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Minutes 01-16-96MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 16, 1996, AT 6:30 P.M. PRESENT Mayor Gerald "Jerry" Taylor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Sb. Jrley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:31 p.m. B. Invocation The invocation was offered by Rev. John Block of St. Mark Catholic Church. : C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Commissioner Rosen. D. Agenda Approval 1. Additions, Deletions, Corrections City Manager Parker requested that Item X.C. 1 be tabled because the applicant she has offered the position of police chief to has not confirmed his acceptance. City Attorney Cherof suggested that the Commission consider removing Item VI.A from the agenda because he has not had the opportunity to research an issue which arose today with respect to one of the staff comments regarding an easement in the preserve area. Mayor Pro Tern Matson also had some concerns about this item. She referred to the letter that was sent to the Director of Planning and Zoning of the City of Boynton Beach from the Director of Planning and Zoning of the City of Delray Beach. This letter states that the traffic analysis of the Gulf Stream Boulevard extension has not been done. Mayor Pro Tem Matson was concerned about that, as well as the downsizing to zoning categories. She stated that the City had asked for 25 percent of environmental set asides. She asked City Attorney Cherof if this issue has been addressed. City Attorney Cherof advised that it had not. Mayor Pro Tem MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Matson would like to table this item until the Commission has all the necessary information. She also felt that this item should go back to the Planning and Development Board because the plan is entirely different than what they had voted on. Mayor Taylor agreed that this a substantial change. Motion Mayor Pro Tem Matson moved to remove this item from the agenda and send it back to the Planning and Development Board. She did not want to see it until all the information on the setbacks, traffic analysis, and fenced easement is received. Vice Mayor Bradley seconded the motion, which carried 5-0. 2. Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Bradley seconded the motion, which carried 5-0. II. ADMINISTRATIVE A. Accept resignation from Helen Voelxen, Alternate Member, Advisory Board on Children and Youth Motion Commissioner Jaskiewicz moved to accept Helen Voelxen's resignation from the Advisory Board on Children and Youth. Mayor Pro Tern Matson seconded the motion, which carried 5-0. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Accept resignation from Rhennie K. Givhan, Municipal Firefighters' Pension Board MOtion Mayor Pro Tem Matson moved to accept Rhennie Givhan's resignation from the Municipal Fffefighters' Pension Board. Commissioner ~Jaskiewicz seconded the motion, which carried 5-0. C. Appointments to be made Appointment To Be Made IV Matson II Bradley IV Matson 1V Matson IVi Matson IV Matson IVi Matson IV! Matson IIIi Jaskiewicz IVI Matson M~yor Taylor Bradley I~! Jaskiewicz IVI Matson MAyor Taylor M6tion Board Bldg. Bd. of Adj. & Appeals Alt Cemetery Board Alt Adv. Bd. on Children & Youth Alt Comm. Redev. Adv. Board Reg Code Enforcement Board Alt Adv. Bd. on Children & Youth Reg Adv. Bd. on Children & Youth Reg Board of Zoning Appeals Reg Education Advisory Board Sm Bldg. Bd. of Adj. & Appeals Alt Education Advisory Board Alt Adv. Bd. on Children & Youth Alt Education Advisory Board Reg Education Advisory Board Reg Municipal Firefighters' Pension Reg Length of Term Expiration Date Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED 1 yr term to 4/96 TABLED 1 yr term to 9/96 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED 2 yr term to 1/98 TABLED Term expires 4/96 TABLED Term expires Term expires Term expires Term expires Term expires Term expires Vibe Mayor Bradley moved to remove the tabled appointments from the table. Tern Matson seconded the motion, which carried 5-0. 4/96 TABLED 4/96 TABLED 4/96 4/96 4/97 4/97 Mayor Pro MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Mayor Pro Tem Matson appointed Pam Winters as a regular member to the Community Redevelopment Advisory Board, and moved up Nellie Denahan from an alternate to a regular member of the Education Advisory Board. Both appointments were made without objections. Vice Mayor Bradley appointed Candace Smith as an alternate member to the Cemetery Board, without objections. COmmissioner Jaskiewicz appointed David Weinstein as a regular member to the Education Advisory Board, without objections. Mayor Taylor appointed Irene Mandel as an alternate member to the Education Advisory Board, without objections. He stated that Mrs. Mandel is a mother of school aged children. She has been a member of the PTA for years, and currently works for the Palm Beach County School Board as a teacher's aide. She has also been a school bus driver. MOtion Commissioner Jaskiewicz moved to table the remaining appointments. Vice Mayor Bradley seconded the motion, which carried 5-0. III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of January 2, 1996 No additions, deletions, or corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Award annual contract for PVC Schedule 40 and 80 irrigation supplies to the lowest vendor for each category for various departments The Tabulation Committee recommended awarding this bid to the overall lowest vendor for each category. 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 2. Approve purchase of submersible pump from A. Guthrie and Associates in the amount of $51,534.00 for Ut'flity pumping stations This purchase is outlined in Requisition No. 77695. 3. Award bid for Annual contract for Custodial Services for Various Parks to Brown's Cleaning Service for $1,132.09 per week The Tabulation Committee recommended awarding this bid to Brown's Cleaning Service of Boynton Beach, Florida in the amount of $1,132.09 per week for 30 weeks, for a total of $33,962.70. C. Resolutions 1. Proposed Resolution No. R96-08 Re: Supporting the dissolution of the South Lake Worth Inlet district and the assumption of the operation and maintenance of the South Lake Worth Inlet by Palm Beach County D. Approval of Bills Ailist of these bills is attached to the original minutes on fee in the City Clerk's Office. E. Approve budget transfer to adjust budget amounts to reflect actual balances to carry forward (Adopted 95/96 Budget amounts were estimates - CIP Fund) This Budget Transfer Request was submitted by the Finance Department. F. Payment of Bills - December 1995 Alist of these bills is attached to the original minutes on file in the City Clerk's Office. Motion COmmissioner Jaskiewicz moved to approve the Consent Agenda. Commissioner Rosen seconded the motion, which carried 5-0. 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements 1. Joint meeting between the City Commission and Coalition of Boynton West Residents Association - Thursday, February 8, 1996, at 4:00 p.m. - Library Program Room located at 208 South Seacrest Boulevard Mayor Taylor made this announcement. 2. Special City Commission Meeting - Thursday, February 15, 1996, at 4:00 p.m. - City Hall Commission Chambers a) General Election Issues - Receipt of Candidates' Nominating Petitions and General Election Proclamation b) City Advisory Boards Mayor Taylor made this announcement. B. Presentations 1. Proclamation - Burn Awareness Week - February 4 - 10, 1996 Mayor Taylor read a proclamation declaring Feb~ary 4 through 10, 1996 Burn Awareness Week, and presented it to a member of the Shriners. On behalf of the entire community, he commended all the good work that the Shriners have done. He stated that the Shriners are vary instrumental in the children's burn hospital. 2. Presentation of award to Recreation & Parks Department by Mike Hazlett, American Earth Friendly, Inc. Mr. Hazlett, Vice President/Dkector of Operations with American Earth Friendly, presented a~ award and certificate to Charles Frederick, Director of Recreation and Parks, for his education and the general knowledge of his department with regard to using recycled products throughout the City. Mr. Hazlett stated that American Earth Friendly did the boardwalk on 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 the beach out of recycled plastic, as well as a lot of picnic tables and benches throughout the City parks. Mr. Frederick accepted this honor on behalf of Mayor Taylor and the Commission, stating that they were willing to take a chance and allocate the funds for these new products. Mayor Taylor thanked Mr. Hazlett, stating that he was very proud of the boardwalk on the beach. BIDS None. VI. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Hills of Lake Eden PUD POSTPONED TO JANUARY 16, 1996 Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc. Newport Prope~es, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Blvd. Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 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). This item was removed from the agenda. (See discussion under Item I.D. 1.) Impasse Hearing reference collective bargaining agreement for FY 1995/96 between the Fraternal Order of Police (FOP) (Sergeants & Lieutenants) and the City of boynton Beach This item was discussed later in the meeting because the representatives of the Police Department were not yet present. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 VII. PUBLIC AUDIENCE Dee Zibelli, 440 Ocean Parkway, is a member of the Community Relations Board, but appeared before the Commission as a private citizen. She stated that the Ezell Hester Center is a tremendous asset to the community. However, as a public facility, she thought it was open toall taxpayers. She stated that when the City organized a meeting on January 9, it became a public meeting. She said three members of the Community Relations Board attended this meeting; however, two other members were advised by Wilfred Hawkins to leave the meeting. She stated these citizens are active members of the Community Relations Board, and the Community Relations Board has helped resolve some of the problems at the Seacrest Apartments. She said it was a meeting held in a public building to better the City as a whole, and she did not feel it was appropriate to turn away anyone. She felt everyone should work together on problems and to exacerbate the potential of our City, not to divide. She said concerned members of this community have been embarrassed. Si! Velto, President of Kings Bay House in Crown Colony and Ocean Ridge, had a problem wi~h the strobe light on top of the water tower. Caroline Tomins spoke on behalf of her mother, Caroline Keeting, a resident of Crown COlony. She read a letter addressed to Mayor Taylor and the Commission. The letter stated that in mid November, she contacted Mayor Taylor's secretary and advised her that the light o1{ the water tower was extremely annoying to the residents of the Crown Colony Club at Oc~ean Ridge. At that time, the light was temporarily out of order. However, in December th6 light was reactivated and four additional plug lights were added. The lighting is excessive, and there is a constant flickering. The light interferes with the residents' sleep and is not couducive to the tranquility of the area, which is one of the reasons they moved to this ne!ghborhood. She requested the Commission to make some changes to this light so that the residents can continue to enjoy the scenery and lifestyle they expected when they moved to this area. Mayor Taylor informed us that this is the first time he has heard of this concern. He will look into the matter. Christine Liberti owns a crypt at the Boynton Beach Mausoleum where her daughter is entombed. For the last year, she has been trying to have a photo emblem placed on the front of. ~.er daughter's crypt. . However, Mr. Osborne told her she cannot do that because it is not m ~ls catalog, and it would take away from the appearance of the mausoleum and its uniformity. Mrs. Liberti said