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Minutes 02-20-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 20, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor M~atthew Bradley, Vice Mayor LYrme Matson, Mayor Pro Tern Sl~irley Jaskiewicz, Comrmssloner I. I OPENINGS: Carrie Parker, City Manager James Cherof, City Attorney Sue Kmse, City Clerk A. Call to Order Mayor Taylor called the meeting to order at 6:30 p.m. B. Invocation Tl~e invocation was offered by Rev. Conrad Braaten of the Ascension Lutheran Church. C. Pledge of Allegiance to the Flag TI D. te Pledge of Allegiance to the Flag was led by Vice Mayor Bradley. Agenda Approval 1. Additions, Deletions, Corrections N6 additions, deletions, or corrections were made to the agenda. ! 2. Adoption M~tion  yor Pro Tem Matson moved to adopt the agenda as presented. Vice Mayor Bradley seconded motion, which carried 4-0. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 ADMINISTRATIVE A. Appointments to be made A~pointment T+ Be Made 1V Matson IV Matson 1V Matson 1¥ Matson iV Matson 1V Matson I~ Jaskiewicz Yq Matson ll i Bradley I 1I Bradley II Jaskiewicz iM orion M OI 4- M Board Length of Term Expiration Date Bldg. Bd. of Adj. & Appeals Adv. Bd. on Children & Youth Code Enforcement Board Adv. Bd. on Children & Youth Adv. Bd. on Children & Youth Board of Zoning Appeals Education Advisory Board Bldg. Bd. of Adj. & Appeals Adv. Bd. on Children & Youth Education Advisory Board Commtmity Relations Board Board of Zoning Appeals Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt 1 yr term to 9/96 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/97 TABLED Reg 2 yr term to 1/98 TABLED Sm Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Alt Term expires 4/96 TABLED Reg Term expires 4/98 TABLED Reg Term expires 1/97 TABLED ayor Pro Tem Matson moved to remove her two regular appointments to the Advisory Board Children and Youth from the table. Vice Mayor Bradley seconded the motion, which carded 9. aYOr Pro Tem Matson appointed David Helwig and Marvin Blitz as regular members to the ,tvisory Board on Children and Youth. orion Vicd Mayor Bradley moved to accept Mayor Pro Tem Matson's appointments. Mayor Pro Tern Matron seconded the motion, which carried 4-0. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Authorization to renew Boynton's G.A.L.A. Beer Garden Proposal Inher February 13, 1996 memorandum to the City Manager, the Supervisor of Community PrOmotions recommended that this proposal be renewed. This event will take place on March 22, 23, and 24. Mbfion Mayor Pro Tern Matson moved to approve this item. Vice Mayor Bradley seconded the motion, which carried 4-0. IH. Mhyor as sc m CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of February 6, 1996 Pro Tem Matson corrected the second sentence in the third paragraph on page 13 to read follows: "She participated in the workshop last week with the County Commission, the hool Board, and the Municipal League where discussions took place relative to education and aool funding." She stated that public/private partnerships were discussed at that time, but the fin object of the workshop was education and funding. Joint Workshop Meeting Minutes with COBWRA and City Commission of February 8, 1996 B4ginning with the third sentence in the last paragraph on page 2, Mayor Pro Tem Matson corrected that paragraph to read that there were 15 months left of an unexpired term. She ex ~lained that there was an appointment for 3 months, and then there was an election for a one- ye ar term. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Bids - Recommend Approval - All expenditures are Approved in the 1995-96 Adopted Budget Award Bid for 12" Well Point System and Accessory Package to Thompson Pump & Manufacturing Company, Inc. The Tabulation Committee recommended awarding this bid to Thompson Pump & Mhnufacturing of Port Orange, Florida, in the amount of $35,873. Award Bid for the Purchase of Uniforms to Martin Lamar Uniforms and Harrison Uniforms Tile Tabulation Committee recommended awarding this bid to Martin Lamar Uniforms of Miami, Florida, and Harrison Uniforms of Boynton Beach, Florida. C. Resolutions Proposed Resolution No. R96-18 Re: Water Service Agreement for J. Scott and Mary W. McOwen located on the east side of South Federal Highway opposite the Stow-A-Way Self Storage business and northeast of the Gulfstream Mall Proposed Resolution No. R96-19 Re: Subordination of Easement along Lawrence Road - Nautica Sound P.U.D. Proposed Resolution No. R96-20 Re: Authorize execution of Agreement between Palm Beach County and the City of Boynton Beach for proposed potable water interconnects Proposed Resolution No. R96-21 Re: Boynton Festive Center substitution of Letter of Credit - $57,000 complete installation o£ Phase II of the water distribution system Proposed Resolution No. R96-22 Re: Boynton Festive Center Substitution of Letter of Credit - $11,000 Restoration Bond 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Proposed Resolution No. R96-23 Re: Extension for Community Development Block Grant on N.E. 13th Avenue reference Palmetto Greens Park Proposed Resolution No. R96-24 Re: Supporting House biI1 #107 - Lottery Accountability Act of 1996 Proposed Resolution No. R96-25 Re: Ratification of the grant of sanitary sewer and water easement between the City of Boynton Beach and S and S Investments i D. Approval of Bills Ailist of these bills is attached to the original minutes on file in the City Clerk's Office. E. Payment of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. F. Authorize replacement of TV camera for the Sewage Collection TV Truck from Cues in the amount of $6,000 P~ :r Utilities Memorandum 96-048, the existing camera is now approximately six years old and w have had several failures which caused considerable down time for the crew. The parts n~eded to repair it are no longer available, thus requiring a retrofit with updated components. This retrofit would still not replace all of the existing camera components and offer only a 45 day w~rranty. Based on the replacement and repair quotes, the Director of Utilities recommended that we replace the camera rather than repair it. A new camera would only cost an additional $~,~ 100 compared to repairing it. ~l G. Approve request to transfer cemetery Lots 97B, 98A & B, Block O to Roy and Virginia Larizza This request was made by Edward and Louise Allen. 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Approve request to install an extended 8' vinyl fence around the outfield at the Senior League Field in Little League Park from Martin Fence (Palm Beach County Contract) in the amount of $12,215 P~r Recreation and Park Memorandum 96-058, this new fence will extend most field dimensions to!320' and allow for additional tournament capabilities at our facility. Approve purchase of an upgrade to the interface software for the Perkin Elmer Gas Chromatograph (GC) laboratory instrument located at the West Water Treatment Plant in the amount of $7,910 Utilities Memorandum 96-043, replacement of the control system computer and software ;efface is essential to continue our quality assurance monitoring of our water system. Approve sole source purchase of Flygt Pumps from Ellis K. Phelps & Company in the amount of $46,798 P~ :r Utilities Memorandum 96-049, this is part of the Planned Pump Replacement as identified in th& Renewal and Replacement projects for FY 95/96. These new pumps will replace the existing w~rn Flygt pumps presently in service at lift stations 204, 715,704, 806, 092, and 095. i K. Approve disposal of records - City Clerk's Office Records D~spos~t~on Requests 292 through 305 have been approved by the State. Mifion Vice Mayor Bradley moved to approve the Consent Agenda with the corrections to the minutes. MI 'or Pro Tem Matson seconded the motion, which carded 4-0. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1. Volunteers still needed for Leathers Park build - February 26 through March 3, 1996 Mayor Taylor made this announcement. He advised that approximately 2,000 volunteers are needed. This is a community involved event. He urged everyone to participate. He stated that this is going to be something the City can be proud of for years to come. 2. Library Quilt Show at the Woman's Club - March 1st, 2nd and 3rd Mayor Taylor made this announcement. 3. 1996 Goldcoast Surf Festival at Oceanfront Park - March 2nd and 3rd Mhyor Taylor made this announcement. He advised that a lot of work has been put into this event, and there will be a lot to see and do. He did not think anyone would want to miss this event. 4. General City Election - March 12, 1996 M~yor Taylor made this announcement. He advised that the polls will be open from 7:00 a.m. to 7:00 p.m. He felt it is important for all to exercise their option to vote. B. Presentations 1. Proclamations a) Community Caring Center of Boynton Beach Week ~dtnYOr Taylor read a proclamation declaring February 25 through March 2 as Community Caring ter of Boynton Beach Week, and presented it to Rev. Henry Ackermarm with the City's appreciation for all the work he does for those less fortunate among us. 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Rev. Ackermann and all the members of the Community Caring Center were grateful for the help tlmt everyone in the City has given to the Community Caring Center, especially the Commission. He invited everyone to attend a fundraiser this Sunday, from 4:00 to 6:00 p.m. at St. Thomas Mbore Church. It will be a combined choir concert. Approximately 11 choirs will be participating. b) Women's History Month M~tyor Taylor read a proclamation declaring March 1996 as Women's History Month throughout BQynton Beach, and presented it to Chester LaPorte, President of the AARP, Chapter 3190, B6ynton Beach. Review of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 1995 by Paul Bremer, Ernst & Young I~ r. Bremer advised that this report is broken down into an introductory section, a financial se :tion, a statistical section, and a compliance section. The introductory section contains a letter fi' )m the Finance Director, an overview o£activifies for the year ended September 30, 1995, and a Certificate of Achievement from the Government Finance Officers' Association for the report fmOtthe ended 1994. This is the award fsr financial that September 30, highest reporting year a nicipality can receive. Mr. Bremer advised that financial section contains Ernst & Young's report on the City's financial statements. He advised that ~t ~s an unquahfied oplmon. The compliance section contains reports on the City's Federal and State financial assistance, internal controls, compliance with la~vs and regulations, a management letter, and a Report on Statement of Auditing Standards Ngmber 61. He urged the Commission to read these reports, particularly the management letter and the Statement of Auditing Standards Number 61 Report. He advised that Ernst & Young has reyiewed that in detail