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Minutes 12-18-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 18, 1990 AT 6:00 P.M. pRESENT Gene Moore, Mayor ~ee Wische, Vice Mayor ~illian Artis, Commissioner Denys "sam" DeLong, Commissioner ~rline Weiner, Commissioner J. Scott Miller, City Manager Peggy White Boulle, Deputy Clerk Steve Josias, City Attorney ~ayor Moore called the meeting to order at 6:00 P.M. There Tas a moment of silent prayer followed by the Pledge of ~llegiance to the Flag which was led by the Mayor. AGENDA APPROVAL ~elative to the Public Hearing on the. Hypoluxo Service Station Land Use Element Amendment/Rezoning/Text Amendment item III B on the Agenda), the Mayor announced that the etitioner had requested a postponement for 30 days. Mr. ~eran Kilday, representing the petitioner, indicated he had ~o problem with readvertising as modifications to the ~equest were likely. Attorney Josias stated the petitioner Should readvertise. The readvertising will indicate there Will be a Public Hearing at the time this comes back. Chris dutro, Planning Director, commented if there were substan- tial changes, they might have to be rerouted back to the qanning and Zoning Board. It could end up being longer .ban 30 days depending on the nature of the changes. Mr. [ilday stated, "We will do a remailing as well as renotifi- ~ation at the applicant's expense." ~nder NEW BUSINESS, B. 1, Commissioner DeLong added, "City ngineer." ~nder LEGAL, D. 3., City Manager Miller added "Carteret avings Bank - Heritage Properties." Under NEW BUSINESS, ., Mr. Miller added "St. Paul AME Church Request for Annual ~arnival." ~ommissioner Weiner moved to approve the Agenda as amended. ~ice Mayor Wische seconded the motion which carried 5-0. ANNOUNCEMENTS ~. Mayor Moore announced City Hall will be closed on ~ecember 24, 25, 1990 and January 1, 1991 for the Holidays. ~. The next City Commission meeting will be held on Wednesday, January 2, 1991. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 PRESENTATION t. Accept $2,500 donation from Castoff Square Dance Club The Mayor extended thanks and a Certificate of Appreciation ~o representatives of the Club who were present. ~IDS DEVELOPMENT PLANS ~ice Mayor Wische requested that the two Boynton Lakes Plaza projects listed under DEVELOPMENT PLANS, namely, the Preliminary Plat and the Site Plan Modification, be moved up ~n the Agenda. ~roject Name: Agent: Qwner: ~ocation: )escription: Boynton Lakes Plaza John Glidden, Architect Oliver-Glidden & Partners Boynton Lakes Development Corporation North Congress Ave. at Hypoluxo Rd., southeast corner PRELIMINARY PLAT - Request for the approval of amended construction plans and preliminary plat which provide for the construction of infrastructure to serve a 133,015 sq. ft. shopping center and of a boundary plat for a .83 acre outparcel under separate ownership. (Unanimously approved by Planning & Zoning Board) SITE PLAN MODIFICATION - Request for an amended site plan to allow changes in site layout and design, a 4,818 sq. ft. gross floor area decrease from 137,833 sq. ft. to 133,015 sq. ft., significant changes to tenant mix to be comprised of a 54,234 sq. ft. supermarket (Winn Dixie), a 13,500 sq. ft. drugstore, 65,281 sq. ft. of retail/office space and three leased outparcels on 11.63 acres, and elimi- nation of the shared parking alloca- tion. (The site plan modification was not unanimously approved by the Planning & Zoning Board.) MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Chris Cutro, Planning Director, explained the Planning & Zoning Board had "continued" this site plan modification at ~he December 11, 1990 PZB meeting. The TRB had subsequently reviewed a revised site plan which met all the conditions set forth by the TRB members at their November meeting. A ~pecial meeting of the PZB had taken place at 5:00 P.M. (prior to this Commission meeting). The PZB had voted to approve the plan. ~r. Cutro commented there was one area of contention on this ~ite plan, namely, the location of the "No Trucks" signs ~hich are located at the corners of Hypoluxo Rd./Boynton ~akes Blvd. and Plaza Lane/Congress Ave. These sign loca- tions were recommended by Vince Finizio, Administrative ~oordinator of Engineering. The Police Dept. is opposed to ~hose locations. The Planning Dept. did not have a problem ith those locations, but it did feel the Plaza Lane access hould be kept open by moving the "No Trucks" sign approxi- mately 200 ft. to the east, so a truck will be able to turn ight off of Plaza Lane and go into the development, make ts deliveries behind the buildings and then exit by way of ~ypoluxo Rd. The locations of the signs approved by the PZB ereat the corners and this needed to be addressed Vice ayor Wische pointed out Mr. Glidden had indicated ~e would be willing to move the signs. ~ohn Glidden, Oliver-Glidden & Partners, stated the appli- I . ~ant had agreed to place the signs on Boynton Lakes Blvd. at ~he intersection at Hypoluxo Rd. This would prohibit com- mercial vehicles from entering Boynton Lakes Blvd. With ~egard to posting the sign on Plaza Lane, the applicant Iequested the sign be located just past the first point of ngress to the project. Mr. Glidden referred to a map and ~xplained the intention of that location. If the sign were ~laced as recommended by Mr. Finizio, Mr. Glidden stated it ould create a U-Turn situation for trucks on Congress Ave. r. Cutro indicated the Planning Dept. could go along with r. Glidden's recommendation but the Police Dept. felt the ~igns should be eliminated. ~yor Moore asked if there was any input from the audience. ~ynne Matson, 1 West Chesterfield Drive, wished to address ~he entire site. Mrs. Matson asked that her remarks be made ~art of the Minutes in their entirety. She represented ~everal hundred people in the audience and other residents )f Boynton Lakes North and Boynton Lakes who could not be ~resent. In the last few days, over 1,000 signatures had )een obtained on a Petition which was presented to the City {anager. The two communities were protesting several .ssues. Please see Mrs. Matson's written statement which .s attached to these Minutes. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Mrs. Matson stated they would like to see the parking lot redesigned so the trucks go in from Congress Ave. or Hypoluxo Rd. They were not against the project itself. She ~ndicated she would like for the buffer wall to not be bro- ken. Ms. Linda Grub, 6 Redford Drive, referred to a Day Care Center which was to be located in this proposed shopping Center. An area in the parking lot would be utilized for a ~lay area. Ms. Grub observed the play area was exactly 9pposite the vehicle entrance to the shopping center which she felt was unsafe for the children. She was also con- ~erned about trucks taking short cuts down Boynton Lakes Blvd. into the shopping center. She would like the break in ~he wall closed. She was afraid the "No Trucks" signs would ~ot be enforced. Ms. Grub made specific recommendations on the way traffic should be directed. r. Cutro clarified that on the original plan approved in 987, there was an opening on Plaza Lane and Boynton Lakes ~lvd. Mr. Cutro felt that since Mr. Finizio had gone through a series of detailed possible solutions, he should ~e given an opportunity to discuss those solutions. ~r. Finizio felt the developer could redesian the plan without too much effort. By "flipping over~ the truck loading zone, trucks could enter from Hypoluxo Rd. Vehicles ~eading southbound would cross Hypoluxo, where there is a Storage lane with a safe left turn arrow. Vehicles could make a safe left-hand turn onto Hypoluxo Rd. and enter the ~ngress/egress approach. That would keep all of the traffic ~rom the County road to the rear of the site without any impact to the adjacent community. Mr. Finizio had recom- mended locations for the "No Trucks" signs. r. Glidden pointed out that circulation of Winn Dixie's oading space was a non-negotiable item. Winn Dixie had ever "flip-flopped" such a design. The point of loading ad been established from the beginning. Mr. Glidden ecalled they had met with Mr. Finizio on several occasions nd had gone over the entire truck circulation and ~verything had been acceptable. It was only recently that his change in position had taken place. M~. Glidden felt he most significant issue relative to truck access had to o with separating semitrailers from the points of ~ngress/egress which shoppers will frequent, which are the points on Hypoluxo Rd. and Congress Ave. The idea of trying ~o route all the trucks into the north entrance on Hypoluxo ~d. was bad planning, in Mr. Glidden's opinion. ~s. Cheryl Rogers, 11 Flint Way, stated she had served as ~ity Clerk in two cities and she appreciated the decisions 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 that had to be made. Ms. Rogers felt the developer was looking out for his own interests and the Commission should look after the citizens' interests. She referred to the ~ublix Shopping Center at the corner of Hypoluxo Rd. and Congress Ave. You cannot get in or out of that shopping center except from Hypoluxo or Congress. She asked why the same couldn't be true with the proposed shopping center. Ms. Rogers stated she was not opposed to the shopping center itself. She did not know until recently that a shopping denter was proposed. She recommended that Boynton Lakes ~lvd. and Plaza Lane be blocked off to keep traffic out. ~s there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. ~he Mayor understood the recommendation of the PZB and staff Was to approve the plan, with the exception of Mr. Finizio. mr. Finizio repeated his recommendation, which included ~losing off the points of ingress/egress on Boynton Lakes ~lvd. and Plaza Lane. ~otion ~ommissioner Weiner moved that both of those entrances be losed off and the site plan modification be denied. The ~otion died for lack of a second. ~iscussion took place about the proposed Day Care Center. A lease had not been signed with a specific tenant in that ~egard yet. Mr. Glidden stated they were able to satisfy ~he interior and exterior playground requirements of the ~ealth Dept. A 70' X 180' piece of property was available ~r.the playground. Mr. Glidden stated that exceeds the ilnlmum requirements for an exterior playground. The faci- ity would be planned with safety in mind and would be fully enced. Mr. Glidden referred to a written flyer which was resented to the residents of Boynton Lakes which contained ncorrect information regarding the intent to four lane ~oynton Lakes Blvd. and which indicated truck traffic would e rerouted through their project. Mr. Glidden stated that as not the applicant's intent. r. Cutro pointed out the Day Care Center would require a onditional use. There would be public hearings before the pZB and the City Commission. All of the outparcels would ~ave to come back for separate site plan reviews before the PZB and City Commission. This would include any proposals ~or gas stations. ~ommissioner Weiner was displeased that there was no second ~o her motion to deny this plan. She thought it was a "slap 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 in the face" of the crowd that was present. Heated discussion ensued and the Mayor demanded order. Commissioner Weiner objected to a remark the Vice Mayor made about her position on this. Motion Vice Mayor Wische moved to accept the plans as presented, ~or both items. The Mayor passed the gavel and seconded the motion. Commissioner Artis requested clarification. Attorney Josias ~ndicated she could do so as a point of information. Commissioner Artis stated she was still concerned about why the residents did not want the shopping center. The crowd became somewhat boisterous. One person in the audience ~tated they wanted the shopping center, they just didn't Bant the trucks in their neighborhood. The Mayor thought ~he residents had been incited with false information. ~r. Cutro briefly repeated the different opinions of the Sngineering, Police and Planning Depts. Police Chief ~illery explained why having big trucks making U-Turns on ~ongress was inconceivable, in his opinion. He would like ~o place the signs as recommended by Mr. Cutro. It was iointed out that there are Ordinances to disallow trucks oading or unloading in the night. Chief Hillery did not elieve closing the roadways was the way to go. He believed ruck traffic should be partially restricted on the roads in uestion. Tice MaYor Wische called for a vote on the motion. A roll Call vote was taken by the Deputy Clerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Vice Mayor