a public nuisance. Attorney Cheref was not certain that could be considered a public nuisance because it has become a customary use that has been tolerated by the people. This can be addressed as destruction of property and an obstruction of a pedestrian area and drainage, Commissioner Jaskiewicz will contact the property owner to make sure he does not object to the City prohibiting parking in the swale. If he is agreeable, this will be applicable to everyone on the block. Commissioner Jaskiewicz will report back at the next meeting. Mayor Taylor advised that the fine must be posted for violators. C. Items for discussion requested by Commissioner Henderson Tillman 1. STREET LIGHTING for MINER ROAD at CONGRESS AVENUE and HIGH RIDGE ROAD Commissioner Tillman advised that this item was placed on the agenda at the request of homeowners in this area. There is no lighting in this area, and it is very dangerous at night or in the early morning, The residents would like this area lighted. ~ addition, the sidewalk does not go as far as High Ridge Road. There needs to be consistency from High Ridge Road to Congress Avenue. 18 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 City Manager Willis advised that this is a County road. They are in the process of preparing a proposal for us according to their standards. Commission consensus is needed to move in that direction. Commissioner Bradley questioned whether the City or the CounTy will pay for the lights. Attorney Cherof advised that the County would pay for them if they approved in their process and if they install them according to their time schedule. Otherwise, the City will pay for them unless we negotiate with them. Howard Solomon, resident of the Meadows, pointed out that with the new development on Lawrence Road and future development along High Ridge Road, them will be a great deal more traffic using this roadway. Consensus There was a consensus of the Commission to pursue this issue. D. Items for discussion requested by Vice Mayor Jamie Titcomb 1. Conceptual approval of MEDIANS on NORTH SEACREST BOULEVARD from HYPOLUXO ROAD to BOYNTON BEACH BOULEVARD Vice Mayor Titcomb reminded the Commissioners that at the last City Commission meeting, a member of the public brought forward a request to install landscape medians on Seacrest Boulevard from Boynton Beach Boulevard to Hypoluxo Road. He provided a report on how this ssue might be addressed. That report includes time lines and several cost issues. This area of the City is a gateway to our City. This road is five Ianes of pavement with a turning lane in the middle which is used for stopping, turning, parking and other uses it was not intended for. Vice Mayor Titcomb feels the time is right to consider beautification of the north end of the City. This 0roject would uplift this area of the City that is trying very hard to bring themselves up. He requested City Commission authorization for staff to look into this project further, to correspond and negotiate with the County to see if it is feasible to install medians that would act as traffic calming devices for Seacrest Boulevard as we as beautifying the area. Vice Mayor Titcomb pointed out that the beauty of a project such as this is if the money is short to do the entire project, it can be partially done and still achieve the effect and improvement in the neighborhood. Commissioner Tillman feels this is an excellent idea. He further recommends that the community groups bring in their plans for signage. He feels Seacrest and the north end have been left short in terms of signage. Commissioner Jaskiewicz agrees that this ~s an excellent idea. However, she feels the area between Boynton Beach Boulevard and Woolbright is a very visible area and should be included. 19 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Vice Mayor Titcomb agrees that ultimately it would be wonderful to do this entire project. This will require major funding which will have to be conceptually approved over time. We have seen a great deal of evidence in other dties where once beautifying the city begins with additional landscaping and medians, the funding became available over several years. Commissioner Jaskiewicz is hopeful the City will not encounter the same problem on Seacrest that was encountered on Boynton Beach Boulevard with people who do not want medians in front of their property. Commissioner Bradley feels the planning session on Friday will uncover issues and items that can be prioritized. He feels this is a good idea. We can get help with the soft costs from the Beautiful Palm Beaches. but the hard costs are the ones that are very expensive. We will need to know the cost of a linear foot before moving too far ahead. Mayor Taylor feels this is part of our visioning process, and he totally supports it. He believes this will be part of the Commission's major planning. He was not certain how much time or effort Vice Mayor Titcomb wanted to devote to this project without knowing what is happening with the master plan. However. he had no oroblem with Vice Mayor Titcomb meeting with the County to-get feedback and cost estimates. Vice Mayor Titcomb would like to proceed in that manner. He further oointed out that there are so many traffic and road-related issues in the City that wind up being a jurisdictional area of the County. Therefore, he feels it would be good for staff to maintain a positive and ongoing relationship with the County Traffic Engineer so that we can be proactive as issues arise. 2. Policy directives for use of SPEED HUMPS to be used as traffic calming device in the Forest Park area (Requested by Vice Mayor Jamie Titcomb) When the Commissioners left this ssue back in May, 1996, they had conceptually approved a prototype speed hump in the north end of Chapel Hill on SW 4 and SW 5. A major problem still exists with families cutting through the community for school commuting purposes. Vice Mayor Titcomb continues to receive telephone calls about the traffic problems. There are costs associated with putting in a speed hump. He would like the City to look at this as a pilot prototype program as well as a traffic calming device that would relieve some other costs such as Police enforcement and other things that have developec Another possible solution to this problem would be closing some of the streets in the community. Vice Mayor Titcomb advised that there are three other specific areas he knows of that would be interested in this pilot program. They are the Diane Drive Community Association. Boynton Beach Leisureville, and Boynton Lakes North. Vice Mayor Titcomb requested a consensus of the Commission to proceed with the speed hump project specifically on SW 4 and SW 5 Streets as originally proposed as a way of testing and solving that traffic situation. 2O MEETING MINUTES REGULAR CI~-Y COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, '1997 Commissioner Bradley recalled the residents of the area offering to pay for most or part of the costs associated with the installation of the speed humps. He questioned why this project never moved forward Vice Mayor Titcomb advised that the residents of Chapel Hill offered $1,000 for the installation of the speed hump. However. staff reported that it was possible that the speed humps would cost a great deal more than that amount of money per installation. In addition, to be effective, the City Engineer recommended putting in the speed humps in pairs or in threes over a stretch of road. To de this project correctly, it would cost more than the residents had the ability to pay. There was also an issue of not having unanimous approval from the residential neighborhood. There is a safety factor involved in this situation. The Commission had requested that a mailing be sent to the community to survey their support or opposition. It is unknown whether or not that survey was taken. Commissioner Jaskiewicz advised that residents came before the Commission who had originally s~gned the request for speed enforcement: however, they did not realize what they were signing for. They appeared to let the City know 'they did not want these speed humps in front of their homes. Vice Mayor Titcomb explained that when this first came before the Commission, the prevailing technology was speed bumps. The speed hump is different technology. He is of the op~n~on that the public had the concept of speed bumps. Mayor Taylor said Chief Gage asked us to hold this program in abeyance while he attempted to get results through enforcement. The Police Department did a test. and they did not show an exorbitant number of stops. Most of the people who were stopped were residents of the community. His recommendation was that speed humps were not required. The community was willing to donate $1.000. but the cost of the humps was $900 each. In addition, there were residents who were opposed. Commissioner Bradley said he would be interested in learning more about the costs. There s some merit to a pilot project. He would like to see if there is a way to facilitate resident involvement. If the costs are very high and we cannot get resident involvement, then a decision will have to be made relative to whether or not the City wants to take on the task of building speed humps. Commissioner Tillman advised that he spoke with Mr. Karp who is Vice President of the Meadows Homeowners' Association. Mr. Karp is of the opinion that speed humps will work well on Meadows Boulevard where people travel at 60 mph. Commissioner Tillman recommended getting cost esbmates, and presenting those estimates to homeowners' associations. Mayor Taylor suggested that the Commission be provided with a cost estimate to do one section. In addition, he requested that the residents of SW 4 and SW 5 be surveyed. 