with the Manager and staff, and they are required to respond to the points we made in that letter. Also, Ernst & Young has met with a representative from each of the pepslon boards to discuss issues related to the pension board that Ernst & Young have reported on. C~mmissioner Jaskiewicz was very pleased with the report. Mayor Taylor was very proud of the staff for having achieved an award for this financial report. He felt it was important for the co~anunity to know that because of the work of the City staff, the City has $2.4 million of unrestricted funds. This means somebody is working really hard to run this City on a very 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 ' ' ' V rypl economical bas~s. He was e eased with this report and thanked staff on behalf of the entire COmmission. Mr. Bremer echoed Mayor Taylor's sentiments. He said staff did an outstanding job. The A~s~stant Finance Director, Diane Reese, worked hard, as well as the other members of the Fi)ance Department. He said they are a pleasure to work with and he was happy to serve the City. Vi BraS N~ne. Since it was not 7:00 p.m. yet, the following items were dispensed with next: VII. PUBLIC AUDIENCE N~ one in the audience wished to speak. Therefore, Mayor Taylor declared the Public Audience p~rtion of the agenda closed. Xi LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. O96,02 Re: Amend Nuisance Abatement Ordinance :torney Cherofread Proposed Ordinance No. 096-02 by title only. one in the audience wished to address this item. ~otion M~yor Pro Tem Matson moved to approved Proposed Ordinance No. 096-02 on second reading. CtCmmissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 A pt H m es C~ D th W: B. Ordinances - 1st Reading Proposed Ordinance No. 096-04 Re: Adopt amendments to the General Employees Pension Fund Attorney Cherofread Proposed Ordinance No. 096-04 by title only. N~ one in the audience wished to address this item. Motion Vice Mayor Bradley moved to approved Proposed Ordinance No. 096-04 on first reading. Mayor Pro Tem Matson seconded the motion. A roll call vote was polled by the City Clerk. The mbtion carried 4-0. Proposed Ordinance No. 096-05 Re: Adopt amendments to the Police Pension Fund ,Iomey Cherof read Proposed Ordinance No. 096-05 by title only. one in the audience wished to address this item. Notion VmMftYor Pro Tern Matson moved to approved Proposed Ordinance No. 096-05 on first reading. e Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The ion carried 4-0. this time, City Attorney Cherof made an announcement concerning quasi-judicial ~ceedings. He advised that the items on the agenda which appear under the heading of Public :arings and Development Plans are quasi-judicial hearings and anyone who intends to testify ~st be sworn in before they begin their testimony. The applicant has the initial burden to ~blish by competent substantial evidence that the proposal is consistent with the City's ~mprehensive Plan and complies with all procedural requirements of the City's Land :velopment Regulations. All documents that are contained in the Commission backup package s evening are considered part of the record of the proceeding. Should the applicant or any toess wish to submit any additional documents into the record, the documents should be 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 identified and filed with the Clerk before leaving tonight. Any action taken by the City is not final until an Order reflecting the Commission action is signed and filed with the City Clerk. Sigce the City's Planning Department staff was not present, Mayor Taylor declared a recess at 6:57 p.m. The meeting reconvened at 7:01 p.m. VI. PUBLIC HEARING Project: Agent: Applicant: Location: Desc .ription: Charter Drive North - Parcel C Stuart H. Cunningham, P.E. and P.L.S. Hunters Run Property Owners' Association, Inc. Western terminus of Charter Drive North Abandonment - Request to abandon a portion of Charter Drive North, legally described as Parcel C AU this time, City Attorney Cherof swore in all who intended to testify this evening on the agenda items that appear under Public Hearing and Development Plans. The applicant was not present. Ms. Heyden stated that when this item went to the Planning and Development Board, there was some confusion regarding the access. Staff had recommended denial due to what appeared to be a lack of access to Parcel 103, which is contiguous to the area reqtuested to be abandoned. She has since talked to the Engineering Department and they have reevaluated this and are satisfied with the means of access that they believe will be provided to Parcel 103. Therefore, staff now recommends approval subject to comments 1 and 2 on Exhibit "Q". Ms. Heyden advised that Southern Bell objects to this abandonment unless they get an easement. N6 one in the audience wished to address this item. Mbfion MCyor Pro Tern Matson moved to abandon a portion of Charter Drive North, legally described as Parcel C, for Hunters Run Property Owners' Association, Inc., western terminus of Charter Drive North, subject to staff comments 1 and 2 on Exhibit "C". Vice Mayor Bradley seconded the motion, which carried 4-0. 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 B. Project: Agent: Applicant: Location: Description: Charter Drive North - Parcels A and B Stuart H. Cuuningham, P.E. and P.L.S. Hunters Run Golf and Racquet Club, Inc. Western terminus of Charter Drive North Abandonment - Request to abandon a portion of Charter Drive North, legally described as Parcels A and B Tl~e applicant was not present. Ms. Heyden advised that staff had recommended denial of this request due to the access issue. The same comments she mentioned with regard to Parcel C al~ply to this item as well. She recommended approval subject to the applicant satisfying the cQnditions in comment 1 only of Exhibit "C". N~ one in the audience wished to address this item. N~orion M~yor Pro Tern Matson moved to abandon a portion of Charter Drive North, legally described as Pm-cels A and B, the western terminus of Charter Drive North, for Hunters Run Golf and Racquet Cub, Inc., subject to staff comment number I of Exhibit "C" (the FPL and Southern Bell et sements). Commissioner Jaskiewicz seconded the motion, which carried 4-0. C. Project: Hills of Lake Eden PUD ................................................... TABLED Agent: Burlison A. Gentry - Gentry Engineering and Land Surveying, Inc. Owner: Newport Properties, Inc. Location: Northwest comer of S.E. 36th Avenue and Seacrest Boulevard Description: Rezoning - Request for master plan approval to construct 56 single-family detached homes on 14.45 acres of land in connection with a rezoning from R-1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI=5) M orion M~tyor Pro Tern Matson moved to take this item offthe table. Vice Mayor Bradley seconded the m~tion, which car~ed 4-0. Mr. Gentry stated that this is a proposal to rezone the subject property to PUD with a Land Use In~nsity of 5. The current future la~d use classification will remain low density residential 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 with a maximum gross density of 4.84 units per acre. After meeting or speaking with the property owners around the subject property, the master plan for this development has been revised. The new master plan has a gross density of 3.62 units per acre. Lots that will have a ~mum lot area of 9,000 square feet have also been provided on the revised master plan. This agrees with the existing zoning for the minimum lot area. The applicant has agreed with the request of residents west of the subject property to maintain a 10 foot side setback requirement for the existing zoning for residences along Swinton Avenue, and to have a miinmum of 20 foot separation between the proposed residences along Swinton Avenue. A private, gated community is being proposed with a berm and fence around all sides of the subject property. The gates on both Swinton Avenue and Seacrest Boulevard will have telephone control gates for access to emergency vehicles and City forces for the necessary services. The fence along Swinton Avenue will consist of concrete columns and steel fence on a minimum 2 foot earth berm. This fence will have a setback of 5 feet to allow for trees along Swinton Avenue, as indicated on the artist drawing. Mr. Gentry submitted this artist drawing as Exhibit "A". A p0 foot landscape buffer is also proposed along Swinton Avenue and Seacrest Boulevard to provide solid screening between the proposed development and the adjacent roadways. The der~eloper has agreed to construct a new 4 foot concrete sidewalk along Swinton Avenue, as required by the City Engineer. A sidewalk currently exists along Seacrest Boulevard. The gated entrance on Swinton Avenue will have two lanes at both the entrance and the exit, with guardhouse and turnaround for guests who do not get a response for entry. The entrance will al~o have a fountain with landscaping inside the entrance as indicated on the artist drawing. Mi:. Gentry submitted this drawing as Exhibit "B". The entrance on Seacrest Boulevard is for emergency vehicles and consists of a single lane rogdway stabilized to a minimum 75 pound beating capacity to provide safe access for en~ergency vehicles, with a gate which can be opened by telephone. This entry can also be used bM residents to exist in an emergency such as hurricane evacuation. The north and south property lir~es shall have a solid fence on an earth berm to provide screening between the subject property anal to retain the storm drainage on the site as required by the South Florida Water Management Dlstrict for on site drainage control. The interior private roadways are proposed to have 24 foot asphalt pavement, as recommended by the Fire Department, to provide safe access to fire tracks. Tile right-of-way for the private roadways is proposed to be 40 feet wide with a pedestrian w41kway on one side of said right-of-way for pedestrian traffic. The storm drainage shall be cofltrolled by a positive storm drainage system within the private road right-of-way with overflow controlled through the existing positive storm drainage system to Lake Ida through the exfsting discharge pipes. The storm drainage system shall be designed based on the South FlOrida Wate~ Management District Regulations and the regulations of the City of Boynton 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Beach. The perimeter fence, the entrance gates, the interior and exterior landscaping, the private rdadway, and the pedestrian walkway shall be dedicated to the homeowners' association for operation and maintenance. This proposal represents the third plan for this property which was brought before the Boynton B~ach City Council. In December of 1981, he received final plat approval for Lake Eden H~ights, a 12 lot subdivision, after completion for preliminary plan, master plan, and preliminary pl}t., together with completion of development plans