she has seen these photo emblems on many mausoleums and on tombstones in the cemetery, and they do not take away from the appearance. She petitioned MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 for special dispensation to have the Lake Worth Monument Company furnish and install a photo emblem on her daughter's crypt. Mayor Taylor said he read the minutes of the Cemetery Board meetings and understands there is 'a difference of opinion about what can and carmot be placed there. He believes this will be coming to the Commission, via the recommendations of the Cemetery Board, for final settlement. He promised that Mrs. Liberti will be contacted at that time. C~ifford Bell owns Bell's Quick Stop at 130 Martin Luther King Boulevard. He has been haying problems since he has started his business a year ago. He said he has previously co~nPlained to the Police Department and the City about people hanging around his store and retiring things up, and they told him they could not do anything. He asked the Commission what he can do. Mayor Taylor asked if "no loitering" signs have been posted. Mr. Bell said he posted one in front of his store. City Manager Parker was glad Mr. Bell was here this evening. She understood that Mr. Bell was concerned about some of the requirements that the City was asking him to do at h~s business. She will make sure he gets a list of the requirements, and have the Police D~partment work with him to clean up his property. Vi~e Mayor Bradley stated that the Police Department cannot solve these problems alone. He w~s glad Mr. Bell was interested in working together to solve these problems. Mgyor Taylor was glad Mr. Bell is getting involved. He guaranteed him that the City will w6rk with him. He believes that before the Police Department can act on loitering signs, the signs have to be officially issued from the City. City Manager Parker added that the City will walk Mr. Bell through the process and help get his business up to code. Ja~es Miriam, 728 N.E. 8th Avenue, was concerned about the repair work being done on Bo~nton Beach Boulevard from 1-95 to Federal Highway. The roads, curbs, and sidewalks have been left torn up. A dangerous sitUation exists at the corner of Boynton Beach Boulevard an~ Federal Highway. At that corner, there is a ditch that was dug for curbing. It is ba~:ricaded, but traffic is very tight. He asked the Commission to see that the job gets done. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 City Manager Parker advised that DOT is doing this work. The work on Boynton Beach Boulevard will be intermittent for the next 12 months. After that, work will begin on Federal Itighway. Therefore, Boynton Beach Boulevard and Federal Highway will be in some state of construction for the next two years. This is managed by the State, not the City. Mayor Taylor stated that big projects like these take time. The area is well barricaded, and the City will look out for any safety hazard. No one else wishing to speak, Mayor Taylor declared the public audience portion of the agenda closed. Vi. PUBLIC HEARING B. Impasse Hearing reference collective bargaining agreement for FY 1995/96 between the Fraternal Order of Police (FOP) (Sergeants & Lieutenants) and the City of Boynton Beach City Attorney Cherof explained this process. He said this is the Commission's opportunity to resolve an impasse in the collective bargaining negotiations between the Union and the City representatives. This public hearing affords the Commission the opportunity to hear the pgsition on the issues that are at impasse from both sides, independent of each other. Fgllowing the presentations, it is the responsibility of the Commission to make a decision that islin the best interest of the public with request to the impasse issues and to announce that p~blicly. The Conunission's decision will be reduced to writing and submitted to both parties fo~ signature. Dele Sugerman is the Assistant City Manager, Human Resources Director, and the City's Chief Negotiator for all collective bargaining activities. He distributed the materials that are attached to the original minutes of this meeting, and reviewed them during his presentation. He quoted the following from Dr. Randolph Pohlman, Dean of Nova Southeastern Uhiversity's School of Business and Entrepreneurship: "Compensation of employees within an organization must be based upon the market value of the services and products that those employees provide. One of the reasons that we are seeing a lot of downsizing today is that we have gotten accustomed to this very bloated system that often pays people either far more or far less than the value they create. What must be understood by everybody is that individuals inan 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 organization must be compensated based on the value that they create for that organization and for society. Over the long term, this is not a decision that the firm has the luxury to make, but instead is made by market forces." My. Sugerman said there is a collective bargaining agreement between the City and the Fraternal Order of Police, which represents the City's Sergeants and Lieutenants. The cOntract rtms from October, 1994 until September, 1997. There are two articles in the contract that are considered "reopeners" for years 1995 and 1996. The two reopeners are wages and the pay plan. Negotiations of these two reopeners began on July 6, 1995. Prior to thht, the City Manager's Office did some research on how sergeants and lieutenants in the B9ynton Beach Police Department fared versus the marketplace. Two sources were used for this salary survey information. The f'ncst one came from a group called PEPIE (Public EmPloyer's Personnel Information Exchange). PEPIE is the local organization of Human Rqsource Directors in the tri-county area (portions of Dade, Broward, and Palm Beach COunties). The second salary survey information data base came from the Florida League of Cities. B0ynton Beach fell fourth highest on the PEPIE salary survey information for the sergeants bargaining unit, dated March, 1995, with a mid-point salary of $45,001. The Florida League ofiCities' survey, dated March, 1995, is a much broader survey and was conducted throughout the State of Florida. It includes most of its member cities, as well as cities in central and northern Florida, and much smaller cities than Boynton Beach. This salary survey showed that Boynton Beach has a minimum salary of $35,256 for sergeants, a maximum salary of $5~,745, and an average actual salary of $48,404. The state-wide average minimum salary is $2~,431. The maximum salary is $40,852, and the average actual salary is $37,009. Tile chart titled "The Comparative Base Pay of Police Sergeants (07/31/95)" showed all the B(~ynton Beach Police Sergeants' actual salary trends (base pay only) over the last five years. A Lhart of the total annual compensation of our police sergeants showed the total compensation (t~e cost to the citizens and taxpayers for each of these members of this bargaining unit). It includes additional costs to the taxpayers, such has holiday pay, career incentive pay, Social SeCurity, life, health, and dental insurance premiums, pension, and workers' compensation insurance. The PEPIE survey information for police lieutenants (March, 1995) shows that Boynton Beach falls second highest, with a maximum salary of $63,336. The Florida League of Cities' su 'vey shows that Boynton Beach has a minimum salary of $40,851, a maximum salary of MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 $63,336, and an average actual salary of $58,849. The state-wide average minimum salary is $32,580. The state-wide average maximum salary is $45,381, and the state-wide average actual salary is $42,047. The chart of the base pay and the total armual compensation for our police lieutenants was displayed. Mr. Sugerman stated that once all this survey data was reviewed, City Manager Parker said she could support and defend, before the City Commission and the citizens and tmxpayers of the City of Boynton Beach, paying our sergeants and lieutenants in the top quartile of the wage market; i.e., we would be prepared to defend and pay our employees within the top 25 percent of all employers across the State of Florida, fully ahead of 75 percent of the rest of the State. We feel that being in the top quartile would both attract and retain good quality police se~;geants and lieutenants. We believe that these employees are already within that top quartile and are paid better than 75 percent of the brethren in other cities, and that their wage and benefit package is very competitive. After four or five negotiation sessions, the City came up with specific contract language. (S~e attachment to original minutes.) The Union countered with proposed language. ML Sugerman summarized the similarities and differences of the City's proposed language and the Union's proposed language. Both the City and the Union take the position that the current 2 percent step plan available to the sergeants and lieutenants will remain the same; i.e., on the anniversary date of the employee, subject to a satisfactory or better performance evaluation, they can receive an increase of 2 percent in their base pay. It is the City's position that no cost of living adjustment (COLA) should be granted during the co~tract year. However, the Union has asked for a 2 percent COLA, effective September 30, 19~6. This amount would go into the base of the employee and then would have the ratcheting upl effect of all the additional costs which are a percentage on top of that base. It would also es~ahhsh a new base for each succeeding year. Presently, the contract is silent on the issue of a pay plan cap. The City has taken the position th~it the pay plan is to be capped at the current number of steps. The Union feels there should beino pay plan cap. The City has offered one additional item for the next contract year as part of the wage package. The City realizes that the employees are looking for an additional COLA 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 adjustment, but the City cannot afford to pay that in cash. The City also believes that they are paid well enough in cash. Therefore, the City has offered them a non-cash item. An additional eight hours of non-accrued leave would be granted per officer during the next contract year. However, this cannot trigger overtime and can be denied if it does because of minimum manning requirements. Also, it may not be grieved if it is denied. Inl sttmmary, the City believes that the package offered by management to this Union is fair, equitable, and meets the goal of keeping our sergeants and lieutenants in the top 25 percent of all similar employees across the State of Florida. The City believes that the Commission should fmd that the package the City has offered this Union is what should be put into place for fiscal year 1995/96. P~I Fafeita, the State FOP representative for the Boynton Beach Police Sergeants and Lieutenants, stated that the sergeants and lieutenants feel that the negotiation process was not be~n done fairly. Last year, the contract was negotiated with City Attorney James Cherof, W~lliam Sullivan, Captain Steve Grenier, Arthur Lee, and Rosemarie Lamanna. At that time, thc FOP agreed to a zero percent COLA because the City could not afford it. They were gi?en 20 hours of non-accrued leave time with the understanding that the City would work wi~ them this year. This year, the sergeants and lieutenants began negotiating with M~. Sugerman, who was the only one at the table on behalf of the City, and was not part of the bargahfing team last year. The City immediately offered the sergeants and lieutenants a zero percent COLA. The City also presented, in writing, the take away of the step plan, w~ich was not negotiable this year. Either Mr. Sugerman was not aware of that, or opted to present it anyway. The lieutenants and sergeants became outraged that something that was not negotiable was being put on the table and was, in fact, a take away by the City. After much discussion, the