21 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Commissioner Bradley advised that some of the MPC staff went to a national workshop on traffic calming devices. The information will be presented at the next MP© meeting. He will have a report for the Corn mission in the future. Mayor Taylor advised that approximately two years ago, the County agreed to install speed humps in two or three locations as test sites. He recommended that City Manager Willis contact the County to get cost estimates from their Engineenng Department. Gary Fishman a~,rees that there is a need for speed humps. There are no stop signs on Diane Drive, and the traffic count is phenomenal. He suggested that a traffic count be used to warrant speed humps. He compJained of people driving in excess of 60 mph on his street, He Supports further investigation of the use of speed humps, However. he question the liability involved if someone gets hurt on one of these hum os. 3. Web Sites The City of Boynton Beach is investing a great deal of money to bdng the City into the 21st century. The City Commission has approved expenditures of funds to make the City Internet accessible. Through his professional affiliation Vice Mayor Titcomb recently completed a City Hall page for the City of Delray Beach. They can use this page to post their agendas and actions taken by the Commission on the Internet, At a recent staff meeting, Vice Mayor Titcemb learned that the City of Boynton Beach is several months away from getting to the point of being on line. n order to get the City of Boynton Beach on-line now. we can approach the Boynton Beach Chamber of Commerce to provide us with the Boynton Beach web site presence, Vice Mayor Titcemb is certain this will not cost the City any money. Consensus There was a consensus of the Commission to authorize staff to approach the Chamber of Commerce to see if they will provide us a visible Internet 9resence. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O97-05 RE: AMEND CHAPTER 2 of the Land Development Regulations, providing that VISUAL OBSTRUCTIONS are to be MAINTAINED AT A HEIGHT NO GREATER THAN TWO FEET SIX INCHES above street level and WITHIN THIRTY-FIVE FEET OF THE INTERSECTION of the right- of-way lines of two streets TABLED This Proposed Ordinance remained on the table at the request of Attorney Cherof. 22 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Proposed Ordinance No. 097-08 RE: Amend Ordinance No. 097-01 clarifying the existing TELECOMMUNICATIONS MORATORIUM to PERMIT THE COLLOCATION OF ANTENNAS TO EXISTING TOWERS Attorney Cherof read Proposed Ordinance No. 097-08 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Geoff Sluggett advised that it is important to approve this Ordinance in order for Nextel to proceed with other items dealing with the Nextel lease agreement and addendum to the Sprint lease agreement Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-08 on second reading. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse pol~ed the vote. The vote was unanimous B. Ordinances - 1st Reading: None C. Resolutions Proposed Resolution No. R97-44 RE: Appoint REPRESENTATIVE and ALTERNATE TO PALM BEACH COUNTY MUNICIPAL LEAGUE Motion Vice Mayor Titcomb moved to appoint Commissioner Bradley as the representative, and Commissioner Tillman as the alternate. Commissioner Jaskiewicz seconded the motion which carded unammously. 2. Proposed Resolution No. R97-45 RE: Appoint REPRESENTATIVE and ALTERNATE to METROPOLITAN PLANNING ORGANIZATION (MPO) Commissioner Bradley agreed to remain as the representative, and Commissioner Jaskiewicz agreed to remain as the alternate. Motion Vice Mayor Titcomb moved to approve. Comm~ssioner Jaskiewicz seconded the motion which carried unanimously. 23 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH; FLORIDA MARCH 18, 1997 Proposed Resolution No. R97-46 RE: Appoint REPRESENTATIVE and ALTERNATE to COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATION (COBWRA) Commissioner Jaskiewicz agreed to remain as the representative and Vice Mayor Titcomb agreed to remain as the alternate. Motion Commissioner Tillman moved to approve. Vice Mayor Titcomb seconded the motion which carried unanimously. 4, Proposed Resolution No. R97-47 RE: Appoint REPRESENTATIVE and ALTERNATE to the MULTI-JURiSDICTIONAL ISSUES COORDINATION FORUM Mayor Taylor agreed to continue as the representative, and Vice Mayor Titcomb agreed to continue as the alternate. Motion Commissioner Bradley moved approval. Commissioner Tillman seconded the motion which carried unanimously, Proposed Resolution No. R97-48 RE: Authorize execution of LEASE AGREEMENT between the CITY OF BOYNTON BEACH and NEXTEL COMMUNICATIONS for the COLLOCATION of a WIRELESS COMMUNICATIONS ANTENNA on the existing Sprint Spectrum Monopole located at the Public Works Compound Attorney Cherof read Proposed Resolution No. R97-48 by title only. He advised that this should be changed to indicate that this is a site license as opposed to a lease agreement Fie advised that the Commission need to approve the license agreement that addresses the term of the agreement which should be co-extensive with the Sprint lease with the City which is for an initial five-year term. and then extending five-year terms thereafter, to fix an annual rent for the co-location, and to fix an initial administrative processing fee. He recommended that the Commission approve the form of the ease containing these elements and authorize that the form of the lease be approved by the City Attorney. In response to Mayor Taylor's question, Attorney Cherof advised that an appropriate figure per year for rent would be $8,000 on an annual basis. The administrative fee would be $3.500. He recommended that the term of the lease be an initial five-year term with a possible five-year extension. Geoff Sluggett advised that his client agrees to the terms stated by the City Attorney and the one- time administrative fee of $3,500. 24 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Motion Commissioner Bradley moved approval of Proposed Resolution R97-48 to authorize an execution of a site license agreement between the City of Boynton Beach co-existing Nextet and Sprint for the co-location of a wireless communication system. This will be an initial five-year contract with the possibility of renewing ongoing five-year contracts at an annual rental rate of $8,000 per year including an initial processing fee of $3.500. Vice Mayor Titcomb seconded the motion which carried unanimously. Proposed Resolution No. R97-49 RE: Authorize execution of ADDENDUM to LEASE AGREEMENT dated August 6, 1996 between the City of Boynton Beach and Sprint Spectrum for the collocation of a wireless communications antenna on the existing Sprint Spectrum Monopole located at the Public Works Compound Attorney Cherof read Proposed Resolution No. R97-49 by title only. Attorney Cherof advised that this Resolution was drafted as an addendum request. However. it needs to be a consent to the co-location by Nextel. He suggested that a condition be added to the body of the Resolution that this consent is conditioned upon the lease agreement actually being signed by the parties Motion Commissioner Tillman moved to approve as amended Vice Mayor Titcomb seconded the motion which carried unanimously. Proposed Resolution No. R97-50 Re: Opposition to House Bill 313 and 214 dealing with telecommunication towers. Attorney Cherof advised that the League of Cities has recommended that we oppose House Bill #313 and Senate Bill #214 which wou d intrude upon the home rule authority of the City. Both bills relate to telecommunication towers in the industry. Motion Vice Mayor Titcomb moved to approve. Commissioner Tillman seconded the motion. Attorney Cherof advised that all members of the Palm Beach County Legislative Delegation will receive copies. Commissioner Bradley will also provide the names of the committee members. The motion carried unanimously. D. Other 25 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Woolbright Place PCD/PUD Impact and Utility Reservation Fees - discussion and possible action regarding resolution of dispute regarding calculations and payment of fees Attorney Cherof advised that this is a dispute that arose between City staff and Mr. Morton on behalf of the Woolbnght Place properties and whether they were subject to the utility reservation fees. The suggested settlement will avoid litigation. The City wilt collect one-half of the normal utility reservation fee in exchange for an acknowledgement that the settlement does not constitute a precedent, that all future Constructionlwill abide b~ the capacity reservation fee (100%), and that the properly owner, trustee Howard Schadin. holds the City harmless and indemnifies the City in the event that there is any dispute by a successor in title to Mr. Scharlin. Mayor Taylor advised that he participated in this discussion among the City Attorney, Mr. Scharlin. and Mr. Morton, and feels this is afair solution to the dispute: Commissioner Jaskiewicz questioned why this