Wische Mayor Moore Aye Nay Nay Aye Aye {otion carried 3-2. (This approval was for both the Preliminary Plat and the Site Plan Modification.) The gavel ~as returned to the Mayor. PUBLIC HEARING Project Name: Agent: Owner: First Impressions Day Care Center (Continued by PZB to a Special PZB meeting scheduled for 12/20/90.) Harold Blanchette Julie & Susan Monahan 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Location: Description: Seacrest Blvd. at S.E. 22nd Ave., northeast corner CONDITIONAL USE: Request for con- ditional use and site plan approval to convert an existing single-family resi- dence into a 2,300 sq. ft. day care center. Chris Cutro, Planning Director, explained the Planning & ~oning Board at its December 11, 1990 meeting had continued ~his item. The TRB recommended approval. It was noted that One person at the PZB meeting had spoken in opposition. The CAB recommended approval, with conditions. ~ommissioner Weiner pointed out the gentleman who spoke in ~pposition represented 12 homeowners. Those persons planned to attend the PZB meeting scheduled for December 20. The Mayor thought the gentleman was misled and the PZB had ho authority to continue anything. Their job was to make ~ecommendations to the City Commission. If they failed to make a recommendation, he assumed that would be considered a hegative response. The Mayor was prepared to hear this petition and move forward on the recommendations of staff. Commissioner Weiner asked Attorney Josias if the man who had ~poken in opposition had any rights. The man had asked to be heard at the December 20 PZB meeting. A second question Was raised by Maurice Rosenstock, Chairman of the PZB. He asked Attorney Josias whether the PZB had the right to con- ~inue. The Board needed to know so they could abide by the law in the future. The Mayor asked Attorney Josias if the Commission had the ~ight to hear this matter at this meeting. Attorney Josias ~esponded the Chair should first make a ruling on whether it ~ants to or not. That might be challenged by a member of ~he Commission. Mayor Moore expressed the ruling that the Commission had the right to proceed with the hearing, ~egardless of what happened at the PZB meeting. A Public t~earing was conducted at the PZB meeting. The Mayor remarked it is the function of the PZB to make recommen- dations to the Commission. If they fail to do so, he ~ssumed that would be a negative recommendation. The Mayor ~id not feel the PZB had the right to "bottle up" the peti- tion. The Mayor asked if any of the Commissioners wanted to lhallenge the ruling he had made. Commissioner Weiner hallenged the Mayor's ruling. Attorney Josias understood ~he Chair made a ruling that the Commission could consider ~his item without regard to the acts of the PZB. Based on 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 his interpretation of the City's Code, Attorney Josias agreed the Commission could take up the item without regard to what the PZB did or did not do. Commissioner Weiner asked whether the resident had any rights. Attorney Josias responded that was really what the question was that they were asking the Chairman. He explained the procedure in detail. Attorney Josias believed ~he individual would have the right to speak. If the Chair ~uled that the individual could not speak, the Chair would be incorrect. Mayor Moore responded he had not ruled that Way. This was an advertised Public Hearing and if the man ~as present, he would have every right to speak. ~ynthia Greenhouse, 618 N.E. 20th Lane, attempted to address ~he Commission several times. At that point.the Mayor ~ished to confine the discussion to the Commissioners and he ~ut her off several times when she persisted. ~engthy discussion took place. Mrs. Greenhouse interjected ~hat Assistant City Attorney Trehy had advised the PZB that %hey had to pick a time and date certain for the additional Public Hearing. The PZB did that. The Mayor thought that ~as an error. Other remarks were made. motion ~ommissioner DeLong moved that the Commission continue this ~atter until after the gentleman has had an opportunity to attend the PZB Public Hearing on December 20, 1990. iommissioner Artis seconded the motion, due to the fact that he PZB received that information from their attorney. Attorney Josias explained the sequence of events at the PZB ~eetlng. Mr. Cutro added that the man who protested was perating under the assumption that there will be a Public earing on December 20, with a follow-up Commission meeting n ~a~ly January. Mr. Blanchette was not happy with the eclslon of the PZB. ~ayor Moore reiterated the City Attorney had ruled that the PZB has no authority to continue or stop the normal pro- tessing of an application that has been filed and a fee paid o come before the Commission, with or without recommen- dations from the PZB. Attorney Josias indicated that was orrect. The Attorney added that without regard to the fact hat the gentleman was told he could attend a later PZB ~eeting and make his views known, if the City Commission ~his evening, as a matter of policy, decided it wanted to ~ake the item up and discuss it, they have the authority and Dower to do that. It was the Commission's decision as a 'hatter of policy. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 In response to a question raised, Mr. Cutro explained why the PZB chose to continue the application. The PZB had indicated they wanted the site plan corrected and revised so ~here would be no negative staff comments attached to it. ~he Mayor did not believe this was the proper function of ~he PZB. He stated that was the function of the City Commission. The Mayor repeated that the PZB does not have ~he authority to "bottle up" the process. They could have tet it come forward with staff comments or their own com- ments attached. The Mayor felt the PZB was attempting to ~ake power away from the Commission in this regard. Other remarks were made. ~ice Mayor Wische believed the PZB created policy by their ~ctions. When the PZB stated that "from here on in" they Would not vote on anything that did not take care of all Staff comments, the Vice Mayor felt they were way out of iine. He pointed out the PZB is an advisory board. They are not to table or postpone matters. Later in the meeting ~he Vice Mayor intended to make a motion to amend the Ordinance to state that they stick within their purview. kny postponed or tabled item would be considered a negative 9ore and the petition would go on to the Commission. The ~ayor agreed with the Vice Mayor's remarks. Amended Motion Commissioner DeLong amended her motion to the effect that ~he matter be continued until the first Commission meeting in January. Commissioner Artis seconded the amended motion. he Mayor asked if the Public Hearing would have to be read- ertised. Mr. Cutro replied negatively. The Public Hearing ~ould be continued. The Mayor asked if there was anyone present who was in opposition to this project. There was no ~esponse from the audience. Tice Mayor commented he was not against the continuation )ecause the people had been misled. The persons expect to ~ttend a PZB Public Hearing on December 20 and he didn't ~eel they should be denied that opportunity. The applicant ~ill just have to return before the Commission at the first ~eeting in January. ~he Mayor called for a vote of all those in favor of the ~otion. The motion carried 4-1. The Mayor voted against ~he motion. Former Mayor Ralph Marchese recalled that at the recent PZB ~eeting discussion took place about many Commission comments ~hich are not being followed through on during construction. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Mr. Marchese found it unbelievable that no one followed through to ensure that staff and Commission comments were implemented. Mr. Marchese believed that all Commission approved comments should become part of the specifications and should be recorded on the blueprints. At the PZB meeting, one member had said if this is the case, then he would not approve anything that comes before the PZB. Mr. Marchese felt they would really be protecting the Commissioners. Later in the meeting, Vice Mayor Wische intended to suggest ~n amendment that any plans subject to staff comments, must e complied with fully before an Occupational Permit or is issued. ~ertificate of Occupancy Project Name: Agent: Owner: Location: Description: Ray Flow Properties Ray F. Flow Ray F. & Sharon F. Flow Old Boynton Rd. at Knuth Rd., southwest~corner LAND USE ELEMENT AMENDMENT/REZONING - Request to show annexed land as "High Density Residential" and to rezone from RM/SE (Multiple Family Residential with a Special Exception) and AR (Agricultural Residential) to R-3 (Multiple-family Residential) to allow future construction of multi- family units on the 1.25 acre unde- veloped parcel and continuation of an existing day care center on the 1.41 acre parcel? C~ris Cutro, Planning Director, explained the request as ~utlined on Planning Dept..memorandum 990-353. The PZB and sltaff recommended approval. If approved, it will be for- ~arded to the State for review. It will be received back by t~e City in approximately 60 to 90 days. ayor Moore asked if there was anyone present who wished to ave innut on this item. As there was no response from the a!ud~ence, THE PUBLIC HEARING WAS CLOSED. s~ice Mayor Wische moved to approve this item, subject to afl comments. Commissioner DeLong seconded the motion ich carried 5-0. ~EVELOPMENT PLJ~q's N-CONSENT - UNANIMOUSLY AGENDA NOT APPROVED BY PLANNING & ZONING BOARD ~ 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 1. Application for time extension - Boynton Lakes PUD, Plat %5 Staff recommended approval of this one year time extension for completing the site improvements. Commissioner Weiner moved to approve the extension. Vice Mayor Wische seconded the motion which carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING I. Proposed Ordinance No. 090-58 Re: DCA Stipulated Settlement Agreement City Attorney Josias read proposed Ordiance No. 090-58 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN AS ADOPTED BY THE CITY OF BOYNTON BEACH IN 1989; SPECIFICALLY PROVIDING FOR REMEDIAL ACTIONS TO BE TAKEN BY THE CITY OF BOYNTON BEACH PURSUANT TO THE TERMS AND PROVISIONS OF THE STIPULATED SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF COMMUNITY AFFAIRS ON OR ABOUT MAY 15, 1990, A COPY OF WHICH IS ATTACHED HERETO AND IDENTIFIED AS EXHIBIT "A"; PROVIDING FOR AN ADDITION TO THE POLICY STATEMENT TO ENSURE THE AVAILABILITY OF PUBLIC FACILITIES TO SERVE DEVELOPMENT PROJECTS WHICH WERE APPROVED PRIOR TO THE ADOPTION OF COMPREHENSIVE LAND USE PLAN; PROVIDING FOR A DATE FOR WHICH A DRAINAGE MASTER PLAN WILL BE COMPLETED BY THE CITY OF BOYNTON BEACH AND TO DEFINE THE SCOPE OF THE DRAINAGE MASTER PLAN; PROVIDING FOR THE ESTABLISHMENT OF LEVELS OF SERVICE STANDARDS FOR PEAK HOUR CONDITIONS ON SPECIFIC ROADS OR ROAD SEGMENTS LOCATED IN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR A REVISION TO THE CAPITAL IMPROVEMENT SCHEDULE OF IMPROVEMENTS TO ENSURE CONSISTENCY OF THE PROJECTIONS OF CAPITAL EXPENDITURES FOR DRAINAGE FACILITY IMPROVEMENTS; PROVIDING FOR A REVISION TO THE ANALYSIS AS CONTAINED IN THE CAPITAL IMPROVEMENTS ELEMENT TO INCLUDE PROJECTIONS OF ALL EXPENDITURES, REVENUES, FOR ALL REVENUE SOURCES AND TAX BASIS, OPERATING COSTS CONSIDERATIONS, AND DEBT CAPACITY; PROVIDING FOR A REVISION TO THE COMPREHENSIVE PLAN TO INCLUDE A POLICY OR POLICIES WHICH WILL ADDRESS THE RESTORATION OR ENHANCEMENT OF DISTURBED OR DEGRADED ESTUARIES; PROVIDING FOR A REVISION TO THE COMPREHENSIVE LAND USE PLAN TO INCLUDE OBJECTIVES AND POLICIES THAT 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 ARE COMPATIBLE WITH AND FURTHER THE GOALS AND POLICIES OF THE STATE COMPREHENSIVE PLAN; PROVIDING FOR A REVISION TO THE COMPREHENSIVE PLAN TO INCLUDE OBJECTIVES AND POLICIES THAT ARE COMPATIBLE WITH AND FURTHER THE GOALS AND POLICIES OF THE TREASURE COAST COMPREHENSIVE REGIONAL POLICY PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALING PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the audience. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 090-58 on second and final reading. Vice Mayor Wische Seconded the motion. A roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. ~. Proposed Ordinance No. 090-59 Re: Amend ordinance/registration of alarm systems ~ity Attorney Josias read proposed Ordinance No. 090-59 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 90-43 OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 2.5-5, TERM OF PERMIT FEE OF CHAPTER 2.5 ALARM SYSTEMS; PROVIDING THAT EACH AND EVERY OTHER SECTION OF ORDINANCE 90-43 NOT SPECIFICALLY HEREIN ~MENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY'ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILIT¥ CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." ~yor Moore asked if there was any input from the public.. ms there was no response from the audience, THE PUBLIC [EARING WAS CLOSED. rice Mayor Wische moved to adopt proposed Ordinance No. )90-59 on second and final reading. Commissioner Weiner ~econded the motion and a roll call vote was taken by Peggy kite Boulle, Deputy Clerk as follows: 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. 3. Proposed Ordinance No. 090-60 i Re: Land Use Element Amendment - Mall Corner Restaurant ~ity Attorney Josias read proposed Ordinance No. Caption only: 090-60 by "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVI- SIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ~ayor Moore asked if there was any input from the public. there was no response from the audience, THE PUBLIC tEARING WAS CLOSED. ~ommissioner Weiner moved to adopt proposed Ordinance No. )90-60 on second and final reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Peggy ~ite Boulle, Deputy Clerk as fOllows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye ~otion carried 5-0. ~UBLIC AUDIENCE layor Moore noticed they had inadvertently passed over the ~ublic Audience section of the Agenda. They returned to ~hat segment of the Agenda. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Mrs. Connie Pinis, 1820 New Palm Way, stated she was President of the Board of Directors of the Condominium Assoc. at Seacrest Villas. Their development is located jlust south of Boat Club Park. Mrs. Pinis explained the efforts taken to control the noise created by jet skiers at Boat Club Park. Signs have been placed in the park itself. Park attendents are to patrol the cove area of the park periodically to remind skiers of the rules. Mrs. Pinis did not believe the jet skiers were heeding the regulations. ~lso, she did not ~eel there was sufficient patrolling by ~he attendants and/or Police. The noise disturbs peace and ~ranquility for the residents. Her association asked that all jet skis be prohibited from Boat Club Park. ~ity Manager Miller elaborated on efforts taken. Mr. Miller Nad observed that most of the time, the jet skiers idle out ~rom the cove into the Intracoastal. Even at idling speed, ~onsiderable noise emanates from these machines. Boat Ramp Bark is one of the only parks in the area which allows jet ~kis. Although jet skis produce more noise than the average boat, they are approved and licensed water craft in the State of Florida. Mr. Miller felt staff had done everything possible with the exception of posting an individual at the Park on a fulltime basis. The City did not have the money ~o do something like that. ~r. Miller had been in touch with the Florida Marine Patrol and they are willing to get involved with decibel meter ~oundings. The City has offered a Code Enforcement Officer ho is certified in the use of this to go out into the ntracoastal with the Marine Patrol. The problem is the Marine Patrol has one boat to canvas 15 or 20 miles of the Intracoastal. Unfortunately, noise emanating ~rom jet ~kiers is not their top priority. Mrs. Pinis was aware of problems related to enforcement and ~he lack of funds. That was why they asked that jet skiers be prohibited. Mrs. Pinis played a recording of the noise hich had been made from her balcony. Remarks were made bout the Noise Ordinance. Mr. Miller said one problem is hat the City does not have any aquatic watercraft where we ould actually follow the violators and take decibel 'eadings. He noted some high performance boats are quite .oud as well. Mrs. Pinis remarked that Randy Miller, :nvironmental Specialist from the Dept of H & R took 'eadings which went as high as 84 decibels. Mrs. Pinis Jointed out County Ordinance 81-7 sets 60 as the limit. ~ommissioner Weiner asked Attorney Josias if any innovative ~egal procedures had come through the Florida or National ,eague of Cities in this regard. Attorney Josias was asked 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 to make an inquiry with the League of Cities to see how Other cities are handling this problem. Richard Gram, Chairman of the Community Redevelopment Advisory Board commented on the City's desire to revitalize the downtown commercial area. As a step in that direction, the CRAB proposed an "Artistic Bridge" concept for the new bridge which will be constructed at Boynton Beach Blvd. The CRAB believed such a bridge would serve as an exciting land- ~ark in community. Mr. Gram the examine our aske~ City to ~his proposal. The Mayor asked the City Manager to investi- gate what authority the Commission has with regard to ulti- late design with the DOT and then report back to the 'lommission and Mr. Gram. Is. Shirley Stevens, 2832 S.E. 5th Circle, Los Mangos spoke ~n behalf of the Boynton Citizens Coalition. Ms. Stevens ~ointed out the Coalition had not yet had an opportunity to ,ore on the changes in the Comprehensive Land Use Plan. '[owever some of the members expressed certain opinions. ney believed that once a Land Use Plan is adopted, it ~hould not be changed unless there is compelling reason such ~s a change in the area which would indicate the need for a ,and Use Change or the inability of the owner to develop his ~roperty under the designated use. They saw no changes in he areas under discussion at this meeting to warrant a ~ange in the Land Use Designation. They believed the land ~ould be successfully developed as currently zoned. It was .uggested that changing the Land Use Designation or ncreasing the density at the expense of surrounding resi- [ential areas or businesses, in order to allow a developer o increase his profit~was not a valid reason to change the [esignation. ~s. Wilda Searcy, 402 N.E. 13th Ave., thanked the City [anager for what Code Enforcement was accomplishing in her ~ommunity. Ms. Searcy also indicated that some senior citi- zens in the vicinity of N.W. 9th and 10th Ave. would appre- ciate a place to play cards at Sara Sims Park. Some ~itizens in the vicinity of the railroad and 10th Ave. were sking for the same thing. Ms. Searcy asked the City to llow young people to gather for music and entertainment on 'riday, Saturday and Sunday nights at Sara Sims Park. She uggested the activity end at 10:00 P.M. Ms. Searcy asked hat an amphitheatre be constructed behind the Winn Dixie ,n Federal Highway. The City Manager was asked to continue .orking with Ms. Searcy. layor Moore declared a brief recess at 7:40 P.M. The eeting resumed at 7:50 P.M. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 ADMINISTRATIVE H. Brisben Companies, Inc. - Casa Blanca Development Request to modify recreational amenities (Banyan area) Discussion took place relative to City Attorney Cherof's memorandum dated December 10, 1990 to the City Manager. Mr. Cherof had determined the developer to be exempt from the platting requirements of the Code. The developer was not required to comply with the subdivision provisions of the Code with respect to recreational amenities. However, the BanYan area at the rear of the site was shown on the approved plans with picnic tables, grills and a playground area. The developer believed such an unprotected area could become a nuisance as it might become a neighborhood '!collector." Mr. James McManus of Brisben Companies, Inc. addressed the ~ommission and indicated that since the beginning they had Wanted to leave the Banyan area as an unimproved green park area, without amenities. Former Planning Director Carmen Annunziato had believed they were covered by the subdivision ~rdinance. Former City Attorney Raymond Rea and the develo- pers' engineers, Post, Buckley, Schuh & Jernigan did not believe they were covered by the subdivision ordinance. Mr. McManus stated that Mr. Rea had indicated there was nothing he could do unless Brisben Companies had filed suit against the City and gone to Court. Mr. Annunziato, according to r. McManus, had made it clear that unless the developer ent along with this and the park fees, they would not get ~hrough TRB. At this point, the developer was asking for ~elief to leave the property in its natural state rather ~han put in the picnic area. Vice Mayor Wische moved to grant the relief Mr. McManus was ~eeking. Commissioner DeLong seconded the motion which ~arried 4-1. Commissioner Weiner voted against the motion. ~ommissioner Weiner asked about deficient lighting around Building 15, which the Building Dept. had just signed off hn. She asked what would happen with that lighting. Mr. cManus responded they would modify the existing lighting in at area to the .5 photo metrics the City needed. Remarks Were made about how this error was discovered. ~ommissioner Weiner asked about the precipitous drop in ele- Vation at the corner of Old Boynton Rd. and Boynton Beach ~lvd. She pointed out the first floor of those apartment Units is completely below street level. She asked if there ~as going to be a guard rail there. Mr. McManus responded, I wasn't aware there was a precipitous drop and we have no 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 place to put a guard rail in." The Mayor asked about drainage at that corner. Mr. McManus indicated it had all been approved engineering wise. South Florida Water Management District, the Lake Worth Drainage District and the Army Corp. of Engineers had all looked at this. Commissioner Weiner was concerned about safety in the sidewalk area. City Manager Miller explained that since this development Was exempt from the platting requirements of City Code, the City could not impose additional requirements. Also, street ~ighting on Boynton Beach Blvd. in that vicinity is very !ow. The City had appealed to Mr. McManus to put street lights in, however, Mr. McManus declined because of cost. If the developer was not legally bound to provide the lighting, Commissioner Weiner wanted to know who would take care of this. 9ince Finizio, Administrative Coordinator of Engineering ~ad received a notification from FPL that the lighting does hot meet DOT standards. He concluded that when he contacts ~he State on this they will indicate the developer should be responsible for providing improvements. It will be "thrown ~ack" at the City and the Commission will have to determine whether it wants to fund the $25,000 involved. ommissioner Weiner asked if the City had $25,000 in the udget to pay for street lighting in that area. The City ~anager responded, "I can't recommend it." Vice Mayor Wische proposed that this topic be put on the next meeting Agenda. Mr. Miller pointed out FPL and Florida DOT would not fund ~he lighting. If they want lighting along Boynton Beach Blvd., the City will have to foot the bill. Mr. Miller believed the DOT would look at the City and think the City ~hould have made the developer do it. Perhaps the Code was ~eficient in that area. The Commissioners agreed to put the topic of lighting for Boynton Beach Blvd. at Old Boynton Rd. on the next Agenda. LEGAL The Commission resumed this segment of Proposed Ordinance No. 090-61 Re: Annexation - Knuth Road PCD Iity Attorney Josias aption only: the meeting. read proposed Ordinance No. 090-61 by 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD.~ AND KNUTH ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYI~TON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." ~ayor Moore asked if there was any input from the public. ~r. Malcolm Sullivan, President of the Quail Ridge Property Dwners Assoc. stated his association felt a shopping mall ~ould be an unattractive and incompatible neighbor. He referred to noise, traffic and ligh%ing related intrusions. ~r. Sullivan referred to the City's Future Land Use Plan, Dbjective 13, page 105 which refers to discouraging urban ~prawl. It recommends future commercial developments be ~irected to the City's center. Objectives 15, 16 and 17 ~ere commented on as well as several other sections of the Plan. Mr. Sullivan believed this commercial development ~ould contribute to the exceeding of prescribed traffic ~tandards. He also believed it would adversely impact ~earby residential properties. Mr. Sullivan had been ~dvised by the County that should this parcel be rezoned as ~roposed, the City would be creating an area of "inter- jurisdictional incompatability." As such, it would have to ~e referred to the Palm Beach County-wide Planning Council ~or mediation and resolution. ~. Phil Leslie, President of COBWRA stated he supported Mr. ~ullivan'S remarks. Mr. Leslie believed these projects violate the City's Comprehensive Plan, do not meet the stan- dards of the County's Plan and do not fit in with COBW-RA's ~rowth Control Plan. Mr. Leslie referred to traffic impact ~elated problems experienced by Sears who would like to Duild at the Boynton Mall. He pointed out these projects ~ould further delay construction of the Sears store as they 18 MINUTES - REGULAR CITY COMMISSION MEETING BOyNTON BEACH, FLORIDA DECEMBER 18, 1990 will have an impact on traffic in that area as well. Mr. Leslie believed the delay could cause the City to lose the Sears project. Mr. Leslie stated Boynton Beach Blvd. is ~ery close to capacity at the present time. He did not feel more commercial development was needed in that area. peggy Field, 1826 Edgewater Drive stated she moved to Boynton Beach from Ft. Lauderdale to escape the filth, car ifumes and noise. Ms. Field was concerned about the environ- ment and endangered animals such as scrub jays and gopher ~ortoises. The State and Federal Governments have funds set ~side to purchase environmentally sensitive lands. She hoped the City could arrange for a nature trail as the City has no recreational parks in west Boynton. She hoped the iCommission would vote negatively on the Tara Oaks project. !Relative to the proposed Knuth Rd. extension, she pointed Dut it would begin only a short distance from her front idoor. She hoped Knuth Rd. would be abandoned to the homeowners of Stonehaven. With an approval of the preser- ivation of the environmentally sensitive land, there would be ino need for Knuth Rd. to pass through her neighborhood. She lasked the Commission to vote negatively on the Knuth Rd. idevelopment. IMayor Moore indicated Mr. Cutro had mentioned that staff was iin opposition to this, subject to getting some favorable ~verification on the traffic situation. Mr. Cutro responded staff h~d an update on the traffic analysis. There were a few links in roads that were not included in the original itraffic survey, including the extension of Woolbright and the interchange at 22nd and 1-95. Those two additions will effectively reduce the traffic on Boynton Beach Blvd. to the point that these projects can come on line. Mr. Cutro admitted he was not a traffic engineer, but he was evalu- ating the material he had received. The numbers provided staff seemed to be reasonable as far as the reductions that are being talked about. The Planning Dept. had changed its recommendation as it felt all of the objections the DCA had submitted against these changes, had in fact been met. Mr. Andrew Luchkowec, 1715 Banyan Creek Court stated he serves as President of the Banyan Creek Homeowners Assoc. He spoke on behalf of at least 110 families. He did not speak for that entire community. His association wished to reaffirm its support for the Knuth Rd. PCD, Boynton Beach Blvd. PCD and Tara Oaks PUD. This was predicated solely on an agreement between the owner/developer of these three par- cels and the residents in Banyan Creek, providing for speci- fic improvements in Banyan Creek such as privacy walls, landscaping, irrigation systems and guard gates at both entrances to the neighborhood. Non-resident traffic has 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 created a nightmare for the residents in Banyan Creek. Mr. Luchkowec elaborated on problems experienced when vehicles Use his neighborhood as a short cut connecting Congress Ave. With Boynton Beach Blvd. Banyan Creek viewed this as an opportunity to obtain very costly and much needed improve- ments in their neighborhood. It was the Banyan Creek Homeowners Association's understanding that if the Commission votes in favor of these items, this agreement will become part of the deed restrictions for these parcels ~nd will run with the land. He further commented on the ~egal aspects. ~r. Mike McCoy, 1822 Edgewater Drive stated that when he ~oved into his home there were open fields and they had been promised Knuth Rd. would not go through. The area was zoned ~or single family residential. He believed these changes Would create a severe impact. Mr. McCoy did not believe ~nuth Rd. needed to be connected. Relative to the Tara Oaks ~roject, and about three acres which the developer was ~etting aside for gopher tortoises, Mr. McCoy pointed out ~hat a dry retention area would destroy the tortoises' habi- tat. Water collecting in such a retention area would drown Some tortoises. ~r. Tom Marshall, 17 Tara Lakes Drive, E., wished to speak ~gainst the Tara Oaks project. A Petition in opposition to ~he project was produced. It was signed by 80 out of the 143 families in the development. Mr. Marshall serves as the President of the Lakes of Tara Homeowners Assoc. Mr. ~arshall was concerned with the traffic issues, noise, potential danger to children, protected species of animals ~hat would be threatened, and the additional multi-family housing which would be constructed and which would possibly Sower property values in the area. He was also concerned With the glut in rental properties that are either already ~nder construction or that are built and sitting vacant. Sr. Marshall thought the Commission should listen to the ')eople. He referred to the personal agendas of the City ~ommissioners. He didn't believe Mayor Moore or Vice Mayor ~ische would be re-elected in March. Heated remarks were ~xchanged and Mr. Marshall was asked to leave the Chambers. ~ormac Conahan, representing Boynton JCP, the owners and )perators of the Boynton Mall addressed the Commission. ~eir concerns were related to the two PCDs and the PUD ~hange. They objected to the actions tonight. Their objec- tion was narrow and dealt with the traffic issues. When 5his was first submitted, there was a traffic study that Mr. ~onahan felt reflected they do not comply with the current ~ity and County land use regulations, if approved by the Dommission. To deal with that problem, an update to the 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 traffic study was submitted. That study would work only if the four projects they referred to are completed. With respect to one of those projects, there may be significant litigation to delay those projects. If those four road pro- jects go in, this commercial development and the proposed Sears store would be able to go forward. Mr. Conahan Suggested that if the Commission could not condition these approvals for the road networks that are essential to this new traffic study, they should delay action on approval ~ntil they are in a stage that satisfies the assumptions set forth in the study. Mr. Conahan remarked that after this is adopted, if the DCA does not find these Ordinances in ~ompliance, they can in effect penalize the City. He ~uggested they condition adoption on the finding that DCA ~oes in fact find their actions in compliance. ~ommissioner Weiner asked Attorney Josias whether the DCA ~ould "punish" the City if the City approved these projects and the DCA found the road levels of service unsatisfactory. ~ttorney Josias knew of no punitive authority in the DCA. The DCA can file administrative proceedings challenging ~ctions or they can begin administrative proceedings to ~ecertify. Mr. Cutro agreed with these remarks. He added there would have to be a series of hearings to decertify the Plan. The applicant could in fact "pull their requests." Unis would all involve due process. Mayor Moore added the DCA had no inherent arbitrary authority to "punish" the City Decause we don't agree with the position they took. Mr. ~utro commented that part of what was being offered at this neeting, in terms of the backup supplied by the developer, allays the questions DCA has asked. Those questions have Deen answered. Kieran Kilday of Kilday and Associates reiterated that the ~greement made with the adjacent homeowners stands. Knuth Rd. has been on the plan for many years. That is not a requirement created by these projects. It is always a ~equirement that projects in the neighborhood must build Woads adjacent to them. They had agreed to provide the ~eighbors the additional buffering with walls and andscaping. Knuth Rd. was actually platted and dedicated o the City by the original developer of Banyan Creek. They ad agreed to take care of the walls not only in the new ~ortion but also retrofit the existing section to provide buffering. Mr. Kilday made remarks about the two issues ~aised by DCA. One was environmental related. Aerial pho- tographs were provided dating from 1968 forward and he noted ~he land where Quail Ridge is today was an environmental ~abitat. Mr. Kilday stated they would be working with the 3ame & Fresh Water Commission so they will not be drowning 3opher tortoises. They will provide environmental protec- tions that are currently not in place. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 As far as the traffic situation, Mr. Kilday stated all of those road links did come on line, one of them being the Interchange. They did not have a problem with any of those roads coming on line and they were moving ahead in a timely fashion. The Pine Trail development had initiated litiga- tion against the County in connection with Woolbright Rd. The Judge had upheld that the County has the right to build that. It was dedicated again by the developer and construc- tion continues. Mr. Kilday added that Knuth Rd. is on the Ciity's thoroughfare plan. It is a local collector. The CDunty only has its County arterials on the County plan. The extension of Woolbright Rd. will be connected back to Oild Boynton Rd. Iin response to a question raised, Mr. Kilday stated Lawrence ~d. was constructed by Drexel Properties ten years ago and lit dead ends at the Canal. Woolbright Rd. is on the other siide of the Canal. In order to reduce the impact of Knuth ~d., the question had been asked, "Why not connect Lawrence Road?" Mr. Kilday had verified that the connection is on t~e thoroughfare plan. They have impact fees which are paid o the County and Mr. Kilday hoped they would be used in oynton, hut there was no guarantee. If you are donstructing a road that is on the County plan, such as the donnection of Lawrence Rd. to Woolbright Rd., you get impact fee credits. Mr. Kilday remarked that provided they receive those credits (and they had been told they would), they had ho objection to an additional condition to construct the inal link on Lawrence Rd. to Woolbright Rd., which is nder construction. Mr. Kilday stated he would provide this information in writing. Ms there was no further input HEARING WAS CLOSED. Motion from the audience, THE PUBLIC Vice Mayor Wische moved to adopt proposed Ordinance No. Q90-61 on second and final reading. Commissioner DeLong Seconded the motion. A roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Motion carried 4-1. 5. Proposed Ordinance No. 090-62 Re: Annexation - Boynton Beach Boulevard PCD 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 City Attorney Josias read proposed Ordinance No. 090-62 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BOULEVARD PCD (SOUTH SIDE OF BOYNTON BEACH BLVD., APPROX. 950 FEET WEST OP CONGRESS AVENUE) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND AND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." ~ayor Moore asked if there was any input from the public. there was no response from the audience, THE PUBLIC 5EARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. ~90-62 on second and final reading. Commissioner Artis seconded the motion and a roll call vote was taken by Peggy · nite Boulle, Deputy Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Motion carried 4-1. ~. Proposed Ordinance No. Re: Annexation - Mall 090-64 Corner Restaurant 2ity Attorney Josias read proposed Ordinance No. 090-64 by 2aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER 23 M~NUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE: PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY: PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." iayor Moore asked if there was any input from the public. s there was no response from the audience, THE PUBLIC EARING WAS ~LOSED. ice Mayor Wlsche moved to adopt proposed Ordinance No. 1090-64 on second and final reading. Commissioner DeLong iseconded the motion. A roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: ~ Commissioner Artis - Aye i Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye ~otion carried 5-0. ~here was momentary confusion as Attorney Josias had read ~he Ordinances out of order. i6. Proposed Ordinance No. 090-63 ~ Re: Annexation - Winchester Boulevard Restaurant ~ity Attorney Josias read proposed Ordinance No. 090-63 by icaption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.) ANNEXING A CERTAIN 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC ~EARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 990-63 on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Peggy ~l~ite Boulle, Deputy Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye ~otion carried 5-0. Proposed Ordinance No. 090-65 Re: Rezoning - Mall Corner Restaurant ~ity Attorney Josias read proposed Ordinance No. 090-65 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-65 on second and final reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 5-0. e Proposed Ordinahce No. 090-66 Re: Land Use Element Amendment - Winchester Boulevard Restaurant City Attorney Josias read proposed Ordinance No. 090-66 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was n° response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-66 on second and final reading. Commissioner Artis ~econded the motion and~a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Motion carried 5-0. 