and obtaining permits for sewer, water, paving, and drainage. The developer reached an agreement with the owners of the remainder of the property east and south of the Lake Eden Heights property, which makes the total 15.45 acre p~rcel which makes up the current application for rezoning. Mr. Gentry said the developer re;luested him to redesign the prior development to include the new property, and the prior apProvals were allowed to expire. He proceeded to develop a subdivision with 52 single-family lo~s with the current R-1-AAB zoning. He received preliminary plat approval from the City Cbuncil on March 19, 1985. All the required permits were also obtained, including sewer, water, p~ving, and drainage. D~e. to problems not related to this project, the developer decided to sell this and all of his other projects. Newport Properties purchased this 15.45 acre parcel and requested that he prepare d~velopment plans for the subject property based on the current Land Development Regulations ol~Boynton Beach. After meeting with the Planning Department, it was decided that a PUD d~velopment of the subject property to meet the current regulations was best suited. Two environmental issues were encountered at the beginning. First, Florida tortoises were found on thC subject property. The developer hired C&N Environmental Consultants, Inc. of Tequesta Flprida, who obtained permits from the Florida Game and Fresh Water Fish Commission to capture and relocate all the Florida tortoises to another site. The second issue was the requirement for flora and fauna survey and the location of the viable scrub on the subject prpperty to establish the size for the 25 percent scrub preservation requirement. C&N completed the flora and fauna survey and provided copies to Kevin Hallahan, the City of Boynton Beach Enwronmentahst/Forester. C&N also field located all the areas of viable scrub, and Gentry Er~g~neermg located the viable scrub mark. ed by C&N on a copy of the property boundary survey. The area of the viable scrub was measured and found to be 4.2 acres. Based on the Code requirement to preserve 25 percent of the viable scrub, then 25 percent of the 4.2 acres equals 1.65 acres of required preserve. The proposed plan for this development calls for two preserves to Ibe located on the top of the existing dunes on this site, totalling 1.3 acres, which exceeds the minimum requirement. The eastern preserve falls almost totally within the viable scrub, but the western preserve falls in an area that was cleared 10 to 15 years ago, and only contained approximately 0.3 acres of viable scrub. Therefore, this preserve will be filled with relocated 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 viable scrub and managed with irrigation and nutrients to assure the scrub survives. Scrub that does not survive would be replaced by nursery stock, since the scrub on this property is commonly available from local nurseries. C~eryl Carpenter, Senior Biologist with C&N, said she was notified by the Florida Game and F~esh Water Fish Commission last summer that there were gopher tortoises on the Hills of Lake Eden site and was retained by Mr. Pinto to provide protection for the gopher tortoises, to do a flora and fauna survey, and to identify the highest quality habitat on the parcel. She secured a permit and relocated the gopher tortoises to an approved restocking site. Then she physically m~rked off all the areas that were dominated by native upland vegetation. She also identified the ar~a of highest quality, which was on the ridge. The western parcel had been previously cleared, but had not been root right, and much of this area has come back in high quality vegetation. It is open and probably the best habitat on the site. The site is significantly degraded due to lack of mhnagement. Vines, Brazilian Pepper, and exotic vegetation exists throughout all the parcels. P6pper dominates the understory throughout the site. A third of the parcel, the southwest comer, is iall landscaping material that is not native. Mr. Gentry submitted 16 photographs of the site as Composite Exhibit "C". Mayor Pro Tern Matson inquired about the preserve. Ms. Carpenter advised that the two highest q~ality areas, both of which are at the top of the ridge, are going to be preserved Mt. Gentry said two previous plans have been developed for sewer, water, paving, and drainage od this property. Therefore, the necessary utilities are available for this current project. The site roadway plan and lot layouts have been developed to preserve the natural dunes and elevations to maintain the rolling character of this property. The proposed gated community with private road and controlled by a homeowners' association will allow the developer to build better and larger qqality homes which would not be possible with the current zoning. The developer is proposing tl~ee different plans, namely, 2,400 square feet, 2,700 square feet, and 3,100 square feet (under ai~). The developer will expand the number of floor plans following rezoning approval with the intent to build larger homes. Frank Pinto of Newport Properties, said this property, being an in-fill unit, is very difficult to as!emble when you have so many varying factors. He reviewed and submitted Exhibit "D" (Analysis of'93 - '95 Sales) which showed the following: 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mission Hill and Chapel Hill Average Sq. Ft. under A/C of Sales 1,84t Average Sale Price $113,209 Average Gross Ft. 2,236 Average Sale Price Per Sq. Ft. $55 Lowest Sales Price $70,000 Lake Eden Plat 4 Average Sq. Ft. Under A/C (61 Lots) 2,637 Average Sale Price $241,000 Average Gross Ft. (61 Lots) 3,188 Average Sale Price Per Sq. Ft $71 Lowest Sale Price $174,600 Lowest Sale Price Per Sq. Ft. $57 Lake Eden Plat 3 Average Sales Price $145,533 Average Price Per Sq. Ft. $58 Mk. Pinto stated the subdivision that Gentry Engineering received approval on is a good one; hr wever, he wants a better one. He explained the problem of the average sale price being $5 41,000 on one side and $113,000 on the other side. He is trying to create an amenity by bt ilding a private, gated, community with bigger houses, better prices, and a bigger tax base. T1 .is was designed to identify with the $241,000 houses on Swinton Avenue. If he opens up onto Se acrest, he is looking at $101,000 houses. He is trying to avoid that by gating it. He is offering th ,' buyer something he is not going to get across the way with a canal. He is going to get a preserve area, a reasonably sized lot, and $200,00 to $210,000 an average across the board. Hq has reconfigured a 9,000 foot lot so that he can build a different type of house than was built 2~or 25 years ago. M!. Pinto circulated several floor models, which represent homes with 2,400 and 3,200 square feet under air. At this time, he did not now whether these houses are marketable there. Hgwever, he was willing to build two or three models and test the market. One of the houses in41udes a pool. It is a courtyard house, and cannot be put on a standard type of lot. This is one of the reasons why the lots were reconfigured. He is hoping to maximize the preserve areas and 16 '~$20[0,000, not $200,00 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 sothe buyer can have 50 to 70 feet between his lot and somebody else's lot. This is how he addressed the problem of an in-fill project in Boynton Beach. M~. Pinto reminded the Commission that in 1995, the average sale in Boynton Beach was $81,000. He is trying to attract a different caliber of buyer to the City, and asked the C6mmission to help him do this. C~mmissioner Jaskiewicz asked what the maximum height is on the homes. Mr. Pinto stated that the architect would like to have 35 feet, but there was an agreement to go with 33 feet. Vice Mayor Bradley said he met with the City Manager, and Messrs. Pinto, Genh-y, and I~rsclmer this af[emoon and discussed this project. He was surprised at these numbers and said they are way above the square footage under air numbers that were discussed this afternoon. He asked if there Will be an equal number of 2,400, 2,700 and 3,100 square foot under air projects. M~. Gentry stated that the potential is there, and as discussed at the meeting, the market will have to icontrol that. He would like to build the larger homes. M~Yor Taylor understood Mr. Gentry to say that he intends to build the 2,400, 2,700 and 3,100 sq¢are foot houses as models, and that there will be smaller ones. Mr. Gentry said that is correct. Exhibits "E" and "F" (overlays and models) were submitted. Ivy. Gentry stated that the City of Delray Beach has voted to modify their Comprehensive Plan to re~nove the requirement to extend S.E. 34th Avenue from Seacrest Boulevard to Swinton A,enne. This was based on a traffic study which showed that the extension was not necessary fo~ furore development in this area. In regard to the proposed connection to Swinton Avenue, in response to the City Engineer s request, a traffic study was done m accordance with the Palm B~ach County Traffic Section s reqmrements for all roadways within a one mile radius of this development to obtain the concurrency certification for this project. The traffic study was approved by the Palm Beach County Traffic Section and the confirmation was mailed by them to the City Engineer to confirm that there was adequate capacity on Swinton Avenue and the area roadways which wall serve th~s development. The standard for Swmton Avenue for the more ng~d standard ~s known as a LOS D, and based on the LOS D for Swinton Avenue, the capacity oflthe roadway is 15,400 vehicle trips per day. With this development, the traffic for Swinton Ayenue was found to be 1,200 vehicle trips per day for two directional trips, which is less than 10~percent of the capacity of this roadway. Therefore, this development will not have a significant impact on Swinton Avenue. 