property owner does not qualify to pay the current rate Attorney Cherof advised that either the 1989 or'1990 settlement dealt with the issue of the reservation fees and set a specific number of set asides for this development. The reservation fee came into effect after that time. Commissioner Jaskiewicz inquired as to the number of subsequent agreements we have made with this property owner that replaced that agreement. Attorney Cherof reported that there was one formal agreement since that time. and this was not addressed in the body of that agreement. He exolained that if the City was to proceed and attempt to obtain a resolution of this dispute in the form of a Declaratory Judgment to the court, the court would not split the issue down the middle. The result wodld be that we would either receive the entire reservation fee, or none of it at all. Commissioner Jaskiewicz feels it is disconcerting because everything that was good in that agreement is picked apart, and when a new agreement is written, something new is added that is to his advantage and the City's disadvantage. Even though there were no reservation fees at the time of the agreement, there was no project either. City Manager Willis said the City is attempting to quickly resolve all of the outstanding issues. Motion Commissioner Bradley moved to approve. Commissioner Tillman seconded the motion which carried unanimously, Authorize the City Attorney to negotiate an INDEMNIFICATION AND MAINTENANCE AGREEMENT with PALM BEACH COUNTY for the CHAPEL HILL WALL SIGNS (Requested by Vice Mayor Jamie Titcomb) Attorney Cherof explained that he needs direction to prepare the document and send it forward. 26 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Vice Mayor Titcomb said this will address the issue of the project sitting on County right-of-way versus City right-of-way Motion Commissioner Bradley moved approval. Commissioner Tillman seconded the motion which carried unanimously. Discussion regarding TRANSFER OF ASSETS from WXEL to BARRY UNIVERSITY - Consideration of resolution TRANSFERRING/OPPOSING TRANSFER Mayor Taylor advised that the County will be notifying the Attorney General of their position that WXEL remain a public asset. They will not take a position who should run or maintain it. Commissioner Bradley advised that there is a consortium of universities that is being considered. That would keep it in the public trust. All of the Commissioners support the type of Resolution that would be generic so that WXEL remains in the public trust. Attorney Cherof recommended that the body of the Resolution include the language from our restricted covenant that says, "...As a non-profit educational and/er public broadcasting system site Mayor Taylor requested that th s Resolution be prepared and sent to the Attorney General as soon as possible (faxing it if necessary). XlI. UNFINISHED BUSINESS: Policy directives for use of SPEED HUMPS to be used as traffic calming device in the Forest Park area (Requested by Vice Mayor Jamie Titcomb) This item was discussed earlier in the meeting under Item X-D.2. Discussion on swale parking ordinance (Requested by Commissioner Shirley Jaskiewicz) This item was discussed earlier in the meeting under Item X-B.2. Xlll. OTHER: Ms, Heyden reminded the Commissioners of their earlier motion to table the abandonment application f'pr Pollo Tropical until later in the meeting. She advised that the applicant never arrived for the meetm§. Motion 27 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Vice Mayor Titcomb moved to table the application for Pollo Tropical until the April 1 meeting. Commissioner Tillman seconded the motion which carried unanimously, XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:30 p.m. CITY OF BOYNTON BEACH Mayor ATTEST: CityCClerk ~eSs~c~eta~r~ Vice/Ma~or c~mmissi~er / / Commissioner 28 CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS MARCH18,1997 ATLANTIC ENVIRONMENTAL SYSTEMS INC ................ $ 21,900.00 PO# 13438. East Wellfield Maintenance. Pay From 1996 Const Fund -- 407-000-0-690-21 CH2M HILL ............................................ $ 21,625.24 TO# 31, Mech Integrity Test Pay From 1996 Const Fund -- 407-000-0-690-21 CONSTRUCTION TECHNOLOGY INC ...................... $168,840.00 PO# 13654. Mangrove Park Development Original Contract Change Orders Current Payment Contract Balance $1,380,000.00 0.00 168,840.00 $1,211,160.00 Pay From Public Serv Tax Cons -- 301-412-5-630-12 DUVAL FORD ......................................... $167,320.00 PO# 13339. Vehicle Replacement. Please Pay From Veh Serv Fund -- 501-193-5-688-00 HECTOR TURF INC ..................................... $14,439.78 PO# 13747. Equipment Replacement Pay From GC Rev Fund -- 411-726-5-680-08 R.C. BEACH & ASSOCIATES .............................. $ 37,276.00 PO# 13309. Equipment Replacement Please Pay From 1996 Const Fund -- 407-000-0-690-21 10. REGENCY DODGE INC .................................. $ 29,374.00 PO# 13426. Van Replacement Pay From Veh Serv Funa -- 501-193-5-688-00 SCRWTD BOARD ...................................... $175,090.99 2/97 Wastewater Trtmt/Disp Charges Please Pay From W & S Rev Fund -- 401-353-5-490-09 SCRWTD BOARD ....................................... $ 30,120.09 Cap Projects/Equipment Replacement Pay From Util Cap Improv Fund -- 404-000-0-691-22, $8,770.25 Pay From Util Gen Fund -- 403-000-0-691-22, $21,349.84 SOLID WASTE AUTHORITY OF PBC ....................... $ 46,729.18 2/97 Use Charges/Sweeper Fee Pay Frpm San Fund -- 431-341-5-490-01, $44,814.80 Pay From Gert Fund -- 001-411-5-490-01, $ 1,914.38 SlRSl CORPORATION ................................... $12,852.00 PO# 13555. Label System Pay From Fed Grant Fund -- 105-516-5-313-00 THERMA SEAL ROOFS INC .............................. $ 24,732.00 PO# 12172. Historic School Project Original Contract Change Orders Adjusted Contract Payments to Date Current Payment Contract Balance $ 90,000.00 11,160.00 101,160.00 76,428.00 24,732.00 $ o.oo Pay From Public Serv Cons Fund -- 301-412-5-640-33 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: Kennedy Homes, Inc.I (Crystal Key at Woolbri,qht Place P.U.D.) APPLICANT'S AGENT: Kenneth H. Kruger, P.E. EARING BEFORE CITY COMMISSION: March 18, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval to instal perimeter buffer landscaping, security ,qates and proiect si,qna,qe for the 14.05 acre, 83 ur~it single-family detached home residential development, zoned Planned Unit Development (PUD). LOCATION OFPROPERTY: on the east side of S.W. 8th Street approximately 2i200 feet north of Woolbri,qht Road. DRAWING(S): SEE EXHIBIT "B" A'I-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 Commission hawng considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as fol ~ows: 1. Application for the relief sought was made by the Applicant in a manner consistent witl- the requirements of the City's Land Development Regulations. 2. The Applicant ,/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appli/cant'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: DATED: March 18, 1997 EXHIBIT "C" Conditions of Approval ' Project name: Crystal Key POD 1 at Woolbright Place PUD - Buffer Landscaping File number: NWSP 97-002 Reference: The ~lans consist of 3 sheets identified as 2nd Review, New Site Plan. File #NWSP 97-002 with a Januarv 31, 1996 Plannina and Zonina Deoartment date stamp markinq. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments' None UTILITIES Comments: None FIRE Comments: 1. All roadways and security gate must accommodate specifications for the largest vehicle anticipated for use in this project. The minimum performance for all security gates should be as follows: a) All gates must have one security entry code (0911 ) / b) The gate must remain open until the Fire-Rescue units have completed / the call and have reentered 0911 while leaving. c) Gates may be operable by telephone from our dispatch office. A phone call from our dispatchers will open the gate and a second call will be required to close the gate. d) In case of power failure, the gate shall open automatically and remain open. e) An exception will be allowed if a 24-hour security guard is stationed at the gate. f) Authorized key security boxes (i.e. Knox, NuTech, Supra) should be located on all buildings where alarms and/or sprinkler systems are located to assist in minimizing damage due to rapid forcible entry. g) Authorized key security boxes may be used on gates, provided each gate has one and it is well marked. A key security box on a gate shall not be used in lieu of any of the department's requirements. h) No ether code numbers, operating methods or key systems will be kept on file by the Fire Department. i) In the event fire units are unable to gain rapid entry using the above methods, the Fire Department will resort to using rapid forcible entry methods to gain entry. j) Information on where authorized key security boxes can be purchased is aYailable from Boynton Beach Fire-Rescue Fire Safety Division. ChApter 9, Local Ordinance and NFPA #1. POLICE Comments: None DEVELOPMENT DEPARTMENT Comments: Page 2 Crystal Key POD 1 NWSP 97-002 DEPARTMENTS I INCLUDE I REJECT 2. Revise both 10 foot and 25 foot buffer areas so that stormwater runoff shat! be contained on site. Chap.6, Art. Ill, Sec.5-1 and 5-2, pg.6-2 and Chap.6, Art.iV, v' Sec. 5B, pg.6-8. 