City pulled that proposal and kept the zero percent COLA on the table. We m{ntioned to Mr. Sugerman conversations that we had with the bargaining team last year wl}en the zero percent COLA was discussed. Mr. Sugerman had no knowledge of that. We tol~l him that the City had mentioned to us, in closing out the contract last year, that 1995/96 wpuld be a better year. Mr. Fafeita asked what happened to the proposal that was made at the tal~le and promised by the City last year. Mi. Fafeita said we began negotiating this year and our initial proposal was 4 percent. Last year, we received zero. Therefore, the officers, sergeants and lieutenants felt that 4 percent was a fair price to begin negotiating, based on the cost of living for the last two years thrpughout the southeastern states. We reduced the 4 percent to 2 percent and then, after m~ch discussion concerning the 2 percent, went even further and agreed to accept a 2 percent 13 MINIfrES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 COLA, effective September 1, 1996, which would have no fiscal impact on the 1995/96 year for the City of Boynton Beach. Mr. Fafeita felt there should have been other cities included in the wage surveys presented by Mr. Sugerman. He felt it may have shed a little light on what is actually going on. He stated that Mr. Sugerman said the City wants their officers to fit into the middle of the pay plan of the departments in the area; to be average. Mr. Fafeita contended that every four or five years, cities like Boynton Beach look for new city managers and new police chiefs. He stated that our sergeants and lieutenants have grown with the Boynton Beach Police Department and the City of Boynton Beach, and they do not intend to leave. They are the mid managers who train, supervise, and secure in the citizens' minds that the city streets will be safe. They were not hired at their current rank. They have earned it by virtue of years of service and by a promotional process. The City of Boynton Beach Police Department is not average. It is an exemplary police department. The citizens of Boynton Beach are not average citizens. The pay that the sergeants and lieutenants are requesting is in line with the services they are providing. They will continue to serve the citizens of Boynton Beach regardless of the outcome of this impasse. They are not going to slow down, retire, or resign. He asked the City not to send them a message that for the second year in a row they will be getting the same type of pay raise that they received last year, which is zero. He said they serve better, and the citizens deserve the best. Approximately 30 officers had been hired by the Boynton Beach Police Department in 1995 to replace officers who have left. The sergeants and lieutenants are continuously training and trying to put officers in the best positions to serve the citizens. That is a tremendous re§ponsibility and they have honored it and will continue to honor it. Mr. Fafeita requested that negotiations be reopened for the junior officers, whose pay is far below that which has been shown tonight and that discussion of a pay plan for the future be initiated. He said the Ci{y perceives that the pay plan has a cap. The Union perceives it to be open-ended. The Union wants the pay plan to indicate where the sergeants and lieutenants have the ability to be in 20 years. Mr. Fafeita said the pay plan has changed several times. In the last couple of years, there have been numerous issues dealing with pay. Step plans have been frozen, zero COLAs have been accrued, and there is no tmiform process to be paid. He said this is very important when you are trying to raise a household and project the future. Mr. Fafeita stated that a fair COLA was mentioned last year at the table and all the Union is asking for is fair treatment and for the City to adhere to what it had mentioned last year. 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY16, 1996 SgL Charles Kuss commented on the printed material presented by Mr. Sugerman this evening. He stated that one of the reasons we are at impasse is that we felt that things were no[ going fairly. He said Dr. Pohlman's quote deals somewhat with a free market system. As a police sergeant with 15 years experience, he cannot take his talent package and sell it in the open market. If he were to leave the City of Boynton Beach, he would start as patrolman. He does not have a marketable talent. He catmot sell his marketable skills to any other city. In order to excel and climb the ladder, he must stay with Boynton Beach. Therefore, he puts his faith in the City that they are going to pay him over the years with merit or some cost of living in order to pay him back for the increases he makes in his own talents and other advances. SgL Kuss stated that the sergeants are in agreement with the merit system and do not object to being judged based on their skills, abilities, and performance level. He said Boynton Beach looks very attractive in the comparisons shown by Mr. Sugerman. He hoped the Commission does not have the mentality that 75 percent or average is good or all right. There are other cities that come into that 75 percent bracket. He asked the Commission if they want those cities' sergeants running this city. He asked if they would like a lower priced sergeant running this city. sgt. Kuss said the figures shown on Mr. Sugerman's charts are inaccurate. They are a little higher than what he actually receives. He has 15 years of police experience. He has a Bachelors Degree in Criminal Justice. He graduated first in his police academy class. He regeived an in constitutional law in a class that he took at Broward Community College. Hi received 100 on the constitutional law test in the academy. He has been through about 800 ho~rs of classes (SRT, robbery investigation, vice narcotics, investigative skills, administrative gr{mt writing, etc.) since he has been hired. He said this is what you get for your money. In th~ open marketplace, you get what you pay for. He felt the figures on the surveys are intlammatory because they do not really shown what you are getting for your money. Tile City of Boynton Beach is in a precarious position now because we are changing chiefs. Tills will be the fifth chief he has worked under since he has been here. We are involved with th~ Wrice Process, community policing, and some transitions. The City continues to grow. Tile sergeants and lieutenants are an extremely important cog in the wheel. Police sergeants and lieutenants save the City millions of dollars in lawsuits everyday by making sure the p~ trolmen are doing their jobs properly. Police sergeants see to it that the City runs smoothly. te captains, chiefs, and deputy chiefs are very bright; however, they do not see things until next morning. The sergeants and lieutentants are out there making sure that we are not 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 instigating unnecessary lawsuits, etc. Therefore, the money you save by having well-paid, well-trained, sergeants is well worth it. Sgt. Kuss said the sergeants and lieutenants have not received a cost of living adjustment in a v~ry long time. There were some freezes in merit to adjust the contract some years. The sergeants and lieutenants understand the City's position and have worked with the City year after year. Their bargaining unit is very agreeable and amiable. This is the first time that he recalled coming to impasse. They do not think a 2 percent COLA is exorbitant. The City has been cognizant of what it has been paying them all along. Every year they negotiated with the C!ty, and the City was aware of what they were paying the sergeants and lieutenants compared toiother cities, and they were happy with that. Suddenly, the mentality is changing. Sgt. Kuss did not want to be 75 percent. He wanted to be the best in the County. That is what he strives for and that is what he wants to get paid for. He felt it was unfortunate to have the mentality that it is all right to be less. He said the sergeants' union and the lieutenants' union have conceded pay raises going back ten years. The cost of living is important to them because the cost of living for 1995 was 3.7 percent: M~. Sugerman distributed a chart which he failed to include in the original packet. It showed thC pay adjustments received by the sergeants and lieutenants versus the pay adjustments received by the general employees over the last few years. Effective October 1, 1994, on their bare, all members of the bargaining unit advanced in pay at the rate of 5 percent per step up to tt~ee times. Some employees received three 5 percents during contract year 1994/95. Raises were as high as 15 percent, and they moved into the step which they would have occupied had they not been previously frozen in steps in earlier contract years. In 1994/95, the general e 'ployees received a 2 5 percent increase In 1993/94, sergeants and lieutenants received a 4 pe[cent retroactive increase to October 1, 1993. The general employees received 3 percent on September 30, 1993. It was then equalized to 4 percent during the year. In 1992/93, the general employees and police sergeants and lieutenants received 3 percent. In 1991/92, everyone's pay was frozen and everyone received zero percent. In 1990/91, the general er0ployees received 3 percent across the board on March 28, 1991, and the sergeants and lieutenants received 3 percent on March 28, 1991, after they had received 3 percent on Oetober 1, 1990. 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Referring to FY 1994/95 on this chart, Mr. Fafeita read the following from page 20, Article 14 of the contract: "Effective October 1, 1994, all future steps will be at a rate of 2 percent per year on the anniversary date of each member, subject to. existing approval policy." He did not know where Mr. Sugerman came up with 5 percent. Mr. Sugerman believes that was in the 1993/94 contract. SgL Kuss stated that the old pay plan used to contain 5 percent pay steps for the first five years. Then you went into a longevity plan where you would skip a couple of years. Included in Mat were also October 1st adjustments for cost of living. They were two separate entities. One did not get negotiated. It was written in stone. The cost of living was negotiated. This pay plan was designed by the City. The City decided to abandon this pay plan in late 1990 or early 1991. Those were the years when they started to tell us to wait and they will work this out and produce a new pay plan. Therefore, every October 1st, we only negotiated the cost of li~ing raises. Finally, the sergeants' and lieutenants' unions told the City that they wanted the City to get moving on this. Had we been under the old pay plan, we would have received some of these 5 percent raises Which were standardized and have been going on for many yeftrs. The City said they were still working on it, and we filed a lawsuit to force the City into rn/tking a decision. The City conceded prior to going to trial, and they arranged for us to seitle this issue. sgt. Kuss said he only received 5 percent during those years because he was in longevity. MCny of the senior sergeants only received 5 percent. Some of the junior sergeants who had be~n at the tail end of their five years in a row, or their steps, received 15 percent. However, no~ everybody received a giant chm~k of money. It was money that the City had owed them from their previous pay plan anyway. They did not receive retroactive pay either. They m~rely wanted to be made whole again to where they should have been. C6mmissioner Jaskiewicz asked how many steps there are in the current pay plan. Sgt. Kuss believes that there are 20 steps in the pay plan that is not written in stone. However, the way it ls written in the contract, those steps continue. A couple of members are in this situation no~v and are wondering if they are still eligible for those steps. The contract indicates they are, but the City's interpretation is that they are not. 