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 At the Planning and Development Board meeting on February 13th, Ellen Smith, agent for the prOperty owners to the west of this property, made three points that should be corrected for the record. Ms. Smith indicated that we have not tried to communicate with this community. He pointed out that the numerous calls were received from the property ownprs and the project was explained to them. They seemed satisfied and welcomed this property being developed. The applicants also responded to all invitations to meetings with the property owners and their agents. Second, Ms. Smith said the developer was cited by the City of Boynton Beach for extra clearing beyond the scope of the clearing permit. However, she did not point out that the developer met w~th City Attorney Cherof, Charles Frederick, the Director of Recreation and Parks, and the City FOrester, Kevin Hallahan, and that this issue was satisfied. Third, Ms. Smith stated that if you remove the area required for the preserves and the private rood right-of-way, you would have a net density of 5.6 units per acre. He checked this figure and found that if you remove these areas, the net density would be 4.79 units per acre, which is still le~s than the allowable gross density of 4.84. The gross density for this project is 3.62, as stated in staffs report. He requested that the City Commission approve this rezoning request, subject to staff comments. H¢ also requested for approval for a 40 foot private road right-of-way, and a pedestrian walkway on one side of the interior roadway. A~orney Mitchell Kirschner stated that this project is in the best interests of Boynton Beach. He st,4ted that people who have lived near an undeveloped, vacant tract for a long time, enjoy living negt to an undeveloped, vacant tract. He advised that the applicant has complied with the Code, and is willing to work out the technical items. M~yor Taylor opened the floor to the public. Ellen Smith of Unmh, Smith and Associates, represented the neighborhoods of Lake Eden. She is h member of the American Institute of Certified Planners. She represented the neighborhoods of fLake Eden in their opposition to this proposed project. She believed the concerns of the residents are well founded. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 She said there is a concern about compatibility on the following grounds: 1. Lot Size T~day, she heard that lot sizes are now going to be 9,000 square feet, compatible with what could be built in this area. She recalculated the lot size, especially the interior lots, and found that to achieve 9,000 square feet on the interior lots, as well as on the outside of this project, you still are co~anting the preserve in the lot size. There is approximately 9,100 square feet of lot shown on the plan on the interior lots. When you take out a 35' wide by 55' long strip, you have to deduct 1,950 square feet from the 9,100 square feet, resulting in a lot size of 7,150 square feet. She said this is not a project of 9,000 square foot lots. She has done some calculations and deducted the areas of the lots that are in the preserve, as well as the landscape strip. The exterior lots include thc landscape strip. The average lot size, including the 15,000 square foot lot, is in the neighborhood of 75,000 square feet. This is incompatible with the neighborhoods of Lake Eden. On 36th Street, across from Swinton Avenue, the lot sizes are 16,000 square feet. 2. Density Ttte'net density is 5..77 units an acre, as stated on page 8 of staf£s report. Even if it is 4 plus, it is stiil incompatible with the neighborhoods of Lake Eden. You get to count the land area devoted to ~oads, the landscape strip, and the guardhouse in calculating density for a PUD. On a net density basis, when you take out of this PUD the roads, landscape strips, guardhouse, and other features, you have a net density of 5.77 units per acre. The net density of the neighborhoods of LSke Eden is 2.5 units an acre. 3. Home Size She was not sure what the minimum home size is. As of yesterday, there was a commitment to build only 12 houses of 1,800 square feet. She thinks this was under air. Today, the commitment is for an average under a/r square footage of 2,100 square feet. That is still incompatible with the area. In the five plats in Lake Eden and Lake Shore Estates, the average home size under air is 2,600 square feet. If this project is approved, she requested that the City ob~in a firm commitment that all of the homes be at least 2,400 square feet. 4. Home Value PrOperty tax research revealed that in the last two years, the overall sales price was $237,200, $202,000 in Lake Eden Plat 4, and $304,000 in Lake Eden Plat 1. She would like the developer 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 to build something in that price range. Homes that are smaller than the ones next door, and homes on smaller lots than the ones next door, are not going to sell at the same price as the selling price of the neighborhoods of Lake Eden. 5.: Lot Frontage This development plan mmcates the requirements of the Code. The Code requires 90 feet for an average lot. If it is an irregular shape, it can be decreased to 65 feet. The developer is proposing 65 feet for average lots and 45 feet for irregular lots. The neighborhoods of Lake Eden, 36th Street directly across the street, have lot frontages of 100 feet. Lot frontage is one of the major factors that will contribute to the feeling of smallness that you will get when you enter this development. Tlle dimensional requirements of the Code have been shrunk and this small planned development has been put in the middle ora traditional neighborhood. This project will diminish the value of the surrounding neighborhood because of the home size, the lot size, the lot frontage, and home va~ue. In order to approve the project, the Commission must find that the proposed rezoning wbuld be compatible with the current and future uses of the adjacent and nearby properties, and trot it would have no negative affect on the value of nearby properties. There has been a lot of discussion about the two aisles full of environmental preserves. She was somewhat relieved that these are now going to be platted as tracts. However, this is not the real issue for the neighborhoods of Lake Eden or those concerned about the environment. The real is4ue is the edge effects. She read portions ora letter, dated January 12, 1996, addressed to her from Barbara Bobsein, the County's former Biologist charged with reviewing development plans fo~c a number of years. In that letter, she states as follows: "I have reviewed the preliminary site plan for the above-referenced project. The proposed preservation areas, as they are depicted on the site plan, will not allow for long term preservation of the habitat to be set aside. Long narrow linear preserves are exposed to a number of intrusions known as edge effects which degrade the quality of the habitat over time. The placement of homes on both sides of the two preservation areas will accelerate this edge effect and compound the degradation of native habitat. The preserve area will be invaded by sod growing in the yards, exotic ornamental landscape material planted in and around the preserves, mowing, dumping and a number of yard accessories. Preserves will also be affected by yard runoff, which typically includes nutrients from fertilizers, and various pesticides and herbicides which over time degrade these areas." 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Ms. Smith said this is not the highest point in the preserve area. This is at an elevation of approximately 26 feet, whereas this bas an elevation of approximately 30 feet. There is going to be a slide of runoff directly into the preserve. Smith continued to read portions of Ms. Bobsein's letter as follows: "Deed restrictions on lots which contain portions of the preserve may look good on paper but in reality will become a never-ending enforcement nightmare since individual property owners own small pieces of the overall preserves. In my previous position reviewing development plans ... I had the opportunity to review and observe narrow linear preserves similar to what is proposed in this project. Based on my past observations, this type of preservation will not work." ~dlj. Smith reminded the Commission that this project has 2,000 feet of edge effect. She said .ective 1.5 encourages the City to approve land developments that are sensitive to the environmental characteristics on site. Objective 1.1114 says the City shall, to the maximum extent feasible, protect all remaining areas of substantiaI native upland. Ms. Smith said this coCfiguration is a formula for poison of the preserve. M~. Smith agreed that Swinton Avenue meeB the level of service adopted by the County; however, it is a crowded road impacted heavily in the morning, especially by commuter traffic an~t school buses. Therefore, she asked tbat all traffic head out onto Seacrest Boulevard with o~ly one access, Seacrest. The residents would like an additional access onto Seacrest B(~ulevard. Mm. Smith understands that there is no requirement for PUD buffer. This is unusual in cohtemporary planning. She would like more ora buffer than what is shown. On the north and SC ath property lines there is no buffer. The only buffer proposed is on the east and west portions the property line. Condition 24 in staffs report indicates that there is no minimum width :cified. Condition 24 also requires 8 foot tall trees placed 40 feet on center. Ms. Smith said 8 )t tall trees are below the industry standard. The County Code calls for a minimum of 12 foot es, 20 feet on center. Tt~ere is approximately a 15 foot difference in elevation from the site to the neighborhood most adjacent. The site has an average elevation of 32 feet, and the area across Swinton is at 14 feet. The buffer, as proposed, is not going to buffer anything. What could be an inferior, incompatible pr0ject will peer down on one of the City's finest neighborhoods. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 With regard to the taxable value of this project compared to by right development, Ms. Smith believes the difference between this proposal and a by right development would be a wash. It does not seem logical. The Property Appraiser bases his valuation approximately 80 percent on home size and 20 percent on lot size. They use $40 a square foot unless you are building a very fancy project. If the PUD contains 2,100 square foot homes, at $40 a square foot, that is the assessed value of 84,000 square feet times the 56 homes yields a net taxable value of the project o~erall at $4.76 million. The developer could build 1,800 square foot homes. At $40 a square foot, a per house assessment at 72,000 square feet times 60 would yield a net overall value of $4.3 million. ~ne difference of $440,000 in the overall value of the two projects may seem a lot; however, lot size was not included in by right. These will be 9,000 square foot homes. Considering the Property Appraiser's formula, 20 percent of his assessment comes from the lot size. There will be a significant difference in lot size. The $440,000 difference in overall taxable value will be diluted significantly by the millage. By the fane you multiply that number times .008, that number becomes almost negligible. Add to this that on the by right development, with a 9,000 square foot lot, these people will probably add to their homes over time. Therefore, the difference in taxable value is a wash. MS. Smith said she heard that if this project is not approved, there will be by right development with lots of driveways on Swinton Avenue. She realizes the developer has a plan of development prior; however, the access standards in the subdivision code say subdivisions shall be designed to accomplish access to lots by the use of local streets. Swinton Avenue is not a local street. Therefore, driveways could not be permitted on Swinton Avenue. According to the County Engineer's Office, Swinton Avenue is a nonplaaned collector road. MS. Smith said there is a feeling of discomfort by the residents towards this project. The residents asked for a-meaningful preserve, a six foot berm, and a commitment to a minimum square footage that is compatible with the neighborhood, a minimum lot square footage excluding the preserve and landscape strip, or at least the minimum Code requirement of 9,000 square feet, and access. They asked why the preclearing looked so extensive and were told that they had a permit. A letter had been issued from the City Attorney's Office saying that they had gone beyond their original permit and could be levied a fine of up to $51,000. In a letter dated November 17, they had been told that marketing studies had produced the home size/lot size. However, they were subsequently told that there was no marketing plan. She asked the Commission to invoke what the Code requires and that the development that is approved be compatible to the neighborhood and have no adverse affect on value. She asked for a recommendation of denial. 