3. A revised note should be placed on the p an regard ng homeowners association maintenance of completed improvements which should occur only after such improvements have been inspected and approved by the City 4. The tree locations along S.W. 8th Street shall be coord nated n the fie d, before planting, with the revised right-of-way landscape p an to be subm tted by the Shoppes of Woolbright developer. 5. All specified trees must be a minimum 8' h gh overa w th minimum 2" caliper. 6. Replacement of Specified trees with sabal palms is unacceptable. 7. Language on site p~an referr ng to an FPL "requirement for m~n~mum setbacks and substitution of tree species shou d be removed from draw ng There is no such "reouirement" PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 8. The applicant has completed the clearing of exotic vegetation from parcel B (undisturbed open area parcel of 1.47 acres, restricted to passive recreation use). Therefore, the City Commission approved north buffer (25' wide landscape berm) must be constructed along the entire adjoining property line between parcel B and the eastern residential property owners. 9. The site plan should be amended to show the location of the landscape berm. 10. Landscaping on the berm must match the approved plans. PLANNING AND ZONING Comments: 11. To c!adfy the proposed improvements within the subject request, it is recommended that notes 4 through 10 found in the Development Data chart on ~/ the plan titled Site Plan be omitted. This information is not needed as part of the request. 12. To clarify the proposed improvements within the subject request, it is / recommended that notes 6 and 7 found in the General Notes on the plan titled Site Plan be omitted. This information is not needed as part of the request. 13. To clarify the subject request, it is recommended that the Landscape Plant List found on the plan titled Site Plan be omitted. The same information is more appropriately found on the landscape plan included with the submittal. Page 3 Crystat Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTMENTS 14. To Clarify the subject request, it is recommended that notes 1 through 4 in the General Landscape Planting Notes found on the plan titled Site Plan be omitted and notes I and 2 be added to the plan that depicts the landscape buffers, with the exception that the spelling be corrected in notes 1 and 2. 15. It is recommended that following the omission of notes 6 and 7 from the Genera Notes and notes 1 through 4 from the General Landscape Planting Notes, that a note 6 be added to General Notes. The new note 6 should state that the project's homeowners association is responsible for the pe~'petual maintenance of the approved improvements located within the easement titled Landscape Buffer Easement. 16. Add to all section view drawings and plan view drawings included with the submittal the location, type and dimension of the easements of record as shown on the plat.including landscape buffer easements. 17. To clarify the purpose of each drawing, t is recommended that the p an that depicts the buffer landscaping be titled Buffer Landscape P an '~8. Show on the sheet titled Site Plan and sheet SP-1 that the leading edge of the proposed monument wail sign is no iess than 10 feet from the west prOPerty line of the project. Also show that the location of the wal s gn comp es ~v th code regulations regarding line-of-sight. [Chapfer 21 - Sign Code, Article II1., Section 5. and section 4. E. of Chapter 2 - Zoning of the Land Development Regulations] 19. To ensure that there is no conflict between the !ocation of the sign and the installation of the required buffer landscaping approved for the S W 8th street frontage of ,the project, add to the plot plan showing the monument si~n found on sheet SP-1 the location of the approved buffer andscap ng and b,erm 20. It is recommended .... that the landscaping required for;the south s~de ofilot 1 and the north side of lot 47 that is not shown on the submitted pans, be a continuation of the S.W. 8th street required buffer andecap ng It is further recommended that th s landscaping be shown and identified on the!plot plan drawing found on sheet SP-1. 21. Show and dimension on the plotlp an draw ng found on sheet SP-1, th~ ne-of- site triangles including noting on;the plan the Unobstructed cross v s b lity space required within the triangular areas where the project entrance road i~tersects with S.W. 8th Street and the on-s, ite private street. The line-of-site triang es sba comply with Chapter 7.5, Article 11 - Landscape Code, Section 5. H. an~ Section 4. E. of Chapter 2 - Zoning of the Land Development Regulations. Page 4 Crystal Key POD 1 at Woolbright Place PUD . . bandscape Buffer File No. NWSP 97-002 I' DEPARTMENTS I INCLUDE I REJECT 22. To properly reflect the city commission approved buffer along the west property line of the project, add to the sheet titled Site Plan a typical section view drawing "C - C" and add a plan view drawing of the "C - C" buffer to the drawing showing the plan view drawings of the "A" and "B" buffer. The new section view drawing and plan view drawing shall depict the landscape buffer required along the entire west property line of the project. Also change the "A - A" section cutting plane shown along s.W. 8th Street to "C -C" and add the "C-C" cutting plane to the west side of the open space parce The section view drawing and p an view drawing of the new "C - C" bUffer shall include the following: a. show and identify on the section View and plan view drawing the type and size of easer:nents, as shown on the plat including the landscape buffer easement / b. show and indicate the height of the berm on both drawings as no less than 2.5 feet with a slope of 4:1; c. title the section and plan view draw ngs, Sect on "C - C" (typical 25' landscape easement west property line ); d. add to the plan that shows the p an vew and e evat on views of the "A ~ A" and "B - B" landscape buffer p ant rig, a typ ca 100 foot section and elevation vew drawing of the required west landscape buffer. The plan view drawing and material bpeciflcations shall show and identify the following: i. trees; 12 foot tall native Green Buttonwood trees or other native tree spaced 25 foot on center; ii. hedge; 36 inch tall native Coco Plum, Silver Buttonwood or Wax Myrtle plants spaced 2 foot on center to form a continuous hedge atop the center of the berm; iii. shrubs; 36 inch tall native Seagrape or Fakahatchee Grass plants spaced 2 foot on center with a minimum of ten plants per 42 lineal feet of buffer.(Note: The shrub material shall be placed to create a meandering landscape str p) e. If there is a fence:proposed along the west property line identify on the section view drawing and the plan drawing the location, height and type of fence. 23. To clarify the location of the proposed fence, it is recommended that a distinguishable symbol be added to the plan view drawing found on the sheet / titled Site Plan and the plot plan drawing found on the sheet titled SP-1 that delineates the location of the fence. It is further recommended that each drawing identify the height and type of fence. 24. As already agreed to by the applicant, it is recommended that the proposed chain link fence be black vinyl coated. 25. On sheet SP-1 indicate, with a note, within the recreation site, that the ./ recreation area improvements are not part of th s request and that a separate V site plan approval is required for the recreation site. 26. On sheet SP-1 show the sign copy. Also, identify the height and length of the ./ lettering including the color of the lettering by color name, color code and manufacture. Add a note to the typical wall elevation drawing of the sign indicatin9 that the sign is not illuminated internally or by external lighting. Page 5 Crystal Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTMENTS IINCLUDE I REJECT I 27. Add to the plot plan found on sheet SP-1 the location of the security gates. Also, add the north/south and east/west horizontal control dimensions of the project entry including showing and delineating curbing, andscape areas, width of landscape islands, length of stacking area and width of rum-around area that is shown in front of the entry gates. 28. It is recommended that the median area shown on the plot plan found on sheet SP-1 include at least three (3), 12 foot tall Green Buttonwood trees or other / native trees with a 5to6 foot spread. Thetreesshal belocated at the east end of the median so as not to interfere with tine-of-site vision at the intemection of S.W. 8th Street. it is further recommended ~that native evergreen groundcover, green Liriope or a combination of flowering gr°Undcover be planted in the east end of the median and in ~he island where the gates are proposed. The groundcover or Liriope shall'be one (1) ga on and Spaced twelve (12) inches on center. 29. Besedontheexstng argenatvepnetreesthatare ocated near the north end of the open space parcel area, it is recommended that the landscape buffer / required along S.W. 3rd Avenue as part of the master p an appr0va be changed from the city commission approved north buffer.plan to a buffer that .w. ouI,,d,'match the west buffer plan. If this recommendation is approved add the C-C cutting plane at the nqrth s de of the ope. n space parcel. If the recommendation is denied, add the "B-B" cuttingplane atthe north property line of the open space parcel. 