10. Proposed Ordinance No. 090-67 Re: Rezoning - Winchester Boulevard Restaurant City Attorney Josias read proposed Ordinance No. 090-67 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." iayor Moore asked if there was any input from the public. s there was no response from the audience, THE PUBLIC EARING WAS CLOSED. lice Mayor Wische moved to adopt proposed Ordinance No. 90-67 on second and final reading. Commissioner DeLong conded the motion and a roll call vote was taken by Peggy ite Boulle, Deputy Clerk~as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Iotion carried 5-0. 1. Proposed Ordinance No. 090-68 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.j - Knuth Road PCD City Attorney Josias read proposed Ordinance No. 090-68 by =aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE IN CONNECTION WITH THE KNUTH ROAD PCD PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW ONE LAND USE DESIGNATION ON THE ENTIRE PARCEL; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC gEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. Q90-68 on second and final reading. Commissioner Artis seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 4-1. 2. Proposed Ordinance No. 090-69 Re: Land Use Element Amendment - Knuth Road PCD !ity Attorney Josias read proposed Ordinance No. 090-69 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF KNUTH ROAD AND BOYNTON BEACH BLVD.) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/3 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ~yor Moore asked if there was any input from the public. ~ris Cutro, Planning Director, stated that on this item and On item ~15 (Boynton Beach Blvd. PCD), as Mr. Conahan had ~ightfully pointed out, there needs to be a condition added ~egarding roadways that need to be put in place to make this project work. Mr. Cutro offered the condition that no site plan approval be issued prior to DCA or Boynton Beach omprehensive Plan concurrency requirements for roads being pproved or in place for the development. Mr. Kilday indi- ated he did ~ot have a problem with those conditions. Mayor Moore remarked that those conditions would be appended o any action of the Commission. Ir. Mike McCoy, 1822 Edgewater Drive, wanted assurance that ~nuth Rd. would remain two lanes. Mr. Kilday responded it 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 was a collector street and was only about 60 ft. wide, so it would be two lane. Mr. Cutro added the Plan presently indi- Cates it as a two-lane local collector. Commissioner DeLong asked about the possibility of a berm to go along with the wall. Mr. Kilday responded they could probably berm against the wall. In order to do that they would need the cooperation of the homeowners as they would be utilizing part of their right-of-way. Mr. Kilday thought the homeowners would probably agree to that as it would be beneficial. That was something they could continue and ~inalize when the landscape plans are looked at. As there was no further public input, THE PUBLIC HEARING WAS CLOSED. ice Mayor Wische moved to adopt proposed Ordinance No. 90-69, with the additions, on second and final reading. ommissioner Artis seconded the motion. A roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Nay Aye Aye Aye Motion carried 4-1. 13. Proposed Ordinance No. 090-70 Re: Rezoning - Knuth Road PCD City Attorney Josias read proposed Ordinance No. 090-70 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." !Mayor Moore asked if there was any input from the public. IAs there was no response from the audience, THE PUBLIC ~HEARING WAS CLOSED. Vice Mayor Wlsche moved to adopt proposed Ordinance No. i090-70 on second and final reading. Commissioner DeLong 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 4-1. ~4. Proposed Ordinance No. 090-71 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.k - Boynton Beach Boulevard PCD ~ity Attorney Josias read proposed Ordinance No. 090-71 by Caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE BOYNTON BEACH BLVD. PCD PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW A COMMERCIAL LAND USE DESIGNATION; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE." ayor Moore asked if there was any input from the public. s there was no response from the audience, THE PUBLIC hEARING WAS CLOSED. eiCe Mayor Wische moved to approve proposed Ordinance No. 90-71 on second and final reading. Commissioner Artis conded the motion and a roll call vote was taken by Peggy ite Boulle, Deputy Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Motion carried 4-1. 15. Proposed Ordinance No. 090-72 Re: Land Use Element Amendment - Boynton Beach Boulevard PCD pity Attorney Josias read proposed Ordinance No. ~aption only: 30 090-72 by MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BLVD. PCD (SOUTH SIDE OF BOYNTON BEACH BLVD. APPROX. 950 FEET WEST OF CONGRESS AVENUE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Please note the provisos on this pro- posed Ordinance referred to previously in these Minutes when Ordinance No. 090-69 was adopted. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-72, with all the proposed amendments as stated pre- viously. Commissioner Artis seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Motion carried 4-1. 16. Proposed Ordinance No. 090-73 Re: Rezoning - Boynton Beach Boulevard PCD ~ity Attorney Josias read proposed Ordinance No. 090-73 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BLVD. PCD (SOUTH SIDE OF BOYNTON BEACH BLVD. APPROX. 950 FEET WEST OF CONGRESS AVENUE), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILIY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Vice Mayor Wische moved to adopt proposed Ordinance No. 090-73 on second and final reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 4-1. 17. Proposed Ordinance No. 090-74 Re: Land Use Element Amendment - Tara Oaks PUD City Attorney Josias read proposed Ordinance No. 090-74 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D. (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MeDR); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. ~s there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-74 on second and final reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Peggy ~Unite Boulle, Deputy Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 4-1. ~8. Proposed Ordinance No. 090-75 Re: Rezoning - Tara Oaks PUD 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 City Attorney Josias read proposed Ordinance No. 090-75 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D., (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 5.0; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Uice Mayor Wische moved to adopt proposed Ordinance No. ~90-75 on second and ~inal reading. Commissioner Artis ~econded the motion and a roll White Boulle, Deputy Clerk as follows: Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye call vote was taken by Peggy ~otion carried 4-1. ~9. Proposed Ordinance No. 090-76 Re: Land Use Element Amendment - Woolbright Place PUD ~ity Attorney Josias read proposed Ordinance No. 090-76 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING WOOLBRIGHT PLACE, P.U.D., AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM RECREATION TO 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 RESIDENTIAL (MODERATE DENSITY); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Uice Mayor Wische moved to adopt proposed Ordinance No. 090-76 on second and final reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Motion carried 4-1. ~0. Proposed Ordinance No. 090-77 Re: Comprehensive Plan Text Amendment Future Land Use Element Support Document Area 7.f ~ity Attorney Josias read proposed Ordinance No. ~apt ion only: 090-77 by "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE MALL CORNER INC., AND WINCHESTER BOULEVARD RESTAURANT PROPOSALS; SAID TEXT AMENDMENT WILL ALLOW PARCELS OF A CERTAIN SIZE TO BE REZONED TO C-3 IF THE INTENT OF PLANNED ZONING DISTRICT SETBACK AND GREENBELT STANDARDS ARE MET; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." ~ayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. ~ice Mayor Wische moved to adopt proposed Ordinance No. D90-77 on second and final reading. Commissioner Artis Beconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. 21. Proposed Ordinance No. 090-78 Re: Comprehensive Plan Amendment - Future Land Use Element, Policy 1.16.1 ~ity Attorney Josias read proposed Ordinance No. 090-78 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ALLOWING ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE INDUSTRIAL LAND USE CATEGORY; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." ayor Moore asked if there was any input from the public. s there was no response from the audience, THE PUBLIC EARING WAS CLOSED. ylce Mayor Wlsche moved to approve proposed ~rd~nance No. Q90-78 on second and final reading. Commissioner DeLong ~econded the motion and a roll call vote was taken by Peggy ~hite Boulle, Deputy Clerk as follows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Nay Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 4-1. iayor Moore expressed appreciation to Planning Director utro ~or guiding the Commission through a difficult ituation. DMINISTRATIVE ~he Commission chose to jump ahead on the Agenda to this Item. ~. Lien Reduction Hearing Cruz & Eslett Ruiz - Case No. 90-20000683 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Staff recommended this lien be reduced to administrative costs of $826.18. Commissioner Weiner moved to grant the reduction to admi- nistrative costs. Vice Mayor Wische seconded the motion which carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 090-79 i Re: Community Relations Board City Attorney Josias read proposed Ordinance No. 090-79 by Caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING RESOLUTIONS NO. 63-FF, 77-SS, 78-II, 83-FF, 85-N, 90-KKKK AND R90-190 IN THEIR ENTIRETY IN ORDER TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOYNTON BEACH COMMUNITY RELATIONS BOARD; PROVIDING FOR THE BOARD'S COMPOSITION, TERMS, THE FILLING OF VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY COMMISSION, DIRECT REAPPOINTMENTS, AND THE POWERS, DUTIES, AUTHORITY, AND FUNCTIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY TO CODIFY; AND FOR AN EFFECTIVE DATE." ~ommissioner Weiner moved to adopt proposed Ordinance No. ~90-79. Vice Mayor Wische seconded the motion and a roll ~all vote was taken by Peggy White Boulle, Deputy Clerk as ~ollows: Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye ~otion carried 5-0. Proposed Ordinance No. 090-80 Re: Referendum - Clarifying Sections 17 and 51 of the City Charter pertaining to term of appointed officials following a vacancy ity Attorney Josias read proposed Ordinance No. 090-80 by aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND SECTION 51 OF THE CHARTER OF 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 THE CITY, TO PROVIDE THAT A CITIZEN SELECTED TO FILL A VACANCY ON THE CITY COMMISSION SHALL SERVE UNTIL THE NEXT MUNICIPAL ELECTION AND DEFINING MUNICIPAL ELECTION DATE; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." The Commissioners believed this Ordinance would solidify and Clarify the interpretation they desired. The referendum Would be at the first general election. Commissioner Weiner moved to adopt proposed Ordinance No. 090-80. Vice Mayor Wische seconded the motion and a roll Call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Aye Aye Aye Aye Aye ~otion carried 5-0. C. Resolutions l~he Commission didn't have any problem with the following ~ine Resolutions and agreed to address them with one motion. I"ne captions to the Resolutions are provided for infor- national