22¸ MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mayor Taylor clarified that there was an issue with the clearing, but that was settled to the satisfaction of the City. Betty of 1 N.W. 25th Court, Delray Beach, expressed concern about adding to the traffic situation. Stella Rossi, 625 Whispering Pines Road, was concerned about the environment. She displayed a map and stated that this is a 15.4 acre tract of Florida native habitat. It is not just scrub, and contains Pine Flatwoods throughout the site. When one superimposes the applicant's line of delineation on the west strip of the 0.69 acres and deducts the exotic, the actual acreage within that line of scrub is .16 acres. The strips, as shown, total 1.29 acres. The actual scrub in both strips equals .66. The applicant had stated that he will infill those portions of the two strips that lie outside of the delineating line. She did not feel the Comp Plan of 25 percent setaside of Florida native habitat plant communities intends to utilize inflll or replanting infill as preservation, especially if one-half of the area needs infill. This is not preservation. If the applicant was intent on preservation, the preserve area should have been selected first, and the street and lot layouts second. The clearing of the acre on the east and the six 25 to 50 foot wide strips cleared for a tree survey took place July 10, 1995. The tree location survey was done August 23, 1995. Therefore, the environmental assessment could not reflect the original conditions in calculating acreage and trees. From her historic knowledge of 33 years of this site, sh~ felt the delineating line of 4.2 acres should be expanded. If the applicant was intent on preservation in accordance with the Comp Plan, then an area not requiring infill should have been selected. Relocation of scrub does not have a very successful re~ord. She found it ironic for the environmental assessment of November 8, 1995 to state that preserved areas will provide habitat for the wildlife when the dominant species, the gopher tortoise, was removed from this site. She asked how much wildlife will stay in a 55 foot strip that will be further diminished by the edge effect. Tiffs project is at the entrance to our City from the south and should be a quality project. The SlCsh Pines will be replaced by lots and streets. The 15.4 acre site deserves more preservation th~n 1.05 acres, especially when the Gentile environmental assessment of 1989 stated a 3.75 plus ac[e preserve. All the "A" sites being purchased in Palm Beach County have vines and exotics prqsent on them. Remove them, and the sites are still native. A line of Silk Bay trees, which are nahve, at least 20 feet high, existed to the southwest before clearing for the tree survey. She said she has been denied access, along with her biologist, to see if any exist to date. They are not included in the tree survey. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mrs. Rossi said the City should require at least 2 acres out of the 15 acre site, or the 1.29 acre native habitat preserve in one parcel, located as much as possible to the outskirts of the development which includes scrub and Pine Flatwoods. If not, we should abandon the 4.4 objective in the Comp Plan. She pointed out that the environmental assessment on page 10 states, "discourage tract equipment inithe preserve". She said it should say "prohibit". It also says that nature paths are not campatible in these small areas. The preliminary design shows Palms. Historically, only Sable eXists on the site. If non native vegetation is brought in, then it should be noninvasive to the preserve. She asked if the endangered cactus and endangered Wild Pine will be relocated to the preserves that appear on this site. Mr. Kirschner submitted a December 6, 1988 letter from George G. Gentile & Associates, Inc. to Adair & Brady as Exhibit "G". He read the following from this letter: "During our research regarding the wildlife, our office contacted Stella Rossi of the Coalition for Wildlife Habitat. Three years ago, the Coalition was thinking of purchasing the site. During this time, Mrs. Rossi visited the site and observed similar wildlife. She observed at that time, gopher tortoise and a grey fox residing on this site. However, she felt that the overgrown condition of the site caused these animals to leave, which is reinforced by our findings of abandoned gopher tortoise holes." Mrs. Rossi said she checked with the Game and Fish Commission and gopher tortoise do not n~cessarily leave a site because it is overgrown. They just find another burrow. Gopher tortoise ar9 famous for abandoning burrows and moving on to others. She asked how they could have b~en recently removed if they had abandoned the site. Mi. Kirschner said Mrs. Rossi had an opportunity to buy the property and if she did, she could ha~e used it for any objective she wanted to, including having a coalition for habitat. Mrs. Rossi sald the Coalition for Wilderness Islands was not set up to purchase property. It was set up to fir[d a mechanism to buy environmentally sensitive lands in Palm Beach County, and that was acComplished through the $100,000,000 bond issue. M~. Kirschner reiterated that according to this letter, the Coalition wanted to buy the property. NOw that Mr. Pinto has bought the property, which was in foreclosure and laid waste for years, th~ Coalition is going to attempt to stop the opportunity for development of it. This property is not environmentally sensitive. He pointed out that the City's staff has said the requisite amount of tree preservation is being done. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mrs. Rossi said she is not against the development of this property; however, she feels that the environmental aspects of this piece of land should be considered. Enrico Rossi, an engineer, referred to the schematic drainage that was submitted along with the application. He said the plan calls for two 20 foot strips; one along Swinton and one along Seacrest. These two strips are supposed to accommodate runoff from a high point within the project and running into these two swales. There have been comments made that these two strips are supposed to accommodate not only retention, which is done by depressing the ground, but then you are going to increase the height of the ground by putting mounds, walls, and plants on it. He did not think there is sufficient information to say whether these strips can accommodate all those conditions. He cautioned the City to look at this a little more closely. In addition, they are included as part of the lot, which is rather unusual. These buffers that are put aside for those purposes are usually identified as tracts. Gary Lehnertz, 619 S.W. 2nd Avenue, addressed the Commission as a citizen and as the Chdn: of the Loxahatchee Group Sierra Club. He stated that this development has traffic cimulation problems, negative traffic impacts on surrounding roadways, and negative impacts on the surrounding properties. The native setaside areas are absolutely abysmal and not nearly what we need and not nearly what was envisioned under the Comprehensive Plan when that was first developed and approved. The goal ora native habitat and setaside is to allow some place for native flora and fauna to exist and to continue to exist. To do that you need to max/mize the size, which means a single contiguous area, and minimize the boundaries. Every place that you have an edge, you are going to have some type ofinvasive situation and negative impacts. The plans show that maximizing the size has not taken place. There are two small strips instead of one large contiguous strip. The boundaries have been maximized instead of minimized. The landscape strips are supposed to be easements. A problem with an easement is that there is no assurance that this area is going to remain as an integral type ora boundary preserve. The people can tear down the fence, kids and animals can trample through there, and grass clippings can be ~e~ed in the preserve. It is not protected. Also, scrub is not the only type of native habitat. so have a lot of native upland habitat. The Comp Plan says to set aside native habitat. It ddes not say scrub, upland, or wetlands. He requested that the preserve area be at least 2 acres and ~n a single contiguous area w~th boundaries m~mrmzed. He asked the City Commission to deny this request. He felt the plan should meet all the requirements that are specified in the Comprehensive Plan. Vice Mayor Bradley asked Ms. Carpenter to comment on the benefit ora contiguous native habitat versus two individual strips. Ms. Carpenter said the two strips are the highest quality habitat. She stated that one preserve is usually better. With regard to the edge effect, she said 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 she works on at least 15 different sites that C&N manages. They continually clean them up. They put in edging. They are going to root prune along the edge of the preserve to try to prevent edge effects. She stated that it is something that the management plan addresses. She said her client was trying to preserve the highest quality when he did the original site plan, and at that time, he was not aware that one contiguous area would be more biologically sound. Mayor Pro Tem Matson asked if Ms. Carpenter agrees that the more edge there is, the more intrusion there will be, including runoff, fertilizer, and toxic materials running offinto the preserve. Ms. Carpenter advised that the management plan also addresses that. In the management plan, we have guaranteed that there would be no runoffbecanse the grade changes into the preserve. With regard to the root pruning, she and Kevin Hallahan worked this out to try to minimize the edge effect prior to any clearing. They are going to root prune three feet outside the preserve to minimize impacts to the preserve area. She pointed out that 