30, On the sheet that shows the "A -A" and "B -B" landscaping, remove the four (4) asterisk (*) found in the chart titled Plant Mater a s and Spec ficat ons- "B" Buffer. Remove the asterisk (*) found at the beginning of the first note n the Notes section found at the bottom of the page. Remove thetext (F.P.L. Req'd Sethack~. and found in the first note in the Notes section at the bottom of the page and remove the last sentence found inthe first note in the Notes section at the bottom of the page Or provide written verification from F.P.L that they will not allbw the matedal '~o be planted that is shown On the submitted plans. 31. As required by the master plan approval regarding the north buffer area, reword the fi~t note found in the Notes ~cti0n at t~e bottom of the plan that shows the / landscape buffers as follows: In the north buffer at the rear of lots 8 and 9 where the utility easement encroaches the buffer landscaping the trees may be removed and replaced with 12 foot tall Sabal Palms. The ratio of replacement shall be two Sabal Palms for each tree. Page 6 Crystal Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTMENTS I INCLUDE I REJECT I 32. Since the narrow landscape buffer area located between lots 31 and 32 is occupied with two utility easements that cut through at least a 30 foot wide area of the buffer and the utility department will allow only palm trees to be planted in a utility easement, rather than the required native canopy trees approved for this area, it is recommended that three groupings of three (3), 12 foot tall Sabal Palms be planted on the approved berm within the utility easement area. It is further recommended (to provide a dense visual buffer to limit the view of the V apartment complex) that the shrubs for this a~'ea be changed to Areca Pa ms spaced five (5) foot on center and four (4) foot tall,at time of planting. The 2.5 foot tell berm and Coco Plum hedge 36 inches tall, spaced 24 inches on center, as shown on the submitted plans, shall run continuously through this area. Add to the landscape plan a p an view deta of th s recommen(~ed Ut ty easement planting. 33. To match the city commi~ion apPreve, d buffer plan for the north buffer~, change the size and spacing of the Redtipped Cbco Plum hedge',~lanting specification id,e,~tified on tl~elsul~mittad ,,plan f0r~e typical 1100 lineal f~et of Buffer "S" from 24 tall, #3 container to 24 to 36" tall~c0n{~in~r~zed; l~edge plants installed 24" oncenteralongthetopof:the foui-feettat. ~ berm'~oforma~ntnuoush~Sdgerow.. . . the entire length of the bu~ffer. Also change the MyFs~neo~:Wax Myrt e shrub planting specification identified 13n:the Subm{ttea plan four Buffer "B" from 24"- 30 tall, #3 container to 36 to 48 !nth tatl:con~t~menze.d shrubs, spaced 5 foot on center inste ed n groups of 12 ~ ternat ng ~0r~ e~ch Side of the berm and at 25 foot intervals. Also, ~nd~cate m~the plant specifi¢,at~r~s and the plan view drawing that the shrubs shall be plac~l i~ ~ ma, ~,~er,.' to form a meander ng shape as viewed from plan vie, w. Rapdle ~:lorid~ P~ivet Wild Coffee and Necklace Pod may also be used as the shrub mate~, ~l:t~ fo:~m the meandering accent. The fou~ (4) foot tall ~eim Shbwh en ?e,§ubmitted plans shall run continuously along the north property or,he I~i'oj~cf. 34. To match the city commissio~ ~ppro,v,'ed buffer @lan for the north buffer regarding trees, change the size o[ t~e three~Sl~s~, ~Pine3 and two Red Ce,d,a,r, trees identified on the subrditted p an for th~ ~p ca 1~0; ineal feet of Buffer b from 6-8' tall to 12 foot tail 35. To match the city commission approved buffet plan f~r the north buffer, change the size and quantity specifications foe the Saw~ Pa metto pa ms dent fled on the submitted plan for the typical 100;lineal feet of Buffer ,,B,, as follows: ¥ (24) 30 to 36 inch tell Saw Palmetto palms shall be planted around the base of the three (3) Sabal Palms and the three Slash Pines The applicant is proposing 48' - ~3 container palms; 24 to be installed at each end of the 100 foot section of the buffer. Page 7 Crystal Key POD 1 at Wooibdght Place PUD ..... Landscape Buffer File No. NWSP 97-002 DEPARTMENTS 36. To match the city commission approved buffer plan for the south and east buffer, change the size of the hedge pantng specficat on identified on the submitted plan for the typical 100 lineal feet of Buffer "A", from 24-30", #3 container, planted 24" on center to 36 inch tall containerized hedge plants installed 24 inch on center at the peak of the berm to form a continuous hedge row. Also, change the shrub planting specification, identified on the submitted plan for buffer"A", from 24-30", #3 container, planted 48" on center to 36 inch tall containerized shrubs installed 24 inch on center with 10 plants per each 42 lineal feet of buffer The 2 5 foot ta berm shown on the subm tted pans sba be continuo[~s around the project with the exception of the' entrance and the approved location of the four i4) foot tall berm aldng the north property ne of the project. 37. Omit from !he plan view drawings of the typical 100 li;qeal feet of landscape buffer all ref~erence to quantities of landsc~l~e matadali The plan view drawings shall refer&rice the Iocafior~ and tyP~ of plan~ species. The planting specifications including specific Iocafi~n standar~ds; size specifications and spacing req~u rements siva b~ dentif'~d, in fhe pabt i st 38. Modify ali plan view drawings of the ~ffer areas to Show the location and specie of landscape material in compliar~ with the city commission approved planting scheme. 39. To be consi~stent with the previous cty comm ss on act on regard ng the buffer required for the east slde ofthe open space parcel place the "B-B" curt ng plane at the east side of the parcel. 40. Submit a copy of the city approved and recorded H.O.A. documents for the project, prior to the !ssuance of the building permits for the entry gates or recreation site, whichever comes first. 41. Specify on the plan the source of the rr gat on requ red for each buffer area 42. Show on the plan view drawings of the buffers the perimeter of the landscape beds where the specified mu ch w be located. 43. Submit a copy of the Palm Beach County Traffic Division approval of the methodology used by the applicant's traffic eng neer for the modification to the original Wooibdght Place PUD and Shoppes ofWoolbright PCD traffic report that allowed the change from a multi-family to single-family project. The traffic generation for this project is part of a traffic report that includes the entire development of Woclbright Place PUD and Shoppes of Woolbdght POD. 44. Submit a copy of the Lake Worth Drainage District permit prior to commencement of construction. 45. If the project is approved, Plann ng and Zon ng Department comments shall be shown in compliance on the permit plans required to construct or install the approved improvements. 46. If recommendations are approved, they shall be incorporated into the working drawings required for permits for the project. Page 8 Crystal Key POD 1 at Woolbright Place PUD · ~, Landscape Buffer File No. NWSP 97-002 DEPARTMENTS 47. As required by the notes identified on the plat, provide wdtten verification from the utility users of the utility easement shown along the north properbj line of the project to indicate that the berm and landscaping (as shown on the approved plan) may be installed within thenewten (10) footwide utility easement. Ifthe utility users will not approve the landscaping required for the noah buffer, it is recommended that the buffer easement, berm and approved landscaping be moved southward into the site so as not to diminish the required buffer. INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 47. A type of mulch other than cypress mulch shall be used. 48 No changes in the buffer proposed by the applicant shall be allowed. ~/' 49. Chair~ link fenc ng sha be prov ded 0m a four (~4) s~des of the project ADDITIONAL CITY COMMISSION CON?ITIONS 50. To be determined. ~'Y/~,,~ u~/~,/O/,/'~'' ."~.~ TJH:dim d:\crystalk\nwso]and\condappr.wpd LOCATION MAP ADDITIONAL COMMENTS/CONDITIONS BY CITY COMMISSION: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. DEVELOPMENT PLANS A c: Dev.. Plan., Util. [] Preliminary Draft ~ Revised Draft [] Final Submittal Requested City. Commission Meeting Dates ] December 3. 1996 ] December 17~ 1996 ] January 7. [997 ] January21, 1997 NATURE OF AGENDA ITEM Date Final Form Must be Tamed into City. Managers Office November 25, 1996 December 11, 1996 December 30. t996 January 15. 1997 Requested City Commission Meeting Dates ] Februaz3 4. 1997 ] February IS, 1997 ] March 4. 1997 ] March 18. 1997 [] Administration [] Consent [] Bid [] Public Hearing Date Final Form Must be Turned inn3 City Managers January 29. 1997 February 12, 1997 February 29~ 1997 March 12. 1997 [] Presentation [] New Business [] Legal [] Unfinished Business [] Other Development Plans DESCRIPTION OF AGENDA ITEM !,~-,~n additional shoats and suD~omnS documentation i£a~r~-ssz~y) Agent: Owner: Location: Description: Crystal Key at Woolbright Place PUD Kenneth H. Kruger, P.E. Kennedy Homes East side of S.W. 8th Street, approximately 2,200 feet north of Woolbright Road SITE PLAN - Request for site plan approval to install perimeter buffer landscaping, security gates and project signage for the 14.05 acre, 83 unit single- family detached home residential development. RECOMMENDATION The Plam3ia~ Development Board, with a 7 - 0 vote, recommerlds approval subject to all staff commenm in Exhibit "C" - COnditions of Approval and three additional comments regarding type of mulch, the north landscape buffer and chain link fencing around the project (see attached Planning and Zoning Department Memorandum No. 9%093). Department l~d'ad's $iga~ture 6ity D:~S HAR~WP~PRO.I~CTS\CRYSTALIGNWSPLAND~4.G~.