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Mr. Fafeita contended that an officer who has served the City for more than 20 years and is performing to his ability should be entitled to the step. He felt there should be some payment based on a merit system so that even after you have topped out, you are entitled to some benefit because of the service that you are providing. This is being done through the evaluation system that is in place. Sgt. Kuss agreed that your physical presence for 20 years does not entitle you to more money than employees who have been here 15 years. It is the City's job and management's job to see that they are getting more work out of the 20 year employee than they are getting out of the 10 year employee. He said officers who are here 25 years know more and can do more. Mayor Taylor thinks everybody works 100 percent. He stated that as you increase in rank, the amount of responsibility increases. Commissioner Rosen had a problem with being asked to make a decision in a short period of time. However, he was not in favor of capping the pay plan. Cpmmissioner Jaskiewicz was also not in favor of capping the pay plan. She was happy that &e employees who put in many years of service thought that much of the City to remain in it. Sfie said perhaps more people can be involved in negotiations in the future, including a member of the Commission and a member of the public, in order to look at it from different p~rspectives. She said we do not have to defend having the best paid police force in the State o4 Florida. She said some of the objectives of this Commission are to bring more business in!o the City, develop a larger tax base, and have the very best public safety system in the State of Florida. Mayor Pro Tem Matson thinks it is a tribute to our City and Police Department that the seygeants and lieutenants are in the top 25 percent because that means they have stayed long erlough to achieve a high salary. She was part of the Commission that agreed to the additional 20 hours non-accrued with the stipulation that the reopeners be renegotiated in good faith. She h~s a problem with the pay plan being capped because she feels that since there are not many o~pommities for advancement in our Police Department, the sergeants and lieutenants have no incentive to stay. She would not consider the 5 to 15 percent longevity issue because that was part of a lawsuit settlement and she did not think it should be a part of this. The fact that no COLA was granted during the contract year is perplexing to her. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Vice Mayor Bradley was looking forward to the day that we can have a wage increase plan that is uniform and based on merit. He wanted to know if cities were left out of Mr. Sugerman's report, as alluded to by Mr. Fafeita. Sgt. Kuss stated that it is difficult to compare the sergeants and lieutenants to other cities because they cannot sell their skills. He said Mr. Sugerman included some cities with a population of 15,000 in the center of State. That did not seem fair to him. Vice Mayor Bradley agreed with Mr. Sugerman that the surveys reflect that our employees are paid better than 75 percent of the brethren in other cities. In Palm Beach County, one list reflects that Boynton Beach is the highest paid municipality just under the Sheriff's Department. He feared that part of the problem is that the employees of this City have come to count on raises, merits, or steps over the course of years. He believes it has placed us in the financial predicament that we fred ourselves in today. He did not think City Manager Parker promised the sergeants and lieutenants anything at the bargaining table and wondered who did. Sgt. Kuss stated that the sergeants and lieutenants negotiate in good faith every year, and each year they see different faces at the table representing the City. One year they negotiated with City Attorney Cherof, who refused to allow them to tape the sessions. The sergeants and lieutenants conceded to that. They did not want to cause a commotion. They merely want to negotiate a contract that they and the City can both live with, and look forward to something they can work towards. However, every year the City is represented by a different person who does not always remember what the representative said last year, and the union is told a different story. SgL Kuss advised that on October 1st, the State of Florida passed some legislation that reqUires municipalities to fund multi-year contracts on their face. Therefore, the City cannot have a multi-year contract that states it will pay 5 percent every year, and then renege in the middle of the second year. Commissioner Jaskiewicz asked how long negotiations have been going on. Mr. Sugerman adyised that they have been going on since July, 1995. M~yor Taylor asked if the employees are currently on a 2 percent step plan. Mr. Sugerman adwsed that a 2 percent step plan exists. It is a three year contract that has a step plan in it 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 that recognizes 2 percent steps every year of those three years. It started with the 1994/95 fiscal year. Mt. Fafeita advised that some lieutenants have, by virtue of their tenm'e, been deemed to be capped out and have not received their merit step pay for this year. Sgt. Kuss stated that according to the contract, there is no cap. Mr. Sugerman stated that the current contract does nor say there is no cap. It says there are 20 steps, and does not recognize a 21st step. City Manager Parker agreed that the sergeants and lieutenants are the backbone of our Police Department. However, her position has consistently been, and will continue to be unless otherwise directed by the majority of the Commission, to pay all of our employees in the top 251 percent of the South Florida market. That is reflected in the PEPIE information which only contains the South Florida market of cities of comparable size. That is primarily the market surrounding us that we look at when we are starting negotiations. The information from the Florida League of Cities was merely provided for backup. She pointed out that there are cost of living differences between North Florida and South Florida. The issue of the automatic merit pay plan the City has had in place for a number of years is criXical. That pay plan was frozen in 1991/92 for all employees, and the sergeants and lieptenants were the only group of employees that received an adjustment. She did not agree wi[h that adjustment; however, she was not in a decision making capacity at that time. She did no[ feel it was right because the rest of the employees did not receive an adjustment. She said it was very clear to the Fire DeparUnent and the IBF&O that they were not going to get that mgney back. The City did not have that money and was in a deficit position. The pay plan co'ts the City millions of dollars a year, and it is not going to be reinstated. ' h She pointed out that Sgt. Kuss said the members of the mxion want a plan that shows w at their salary will be for the next 20 years. They want a guaranteed plan. However, she has consistently told them that there is no longer going to be a guaranteed pay plan to give to so~neone that comes to work for the City in 1995. We are approaching the 10 mil cap. The Cz ~mmission wants to put in various programs. City Manager Parker said she has not co ~veyed to the employees that they will get a guaranteed pay raise every year. She told them w{: are negotiating pay on a yearly basis, based on the situation. She pointed out that the pr vate sector is laying off people. It has been her commitment to the employees to do ev :rything possible to avoid layoffs. If that means freezing their wages, then she would rather halze them working at a frozen wage than lay them off. 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 City Manager Parker stated that our long-time employees felt that the pay plan was a moral contract that the Commission should abide by on an annual basis. She advised that when some employees came to work for the City, the Personnel Department handed them a sheet of paper showing what they will be paid over the next 20 years. Based on that, they went out and bOUght homes and mortgaged property, etc. She said the City cannot financially be in that position. However, many of the employees would like to go back to that position and have a pay plan that shows what they will be making over the years. City Manager Parker pointed out that the private sector does not work that way, and she did not see how the City can work that way either. City Manager Parker advised that we have set maximum salaries for various jobs in the City. For example, a sergeant position is currently worth a maximum of $54,745 a year, base salary. That means that the value that a sergeant has to this organization is capped at $54,745. Whether or not this person has been here 25 years or 10 years, there is only so much value that a sergeant's position can provide. Also, there is only so much value that a water plant operator or a secretary position can provide to the City. If we provide a cost of living, then the entire range bumps up for the cost of living. It does not bump up for your merit once you hi~ your cap or you are topped out. This is based on the philosophy that each job has a certain maximum value to the City. You start at a minimum rate (entry level, uneducated, untrained rate) and as you become more proficient in your job, better skilled, more educated, etc., you move through the pay range until you reach your top value to that organization in your current position. This does not mean you cannot be promoted into a new position. we have had 30 new hires in the Police Department. The majority of the lieutenants are fairly new. There has not been much movement in the sergeant ranks; however, there has been some movement in our Police Department over the past five years. These are the basic parameters she has used in setting forth our personnel policy at the City. She uses them fairly consistently throughout all the union negotiations, as well as our dealings with the Civil Service, non-union employees. Times have changed in Boynton Beach, in the state, and in our economy, and things are no longer as they were over the last 10 or 15 years. Mayor Pro Tern Matson wondered how we could consider it bargaining in good faith if we have a maximum salary. 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Commissioner Rosen felt longevity should be considered. It is worth something to have somebody for a long period of time as opposed to having them leave and having to put a new person in that position. He felt a cap still can be worked in some fashion so that we provide some benefit to those who continue at the same step rate. Sg[. Kuss asked not to be compared with water plant operators, secretaries, or any other jobs within the City. He said he is held accotmtable to the Supreme Cottrt of the United States and the State of Florida for any changes in the laws, litigation, and the judicial processes. He is responsible for knowing recent Supreme Court decisions, the recent judicial process, and the new jail booking procedure. These change everyday. Every year he is required to know more, do more, be more, and do it quicker and faster because everyday it gets more expensive to be wrong. This City has been very lucky over the years. It has probably paid out a lot less than a lot of other cities in terms of litigation, nuisance suits, etc. S~. Kuss pointed out that the City offered 3 percent to non-union employees. He found this insulting. Mayor Taylor believes that 3 percent was given to the non-union employees to bring them in the vicinity of what the union employees had gained through their agreements. S~. Kuss stated that they have relied on the police union to initiate the contract negotiation and lead the way. Typically, over the last 10 or 12 years, whatever the policemen received, the rest of the City received. The City was very slow to break parity between the different bargaining units or the non-union employees. M~yor Taylor agreed with Sgt. Kuss that a police officer is completely separate from any other job. However, the City has only a certain amount of dollars in the budget. We have 132 police officers and we want them to feel well paid and do a good job for us. However, the Cily is like any other company. Perhaps we could run the City with 100 officers and pay them more, or maybe we need 150 officers. Sgt. Kuss said the City has historically finalized the budget and entered into contract negotiations. This did not seem to be good faith because the City already knows what the dollar amounts are. The sergeants' and lieutenants' unions have agreed to take zero for years anlfl standby 3 1/2 years while the pay plan is being fixed. Moyor Taylor pointed out that it was adjusted after that 3 years. Sgt. Kuss said it was adjusted after the threat of lawsuit. He pointed out that the reason no one else was adjusted is beCause they did not get their lawsuit filed in time. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY16, 1996 Mr. Fafeita stated that the issue at the table this year was that it was not the dollars available; it was the fact that the City felt the officers were adequately or overpaid currently and that there did not need to be any adjustment. The issue of no COLA or a 2 percent COLA granted on September 30, 1996 was discussed. SgL Kuss stated that the union is asking for the COLA to be granted on September 30, 1996. This is the last day of the contract; therefore, it costs the City zero dollars technically. Mr. Sugerman pointed out that this would be 2 percent in the base, which establishes a higher base forever. All it does is delay the inevitable of granting the 2 percent COLA. Mayor TaYlor asked if the 2 percent COLA is a one time shot over three years or 2 percent every year for three years. Mr. Sugerman said they are asking for it to be in contract year 1995/96 only. We would have to reopen the same process again, probably in May. Mayor Taylor opened the Public Hearing. No one wishing to speak, he declared the Public Hearing closed. MOtion V~ce Mayor Bradley moved that no COLA be granted during the contract year. Commissioner R~sen seconded the motion. C6mmissioner Jaskiewicz reluctantly agreed to this because the budget has already been prepared. Mayor Pro Tem Matson did not agree, particularly since they are asking for it on the last day of the contract. Tlle motion carried 4-1. Mayor Pro Tem Matson cast the dissenting vgte. M orion V ce Mayor Bradley moved that the pay plan be capped. Mayor Taylor passed the gavel and se :onded the motion for discussion. C?mmissioner Jaskiewicz would hke some cons~deranon for some form of longewty for officers who have more than 20 years of service to the City. Commissioner Rosen felt a little m0re~ consideration needs to be given to the whole subject matter. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 City Attorney Cherof advised that this is a moot point and is not one of the impasse issues that needs to be resolved by the Commission this evening. Commissioner Jaskiewicz asked for Sgt. Kuss' suggestion with regard to a pay plan cap. At the very least, Sgt. Kuss would like the steps to continue as they were designed for less than 20 year officers. He stated that things are slowing down in the City. The Police Department is maturing and there is not a constant turnover in the higher ranks. Officers are staying 20, 25 and 30 years, and you have to make some consideration for them because you want to demand top performance out of them. Mayor Pro Tem Matson felt there is no incentive to keep them if there is no room for advancement. Vice Mayor Bradley felt the days of the gold watch are over in the corporate, municipal, and state government settings. He felt the pension plans that all the employees are set up with are dqsigned to allow them to retire at some point in time. He felt the base pay and benefits are top notch. He said this is a tough spot to be in. He cares about the employees, but he feels that the pay is up there where it needs to be. He would like to see the tax base more solid. Mr. Fafeita said the step plans are not automatic. They are based on performance appraisals. Iflyou are not working up to minimum standards, you are not going to get it. If the officers, seygeants, and lieutenants are performing to their peak, they should be compensated for that p{rformance. Mayor Taylor agreed, but pointed out that the reason they have reached their mi~ximum is because they have performed and continue to perform. They are doing the job they are being paid to do, and we feel that the maximum that we are paying them is a good salary for that job. Sgt. Kuss asked if that would send a message that after you have been there 20 years you are no longer required to perform because you will no longer be ccmapensated for that performance. Mayor Taylor pointed out the employees are paid to do a job and if they do not continue to perform, they should not make that salary anymore. Sgt. K¢ss reiterated that there is no room for advancement or improvement. He asked if the City compensates its employees as the job gets harder. Mr. Fafeita asked what would happen if someone peaked out before 20 years and is far short of retirement age. Mayor Taylor advised th~tt they would need to look for other promotional opportunities. Sgt. Kuss stated that there are young officers in some of the senior positions. There are only se~en lieutenants and 19 sergeants. Therefore, the chances for promotion are zero. He felt he w6uld stand a chance for promotion in other cities. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Mayor Pro Tem Matson understands we are surpassing our records everyday and every month foe permitting. She pointed out that by September 30, 1996, some of that money will be here. Commissioner Rosen pointed out that we are only talking about a few sergeants and lieutenants, and felt we should take morale and good public relations into consideration. Tl~e motion carried 3-2. Mayor Pro Tem Matson and Commissioner Jaskiewicz cast the dissenting votes. C~mmissioner Rosen asked for the motion to be repeated. Vice Mayor Bradley stated that the mention was to agree with the City' s position that the pay plan is capped. Commissioner Rosen wiChed to reverse his vote. ViCe Mayor Bradley recalled the vote. The motion failed 2-3. Mayor Pro Tem Matson and Commissioners Jasklewlcz and Rosen voted nay. M~)tion MAyor Pro Tem Matson moved to approve that we take the Union's position and that there be n~pay plan cap for this impasse session. Commissioner Jaskiewicz seconded the motion, which carried 3-2. Mayor Taylor and Vice Mayor Bradley cast the dissenting votes. Ci[y Attorney Cherof stated that for purposes of clarification on the last motion, he believed th~', language was "for the term of this agreement". He asked if it was the intent of the maker of the motion and the seconder that at the end of this agreement there would be no additional in~ ',reases in the event the contract negotiations continue past December 30th. City Manager Pa rker reminded City Attorney Cherof that this is the clause that is a reopener next year. Ti erefore, this clause will reopen on September 30th. M tyor Pro Tem Matson said it is her understanding that we are here to take care of the co atract that runs through September, 1996. Therefore, she assumed that everything that we ar~ ', discussing tonight pertains only to the contract that ends on September 30, 1996. M~. Sugerman clarified that the contract is a three year contract which rtms from October 1, 1994 to September 30, 1997, and that we are only looking at the language for the middle year. In that case, Mayor Pro Tem Matson desired to amend her motion to state "to the end of the co ~tract, which is 1997". 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Commissioner Rosen asked when the new contract negotiations will take place next year. Mr. Sugerman believes it will open in April or May of 1996 for October 1, 1996 through September 30, 1997, which is the third year of the three years of the contract. City Manager Parker stated that the language is not clear regarding the step plan. Therefore, to ~void any confusion next year, we would accept the situation where there is no pay plan cap for the remainder of the contract term, which is September 30, 1997, as opposed to September 30, 1996. Amended Motion Mayor Pro Tern Matson moved that there be no pay plan cap through the end of this contract, which is September 30, 1997. Commissioner Jaskiewicz seconded the motion. AS a matter of principle, Commissioner Rosen would only discuss a one year contract. The motion failed 2-3. Mayor Taylor, Vice Mayor Bradley, and Commissioner Rosen voted nay. City Manager Parker explained that the overall contract is a three year contract of which we have already had one year. The contract consists of about 17 different sections. Only one se4tion is open every. In this case, it is the COLA for the sergeants and lieutenants. All the other provisions (uniform allowance, education incentive, etc.) have been set for three years. Therefore, she can make the adjustment in the upcoming budgets to address the pay plan cap fo~ the two terms of this situation for this group of employees. ML Fafeita advised that this only affects three employees. City Manager Parker pointed out that it may affect one more employee; however, it is a small number of employees and she can m~ke the adjustment for 1996/97. Mr. Sugerman agreed that this affects a small number of en~ployees in this bargaining unit. However, he believed that all the other bargaining units will be at the table in succeeding years asking for an elimination of the cap. Our concept of pay for any employee is that we have a minimum salary and a maximum salary. That is what w~ can afford to pay, and that is what is in the budget. We are not telling anybody to go away once they reach the cap. We are telling them they have earned everything that we can afford to pay them and what they should be paid. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 City Manager Parker clarified that when a COLA adjustment is made, the entire pay range is adjusted, including the minimums and maximums. Therefore, employees at the old maximums will go to their new maximum, giving them an increase. In response to a question from Commissioner Jaskiewicz, City Manager Parker stated that we did not recommend a COLA adjustment for this contract. Vice Mayor Bradley pointed out that we have done so in the past and we will in the furore. He stated that when he sees an ad in the newspaper for a salary range of $40,000 to $60,000, he thinks that when he gets to the top, he will be making $60,000. If there is a COLA on top of that, that is icing on the cake. MOtion C0mm~ss~oner Rosen moved that there be no pay plan cap through September 30, 1996. Iniresponse to a question from Commissioner Jaskiewicz, Sgt. Kuss advised that this will only affect two lieutenants this contract year. Both of those lieutenants are in their 23rd year. The motion died for lack of a second. MBtion M~yor Pro Tem Matson moved to approve no pay plan cap for the mn of this contract, which is iSeptember 30, 1997. Commissioner Jaskiewicz seconded the motion, which carried 3-2. I ' l M~yor Taylor and Vice Mayor Brad ey cast the dissenting votes. Mbtion Si~ce a 2 a( C V percent COLA was not granted, Mayor Pro Tem Matson moved to leave in the ditional eight hours of non-accrued leave per officer during the next contract year. )mmissioner Rosen seconded the motion, which carried 5-0. ayor Taylor declared a recess at 8:47 p.m.. The meeting resumed at 9:00 p.m. [II. DEVELOPMENT PLANS Project Name: Agent: Applicant: Isles of Hunters Run Kieran J. Kilday, Kilday & Associates, Inc. Home Development Corporation 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Location: Description: West side of Congress Avenue, approximately 500 feet north of Summit Drive Request for site plan approval for common area landscaping, decorative wall, project signage and a guardhouse in connection with development of 56 zero lot line, single-family detached dwelling units. M~. Kilday agreed to all the conditions in staff's report. He advised that the plan was amended to move the trees outside of the area to address the Utility Department's concern. Tambri Heyden, Planning and Zoning Director, asked if Mr. Kilday is agreeing to the original wdrding in comment number 2. Mr. Kilday answered affirmatively. Mbtion Vi~e Mayor Bradley moved approval of the Isles of Hunters Run site plan, subject to all staff comments. Commissioner Jaskiewicz seconded the motion, which carried 5-0. MI. Heyden clarified that this includes the revisions to comment numbers 7 and 23, but not to number 2. Project Name: Agent: Applicant: Location: Description: Romano's Macaroni Grill at the Catalina Centre Roscoe L. Biby, P.E. c/o Kimley-Horn and Associates Kevin Connell, Brinker International 1501 Congress Avenue Request to amend the previously approved site plan to alter the exterior of the outparcel building (formerly Marie Calendar's restaurant) at the Catalina Centre Plat No. 1, increase seating from 205 to 248 and revise the shared parking study for a new restaurant. The site plan and elevations were displayed during these presentations. B~rbara Hall, an attorney with Greenberg Traurig, represented Mutual New York, the owner oflthe Catalina Centre, and Brinker International, the owner and operator of the Macaroni O~ill. 