65 feet is a fairly significant preserve. She has worked in many areas where there is only 30 feet of preserve. Israel Cohen, 922 S.W. 36th Avenue, said his neighborhood is opposed to this incompatible project. He expressed concern about Swinton Avenue being flooded with traffic. RiLhard Malooley, 821 S.W. 36th Avenue, had no problem with expansion and growth. However, he pointed out that this project has been approved for 40 home sites. The lots should be somewhat comparable and compatible to the area of Lake Eden, and that the homes be of copaparable and compatible size. He pointed out that there is not a lot of park area for the chil-dren, and this project does not take into consideration where the children are going to play. Mrs. Bernstein, 922 S.W. 33rd Place, expressed concern about the project's smaller and less expensive homes and the increase in traffic on Swniton Avenue. G6rald Skinner, 931 S.W. 34th Avenue, expressed concern about the traffic as far as the children art concerned. He also was concerned about the entranceway. In addition, he felt a light should beiput at the intersection of Mission Hill and Seacrest if there is going to be an entrance on SWinton. BOb LaLane, a local dentist, expressed concern about the traffic and the square footage. He stated that ifa bunch of small houses are going to be built in that area, he is going to petition for hi8 taxes to go down. Tony Danca, 24 N.W. 25th Street, Delray Beach, said his home, under air, is 4,000 square feet. He expressed concern about pesticides and other agents going into the ground, where the water is 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 eventually going to end up, maintenance of the area, and the children playing within 2 feet of Swinton Avenue. He pointed out that the public walkway is within 2 feet of Swinton. Jonathan Dwork, 154 Orange Drive, said he asked for protection for his neighborhood and did not get it. He requested protection for the neighborhoods of Lake Eden. Mr. Kirschner said it is incorrect that Newport Properties received any sort of citation or did anything wrong in terms of tree clearing. He stated that City staffsaid the lot sizes proposed, which are smaller than those of the surrounding single-family neighborhoods, will not likely have a ,egative effect on the property values of adjacent and nearby preserves. Staff required a 6 foot black vinyl chain link fence around each of the scrub areas and a definitive set of rules in the hqmeowners' association documents providing that this area cannot be transgressed by the unit owners. He did not see anything that said that the environment and the concerns were not being h~eded. When Mr. Pinto and Newport Properties bought the property, they bought knowing the current Code. They knew, under the existing Code, what they could do (9,000 square foot lots, 1,800 square feet homes). The Code says it is in the best interest of the City to promote PUD properties. Staff said this is a good project for the PUD. He pointed out that Newport Properties is g taxpayer also. They spent a lot of money buying a piece of property which, up to now, has been known as a distressed piece of property. We can and will comply with the Code. We will t~ to work with staffand the community. He asked the Commission to approve this rezoning as requested. MS. Heyden ran down the list of comments on Exhibit "J" and asked the applicant if he agreed to comply with each. COmments 1 through 4 Mr. Gentry agreed to comply with these comments. Comment 5 ML Gentry requested the sidewalk on one side of the private roadways. Comments 6 through 12 Mr. Gentry agreed to comply with these comments. - - 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Comment 13 Mr. Gentry believes the City Attorney informed the developer that this would have to be a tract and would not be acceptable as an easement. That would be agreeable to the developer. COmments 14 through 18 Mr. Gentry agreed to comply with these comments. Comment 19 Mt. Pinto stated that about 10 days ago, C&N Environmental had given Mr. Hallahan a modified plcn of maintenance, tightening up on some of the issues. Mr. Hallahan has not yet responded to thht.~ Mr. Pinto had no problem with this comment. COmments 20 through 22 MB. Gentry said comment 20 deals with the height of the fence, which is addressed in the new management plan. MS. Heyden said she met with Mr. Hallahan this afternoon and he is sticking by this comment. Mr. Pinto agreed to this comment., as well as comments 21 and 22. COmment 23 Mr. Gentry stated that this afternoon we tried to clarify that the total count was a count of all of thb trees and the developer will be responsible for those trees which do not fall within the b~iildable areas in the roadway, as required by Code. He felt this needs to be rephrased. City Attorney Cherof said this condition indicates that there were 211 trees on site, but the Code allows the removal of trees located within the buildable area and the roadways. He read this prbvision to mean that there are 211 trees, but that the final number will be 211, less the number o£trees in the buildable area and roadway. Mr. Gentry said the developer would agree to that. Mayor Taylor asked how many trees that would leave. No one knew, but Mr. Gentry said we will work with the City to make sure those trees are protected. 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 In response to a question from Ms. Heyden, City Attorney Cherof stated that there is no need for any amendment to the language in comment number 23, just as long as there is an aclmowledgement that all the parties agree that it means 211 less some unknown number of trees. Ms. Heyden stated that this is consistent with how we enforce our no net loss policy. Mayor Pro Tem Matson asked if the developer agrees that the three landscape buffer areas, and not the preserves, would~be the recipient areas for the appropriate trees. Mr. Gentry said the only thing we would do in the existing preserve areas is infill those areas where the survey lines went through. The remaining areas would be untouched. The buffers would be the recipient areas. COmment 24 Mt'. Gentry agreed with comment number 24. He stated that as previously discussed, the d~veloper is in agreement to comply with the landscape codes for the City, and that will be prbvided prior to final plan approval. Mayor Pro Tem Matson asked if the applicant would consider using trees larger than 8 feet. Ivlr. Gentry answered affmnatively. He said the developer wants an attractive product and will work with the landscape department to make sure that is expedited. It Fas the consensus of the Commission to require the developer to use 10 foot trees 20 feet on center. Mr. Gentry and Mr. Pinto agreed to this. Mr. Gentry stated that this was approximately what was depicted on the plan that was presented. Cbmments 25 and 26 MI:. Gentry agreed to comply with these comments. Comment 27 MI'. Gentry requested that the maximum building height be increased to 33 feet. Ms. Heyden eXplained the reasoning behind staffs recommendation for a maximum building height of 30 feet. The adjacent zoning district has a maximum of 25 feet. However, this does not allow for fl6xible designs with respect to cathedral ceilings. Therefore, staff recommended 30 feet. City Manager Parker said the square footage has an impact on the size and height as well. 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Comment 28 Mr. Gentry agreed to comply with this comment. Comment 29 Ms. Heyden requested that this comment be revised to read, "As a result of the traffic analysis conducted by Delray Beach, the applicant shall file a Comprehensive Plan amendment to Policy 2.2.9." Mr. Gentry agreed to this revision. Comments 30 through 35 Mr. Gentry agreed to comply with these comments. Comment 36 M5. Heyden request that this comment be revised to read, "provide a two-way entrance onto Seacrest Boulevard." This shall replace the 20 foot access utility easement shown on the plan. It is preferred that the entrance be aligned with Oesta Vista Drive. MS. Heyden said the comment regarding a street connection onto Seacrest Boulevard has been part of her department's comments from day one. The only revision is that earlier she was specifying the exact location of that street connection. Now she is stating that, as a result of the Delray Beach traffic study, as long as there is a two-way entrance onto Seacrest Boulevard, she has no preference where that street is located. Mr. Kirsclmer said comment 36 seems to reference the nature of the surface, not the nature of how many lanes there are. He would like to have the opportunity to review and discuss this. He did not want to make a commitment on something he has not previously seen. He was not sure hdw it would impact the rest of the plan. Comment 37 M~. Gentry agreed to comply with this comment, Further discussion of the unresolved comments ensued. MS. Heyden advised that comments 36 and 29 are tied together. 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Vice Mayor Bradley felt minimum size of the berm, minimum lot size, and minimum average under air building size should be added to the conditions. With regard to comment 36, City Manager Parker stated that the applicant would like emergency access and staff would like one-way egress out of the property for on site traffic, as well as the emergency access. We had modified that previously from their proposal for emergency access only. It was not just for the surface. It was also the on site traffic, gated exit from the site. Based on the Delray traffic study, Ms. Heyden amended it to be a two-way entrance and exit. Ms. Heyden referred to the following two handouts that she received today regarding the Police and Fire Departments' support of a two-way entrance onto Seacrest: Police Sgt. Marlon Harris' memo to Ms. Heyden, dated February 16, 1996; and Fire Prevention Memorandum No. 96-215. Comment 5 Mr. Pinto said the Code does not address the sidewalk issue on a private road. City Manager Parker said that was correct. She stated that we have other developments in the City that previously have been approved with sidewalks on one side of the road for local and collector streets that were private. However, staff felt obligated to make this comment since it has never been a policy change. Comment 27 Mayor Pro Tem Matson pointed out that the Code says 25 feet. City Attorney Cherof stated that the Code states 25 feet for surrounding neighborhoods only. As a PUD there would be no heig~ht limit specified. Comment 36 Mr. Gentry said this has been to the TRC several times, and he felt they were satisfied as long as we gave them the gate so they would be able to get through anytime for emergency access. The developer has agreed to make the exit out with the increased surface. Ideally, this is to buffer the influence of Seacrest on this development. Mr. Pinto said he called the County traffic people, and there has never been a request