~D Agenda Memorandum for March 18, 1997 City Commission Meeting TO: Kerry Willis City Manager FROM: Tambn J. Heyden, AICP / lann ng andZonmg Director DATE: March 13, 1997 SUBJECT: Crystal Key at Woo bright Place PUD N!~W SITE P~N (peri~neter buffer landscap ng, security gates and project Slg~age) NVVSP 97-O02 Please place the above-referenced item on the March 18, 1997 City Commission agenda un? Development Plans. DESCRIPTION: Kenneth H. Kruger, P.E., agent for Kennedy Homes., the owner of Crystal Key at Woolbright Place PUD, is requesting a site plan approval to install perimeter buffer landscaping, security gates and project-signage for the 14.05 acre, 83 unit single-family detached home residential deve_ opment, zoned Planned Unit Development (PUD). The property is located on the east side of S.W. 8th Street approximately 2,200 feet north of Woolbdght Road. For further details pertaining to this request, please see attached site plan report (Planning and Zoning Department Memorandum No. 97~076). RECOMMENDATION: The Planning anti Development Board, with a 7 - 0 vote, recommends approval subject to all:staff comments in Exhibit "C"- Conditions of Approval and a new comment that a mulch other than cypress mulch be used, that no changes in buffer be allowed and chain link fence shall be provided on all four (4) sides of the project (see attached). In addition, the Board is recommending three more conditions as follows (see also attached Exhibit "C"): 1 A type of mulch other than cypress mulch shall be used. Chain link fencing shall be provided on all sides of the project. (The plans are unclear as to where fencing ~s proposed. With respect to the north side of the project, the fenci~ would need to be provided on the south side of the buffer.) No changes in the buffer that was previously approved by the Commission shall be allowe-c~' (There was much discussion regarding this item and staff concurs with the Board's stance. However, regarding comment 35, staff would support a size reduction in the Saw Palmetto palms which are being used as a large ground cover. An argument can be made for and against this size reduction because had the buffer been installed when ong nay required, the plants wOUld be'larger-t~an What is proposal, if theCommiss~i0~ determines that availability of the larger Saw Palmetto is a hardship, the comment could be changed to: 35. The size and quantity specifications for the Saw Palmetto palms identified on the submitted plan for the typical 100 lineal feet of Buffer "B" shall be (24) 22 inch tail and planted around the base of the three (3) Sabal Palms and the three Slash Pine. -- TJH:bme Attachments xc: Central File D:\SHARE\WP~PROJ ECTS\CRYSTALK~NVSPLAND\CCAGENDA.WPD DEVELOPMENT ORDER OFTHE ClTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Kennedy Homes, Inc., (Crystal Key at Woolbri.qht Place P.U.D.) APPLICANT'S AGENT: Kenneth H. Kru,qer, P.E. EARING BEFORE CITY COMMISSION: March 18, 1997 TYPE OF RELIEF SOUGHT: Request for site plan approval to install perimeter buffer landscaping, security ,qatesand proiect si,qna,qe for the 14.05 acre, 83 unit sin,qle-family detached~home residential development, zoned Planned Unit Development (PUD). LOCATION OF PROPERTY: on the east side of S.W. 8t" Street approximately 2,200 feet north of Woolbri,qht Road. DRAWING(S): SEE EXHIBIT "B" 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 Ihe applicant and heard testimony from the appl [cant. 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 Applicant ,/ 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 ~ssuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: March 181 1997 City/Clerk EXHIBIT "C" Conditions of Approval Project name: Crystal Key POD 1 at Woolbdght Place PUD - Buffer Landscaping File number: NWSP 97-002 Reference: The clans consist of 3 sheets identified as 2nd Review, New Site Plan. File #NWSP 97-002 with a January 31.1996 Plannino and Zonino Denartment date stamp markinq. DEPARTMENTS IINCLUDE I REJECT I PUBLIC WORKs Comment~' N<3n~. - UTILITIES Comments None FIRE Comments: 1. All roadways and security gate must accommodate specifications for the largest vehicle anticipated for use in this project. The minimum performance for all security gates should be as fo ows ~ a) All gates must have one secudty entry code (0911) 5) The gate must remain open un~l the Fire-Rescue units have completed the call and have reentered 0911 while leaving. c) Gates may be operable by telephone from our dispatch office. A phone call from our d spatchers w open the gate and a second call will be required to close the gate. d) In case of power failure, the gate shall open automatically and remain open. e) An exception will be al owed if a 24-hour secudty guard is stationed at the gate. f) - - Authorized key security boxes (i.e. Knox, NuTech, Supra) should be located on all buildings where alarms and/or sprinkler systems are located to assist in minimizing damage due to rapid forcible entry. g) Authorized key secudty boxes may be used on gates, provided each gate has one and it is well marked. A key secudty box on a gate shall not be used n Ieu of any of the department's requirements. h) No other code numbers, operating methods or key systems will be kept on file by the Fire Department. i) In ~e event fire units are unable to gain rapid entry using the above reef, hods the Fire Department will resort to using rapid forcible entry methods to gain entry. j) Information on where authorized key secudty boxes can be purchased is available from Boynton Beach Fire-Rescue Fire Safety Division. Chapter 9, Loca Ordnance and NFPA#1. POLICE Comments: None DEVELOPMENT DEPARTMENT Comments: Page 2 Crystal Key POD 1 NWSP 97-002 2. Revise both 10 foot and 25 foot buffer areas so that stormwater runoff shall be contained on site. Chap.6, Art. ill, Sec.5-1 and 5-2, pg.6-2 and Chap.6, Art. IV, Sec. SB, pg.6-8. 3. A revised note shou d be p aced on the plan regarding homeowners association maintenance of completed improvements which should occur only after such improvements have been inspected and approved by the City 4. The tree locations along S.W. 8th Street shall be coordinated in the field before planting, with the revised right-of-way landscape plan to be submitted by the Shoppes of Wee b{ight dev~ oper 5. Ail specified trees must be a minimum 8' high overal[with minimum 2" caliper. 6. Replacement of spec fled trees W th sabe pa ms s unacceptab e 7. Language on site plan referring to an FPL "requ rement" for m n mum setbacks and substitution of.tree spec es shou d be removed from drawing. There s no PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTAL ST Comments: 8. The applicant has completed the cleadng of exotic vegetation from parcel B (und sturbed open area parcel of 1.47 acres, restricted to pass ve recreation use). Therefore, the City Commission approved north buffer (25' wide landscape berm) must be constructed along the entire adjoining property line between parcel B and the eastern residential property owners. 9. The site plan should be amended to show the location of the landscape berm. 10. Landscaping on the berm must match the approved plans. PLANNING AND ZONING Comments: 11. To clarify the proposed improvements within the subject request, it is recommended that notes 4 through 10 found in the Development Data chart on the plan titled Site Plan be omitted. This information is not needed as part of the request. 12. To clarify the proposed improvements within the subject request, it is recommended that notes 6 and 7 found in the General Notes on the plan titled Site Plan be omitted. This information is not needed as part of the request. To clarify the subject request, it is recommended that the Landscape Plant List 1 3. found on the plan titled Site Plan be omitted. The same information is more appropriately found on the landscape plan included with the submittal. Page 3 Crystal Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTMENTS I INCLUDE I REJECT 14. To clarity the subject request, it is recommended that notes I through 4 in the Genera Landscape Planting Notes found on the plan titled Site Plan be omitted ,/ and notes 1 and 2 be added to the plan that depicts the landscape buffers, with v the exception that the spelling be corrected in notes 1 and 2. 15. It is recommended that following the omission of notes 6 and 7 from the General / Notes and notes 1 through 4 from the General Landscape Planting Notes that a note 6 be added to General Notes. The neW.note 6 should state that the project's homeowners association is responsible for the perpetual maintenance of the approved mprovements ocated with n the easement titled Landscape Buffer Easement. 16. Add to all section view drawings and plan view drawings included with the ' subm tta the ocat on .type and dimension of the easements of reCOrd as shown on the p at nclud ng landscape buffer easements. 