purposes. Proposed Resolution No. R90-199 Re: Partial Reductions of Surety - Boynton Lakes, PUD - Various Plats "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING AND/OR REDUCING PERFORMANCE BONDS AND A LETTER OF CREDIT REGARDING BOYNTON LAKES P.U.D. (VARIOUS PLATS) AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-200 Re: Community Redevelopment Advisory Board Rules of Operation "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PASSING AND ADOPTING THE RULES OF OPERATION FOR THE COMMUNITY REDEVELOPMENT ADVISORY BOARD 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 FOR THE CENTRAL BUSINESS DISTRICT (CRAB-CBD); AND FOR AN EFFECTIVE DATE." Proposed Resolution No. R90-201 Re: Realtor Services Agreement - Seven (7) vacant parcels of land "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN REAL ESTATE ACQUISITION NEGOTIATION SERVICES AGREEMENT FOR REALTOR ASSISTANCE SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH REALTY COMPANY; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R90-202 Re: Authorize Community Improvement Director to make certification establishing fair market value - Seven (7) vacant parcels of land "A RESOLUTION AUTHORIZING JOHNNETTA BROOMFIELD AS DIRECTOR OF THE DEPARTMENT OF COMMUNITY IMPROVEMENT OF THE CITY OF BOYNTON BEACH, FLORIDA TO MAKE CERTIFICATIONS ESTABLISHING THE FAIR MARKET VALUE OF PROPERTY TO BE ACQUIRED BY THE CITY OF BOYNTON BEACH FOR THE INFILL CONSTRUCTION PROGRAM." Proposed Resolution No. R90-203 Re: Establish just compensation - Seven (7) vacant parcels of land "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING JUST COMPENSATION FOR EACH PARCEL TO BE ACQUIRED BY THE CITY RELATING TO THE INFILL CONSTRUCTION PROGRAM AND RATIFYING AND CONFIRMING IN ALL RESPECTS THE CERTIFICATION OF JOHNNETTA BROOMFIELD AS DIRECTOR OF THE ~OMMUNITY IMPROVEMENT DEPARTMENT." Proposed Resolution No. R90-204 Re: Surety Release - StowTa-Way Storage "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR STOW-A-WAY STORAGE." Proposed Resolution No. R90-205 Re: Surety Release - Waterside Village "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR WATERSIDE VILLAGE." 38 MINUTES - REGULAR CITY COMMISSION MEETING BOY!qTON BEACH, FLORIDA DECEMBER 18, 1990 Proposed Resolution No, R90-206 Re: Authorizing City Manager to approve workers' compensation claim payments "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR OR THE CITY MANAGER TO APPROVE PAYMENT OF MONIES FOR THE WORKERS' COMPENSATION CLAIM FUND." Proposed Resolution No. R90-207 Re: Approving contract with CH2M Hill for Aquifer Storage Recovery (ASR) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH A-ND CH2M HILL SOUTHEAST, INC., A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." ~ommissioner Weiner moved to adopt items 1 through 9, as umbered on the Agenda. Vice Mayor Wische seconded the otion which carried 5-0. ~ther · Seppala & Aho Settlement Update !ity Attorney Cherof had provided the Commission with a ~ritten update. Litigation Update on Ail Pending Cases ~ity Attorney Cherof had provided an update to the City [anager which was dated December 17, 1990. t. Carteret Savings Bank - Heritage Properties ~ity Manager Miller outlined the contents of City Attorney ~erof's memorandum to him on this topic. The memorandum is [ated December 14, 1990. The Commission agreed to leave ~his in the City Attorney's hands at this point. )LD BUSINESS Commission ratification directing staff to advertise proposed Sign Code for Public Hearing Pursuant to FS 166.041(3)(2)(a) h copy of the Sign Code had been provided the Commissioners ich included changes recommended by the Building 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Official, the City Attorney, the Planning Director and the Planning & Zoning Board. Commissioner Weiner asked if non- conforming signs had been phased out. Mr. Cutro replied ~egatively. In reviewing that portion of the Code, he was not in a position to say that the old Code does or doesn't work or that the present enforcement philosophy does or doesn't work. Mr. Cutro had dropped his suggestion for amortization at this point in time. Mr. Cutro agreed with ~he City Manager and felt this Code should be allowed to go brough. They could observe how it operates for nine months o a year. It would take about that long to know if correc- ions should be made. lommissioner non-conforming signs was Weiner believed that n area that should have been tackled. Remarks were made bout phasing these signs out over a period of time as pposed to strict enforcement of the Code. The method for andling this that the Building Official had described to tr. Cutro seemed acceptable and Mr. Cutro believed they ould give it a chance to work. If it doesn't work, then ey could come back later and try amortization. tommissioner Weiner suggested that that specific portion of he Sign Code be looked at in six ~onths time. The Mayor 9nderstood Commission action at this time would simply move ~he Sign Code forward at this time. Everyone would have 'lanother shot" at this later. Iice Mayor Wische moved to accept the recommendation of taff and move this forward to the public hearing process. ommissioner DeLong seconded the motion which carried 5-0. EW BUSINESS . Items for discussion requested by Mayor Gene Moore ~. Planning & Zoning Board nere was discussion about Planning & Zoning Board duties d powers earlier in the meeting during the Public Hearing or the First Impressions Day Care Center. ~yor Moore reiterated the PZB is a recommending board. The !ity Commission makes the final judgment on any zoning ~atter. The PZB is to act expeditiously on petitions and ~nd them forward to the Commission for final decisions. .ce Mayor Wische believed a PZB vote to table or postpone n item should be considered a negative vote and the appli- cation should proceed to the City Commission. Several !ommissioners believed an amendment might be necessary to 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA DECEMBER 18, 1990 clarify these areas. The Vice Mayor added that all occupa- tional permits and C.O.s should only be issued after all Staff comments have been addressed. City Manager Miller expressed concern in this area. He referred to the Casa Blanca project as an example. If the Commission were to require that all public improvements and conditions be met prior to the first C.O., then as of this date, no C.O.s would have been issued for that project. The ~ity does allow through staff, for sectionalization. This amendment could end up with staff not having the latitude on ~ajor developments, to allow the Engineering, Building, ~lanning and Utilities Depts. to work with the developer so ~ portion of the project can be occupied. Relative to projects being built without all Commission com- ments being complied with, Attorney Josias pointed out that n the amendment to the Ordinance they could include that ith each project, the City administration would develop an · mplementation plan which would require that either at occu- ~ationa~ permit, C.O. time, or such other appropriate time as the Implementation plan designates, the recommendations ~f City staff are to be complied with and the City admi- nistration would then sign off. Other remarks were made bout staff needing to follow up on conditions made. Former ayor Ralph Marchese asked that all Commission comments ecome part of the specifications. ayor Moore requested the City Attorney bring something back o the Commission addressing this area. The Mayor was upset ~hat at the recent PZB meeting the PZB directed applicants io comply with comments before the matters could move for- ard. The Mayor didn't think the PZB should "bottle up" the rocess like that. Hopefully, an amendment will clarify veryone's function. iaurice ~osenstock, Chairman of the PZB, believed the com- ents being made were constructive. He explained that to he best of his knowledge no individual on the PZB had ever ntentionally tried to delay a project. They had believed hey had the authority to table items so they could go back or some sort of major compliance. Mr. Rosenstock "bowed" o Attorney Josias' opinion in this regard but he hoped the ity Attorney would do further investigation to be sure this as absolutely correct. If this was correct, Mr. Rosenstock ~ssured the Commission the PZB would comply to the best of ~ts ability. Mr. Rosenstock referred to TRB meetings that he had attend- d. Mr. Rosenstock recommended minutes of the TRB meetings e taken so there would be a record. He explained specific reas of existing non-compliance or areas where the City had 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 difficulty obtaining compliance with staff comments on the Tri-Rail project, the Landings at Clipper Cove, and in con- nection with poor lighting at the Casa Blanca project. Mr. Rosenstock quoted from an FPL letter addressing lighting deficiencies along Boynton Beach Blvd., adjacent to Casa Blanca. Also, Appendix C, Article VII, Section 4, page 2093 was referred to by Mr. Rosenstock. He stated the City Engineer has the right to require improvements required in connection with platting, under the Ordinance. Mr. Rosenstock had been advised by the County, that under this Section, the City would have the right to pass on to the developer, the cost of doing that street lighting. Mayor Moore responded that what "kicks in" the platting ~ituation was breaking up a piece of property into four or more lots. This was not being done in this case and it was One ownership. The City's Attorney had made a ruling about trying to impose the platting requirements when it is not a platting situation. The Mayor did not believe the Ordinance Mr. Rosenstock had referred to was applicable. ~ynthia Greenhouse referred to Section 19-18 of the Code and pointed out the Code already required developers to comply, prior to issuance of C.O.s or permits. Mrs. Greenhouse believed the PZB and the Commission were both concerned with protecting the residents. She referred to TRB review and the need for a system of checking to ensure developer ~ompliance. If site plans were complete, reflecting staff ~omments, she believed it would make review easier. She ~ommented that the site plans of the Boynton Lakes Plaza and First Impressions Day Care Center projects were revised in a ~ery short period of time. She requested that developers be ~equired to depict on their site plans, major items such as ~ighting, prior to the plans moving forward to the political process. She hoped the City would close this particular ~oophole. ~he Mayor thought there was fallacy in saying the PZB would ~etermine what comments are acceptable. That responsibility ~hould lie with the Commission. The PZB could make recom- mendations. It was not the PZB's responsibility to "bounce" ~pplications back. The Mayor commented on the need for com- ments to be legally enforceable. Other comments were made bY Mrs. Greenhouse about the Code being the basis for staff ~omments. ~ynne Matson interjected her community was a prime example bf what can happen when Codes are not enforced. Her com- munity is now faced with costly corrective measures. She Icited several problem areas as examples. 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 The City Attorney was asked to come back with some sort of a draft, which would be circulated to all involved for input. 2. Occupational License Tax for Rental Properties Discussion took place regarding a Code provision under ,'Licenses" which addressed charging rental properties a 6% tax. At one point, some had hoped this would be a means of helping control drug operations. Remarks were made about previous discussion on this topic and whether this had been ~emoved from the Code or not. The City Manager stated this Was still in the Code and it covered hotels, apartments, Fooming houses, motels, and single-family residential ren- tals. The Mayor thought this had been abolished. Mr. Miller indicated he had researched this topic already and an ~rdinance had not been adopted to repeal this. The Mayor asked staff to look into whether this provision was working and whether it is cost effective. Staff should provide a recommendation to the Commission. Mr. Miller stated he ~ould do this. Commissioner Weiner recalled this had all come about in an effort to get a handle on Code Enforcement in dilapidated rental units. ~emarks were about about this tax not being feasible for all nits. The City Manager pointed out that if hotels and otels are taken out, they will not pay any occupational ~icense. If the Commission wanted to take single family ~esidential units out of the picture, that would be an easy 9mendment. The City Manager recommended that hotels, apart- ~ents, rooming houses and motels be left in. Single family ~esidential rentals, per room could be taken out. Vice Mayor Wische moved that the City Attorney prepare an Ordinance deleting the single family residential units from ~he tax imposed. This would not include condos and duplexes. Commissioner DeLong seconded the motion which tarried 5-0. B. Items for discussion requested by Commissioner Denys "Sam" DeLong City Engineer Iommissioner DeLong wondered if it would be feasible at this time to consider bringing on board a full-time City Engineer. It was noted that Gee & Jenson presently serve as consulting engineers and they are used on an "on call, as needed" basis. The Vice Mayor thought that due to the recession, there must be P.E.s looking for work. He would not support hiring a P.E. in addition to Gee & Jenson. ~ommissioner DeLong thought perhaps Mr. Finizio could use Rome help on a daily basis. 