for a light at Mission Hill Road. He made that request and they told him they would have their study 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 completed by the end of March. He asked if he can address this issue whom he has something concrete from the County about a light on Mission Hill Road, which will be at the end of March. Commissioner Jaskiewicz agreed that a traffic light is needed at Mission Hill Road, even without this proposed project. City Manager Parker stated that the traffic study that was recently done by the City of Delray Beach discusses the dispersement of trips between Swinton and Seacrest. It really does not address the traffic light. Therefore, this is not exactly the same issue as that is being discussed. Mayor Taylor inquired about the level of service. City Manager Parker said the level of service that the County is using is level of service "D". The issue is that if there is an exit or entrance onto Seacrest, it would disperse some of the trips off of Swinton and Mission Hill. City Manager Parker advised that the City did not have a traffic engineer evaluate the traffic study or methodology submitted by Mr. Gentry. Vice Mayor Bradley would like the berm to be a minimum of 4 feet, instead of 2 feet. Mr. Gentry said we are proposing to set the wall back 5 feet and the normal slope, so that the grass can be cut and maintained is a 3 to 1 slope. A 4 foot berm would necessitate setting the wall back an additional 10 feet or so. Vice Mayor Bradley suggested 2,400 square foot minimum, under air, for the building size, with aa average of 2,700 square feet. Mr. Gentry proposed that the average be 2,400 square feet, under air. He believes this was discussed with the local homeowners. Mr. Kirschner asked the Commission to consider a minimum of 2,200 square feet undm' air. Vice Mayor Bradley would like to see 2,400 square feet as a minimum, and a higher average. Mt. Kirschner felt a minimum lot size of 2,200 and an average of 2,400 would be viable. Vice Mayor Bradley and Mayor Pro Tem Matson wanted a 2,400 minimum. Mr. Kirschner agreed to that. City Manager Parker advised that the lot sizes, including the preserves, were 9,000. However, since the developer has made th~m into tracts, the interior lots are less than 9,000. Therefore, it is going to be very difficult for him to get the 9,000 and keep the preserve areas as separate tracts. He has set aside the preserve are ~s as tracts instead of the easements so all the interior lots on 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 both of the preserve areas dropped to betwecm 6,000 and 8,000 square feet. Mayor Pro Tem Matson said this would kind of alleviate the environmental concerns she had because she would like to see the preserve in one tract rather than in two. City Manager Parker stated that this would entail designing the whole development. Mayor Pro Tem Matson did not feel this project is compatible with the surrounding homes. She would like the preserve area to be contiguous, and she would like larger lots. Motion Mayor Pro Tern Matson moved to table this until the March 5th meeting with the condition that all concerned parties meet to try to work out the outstanding issues. Mr. Kirschner objected to tabling this item. He said this is a quasi-judicial forum and he felt we have gone through the correct procedure. He felt it would be very inappropriate. Vlce Mayor Bradley seconded the motion for discussion purposes. He felt the momentum slipping away. He is in favor of enough dialogue occurring, but was afraid that more things will open up. He would like to see this matter handled tonight. Mayor Pro Tem Matson withdrew her motion. Mr. Gentry said we are providing 9,000 square feet on the perimeter lots, and that is not affected b~ anything. He propo.sed 7,150 square feet on the lots adjacent to the preserve, and the balance o~the perimeter lots would exceed the 9,000 square feet. Mhyor Taylor declared a recess at 10:01 p.m. The meeting resumed at 10:15 p.m. Mr. Pinto agreed to the following: Minimum square feet under air - 2,400 Average square foot under air - 2,600 29 lots at 9,000 square feet 27 lots at 7,180 or 7,150 square feet Mayor Taylor asked Mr. Pinto if he would consider a 4 foot berm. Mr. Pinto said he could not. Mk. Gentry said we are trying to maintain the width of the tow at the bottom of the slope, and the area you need is at a 3 to 1 slope for proper maintenance. If the berm is 2 feet, there would be 6 33 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 feet on either side of wall. We are proposing to set the wall back 5 feet. The slope would be a little steeper, but we could accommodate that. A 4 foot berm would necessitate us putting the wall back at least 12 to 14 feet. Mayor Taylor asked if the applicant was willing to provide a 3 foot berm. Mr. Kirschner I answered affh'mat~vely. Vice Mayor Bradley asked about an exit on Seacrest. Mr. Gentry still proposed that it be one w~y out for control. This will be a controlled, gated exit. IV~ayor Pro Tem Matson would like to see a minimum lot size of 9,000, the consolidation of the preserve, a 25 foot buffer and except for Swinton, 35 feet. V~ce Mayor Bradley inquired about one side of the sidewalk. Mayor Taylor had no objection to th~s, since we have allowed this in other developments. Sihce we are asking for the bigger houses under ak, Mayor Taylor was willing to allow the m ~ximum building height to be 33 feet. Vice Mayor Bradley and Commissioner Jaskiewicz at reed. Mayor Taylor summarized what the applicant has offered: 2,400 square foot minimum under air 2,600 square foot average under air a 3 foot berm along Swinton 33 feet in height a controlled, gated exit onto Seacrest 29 lots at 9,000 square feet 27 interior lots at 7,150 to 7,180 square feet M~tion COmmissioner Jaskiewicz moved to accept the project with the additions of the restrictions that w6 gave with regard to lot size as we just stated, the height of the buildings, and the exiting on Se~crest, and a 3 foot berm, as well as all the other staffcomments. Vice Mayor Bradley seconded the motion, which carded 3-1. Mayor Pro Tem Matson cast the dissenting vote. 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Project: Agent: Applicant: Location: Description: Boynton Beach Mall DeBartolo Corporation Thomas Marsicano Approximately 900 feet west of the intersection of Congress Avenue and Old Boynton Road DRI Amendment - Amend development order to change traffic conditions and buildont date Mhc Conahan, an attorney in Boca Raton, represented the applicant. He stated that in 1991 an amended development order was approved. Under the terms of that development order, the bu!ldout was anticipated to be 1993. The sixth store that we proposed to add was to be a Sears store. The economic problems that we were confronted with in the early 90's resulted in Jordan Marsh leaving their store and instead of Sears going into the new sixth store, Sears went into the Jordan Marsh store. We are now negotiating w/th and hope to bring another department store to the City of Boynton Beach. He asked for an extension of time from the 1993 date to the 1997 date. The amended development order only makes that change and four changes to traffic imProvements, a couple of which are no longer needed, and a couple of which are the result of Gateway Boulevard opening. That resulted in a couple of necessary turning movements. He believed that those traffic changes are in full accord from the top to the bottom. DOT, the region, anal the City have looked at those changes and have no objections. We are also leaving all other conditions in the manner that they were in 1991. The 1991 amendment itself resulted in significant concessions to the community concerns. NO one in the audience wished to address this issue. MU. Heyden clarified that all the conditions in the 1991 development order are remaining the same, with the exception of the following: To extend the buildout date and modify some traffic cO~aditions, some of which have already been implemented. State law says that it is in the C6mmission's purview to make a determination of whether or not this constitutes substantial deyiation. Staffrecommended that the Commission make a finding that it is not a substantial deviation, and approve Proposed Resolution R96-26. M~tion M§yor Pro Tem Matson moved to amend the DRI development order to change traffic conditions an~ buildout date for the DeBartolo Corporation, approximately 900 feet west of the intersection oflCongress Avenue and Old Boynton Road, with the mitigation conditions listed in Resolution R96-26. She further moved to approve Resolution R96-26 and to fmd that the requested changes 35 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 do not constitute a substantial deviation. Commissioner Jaskiewicz seconded the motion, which carried 4-0. Mayor Taylor inquired about the completion date. Mr. Conahan hoped to be back before the Commission with a site plan in April. VII. PUBLIC AUDIENCE This item was dispensed with earlier in the meeting. VIII. DEVELOPMENT PLANS Project: Agent: Applicant: Location: Description: High Ridge Commerce Park PID Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Northeast comer of High Ridge Road and Miner Road Use Approval - Request to amend the list of High Ridge Commerce Park PID permitted uses to allow wholesale distribution and service of turf equipment Mr. Ahrens represented the Kilpatrick Company. He advised that the use approval was ~mously approved by the Planning and Development Board. MR. Heyden advised that this is a request to amend the list of permitted uses at the High Ridge Commerce Park PID. Staff recommended approval subject to environmental review. MR. Heyden added that the applicant has already gone through environmental review. MOtion Cgmmissioner Jaskiewicz moved to amend the list of High Ridge Commerce Park PID permitted uses to allow wholesale distribution and service of irrigation supplies and turf equipment subject i . to enwronmental rewew. Mayor Pro Tem Matson seconded the motion, which carried 4-0. Project: Agent: Applicant: Location: Boynton Commercenter PID Frederick Roth, Jr., P.E. - Michael B. Schorah & Associates Boynton Commercenter, Ltd. Approximately 700 feet south of the southwest comer of Woolbright Road and 1-95 36 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Description: Use Approval - Request to amend the Boynton Commercenter PID list of allowed uses to include communication towers Mr. Roth read through the staff reports and had no comment relative to the use determination aspect. Vice Mayor Bradley asked if it would be possible to relocate the antenna across on the other side ofi-95 to keep antennas in the City altogether. Mr. Roth said he has reviewed this with the AT&T representative and he would consider moving the antennas to the ball field as an option. He would have to further review this from an engineering standpoint, as well as to try to determine what