17. To clarity the purpose of each drawing, it is recommended that the plan that depicts the buffer landscaping be titled Buffer Landscape Plan. 18. Show on the sheet tit/ed Site Plan and.sheet SP-1 that the leading edge of the proposed monument wall sign is no less than '10 feet from the west property I ne of the project. Also, show ~hat the location of th;e Wall sign complies with code regulations regarding line-of-sight, [Chapter21-$ignC~de, ArticlellI, Section 5. and section 4. E. of Chapter 2 - Zoning of the Land Development Regulations] 19. To ensure that there is no conflict between the location of the sign and the installetion of the required buffer landscaping approved for the S.W. 8th street J frontage of the project, add to the plot plan showing the monument sign found on sheet SP-1 the location of the approved buffer landscaping and berm. 20. It is recommended that the landscaping required for the south side of lot 1 and the north side of lot 47, that is not shown on the submitted plans, be a continuation of the S.W. 8th street required buffer landscaping. It is further recommended that this landscaping be shown and identified on the plot plan drawing found on sheet SP-1. 21. Show and dimension on the plot plan ~awing found on sheet SP-1, the line-of- / site triangles, including noting on the plan the unobstructed cross visibility space required within ~he triangular areas where the project entrance road intersects with S.W. 8th Street and the on-site private street_ The line-of-site triangles shall comply with Chapter 7.5, Article II - Landscape Cede, Section 5. H. and Section 4. E. of Chapter 2 - Zoning of the Land Development Regulations. Page 4 Crystal Key POD I at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTMENTS I INCLUDE I REJECT 22. To properly reflect the city commission approved buffer along the west property line of the project, add to the sheet fit/ed Site Plan a typical section view drawing "C - C" and add a plan view drawing of the "C - C" buffer to the drawing showing the p an vew drawings of the "A" and "B" buffer. The new section view drawing and plan view drawing shall depict the landscape buffer required along the entire west property line of the project. Also change the "A - A" section cutting p ace shown along S.W. 8th Street to "C -C" and add the "C-C" cutting plane to the west s de of the open space parcel. The section view drawing and plan view drawing of the new "C - C" buffer shall include the following: a. show and identify on the section view and plan view drawing the type and size of easements, as shown on the plat, including the landscape buffer' easement; / b. show and indicate the height of the berm on both drawings as no less ~,/ than 2.5 feet with a slope of 4:1; c. title the section and plan view drawings, Section "C - C" (typical 25' landscape easement west property line ); d. a,d,d to ~,h,e pl~,n that shows the plan view and elevation views of the A- A- and ~B - B landscape barfer planting, a typical 100 foot section and elevation view drawing ofthe required west landscape buffer. The plan view drawing and material specifications shall show and identify the following: L trees; 12 foot tall native Green Buttonwood trees or other native tree spaced 25 foot on center; ii. hedge; 36 inch tall native Coco Plum, Silver Buttonwood or Wax Myrtle plants spaced 2 foot on center to form a continuous hedge atop the center of the berm; iii. shrubs; 36 inch tall native Seagrape or Fakahatohee Grass plants space~:l 2 foot on center with a minimum of tan plants per 42 lineal feet of buffer (Note: The shrub material shall be placed to create a meandering landscape strip). e. If there is a fence proposed along the west property line, identify on the section view drawing and the plan drawing the location, height and type of fence. 23. To clarify the location of the proposed fence, it is recommended that a distinguishable symbol be added to the plan view drawing found on the sheet titled Site Plan and the plot plan drawing found on the sheet titled SP-1 that delineates the location of the fence. It is further recommended that each drawing identify the height and type of fence. 24. As already agreed to by the applicant, it is recommended that the proposed chain link fence be black vinyl coated. 25. On sheet SP-1 indicate, with a note, within the recreation site, that the recreation area improvements are not part of this request and that a separate site plan approval is required for the recreation site. 26. On sheet SP-1 show the sign copy. Also, identify the height and length of the lettering including the color of the lettering by color name, color code and V manufacture. Add a note to the typical wall elevation drawing of the sign indicating that the si,~n is not illuminated internally or by external lighting. Page 5 Crystal Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTMENTS I INCLUDE I REJECT 27. Add to the plot plan found on sheet SP-1 the location of the secudty gates. Also, add the north/south and east/west horizontal control dimensions of the / project entry including showing and delineating curbing, landscape areas, width of landscape islands, length of stacking area and width of turn-around area that is shown in front of the entry gates. 28, It is recommended that the median area shown on the plot plan found on sheet SP-1 include at least three (3), 12 foot tall Green Buttonwood trees or other native trees with a 5 to 6 foot spre~ad. The tree.s shall be located at the east end of the median, so as not to interfere With line-of-site vision at the intersection of S.W. 8th Street. It is further recommended that~ative evergreen greundcover, green Lidope or a ~ombination ef~flowering:gr0undce?r be ~lant~;in the east end of the median and in the island w~he~'e th~ g~tes are propOSed. The groundcover or Liriope shall be erie (1)gallon arid sPaced tweK~e {~12) inches on center. 29. Based on the existing large native pine trees'thatare located near;the-north end of the open space parcel area, it iS reCqmmei~ded that the iands~ape buffer / required along S.W. 3~d Avenue, as part of,the~ master plan al~proval, be changed from the city commission app~ved north; b~uffer ?lan to a ~uffer that .w. oul?, match the west buffer plan. If~imC~m~e!3~ationlsappro,~ed, addthe C-C cutting plane at the no~th side:of th~ 0p~n space pardi. If the recommendation is denied, add the "B-B~ cut~ing[Plane at the north property line of the open space pamel. 30. On the sheet that shows,the "A -A" and "B -B" landscaping,.remove the four (4~ asterisk (*~ found in the chart ~tled Plant Material~ and Specifications - "B" / Buffer. Remove the asterisk ( ~ found,at the beginning of the first note in t~e / Notes section found at the bottOm of the page, ' Remove the text (F.P.L. Reod Setback), and found in the first note in the Notes section at the bottom of the page and remove the last sentence feur[d tn the first,note~, in the Nqtes section at the bottom ofthe page or prov de written vedfi~tiOn from F.P.L that they will not allow the material to,, be ~tanted that is sh~o~'o,!the submitted plans. 31. As required by the master plan aPl~roval r"egar, dipg the north buffer ai:ea, reword 1 the first note found in the NoteS seCtion, at the;bb~tom bf ther~plan that shows the landscape buffers as follows: In the north buffer at the rear of lots, 8 and 9 where the utility easement encroaches the buffer landscaping, the trees may be removed and replaced with 12 foot tall Sabal Palms. The ratio of replacement shall be two Sabal Palms for each tree. Page 6 Crystal Key POD 1 at Woolbdght Place PUD Landscape Buffer File NO. NWSP 97-002 DEPARTMENTS I INCLUDE I REJECT 32. Since the narrow landscape buffer area located between lots 31 and 32 is occupied w th two uti ity easements that cut through at least a 30 foot wide area of the buffer and the utility department will allow only palm trees to be planted n a ut ty easement rather than the required native canopy trees approved for th s area t s recommended that three groupings of three (3), 12 foot tall Sabal / Palms be planted on the approved berm within the utility easement area. It is further recommended (to provide a dense visual buffer to,limit the view of the apartment complex) that the shrubs for this area be changed to Areca Palms spaced five (5) foot 0n center and four (4) foot ~a~ 'a~time of planting. The 2.5 1 foot tall berm and Coco Plum hedge 36 inchbs tall;~SPacad 24 inches On center, as shown on the submitted plans, shall run continuously through this area. Add to the a~dscape p an a p an vew deta I of th s reco~r~ended utiity easement planting· 33. To match the city commission approved,buff~ i~lan·for the no~th buffer, change the size and sPec ng of the Redtipped COco P~um ~edg~ p anting specification, ~dentified on the submitted plan forthe typL(~a~ I~100 !ine~e,,'~ of;B ~uffer B, from 24" tall, ~3 container to 24" to 36" tall c0ntairie?~e~d he~,ge ~pl~ahtS;'in~talled 24" on center along the top of the four~foot tai beri~ tO,fern3 ~n~ puo,us ~dge row the entire length of the baffler. Also, changeth~ M~sir[e i~,~ ,V~/a.g U~rtle shrub planting spec,ffcatlon, ~dentified oq the sub~ ~l~a.n.~@r E~u~r ?, from 24 - 30 tall #3 centame~ to 36 to 48 ~nch tel cor!t~ ner~.,zed~t~ru~%..spaced 5 foot on center 'nstalle~ in groups of~2 altemating"~]~ S[i~(~f-~tt~ ~erm~and at25 foot intervals. Aisc indicate in the pla~ $~daii~ 'a~·t~e :plan view drawing, that the shrubs shall be placed~,,[n ,:a ~_.