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 All those who would be testifying were sworn in by City Attorney Cherof. Mayor Taylor disclosed that he had a telephone conversation with the Vice President of Ocean Properties with regard to the Catalina Centre. Mr. Connell stated that Brinker International also owns and operates the Chili's restaurant c~ain and four other restaurant concepts. The Macaroni Grill is an Italian restaurant concept featuring fresh seafood, pasta dishes, salads, appetizers, and desserts, in large portions. It is a ca~ual family-oriented yet festive atmosphere featuring exhibition style cooking, white tablecloth settings, and waiters and waitresses who occasionally burst into Italian opera, a~ding to the festive environment. TOe demographics of this area match those of our customer profile for this concept. It has the right mix of income level. This site meets the corporate requirements for visibility, access, parking through the cross parking rights with the balance of the shopping center, and the bdilding size. Its configuration is compatible with the prototype. M[. Connell said he has negotiated various details with Planning and Zoning staff regarding the renovation of the exterior facade, and they are getting close to an agreement on what is acceptable. He will be looking to finalize that within the next few weeks as he seeks the building permit. One outstanding issue regards the request for the increase in seat count to 24B above the 206 that is vested with the existing facility. The 248 seat count is a minimum required seat count for this type of restaurant to operate. It is required to meet his corporate pr6forma requirements. Hg commented about the economic benefit of this restaurant to the community. He anticipated th~ sales volume from this store to be about $3.5 million a year. That translates into about $2i. 5 million annually in the purchase of goods and services locally, as well as taxes, wages, utilities, etc. Approximately 80 to 100 people will be employed. This company provides insurance benefits to its employees with certain tenure, and a tuition assistance program for individuals seeking to continue their education. They utilize local services in the community, such as security, janitorial, disposal, delivery, maintenance, repair, food and beverage suppliers, and local banking facilities. Given the scope of the work involved with this rer~ovation, they will be spending approximately three quarters of a million dollars to renovate the building to get it up to Brinker standard, and to as closely match their standard concepts as much as possible. 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Commissioner Rosen asked if this is a corporate venture. Mr. Connell said it will be a corporate owned facility. Mr. Biby addressed the site plan issues. He pointed out that this building has been vacant for approximately three years and is deteriorating from neglect. Brinker International proposed to make various upgrades to the architectural on the building, both exterior and interior. These renovations would cost about $700,000. A synthetic rock facade will be put on the front elevation and the colunms. He would like to put it on the east elevation also, which is Brinker's signature entrance. However, staff recommends that it be put on the north side only. He requested the Commission's approval to keep the rock facade on the east elevation along Congress Avenue. He thinks it will do a good job of breaking up the elevation along Congress Avenue. There is a lot of custom work on the interior of the building. The existing landscaping around this site has been maintained very well. It is thick and meets code. The applicant is proposing to put some additional understory and ground cover around the existing landscaping. The Macaroni Grill's signature landscaping is to have some annual colors around the front of the building. They will trim the existing landscaping and make sure that it meets code. MS. Hall advised that the Planning and Development Board recommended that this be approved with 206 seats. The last time the shared parking study came before the Commission, it Was for the Boston Market. She submitted into the record Exhibit 1 (the last parking study that was submitted when the Boston Market was approved). This study showed that there was one additional space available based on the approval of all uses that are now there. Exhibit 2 is staff's report, which states that this project meets code; however, staff requests that the seats be reduced to 206, rather than the 248 that the applicant is requesting. Exhibit 3 is the code provisions, which tell you how you can comply with the City's parking requirements, including through a shared parking study using ULI rates. It also provides the reqUired parking for a restaurant. Exhibit 4 is the shared parking study that shows that without providing any additional parking, there is more than adequate parking. The site observations show that during the second week of December, only half of the parking spaces were taken. Even with adjusting those parking spaces for vacant uses, we would still only be using about 700 of the 1,161 spaces. 3O MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 After the Planning and Development Board meeting, Berry and Calvin looked at the site to see whether the 17 additional spaces needed to increase the seats from 206 to 248 could be provided. Ms. Hall submitted Exhibit 5, which is a copy of a plan showing that 20 additional parking spaces could be provided behind Service Merchandise and Marshall's. Ms. Hall stated that City staff reviewed this parking plan and agreed that the parking spaces are acceptable. Therefore, the applicant meets the code. MOlly Hughes is a traffic consultant with Berry and Calvin. She stated that although the parking area is very efficiently laid out, there is an area in the back that is currently a two way circulation road. It is not required to be two way. Since the parking area was very efficiently laid out, the only opportunity to pick up parking spaces was by converting the two way circulation road into a one way circulation road. This would provide two groups of ten parallel parking spaces. This would not preempt any kind of service to the facility, including emergency service. Mayor Taylor asked in which direction the road will circulate. Ms. Hughes said it could circulate southbound or northbound. She suggested it circulate southbound. It would be striped, marked, and signed as such. MaYor Taylor asked where the south end entrance or exit would be. Ms. Hughes advised that it is behind the A&B Grill. Mayor Taylor asked who would park back there. Ms. Hughes advised that people occasionally park there now. The employees and customers of Marshalls and Service Merchandise would be very close to their entrances if they parked back there. In addition, there are at least six retail bays that are around the fountain at the back of the center. Those would be much more closely served by some additional parking back there. COmmissioner Rosen questioned the lighting back there. Ms. Hughes advised that the lighting there is similar to the lighting in the front and meets code. M~. Heyden addressed the restriping proposal and the changes to the exterior of the building. she advised that City staff checked the feasibility of the plan and found it to be acceptable. H6wever, because of the location and orientation of the dumpsters in the rear, the circulation ne~ds to be one way northbound, and would have to be stripped and marked accordingly. There is adequate parking lot lighting there. M§. Heyden referred to the colored elevations and advised that staff and the applicant have begn working on three issues--the stone veneer, the awnings, and the color of the building. 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 They have agreed to make the awnings the same color that is on the shutters, which is green, and that the building will be kept the existing color. In addition, the stone veneer will be allowed on the elevation facing Congress Avenue. The Planning and Development Board and staff would like to limit the use of the stone veneer, since this material is not used anywhere else in the shopping center. In addition, the shopping center is well integrated with the outparcel buildings. In response to a question from Mayor Taylor, Ms. Heyden said staff recommended the use of the stone veneer on the columns on all four sides of the building and on the only entrance to the building, which faces north. Alan Siklin represented the owner of the Holiday Inn. He asked if the request for shared parking has been withdrawn. Ms. Heyden stated that it needs to be determined whether we are accepting the shared parking study or abandonh~g it. She said that needs to be cleared up because there is another parcel that is not developed. It is a 75,000 square foot office building Which is vested. This means the City has to approve 75,000 square feet of use. We do not know what that use is going to be yet. It is vested for the number of trips that are equivalent to75,000 square feet of office. When that use comes in, a shared parking study will have to be looked at again. In response to a question from Mayor Taylor, Ms. Heyden stated that based on 75,000 square feet, 250 parking spaces are required to be constructed. However, that vesting was tied into mt earlier shared parking study. That parcel can only accommodate 93 parking spaces. That is only one-third of what they need. She stated that they relied on the shared parking study. Mr. Siklin stated that his client does not have any objections to the Macaroni Grill. He thinks it ~s a great facility and the food is good. However, he does not think that this plan addresses the parking issue. Mr. Siklin pointed out that the Planning and Development Board and the Technical Review Committee have not seen this new plan. Therefore, the Commission does not have their recommendations. In essence, this has not followed the City's process for site plan modifications. Mr. Siklin felt the customers of the Macaroni Grill and the Holiday Inn are going to be competing for parking spaces. He pointed out that the Holiday Inn has a restaurant, lounge, rooms, suites, and conference facility: It abuts the Macaroni Grill site to the south. The spaces there are as close, if not closer, to the proposed Macaroni Grill than some of the Macaroni Grill spaces. Mr. Siklin stated that people like to park as close as possible to the 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 facility they are visiting. He doubted that the additional 20 spaces behind the shopping center are going to be used to eliminate the competition between the Macaroni Grill and the Holiday Inn. He read the following from the code: "Parking