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Vince Finizio, Administrative Coordinator of Engineering ~ommented that this year he had saved the City approximately $150,000 in expenditures and he had incurred no liabilities on behalf of the City. Mr. Finizio realized that on some Occasions engineering issues can be controversial but he steps aside, when necesssary, to allow the Commission to do ~heir job and make final decisions. Mr. Finizio remarked on numerous letters of commendation he had received from deve- lopers, citizens and developers' attorneys. Mr. Finizio ~xplained how his department had significantly expedited the engineering permitting process. He stood "pro-development." ~he Engineering Dept.'s function had been streamlined to the ~oint that they were able to handle the demands of the City With a staff of three employees as opposed to seven. Discussion took place regarding engineering qualifications ~nd important engineering decisions. Mr. Finizio stated every major plan that comes through his department is also ~eviewed by the consulting engineer. The Mayor pointed out ihe Charter calls for a licensed engineer to be employed by he City. Mr. Finizio referred to the reorganization of the Engineering Dept. that had taken place, including utilizing ~ervlces of the consulting engineers. Other remarks were made. ~he Mayor asked whether the Commission wanted to go out for .~ Ps, whether they wanted to seek a City Engineer or whether ~hey wished to maintain the status quo. The City Manager Rsked that he be allowed to look into this further. The ~ommissioners agreed. ~. St. Paul AME Church - Request for Carnival The Church's request to hold its annual carnival on January 9 through 13, 1991, is explained in Wilfred Hawkins, ~ssistant to the City Manager's memorandum 990-130 to Mr. Miller. Staff recommended conditional approval of the car- nival based upon all requirements and inspections success- fully completed. Also, approval would be with the understanding that the carnival operation can be interrupted at any time for public safety reasons and/or documented complaints from the area neighbors for excessive noise. Commissioner DeLong moved to approve the request. Vice Mayor Wische seconded the motion which carried 5-0. ADMINISTRATIVE A. Street Resurfacing Program for 1990/91 The recommended street resurfacing program for 1990/91 is Ioutlined in the City Manager's Agenda memorandum ~90-375, 44 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 With attachments. Also, as explained in the memorandum, Oertain streets within Leisureville Section 10 are hence- forth to be designated as public streets. Mice Mayor Wische moved to approve the recommendation of Staff. The motion was seconded and carried 5-0. The Mayor declared a brief recess at 9:40 P.M. The meeting ~esumed at 9:50 P.M. The Mayor left the meeting and Vice Mayor Wische assumed the Chair. ~. Change Order No. 3, East Water Treatment Plant I Improvements - Elkins Constructors, Inc. This Change Order is explained in detail in John Guidry, Director of Utilities memorandum %90-695 to the City Manager. This Change Order includes masonry patching and ainting of filter No. 3, double-walled containment pipe, eceptacles, fire dampers, several 4" floor drains, modifi- Cations to the pipe support structures and crushed aggregate or drainage. ommissioner Weiner moved to approve Change Order No. 3. ommissioner Artis Seconded the motion which carried 4-0. Request support of CRA (City Commission) regarding the concept of an artistic bridge over the Intracoastal at Boynton Beach Boulevard 'his topic was addressed earlier in the meeting. Consider a Workshop Meeting between the Community Appearance Board and the City Commission rice Mayor Wische explained there had been some complaints rom the CAB about some of the actions the City Commission ad taken. The Vice Mayor believed a joint workshop would ~rove helpful at this time. The City Manager was asked to ~ick a date. ~. 1991 State Legislative Priorities :ity Manager Miller stated staff is making several .uggestions for inclusion on the list of legislative priori- ies. Under Funding/Taxation, it was suggested that they ook toward deleting the current exemption for Health Care ,istricts from the City's Tax Increment Financing. This 'ill require the Health Care District to pay the tax ssessment. It was also suggested that the City support ~unicipal libraries and/or municipal libraries that are part f a cooperative group to share in State Aid for Libraries. elative to Public Safety/Criminal Justice, Mr. Miller 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 indicated they were looking toward expanding the current Drug Free School Zone legislation to include day care cen- ters and public property. In connection with this suggestion, Mr. Miller pointed out that although public housing is already included, it should probably be expanded upon. Commissioner Weiner stated that last year we lobbied the legislative delegation for an HRS office in Boynton Beach. This year Lois Frankel is serving as Chair in the House. Commissioner Weiner thought Ms. Frankel would be more amen- able to the City's lobbying effort. Commissioner Weiner would like to attend one of the legislative sessions to %obby for this. The Commissioners were agreeable to Commissioner Weiner lobbying for this cause, Commissioner ~einer asked that the City Manager attend to lobby for the ~ther items. ~arrie Parker, Assistant City Manager explained the Palm ~ach County Municipal League had solicited input from the ~ities regarding certain proposed legislative priorities. The Commissioners had no problems with the League's recom- mendations. Commissioner Weiner thought the Mayor might ave a problem with one or more of the items. It was ointed out that the Commission would be responding as a ajority vote. ~ommissioner Weiner moved to adopt the 1991 State Legislative Priorities as set forth by staff, with the addi- tion of an HRS office for Boynton Beach. Also approved is ihe proposal set forth by the Palm Beach County Municipal eague. Commissioner DeLong seconded the motion which ~arried 4-0. ~ommissioner Weiner asked the City Manager to write a ~etter, so they could be put on a legislative agenda. ~. Congress Avenue Park - Change Order ~1 ity Manager Miller explained this related to landscape work t the Congress Avenue Park. This involved the addition of ~rees, sod and irrigation along the west side of the ~ntrance road. This had been excluded from the contract, ut since the contract came in under budget, and the area Nas aesthetically unattractive, the City chose to proceed ~ith the work. Zommissioner Weiner moved to approve Change Order #1 for Zongress Avenue Park. Commissioner Artis seconded the ~otion which carried 4-0. 46 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of DECEMBER 18, 1990 December 4, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget Supply of materials to construct and install replacement electrical panels & annual Utility Dept. electrical supply The Tabulation Committee recommended awarding the bid to the ~lectrical supply companies listed on the tabulation sheet. This was part of the continuing program of replacing defec- tive electrical equipment to improve system reliability and s!ecurity. C. Renewal of ball retrieval diving contract for Golf Course for FY 1990/91 As outlined in Joe Sciortino, Golf Director's memorandum ~90-088, it was recommended that the present contract with Birdie Golf Company, Margate, Florida, be renewed effective December 31, 1990 through December 30, 1991. ~. Payment of Bills - Month of November, 1990 Slee list attached to the original copy of these Minutes in t~e City Clerk's office. Ei. Telephone System Fire Station %3 Ns explained in Hugh McCaffrey, Communications Manager's miemorandum %90-307 to the City Manager and Director of A~ministration, it was recommended that the City purchase aind install the Inter-Tel System GMX-48 electronic key tielephone system at a cost of $7,422.25. F!. Telephone Paging System Fire Station ~2 and ~3 As outlined in Hugh McCaffrey, Communications Manager's m~morandum %90-308 to the City Manager and Director of A~ministration, it was recommended that the City purchase the intercom system for both telephone paging and radio sta- tiion alerting from Syscom Communications of Pompano Beach. The total cost will be $3,812.50. Gi. Budget Transfer to cover cost for membership dues - Palm Beach County Municipal League A~ explained in Carrie Parker, Assistant City Manager's a~enda memorandum %90-057C, a budget transfer is needed to 47 MINUTES - REGULAR CITY COMMISSION~ MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 provide funds for the Municipal League 90/91 dues in the amount of $3,400. Release letter of credit to Chaz Equipment for replacement of pumps and related equipment at Water Treatment Plant As explained in John Guidry, Utilities Director's memoran- dum ~90-712 to the City Manager, due to completion of this project, the $23,000 letter of credit may be released and final payment approved. i. Approve authorization to dispose of records Records Destruction Request Forms number 200, 201, 202 and ~03 had been approved by the State Division of Archives. Commission approval was needed to proceed with destruction of records from the Public Works Dept., the Building Dept. ~nd the City Clerk's office, as outlined in the City Clerk's memorandum ~90-227 to the City Manager. Approve purchase of Maintenance Management Work Order Software As outlined in Craig Grabeel and Bill DeBeck's memorandum ~90-303 to the Director of Administration, it was recom- mended that the City purchase General Physics Corporation's 'i'G.P. Mate" software by "piggy-backing" on Palm Beach County's bid. The total price is $6,170.00. K. Approval of Bills ~ee list of bills attached to the original copy of these Minutes in the City Clerk's office. Release of funds for Traffic Light Installation Commission approval was needed for release of $27,882.40 to Designed Traffic Installation Company of Ft. Lauderdale, ~lOrida for traffic light installation at the intersection ~f S.W. Congress Blvd. at Congress Avenue. ~. Receive and file departmental monthly reports monthly Activity Reports from City Departments were made Lvailable for Commission review by City Manager Miller. ~ommissioner Weiner moved to approve the Consent Agenda. ~ommissioner DeLong seconded the motion which carried 4-0. 48 MINUTES - REGULAR CITY COMMISSION~ MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Public Hearing Scheduled -- Regarding IBF&O City Manager Miller explained a hearing date must be ~stablishe~ for the purpose of discussing the economic and non-economic issues of the Special Master between the IBF&O %nd the City. The Commissioners agreed to schedule the public Hearing for Monday, January 7, 1991 at 7:30 P.M. ADJOURNMENT ~he meeting properly adjourned at 10:~00/~.M. CITY O/~YNTON BEACH ATTEST: ~it~Clerk ~ecording Secretary (Four Tapes) ~ommlssioner 49 7.1 COMMISSION DE(:: 18 1,990 APPROVAL AGENDA December 18, 1990 XI. CONSENT AGENDA K Rec, Ngmt Serv Util ALLIED LIME P.O. ~t85951 - Pebble Quick Lime deliveries for Nov.,1990. Pay from Water & Sewer Revenue Fund 401-332-5-365-00 $ 7,226.54 BOYNTON BRACH CHILD CARE CENTER Funding recon~nended by Community Relations Board - Payment 1 of 4. Pay from General Fund---001-194-5-989-00 6,250.00 CH2M HILL Professional engineering services for the period 9/25/90 to 10/24/90 - see attached. Pay from Utility Capital Improvement Fund: 404-000-0-690-10 34,875.32 404-000-0-691-10 13,538.15 48,413.47 DPC GENERAL CONTRACTORS, INC. P.O. ~85649 - Asbestos Removal-Vacant convenient store. Ezell Hester Jr. Park Project. Pay from Public Svs. Tax Constr.