accommodations can be made with the ball field. Mr. Roth said if we were to be able to work out something on the other site, would we have to come back for the height exception again. City Attorney Cherof advised that it would have to go back through the height exception process. City Manager Parker clarified that this means the item would be tabled and placed back on the City Commission agenda for the next City Commission meeting. Mr. Roth would not have to go back to the Planning and Development Board. She said we will work with the applicant to iron out any details on the little league field site. City Manager Parker anticipates requests or towers coming in heavy. She advised that the Florida League is negotiating a State-wide contract with a tower construction fund to build one tower and the cities would lease space to the users, as opposed to having various tower sites all over the City. The City is talking with the Florida Leauge to try to implement this. Commissioner Jaskiewicz asked about the height. Mr. Roth said it is 100 feet. Mayor Taylor asked about the location. City Manager Parker stated that we currently have a Bell South Mobility tower at the little league field on Woolbright. The lightpoles at the little league field are 75 feet tall. Therefore, the one tower at 100 feet is not as noticeable there as it would be in stand-alone locations somewhere else in the City. Mr. Roth felt the proposed site is the best site for AT&T. This is not going to be an intrusive tower. It is nestled between the railroad tracks, the high overpass, and some existing buildings. However, he will diligently work with staff to come up with a location at the ball field. 37 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mayor Pro Tern Matson asked how long it takes to get the report back. City Manager Parker advised that both sites have to go through the DERM process, and that will be done as part of the site plan approval. ~V[ofion Vice Mayor Bradley moved to table this item until the next Commission meeting. Commissioner Jaskiewicz seconded the motion, which carried 4-0. Project: Agent: Applicant: Location: Description: Tara Oaks PUD Kieran J. Kilday - Kilday & Associates, Inc. for Pulte Home Corp. Tara Oaks Development Company East side of Knuth Road approximately 570 feet north of Woolbright Site Plan - Request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities M~. Kilday said he went through all the conditions and there were only two issues outstanding. H~ has been working with staffon these two issues, and they have been resolved. One issue de~t with tree relocation. Mr. Kilday agreed to the City Forester's conditions and submitted a rebised preservation plan. The City Forester has to sign offon that plan. The second issue dealt Mth the dumpster. We met with the Public Works Director this morning and agreed to go with a trash compactor system, subject to his agreeing to the exact location criteria. He has already suggested a location, and Mr. Kilday has to give him final dimensions on how it will fit on the plhn. VCith regard to comment nmnber 24, Ms. Heyden stated that we received a perservation plan d~ted February, 1996, which has not been reviewed by the City Forester yet. Therefore, she w~uld like comment number 24 replaced with, "Trees shall be replaced, relocated pursuant to the F~bruary 1996 tree preservation plan which is being reviewed by the City Forester." Also, cO~nment 54 should be replaced with, "A compactor shall be provided at the exit to the prpperty subject to the approval of the Director of Public Works." City Manager Parker added that the compactor area will be landscaped and screened. Mr. Kilday agreed. 38 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Motion Mayor Pro Tem Matson moved to approve the site plan to develop 14.47 acres of the Tara Oaks PUD for a 192 trait townhouse project with private recreation facilities on the east side of Knuth ROad, approximately 570 feet north of Woolbright, subject to staff comments. Commissioner Ja~ldewicz seconded the motion, which carded 3-1. Vice Mayor Bradley cast the dissenting vote. Project: Agent: Applicant: Location: Description: The Kilpatrick Company Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Northeast comer of High Ridge Road and Commerce Road Site Plan - Request for site plan approval to construct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park PID (lots 1, 2 and 3) Mr. Ahrens agreed with all of staffs comments. However, with regard to comment 25, he asked for clarification regarding where staff wants the slatting. Mr. Ahrens believes it is required from the northeast comer of the property back to the northeast comer of the building, and from the northeast comer of the property back to where the scrub pine is going to be preserved. This was acceptable to Ms. Heyden. Motion Mayor Pro Tem Matson moved to approve the site plan to construct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park PID (lots 1, 2 and 3) at the northeast comer of High Ridge Road and Commerce Road, subject to staff comments and the granting of the variance by the Board of Zoning Appeals. Vice Mayor Bradley seconded the motion, which carried 4-0. Height exception for Boynton Commercenter for 100 foot communication tower for AT&T This item was tabled to the next Commission meeting. IX. NEW BUSINESS None. 39 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 X. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 096-02 Re: Amend Nuisance Abatement Ordinance This item was dispensed with earlier in the meeting. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 096-04 Re: Adopt amendments to the General Employees Pension Fund This item was dispensed with earlier in the meeting. 2. Proposed Ordinance No. 096-05 Re: Adopt amendments to the Police Pension Fund This item was dispensed with earlier in the meeting. C. Resolutions 1. Proposed Resolution No. R96-26 Re: Change to development order for the Boynton Beach Mall DRI This resolution was approved in conjunction with Item VI.D. D. Other NOne. 9:30 p.m. Executive Session as provided by F.S. 286.011 to discuss the following lawsuit: P~oposed Settlement for The 300 Properties Association vs. City of Boynton Beach A~ this time, City Attomey Cherof advised that this is an executive session under 286.011 Florida statutes, where the Commission recesses to discuss out of the sunshine litigation that is pending against the City. The plaintiff in this lawsuit is 300 Properties Association. It involves the 40 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Meadows area. The people in attendance at the executive session will be the members of the Commission, the City Manager, and the City Attorney. This session will last approximately a half an hour, at which time the Commission will remm from this recess and continue with the rest of the business. At 10:50 p.m., Mayor Taylor declared a recess. The meeting resumed at 11:32 p.m. XL UNFINISHED BUSINESS A. Consideration of final items on Residential Appearance Code ........... TABLED This item was left on the table. B. Discussion and possible appointment to f'ffi vacancy in District 1 until next General Election on March 12, 1996 ...................................................... TABLED Motion Mayor Pro Tem Matson moved to eliminate Item XI.B from the agenda. Vice Mayor Bradley sebonded the motion, which carried 4-0. C. Cemetery Issues City Manager Parker requested that this item remain tabled until the March 5th meeting. MOtion Mayor Pro Tern Matson moved to table th~s item. Vice Mayor Bradley seconded the motion, which carried 4-0. XII. CITY MANAGER'S REPORT City Manager Parker reported that the medians on Gateway Boulevard and Woolbright Road, the DOT is starting the design at those two locations next month. Construction is anticipated within six to eight months. vice Mayor Bradley asked about the interchanges. City Manager Parker advised that only Baynton Beach Boulevard was approved for next year. 41 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mayor Pro Tem Matson asked if anything will be put around the sign in the median at Congress. City Manager Parker said we can put some ground cover there. Commissioner Jaskiewicz asked about the sound wall. Vice Mayor Bradley said the sound wall or~ the east side ofi-95 has been approved all the way through. They will bid that work in the next couple of weeks, and the work will start in April. XIII. OTHER None. XiV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adioumed at 11:37 p.m. ATTEST: Recording Secretary (Five Tapes) CITY OF BOYNTON BEACH 42 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS FEBRUARY 20, 1996 III. CONSENT D. 3.l AERIAL DATA REDUCTION ASSOCIATES INC ................. $ 21,519.00 Automated Design Base Maps Pay From W & S Util Rev Fund -- 421-000-0-690-21, $10,759.50, 421-000-0-691-21, $10,759.50 ERNST & YOUNG, LLP . $10,200 00 Pro. Services Interim Billing Through 1/31/96, FY 1995 Audit Pay From Gen Fund -- 001-131-5-466-00 INSITUFORM SOUTHEAST INC ............................... $ 48,619.00 P.O. 10992. Clean/Reconstruct Sewer Line Pay From W & S Util Rev Fund -- 421-000-0-691-21 INSITUFORM SOUTHEAST INC ............................... $16,319.00 P.O. 10311. Sewer Main Rehabilitation Project Pay From W & S Util Rev Fund -- 421-000-0-691-21 MONTGOMERY ENVIRONMENTAL INC ....................... $ 89,425.26 P.O. 9979. CH Remediation Complex, Pymt Original Contract Change Orders Adjusted Contract Payments to Date Current Payment Contract Balance $ 414,406.00 31,033.40 445,439.40 197,343.00 89,425.26 $158,671.14 Pay From Public Serv Tax Const -- 301-194-5-634-12 COMrv lSS OiX APPRovAL 10. MOYLE, FLANIGAN, KATZ, FITGERALD & SI[EEl]AN .......... $12,206.50 Legal Service Throug~ 11/30/95 Pay From Self Ins Fund -- 622-195-5-468-00 PB.C. SOLID WASTE AUTHORITY ............................ $171,902.58 December, January Landfill Use/Sweeper Use Fees Pay From Sanitation Fund -- 431-341-5-490-01, $170,152.58, Pay From Gen Fund -- 001-411-5-490-01, $1,750.00 SCRWTD BOARD ............................................ $181,750.91 January 1996 Treatment/Disposal Charges Pay From W & S Rev Fund -- 401-353-5-490-09 STATE OF FLORIDA/DVN OF UNEMP. COMP .................. $12,425.33 Reimbursement for Claims through 12/31/96 Pay From GC Rev Fund -- 411-726-5-132-00, $13.38, Pay From W & S Rev Fund -- 401-395-5-132-00, $2,750.00, Pay From Gen Fund -- 001-194-5-132-00, $9,661.95 ZEAGER HARDWOOD ........... ; ............................. $ 8,062.50 P.O. 11319. Balance Due for Playground Materials Pay From Misc Trust Fund -- 691-000-1-693-25 SUGAR SAND SCIENCE PLAYGROUND ........................ $ 20,236.20 Purchase of Playground Materials Pay From Misc Trust Fund -- 691-000-1-693-25 COMMISSION fEB Ig0 APP~OVA~ 1 THE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT~ HEADS INVOLVED. DIANE REESE, DEPUTY FINANCE DIRECTOR I tHEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER CO vl-M!SSiON fEB g0 APPROVAL