spaces required in this ordinance for one usc or structure may be allocated in part or in whole for the required spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours." Mr. Siklin said there are plenty of parking spaces in this shopping center, but there are not enpugh for both the Holiday Inn and the Macaroni Grill. He advised that some of the m~mbers of the Planning and Development Board indicated that they had visited the site within the past week and it was jammed pack. Some of them indicated that when Marie Calendar's was open, there was a problem, and that only had 206 seats. ML Siklin stated that the Holiday Inn serves a very valuable function for meetings, luncheons, w~dding receptions, conferences. He stated that it is counterproductive to everyone involved to,ave the Holiday Inn struggle with a fight for spaces because of the increased seating requested for the Macaroni Grill. He felt it was appropriate that this new change go back tl~ough the process so that the Planning and Development Board and the TRC can review it. M~. Hall stated that Mr. Siklin questioned whether this was an appropriate location for shared pakking. At the time the last shared parking study was approved by the Commission, ~l' Siklin's Ocean owned all the and the client, Properties, property represented to CQmmission that this parking study was adequate for the site. M~. Hall submitted Exhibit 6, a copy of the modification to Marie Calendar's at the time it w~s approved. She stated that at the time Marie Calendar's was approved, specific parking sp~tces on the Holiday Inn parcel were designated for the use by Marie Calendar's. She re~erred to Exhibit "C" of the Parking and Easement Agreement that was provided along with the Marie Calendar' s approval that designated the location of the approved spaces that were sp+cifically to be used for Marie Calendar's. The final approval that came before the City un~er the modification shows that there were actually 30 spaces on the hotel parcel that were specifically designated for the use of that restaurant. She believed the Macaroni Grill will not ne ed those 30 spaces on the hotel parcel. Those are the closest spaces that would be used if an ~ spaces were to be used by the Macaroni Grill. After those spaces are used, the most li~ ely place for people to park is in the area to the west and the area to the north. Both of th, ~se are closer than any other parking. When you go into the parking area to the west of the M trie Calendar's parcel, and then pull out toward the west looking for a space, you look down w~at appears to be a valet isle and are inclined not to go down that area to look for parking. 33 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 You are far more inclined to go to the right to find parking. If there are 57 spaces on site, and 30 spaces designated on the hotel parcel, that only leaves 12 additional spaces that the Macaroni Grill needs to find somewhere in a center that has 1,161 spaces. It is not likely that people who use the restaurant are going to park in the additional 20 spaces in the rear. However, when new parking spaces are introduced, it results in a redistribution of the parking through the center, and people f'md the most convenient space. By providing 20 additional spaces in the rear, the code has been met, and it will result in some reallocation of the parking. People who are currently using parking in the front will use the new parking, freeing up spaces in the front and having a domino effect that results in the available parking. M?. Heyden stated that she did not have a chance to verify these documents that were sUbmitted to her office today. However, based on the number of seats they are requesting (which is an increase of 43) and the restriping for 20 parking spaces, this could be processed administratively and would not have to go to the TRC, Planning and Development Board, or City Commission. The elevations would also have been done administratively. They meet the code. The code does not say that there has to be a maximum distance between the parking spaces and the use. We allow shared parking no matter how large the parcel is and no matter how great the distance is between the uses that are sharing the parking. She understood Mr. Siklin's concern. However, she pointed out that this was the situation at the beginning of this project when the shopping center was there, when the Holiday Inn was there, and when the retail uses were there, and the property was all under one ownership. MOyor Taylor pointed out that the Planning and Development Board approved only 206 seats because of the parking. Their major concern was that 17 additional parking spaces were needed. Mayor Taylor stated that he has resided in Boynton Beach for 15 years. He has been to [his site numerous times and has never seen the center maxed out. He has always been able to find a parking spot. He fully intended to go along with staff's comments this evening because he felt we needed to honor the commitment of the shared parking with the tenants that had been there. Mayor Taylor pointed out that the applicant found 20 additional parking spaces. They have met code and have not violated the cooperative parking. When Marie Ca!endar s was open, he waited 20 mmutes in line for a seat. However, he never had to wait to park. At that time, people parked to the north. He said most people come into the front of a restaurant and do not want to park behind it and walk around to the front. Mhyor Taylor pointed out that the concern that the Planning and Development Board has been met. Engineering has visited the site and is comfortable with the traffic behind the center 34 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY16, 1996 where the additional parking spaces are going to be. He felt the employees of Marshall's and SerVice Merchandise would want to park behind the center instead of in the middle of the center. Mayor Taylor felt the Holiday Inn's concerns might be alleviated if the Macaroni Grill had valet parking. He pointed out that the Holiday Inn has been a great tenant in this community and has been very supportive of this community. After reading the minutes of the Planning and Development Board meeting, Mayor Pro Tem Matson was also concerned about the parking. After speaking with the City Manager, and after tonight's presentation, she feels much more comfortable about the parking. She said she has also been to this site many times and even during Christmas, the parking lot was not maxed out. She also pointed out that the code has been met, and this could have been handled administratively. W!th regard to the stone veneer, Mr. Cormell stated that from an architectural design standpoint, the intent was to replicate the typical stone facade over the entry door on the side fa~ing Congress Avenue. They typically locate their prototype restaurants to front the main thQroughfare. It would also break up the mass of the continuous stucco wall and provide a better backdrop for the signs. Mayor Pro Tern Matson liked the applicant's elevations. She felt they are aesthetically pleasing and blend w~th the rest of the center. She pointed out that the Cormmss~on approved the front porch on the Longhorn Steak House, which is different from the rest of the center. Motion Mayor Pro Tem Matson moved to keep the elevations as recommended by the applicant. Commissioner Rosen seconded the motion. ViLe Mayor Bradley asked how the red on the Macaroni Grill compares to the red in Boston C~icken. City Manager Parker advised that the red on the Macaroni Grill is very minimal. Th~ applicant is proposing that the building colors stay ~h,} same as, ,,Marie Calendar' s, which m~tches the rest of the center. The only red is the word Romano s . The awning is going to be idark green. Cc mmissioner Jaskiewicz felt the stone was extremely attractive and would add to the area. 35 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 The motion carried 5-0. MOtion Mayor Pro Tem Matson moved to approve the parking plan with the restriping of 20 additional spaces, with the recirculation of the traffic one-way northbound and the parking as per Exhibit 1 of the submitted plan. Vice Mayor Bradley seconded the motion. ViCe Mayor Bradley asked if the employees of the Macaroni Grill are going to use the 20 spaces behind Marshall's. He felt this might alleviate the parking problem. Mr. Connell clarified that at the Planning and Development Board meeting, there was discussion about the employees of the Macaroni Grill parking somewhere remote from the bu!lding. M~. Heyden clarified that comments 1, 2, 4, and 6 still apply. Comment 3 (the shared parking sttldy) is being deleted in lieu of the parking plan presented tonight as Exhibit 5. Comment 5 has been changed to allow the veneer as presented tonight by the applicant. The motion carried 5-0. Atithis time, Commissioner Rosen left the meeting for another commitment. Project Name: Agent: Location: Description: Whipowill Arms Burton Metsch 513 - 515 S.E. 4th Street Request for a one year time extension for concurrency and site plan approval. Rabert Steiner was present on behalf of Mr. Metsch. MOtion Commissioner Jaskiewicz moved to approve a one year time extension for concurrency and s~te plan approval. Mayor Pro Tem Matson seconded the motion, which carried 4-0. 36 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 IX. NEW BUSINESS A. Items for discussion requested by Commissioner Jaskiewicz 1. Consideration of final items on Residential Appearance Code COmmissioner Jaskiewicz was very concerned about the boat parking because very often there is not sufficient space in between the houses for a boat to be parked. She said if we are going to hllow boat parking, we have to make some provisions, such as they be put on slabs and shlelded in the least obtrusive manner so as not to affect another home. Since South Florida is a boating community, Vice Mayor Bradley was in favor of allowing bohts in side yards if they are screened. Commissioner Jaskiewicz was agreeable with this, but wanted to give people time to f'md another place to store their boats if they do not have large enough side yards. City Manager Parker suggested advertising any changes made to the appearance code to make the general public aware of them. She also suggested issuing warning notices if a person is in violation of the new code to give them time to come into compliance before issuing a Notice of Viblation. Cdmmissioner Jaskiewicz advised that some of the people of the Ocean Inlet Homeowners' GrOup would like existing boats grandfathered in. However, Mayor Taylor pointed out that it would be difficult to determine who owns a boat and when they purchased it. Cqmmissioner Jaskiewicz advised that West Palm Beach allows boats and RVs to be parked on allisides of a house if they are screened from direct view and are placed on a proper surface. I . Mayor Taylor pointed out that it would take a huge fence to screen a boat that is on a trailer. M~. Blasie advised that the code only allows fences to be six feet high, four feet if they are in front of a house. Commissioner Jaskiewicz stated that some people dump their boats off at friends' homes in Bo~nton Beach because we have been lax in the code. Vice Mayor Bradley added that some pegple who live on the water do not have their boats in the water because they rent out their dock space. 