---301-721-5-640-27 13,500.00 DUTCH CONSTRUCTION CO., INC. Appl. #3, P.O. 84849: Congress Ave. Park in accordance with contract and specification documents; Bid #070-722-90/ HBC, Commission approved 7/17/90 Pay from Public Service Tax Fund---301-721~5-648-00 118,611.00 ELKINS CONSTRUCTORS, INC. Appl. #5, P.O. 84255: Improvements to B. B. East Water Treat- ment Plant per contract specifications for the period 10/16/90 to 11/15/90. Per bid 4/3/90, Commission approved 4/17/90 Pay from Utility Capital Improve. Fund---404-000-0-690-10 224,484.33 FLORIDA EAST COAST RAILWAY CO. Annual signal maintenance areeement effective 12/29/71. Pay from General Fund---001-411-5-415-00 1,300.00 HI-TECH ASSISTANCE CORP P.O. 85498 - 2nd payment annual PC Maintenance Contract per bid specifications for period 12/31/90 to 3/31/91. Pay from various funds. Commission approved 9/5/90 5,423.50 HOLIDAY INN Balance due for Annual Board Dinner. Pay from Publicity Fund---101-191-5-450-08 4,105.85 HUNTER/RS&It Final payment request(#7) on completion of Computer-based Track- ing System for Housing Programs. Pay from Commumity Improvement---621-196-5-499-00 2,800.00 11. IBM CORPORATION P.O. #85646 - 6 IBM 3477 Terminals to respond to needs of re- spective departments - $7,344.00; P.O. 86044 - 1 Laser Printer for Police Dept. - $1,437.00 and P.O. 85507 monthly maint. $1,582.92. Pay from various funds. 10,363.92 JOSIAS & GOREN, P.A Statement for professional services rendered for November 1990 - $6,844.81; Herig Arbitration - $2,500.00; Woolbright Partners, et. al. - $3,966.60; Mrotek - $800.00; Cook Construc- tion - $180.00; EEOC - $90.00; PERC - Unit Clarification - $140.00; DCA Comp Plan - $810.00; IBFO Impasse Proceedings - $3,250.00; FLWAC Appeal (Treasure Coast Reg. Planning Council) - $490.00; Seppala & Aho - $553.85; Greyhound Lines, Inc. - $50.00; Lear Group Arb. - $100.00; Miller Meier Arb. - $471.40. Pay from General Fund---001-141-5-461-00 20,246.66 LESCO INC. 8,000 lbs. Double Eagle Ryegrass and 550 lbs. Bluegrass for Golf Course. Per bid 11/13/90, Con~nission approved 11/20/90. Pay from Golf Course Fund---411-726-5-346-00 9,980.00 14. MAIN STREET CAR WASH Reimbursement for damage to recycling tanks - main sewer line plugged in street & caused raw sewage to contaminate the car wash's recycling tanks. Pay from Self Insurer's Fund---622-195-5-440-01 1,040.00 MATRXMEDICAL Replenish medical supplies for Fire Dept. Pay from General Fund-~~001~221-5-371-00 MEYER'S TURF, INC. Bahia and Floratam Sod needed to restore swale for Phase iA of Water Main Replacement Project. County Bid #90-002/DGF Pay from Utility Capital Improve.---404-362-5-650-01 2,387.74 2,682.25 P.B.& $. CHEMICAL COMPANY Chlorine Gas to disinfect the raw water. Pay from Water & Sewer Rev---401-332-5-363-00 P.R.I.D.E. OF FLORIDA Items needed for vehicle repair and maintenance. Pay from Vehicle Service Fund---501-193-5-322-00 5,106.00 7,026.26 PALM BEECH APPRAISERS & CONSULTANTS, INC. 1,550.00 Appraisal Reviews for 7 vacant parcels of land of which the city is interested in acquiring. ( To be reimbursed by Housing & Commu- nity Dev. per Land Acquisition Grant). Pay from Community Improvament---621-196-5-499-00 COMMISSION DEC 18 1990 APPROVAL 20. 21. 22!. 23. 24~ 25~ PALM BRACH COUNTY HEALTH UNIT Renewal of County License to operate the Boynton Beach Water Treatment Plant for year 1991. Pay from Water & Sewer Rev.---401-332-5-470-02 PALM BEACH COUNTY MUNICIPAL LEAGUE Annual dues for fiscal year 1990/91. Pay from General Fund---001-111~5-470-07 PEROXIDATION SYSTEMS, INC Hydrogen peroxide for Odor Control System for month of October. Pay from Water & Sewer Rev---40t-352-5-365-00 PROFESSIONAL ADMINISTRATORS, Reimbursement of Workers' Comp. claims paid in the month of November. Pay from Self Insurer's Fund---622-195-5-134-00 2,500.00 RPM CONSTRUCTION COMPANY P.O. #84322 - Final payment including 5% and remainder of "one" change order on the contract for Renovation of First Floor West Wing. Per bid 5/29/90, Con, mission approved 6/5/90 Pay from Public Service Tax Fund---301-194-5-629-00 4,000.00 SCE INC. Odor Abatement System - Aeration Covers, Effluent Pumpimg Sta- tion Expansion and Electrical Building Project. Payment #3 from 10/26/90 to 11/25/90. Pay from 1985 Construction Fund---409-000-0-691-20 28,957.50 26i SALNICK & KRISCHER , Professional fees relating to confiscated vehicles. I Pay from Misc. Trust Fund---691-000-1-691-20 19,522.46 27i 8,914.71 SNAPP TREE SERVICE, INC. 5 Trees cut down and 5 Stumps removed at Golf Course. Pay from Golf Course---411-726-5-499-00 90,999.67 28i SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for wastewater for month of October, Pay from Water & Sewer Rev---401-353-5~490-09 1,169.35 294 1,495.00 30~ 1990. 143,308.22 SOUTHEASTERN MUNICIPAL SUPPLY P.O. #85666 - For Golf Course Force Main Project. Pay from Golf Course~--411-726-5-680-09 Commission approved 10/10/90 3,553.50 STANDARD & POOR'S CORPORATION Analytical services rendered in connection with Water & Sewer Utility Revenue Bond, Series 1990. Pay from 1985 Construction Fund---409-888-5-797-00 12,100.00 COMMISSION D~C 18 1990 APPROVAL 31. 32. 33. 34;. 36~ 37~ SYSCOM COMMUNICATIONS Telephone Paging System for Central Fire Station - $3,905.00 and Police Station - $3,730.50. Pay from Public Service Tax Constr.---301-197-5-629-00 Per bid 7/24/90, Commission approved 8/21/90 TRADEWINDS GROUP Fair Share Costs for reconstruction Lift Station #603. Commission approved plan 12/19/89. Pay from W & S Utility Revenue Fund---421-000-0-691-21 UNIVERSITY MICROFILMS INC. Renewal on microfiche subscription #903182ZA for Library. Pay from General Fund---001-711-5-661-00 WALLACE ROBERTS & TODD Engineering services performed with regards to Congress Ave. Community Park. Pay from Public Service Tax Constr.---301-721-5-463-03 WASCON CONSTRUCTION, INC. Payment request #11 per construction consultant agreement. Pay from Capital Improvement Fund---302--223-5-640-11 WATER RESOURCES CORPORATION Partial payment P.O. 85001 - 4 Homa submersible Sewage Pumps and 4 Flygt Adapter Guide Claws. Pay from Utility Capital Improve. Fund---404-352-g~642-O0 S.T. WICOLE CONSTRUCTION Payment #12 - P.O. 82192 for construction of Fire Station #3 in accordance with contract & specifications. Pay from Capital Improvement Fund---302-223-5-640-11 Per bid 8/10/89, Commission approved 12/5/89 7,635.50 50,000.00 2,800.00 11,168.57 2,300.00 8,132.00 112,500.05 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Asst. Finance Director I therefore recommend payment of these bills. COIViiVilSSION JfScott Miller, City Manager DEC 18 lO00 APPROVAL CH2M HILL Inv#11-412 Inv#11-423 Inv#11-482 Inv#11-499 $ 8,588.55 T.O. 13 Professional services for the Design and Construction of the Deep Injection Well Disposal System for reject waters from the West Water Treatment Plant $ 13,538.15 T.O. 15 Professional services for Sanitary Sewage Pump Stations No. 310, 408, and 411 $ 9,688.70 T.O. 10D Professional engineering services during bidding and construction of Motor Control Centers at the East Water Treatment Plant $ 16,598.07 T.O. 10E Professional engineering services during the bidding and construction of Improvements to the East Water Treatment Plant Total $ 48,413.47 Above Invoices for the Period of 09/25/90 thru 10/24/90 COMMISSION {3EC 18 1990 APPROVAL Lynne S. Matson 1 W. Chesterfield Dr. Boynton Beach 439-4081 December 18, 1990 Mr. Mayor, Honorable Commissioners: I come before you tonight representing several hundred people in the audience and the other residents of Boynton Lakes North and Boynton Lakes who could not be here. Due to the holidays and the four days we had to gather these signatures, I can only present you witha little over one thousand. Our two comm~ities are protesting several issues. We absolutely insist that the P&Z Board be kept intact. This is the only forum for free speach the residents of Boynton have without a time limit. Your move, Mr. Mayor, is politics rearing its ugly head. You have not been able to silence several Board members who have shown true concern for the residents of Boynton, .so you choose to eliminate them. This is dangerous and oppression in its purest form. We also oppose any change to the gas station ordinance. City code prohibits any gas station from being erected within 1,000 feet of any semi-public gathering place. The lake and recreation area in Plat 5 is dedicated to the Association for recreation and as such, we have children playing volleyball, boating and residents fishing in this area. It is within 1,000 feet of the proposed gas station on the N.W. corner of the Shopping Plaza. We do not want to ingest the fumes and we do not wish to live in constant fear of underground seepage into our lakes and canals or the possibility of explosion. We are insisting that the developer of Boynton Lakes Plaza be made to re-design his parking lot so that trucks and trailers making deliveries be made to enter from Congress Ave. or Hypoluxo Road only! We do not want the widening of Boy~nton Lakes Blvd. to three or four lanes at any point. This developer proposes to widen this street and allow trucks to make deliveries at all hours of the day and night. By widening this road, these vehicles will come within 20 feet of the backs of some of our homes. It doesn't take a mathematical genius to figure out that a 50 foot truck combined with the way cars speed along the Blvd. would put one of those trucks smack in the middle of someones bedroom wall 20 feet away if an accident were to occur. We also have a school bus stop within ~_00 feet of the proposed widened road. Think of the danger to the five and six year olds trying to cross three or four lanes, think of trying to cross with a wheelchair like several of our residents do, think of crossing with a bicycle or baby carriage on the way to the pool or clubhouse. This is not a pretty picture. We do not want our community to become a truck route. Boynton Lakes Blvd. is not monitored for speeding as it is, so who can assure us it would be monitored if it was posted "No Trucks". This developer is also proposing to make two breaks in the buffer wall where this wall abuts our residential area. This is a dangerous situation and is not aesthetically or acoustically in the best interest of the surrounding homes. Quite frankly, we do not wish to see the dumpsters or hear the delivery trucks gearing down at four A.M. I understand that the toxic dumping problem with the dumpsters located in close proximity to the drainage grates has been rectified. I would like confirmation of that. Appendix A, Section 4N of the Zoning Regulations states that all facilities must comply with the City performance standards, meaning, they should not be constructed, maintained and operated so as not to be a nuisance or hazard' to persons or property located on adjacent or nearby properties or rights of way or interfere with reasonable use or enjoyment of adjacent or nearby properties by reason of noise, vibration, etc. This plan violates that code. The Buffer Code in the appendix section, Article IX, Section 3 states that subdivisions shall be buffered for the protection of residential properties with a 5 ft. high masonary wall to seperate residential developments from commercial and industrial developments. It is our contention that this means an interrupted wail will not protect us. You did not allow a break in the Buffer wall at Oakwood Square, Boynton Beach Mall,. Boynton Trail Centre the new Lurias Center and many other shopping areas that abut residential areas. If you allow a break in the Buffer wall in this instance, we will have no other choice than to file a class action lawsuit against the City of Boynton and any individual commissioner voting for this. We will depose the previous City Planner and City Engineer and ask them why this wasn't allowed previously. Chapter 22, Article II, Section 22-19 on permit issuance allows this commission to deny permits if the health, welfare and safety of the public will be unreasonably impaired. We contend that it is. The City of Boynton cut its teeth on our community as one of the first P.U.D.s, we are not about to let the hand we feed bite us. We pay your salaries, we voted for you and you are public servants. We are prepared to cast our votes against anyone passing this plan along as shown. Not only will you have over 1,000 people not voting for you, you will have over 1,000 people campaigning against you. I leave you with these final words, "In March we will remember, how you hurt us in December" Thank-You!! CONSEI~ AGENDA cc: F:i.~nce ~ooooooooooooo~o~c oo~oooloooooooooiooo~ooo:oo i Z t