~ ln~l~,~tq ;~e~m a me, andenng shape as viewed f[°m plan v:iew. Randi~, I~r ~i~et, ~1d ~ffee and Necklace Pod may also be 'used as the sh~'~b!~t ~rial,·t~.~r~th~ m~andefing accent. The four (~) fooLtall, berm show@, pa~i.th~ s~it~e~ pl~nsshall run continuously along the nor;ih property O;f th~ ~j~. 34. To match the city comrmsslon approved ~bu.~ ,pl~ fer the north buffer regarding trees, change the size of the thr,ee!$~h'P~r~es a~ t~,o Red Cedar , trees identified on the submitted plan for the typ~at 10~iheal~fee[ of Buffer "B" from 6-8' tall to 12 f,oot tail 35. To match the city cemmiSsi,0n approved buffe~ p!ar~ for the north buffer, change the size and quantity specifications for the Saw.Pa!mettd~pa!ms identified on the submitted plan for the typical ~00 lineal feet 0f Buffer?B" as folloWS: \/ v (24) 30 to 36 inch tall Saw Palmetto palms shall be planted around the base of the three (3) Sabal Palms ,an~ ihe three Slash Pines. The applicant is proposing 48 - #3 co.n.~, inet palms; 24 to be installed at each end of the ;100 foot sect on Of theibaffer. Page 7 Crystal Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 36. To match the city commission approved buffer plan for the south and east buffer, change the size of the hedge planting specification identified on the submitted plan for the typical 100 lineal feet of Buffer "A", from 24-30", #3 container, planted 2 4 on center to 36 rich tall conta nenzed hedge plants installed 24 rich on center at the peak of the berm to form a cont nuous hedge row. Also, change the shrub p ant ng specification, dent fled on the submitted plan for buffer "A" from 24-30", #3 container planted 48" on center to 36 nch tall containerized shrubs installed 24 inch on center With 10 p ants per each 42 lineal feet of buffer. The 2.5 foot tall berm shown on the submitted plans shall be continuous around the project With the exception of the entran~:e and the approved location of the four (4) foot tall berm a ong the north Property line of the project. 37. Omit from the plan view drawings of the typica 100 nea feet of landscape buffer all reference to quantifies of landscape materia The plan view drawings shall reference the location and type of plant specieS. The p~anting specifications, including specific location stan~ds, ~ize specificato~ls and spacing requirements shall be identified in Re ~iant list. 38. Modify all plan view drawings of the buffer araas to show the ocat on and specie of landscape matedal in compliance With th~ city commission: approved planting scheme. 39. To be consistent with the previous city. commission action regarding, the buffer required for the east side of the open space parcel, placethe"B-B" Cutting plane at the east side of the parcel. 40. Submit a copy of the city approved and recorded H.O.A. documents for the project, prior to the issuance of the building permits for the entry gates or recreation site, whichever comes first. 41. Specify on the plan the source of the irrigation required for each buffer area. Show on the plan view drawings of the buffers the Perimeter of the landscape 42. beds where the specified mulch will be located 43. Submit a copy of the Palm Beach County 'Traffic Division approval of the methodology used by the applicant's traffic eng near for the modification to the original Woolbright Place PUD and Shoppes of Woo bdght PCD traffic report that allowed the change from a multi-family to:single-family project. The traffic generation for this project is part of a traffi~ r~port that includes the entire development of Woolbright Place PUD and Sboppes of WOo br ght PCD. 44. Submit a copy of the Lake Worth Drainage District permit pdor to commencement of construction. 45. If the project is approved, Planning and Zoning Department comments shall be shown in compliance on the permit plans required to construct or install the approved improvements. 46. If recommendations are approved they shall be incorporated into the working drawin,qs required for permits for the project. Page 8 Crystal Key POD 1 at Woolbright Place PUD Landscape Buffer File No. NWSP 97-002 DEPARTME~ITS I iNCLUDE I REJECT 47. As required by the notes identified on the plat, provide written verification from the utility users of the utility easement shown along the north property line of the project to indicate that the berm and landscaping (as shown on the approved plan) may be installed w th n the new ten (10) foot wide utility easement f the utiJity users will not approve the landscaping required for the north buffer, it is recommended that the buffer easement, berm and approved landscaping be moved southward nto the s to, so as not to d m n sh the requ red buffer ADDITIONAL pLANNING AND DEvELoPMENT BOARD coNDITIONS 47. A type of mulch other than cypress mu ch sha be used 48 No changes in the buffer proposed by the app cant sha be a owed ' 49. Chain link fencing shall b~ pr0v ded on a ,four (4) s des of the project ADDITIONAL CITY COMMISSION CONDITIONS 50. To be determined. ~'V/~C,~ ~,aJ<)!,~'3~f' TJH:dim d:~crystalk~nwspland\condappr.wpd /~' /~1,~,~.,~, ~:"~ ~ '~l~ LOCATION MAP ~D C~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. DEVELOPMENT PLANS A c: Dev., Plan., Util. Preliminary Draf~ [] Revised Draft [] Final Submittal Requested City Commlssmn Meeting Dates ] December3. 1996 ] December 17. 1996 ] January 7. 1997 ] January. 21 I997 Dale Final Form Must be Turned into City Manager's Office November 25. 1996 December I1. 1996 December 30. 1996 January 15, 1997 Requested City Commission Meeting Dates ] Febmmy 4, 1997 ] Febma~ 18. 1997 ] March4. 1997 ] March t$. 1997 Date Final Form Must be Turned into City Manager's January 29. L997 Febmary 12. 1997 February 29, I997 Match 12- 1997 NATURE OF AGENDA ITEM [] Administration [] Consent [] Presentation [] Bid [] Public Hearing [] New Business [] Legal [] Ul~finished Business [] Other Development Plans DESCRIPTION OF AGENDA ITEM la~a~ additional ~l'~¢m and supporting docum~n~.afion if n¢ce~a~) Project: Agent: Owner: Location: Crystal Key at Woolbfight Place PUD Kenneth H. Kruger, P.E. Kennedy Homes East side of S.W. 8th Street, approximately 2,200 feet north of Woolbright Road Description: SITE PLAN - Request for site plan approval m install perimeter buffer landscaping, security gates and project signaga for the 14.05 acre, 83 unit single- family detached home residential development. RECOMMENDATION The Planni~ ~ Development Board, w/th a 7 - 0 vote, recommends approval subject to all staff comments m Exhibit C - Conditions of Approval and three addittonal comments regarding type of mulch, the north landscape buffer and chain link fencing around the project (see attached Planning and Zoning Depatiment Memorandum No. 97-093). Depa~unem I~ad's Sign~/ture D:\S HAR~WI~ROJECTS\CRYSTALK'u~WSPLAND~GENDANW.WPD ? ~ity tV~e£s Si~tmature DEPARTMENT ;)7-093 Agenda Memorandum for March 18, 1997 City Commission Meeting TO: FROM: DATE: SUBJECT: Kerry Willis City Manager Tambd J. Heyden AICP / Planning and ZOning Dire(~'or March 13, 1997 Crystal Key at Woo br ght P ace PUD NEW SITE PLAN (perimeter buffer landscaping, secudty gates and project signage) NWSP 97;002 Please place the above-referenced item on the Mamh 18, 1997 City Commission agenda undE Development Plans. DESCRIPTION: Kenneth H. Kruger, P.E., agent for Kennedy Homes., the owner of Crystal Key at Woolbdght Place PUD, is requesting a site plan approval to install perimeter buffer landscaping, security gates and project signage for the 14.05 acre, 83 unit single-family detached home residential development, zoned Planned Unit Development (PUD). The property is located on the east side of S.W. 8th Street approximately 2,200 feet north of Woolbdght Road. For further details pertaining to this request, please see attached site plan report (Planning and Zoning Department Memorandum No. 97-076). RECOMMENDATION: The Planning and Development Board, with a 7 - 0 vote; recommends approval subject to all staff comments in Exhibit "C" - Conditions of Approval and a new comment that a mulch otherthan cypress mulch be used, that no changes in buffer be allowed and chain link fence shall be provided on all four (4) sides of the pr~oject (see attached). In addition, the Board is recommending three more conditions as follows (see also attached Exhibit "C"): A type of mulch other than cypress mulch shall be used. Chain link fencing shall be provided on all sides of the project. (The plans are unclear as to where fencing is proposed. With respect to the north side of the project, the fencings. would need to be provided on the south side of the buffer.) No changes in the buffer that was previously approved by the Commission shall be allowed-'-' (There was much discussion regarding this item and staff concurs with the Board's stance. However, regarding comment 35, staff would support a size reduction in the Saw Palmetto palms which are being used as a large ground cover. An argument can be made for and against this size reduction because had the buffer been installed when originally required, availability of the larger Saw Palmetto is a hardship, the comment could be changed to: 35. The size and quantity specifications for the Saw Palmetto palms identified on the submitted plan for the typical 100 lineal feet of Buffer "B" shall be (24) 22 inch tall and planted around the base of the three (3) Sabal Palms and the three Slash Pine. TJH:bme Attachments xc: Central File D:\SHARE\WP\PROJECTS\CRYSTALK~NWS PLAN D~CCAGENDA.WPD