37 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Vice Mayor Bradley felt people would be less likely to park in the swales if we got the boats, RVs, and commercial vehicles out of the fronts of houses and the driveways. He also felt that if a boat is parked in front of a house, a fence needs to be higher than four feet. He pointed out that a four foot fence would only hide the trailer if a boat is on a trailer. City Manager Parker asked the Commission if they would like to allow solid landscaping in lieu of a six foot fence. The Commission had no problem with allowing solid landscaping as an option. City Manager Parker asked if the Commission wants the boats to be put on slabs or the grass. Vice Mayor Bradley pointed out that it would be expensive to put in a slab. Mayor Pro Tern Matson pointed out that if the sod is being destroyed under the boat, and it is behind a fence, you are not going to see it anyway. She preferred natural ground cover, whether it is grass or dirt, rather than another impervious surface which might interfere with the drainage. The C~mmission agreed not to require a slab. M~yor Taylor stated that nobody has ever complained to him about a boat in a yard. He felt that if we require boats to be put behind the house or on the side of the house and screened, we will create a lot of code problems that we will not be able to enforce. With regard to people storing their boats at their friends' homes in Boynton Beach, Mr. Blasie stated that existing code states that boats are to be owned or used by the resident of the premises. Ms. Heyden pointed out that it is difficult to prove whether a boat is used by the homeowner. The Commission reviewed the suggestions in Planning and Zoning Department Memorandum N0. 96-007. The Commission agreed with Items 4.a and 4.b. Item 4.c was deleted because it is ~overed under 4.a. Commissioner Jaskiewicz asked about screening dumpsters at existing buildings. City Manager Parker stated that the City Attorney is going to have to determine if we can impose new criteria on existing commercial buildings. Many of the buildings in the City were permitted before we had the requirement to screen the dumpster locations. Commissioner JaSkiewicz asked about multi-family residences. Attorney Cherof felt we would have a dtfficult tnne ~mposmg new criteria on them because some of those areas do not have room for 38 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 dumpster enclosures. He said you will be mandating something where there is no ability to comply with the code. Item 5 (Swale Parking) was discussed next· City Manager Parker advised that because of the difficulty associated with enforcement, this item now focuses on damage to swales· If a swale is damaged from repeatedly parking in it, the property owner would be required to replace or repair it. She stated that staff suggested diverting some of the money received from Code Enforcement fines into a fund to provide a loan or a grant process to a property owner to restore swales. Mhyor Pro Tem Matson asked what would happen if a property owner claims that a City truck did the damage. City Manager Parker advised that the citizens usually call the City within 24 hours when this occurs, and a crew is sent out immediately to repair it. City Manager Parker stated that discussion at the workshops centered around people parking in the swales because they own more than one vehicle, or when they have company. There was concern about this damaging the swale. Mayor Pro Tem Matson was not in favor of allowing parking in swales. She pointed out that most cities do not allow it. M~tYor Taylor referred to Item 5.b and asked why we would not want the property owner to re~tore the swale. Ms. Heyden explained that this would allow the City to repair the swale ~mmed~ately, instead of having to give the offender 30 days to take care of it. Also, the offender would have to pull a permit to make sure the restoration of the swale met the City's design standards. City Manager Parker felt this wording is a little confusing and said it will be icleaned up. Commissioner Jaskiewicz stated that the swale is badly damaged along Seacrest Boulevard. She asked if the homeowners are required to maintain it. Ms. Heyden advised that the code requires the property owners to maintain the swales. M~yor Pro Tem Matson asked for confirmation that a permit is required to repair a swale. Mi. Blasie stated that if someone is laying down new sod, a permit is not required. However, thq code reqmres that anytime you do work within the City right-of-way, a permit is needed. Ha felt this was intended for somebody who might take a bad simation and make it worse. City Manager Parker said City Attorney Cherof suggested that the City identify the ne ghborhoods that have significantly damaged swales. Swale repair is allowed under the 39 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 special assessment program. The City would repair the swales and special assess the property owners for the work. They would have 20 years to pay it back in annual payments, and the lien would run with the land. Commissioner Jaskiewicz was in favor of Item 5, but she would like the property owners to be able to restore the swales themselves. Mayor Taylor was also in favor of allowing them to restore the swales; however, he did not want the City to charge them for a permit. Neither did Commissioner Jaskiewicz. City Manager Parker said that section can be rewritten so that no permits are required for swale repair. MS. Heyden asked what would happen if someone repairs the swale by filling it in with soil and putting sod on top. This would raise the elevation of the swale and alter the drainage system. City Manager Parker said we can provide the property owner with information on how the swales need to be repaired. Item 3.b will be changed to allow a maximum grass/weed height of 12 inches. Cqmmissioner Jaskiewicz wanted to eliminate 3.c. However, Vice Mayor Bradley felt we need to cut people some slack in case a couple of sprinklerheads break. He pointed out that we are only talking about 10 feet by 10 feet. With regard to Item 6, Mr. Blasie said direct citation seems to work on sign violations. These arq the type of violations that come and go; i.e., people will put a sandwich sign out one day and pull it in the next day. Ms. Heyden advised that staff singled out the one violation that tends to be have a lot of repeat offenders. Mr. Blasie added that oversized trucks and signs arq the two most common violations. Atithis time, Mayor Pro Tem Matson left the chambers. In ilight of the hour and because of the remaining items on the agenda, Commissioner Ja~kiewicz suggested tabling this item. City Manager Parker advised that a special City C(~mmission meeting needs to be called sometime next week to approve her selection of the ne~v police chief. She suggested that this item be tabled until that time. 40 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Motion Commissioner Jaskiewicz moved to table this item. Vice Mayor Bradley seconded the motion, which carried 3-0. Mayor Pro Tern Matson was away from the dais. 2. Consideration of adoption of new Palm Beach County Nuisance Abatement Ordinance Commissioner Jaskiewicz stated that this ordinance addresses much more than ours and is much more enforceable. Vice Mayor Bradley was in favor of this ordinance. He said it was quite thorough. It was the consensus of the City Commission to have the City draft a nuisance abatement code in line with the County' s. Item X.D. 1 was dispensed with next. X. LEGAL D. Other 1. Code Enforcement Lien Reduction for Freynel Jean-Baptiste Freynel Jean-Baptiste was present. Mi. Blasie stated that the Code Enforcement Board voted to rescind the fine in its entirety mainly because the City only obtained service on the tenant, and not the property owner. The City was unable to locate the property owner at the address shown on the City records and the Palm Beach County tax rolls. Also, the property owner corrected the violation as soon as he found out about it. MOtion Vi~e Mayor Bradley moved to rescind the f'me. Commissioner Jaskiewicz seconded the mention, which carried 3-0. Mayor Pro Tem Matson was still away from the dais. 41 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 In response to a question posed by Commissioner Jaskiewicz, Mr. Blasie advised that anyone in the household can sign for the certified mail. She asked if he investigates if the signature is different from the person the mail was addressed to. Mr. Blasie said he usually does, but not always. In this case, the last name was the same. At this time, Mayor Pro Tem Matson returned. Code Enforcement Lien Reduction for A. J. Inc. Maryland Corporation Steve Cook was present on behalf of A. J. Inc. Maryland, Mr. Blasie stated that this is the old Sandpiper Motel property on North Federal Highway. It has been a problem for the Code Enforcement Department for a long time. It has often been overgrown, unsecured, and used by people. The fine has accumulated to $28,250.00. The COde Enforcement Board unanimously recommended reducing it to $1,730.15 (a $1,000.00 fine, plus administrative costs). Commissioner Jaskiewicz inquired about the demolition of the building. City Manager Parker stated that the Commission could make the demolition a condition of the lien reduction. My. Cook stated that he is the new manager for A. J. Inc., which is a Maryland corporation. Th~ company has hired him to take care of all their Florida holdings, effective January 1, 1996. A. J. Inc. does not have any officers or employees in Florida. He believes this was one of the reasons for the problems. He also attributed the problems to improper notification. For example, tonight, he was told about this meeting approximately 12 hours ago. A letter from Mt'. Blasie regarding this meeting was dated December 29, 1995 but was not mailed until Ja~tUary 11, 1996. He did not received it until January 16, 1996 because of the holiday. ML Cook stated that all of the code violations that occurred in the past have been corrected, although not always expediently. The most recent code violation has also been corrected. A. J. ~[nc. has entered into a joint venture agreement with a local developer. They expect to tear down the building in March. He felt this, along with his managing the property, will take care of any furore code violations. He requested that the Commission abate the entire penalty, including administrative costs. 42 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 Mayor Taylor asked if the owner is waiting until March to demolish the building because that is when he expects to start development. Mr. Cook advised that an agreement has not yet been signed. They anticipate that it will take 30 days for discussions. Then the first order of business will be to demolish the building. From that point forward, they expect to go through the proper process to get plans, etc. Mayor Taylor would like to tie in the reduction of £me to the demolition of the building. M~. Blasie agreed that he inadvertently failed to notify Mr. Cook about tonight's meeting in a timely manner. However, all other notices were previously sent to A. J. Inc. in North Palm Beach, as listed on the Palm Beach County Tax Rolls, and service was obtained. Also, My. Blasie has had conversations with Bob Cook' s office in the past. (Bob Cook is Steve Cdok's father.) Mr. Blasie stated that this time, they did a nice job and took care of the vi61ations immediately. Vi~e Mayor Bradley was also in favor of tying the reduction of the lien into the demolition of the building. Mayor Pro Tem Matson was not in favor of reducing liens to administrative costs. She be!ieved in our lien system and the Code Enforcement Board. She was in favor of reducing the fine to $1,000.00, conditioned upon the demolition being done as expeditiously as possible. Vice Mayor Bradley wanted to place a timeframe on the demolition. Mayor Taylor wanted the building demolished by the end of February. MOtion Vice Mayor Bradley moved to reduce the lien to $1,500.00 based on demolition being done by tho end of February. Mayor Pro Tem Matson seconded the motion. Mayor Taylor stated that if the demolition is not done by the end of February, the fine would re'4ert back to the original lien. ThC motion carried 4-0. City Manager Parker clarified that it would revert back to the original lien, not the reduced lieh recommended by the Code Enforcement Board. 43 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. O96-01 Re: Amending Chapter 2, Section 4 of the Land Development Code to allow boat docks and canopies as permissible structures City Attorney Cherof read Proposed Ordinance No. O96-01 by title only. No one in the audience wished to address this item. Motion Cgmmissioner Jaskiewicz moved to approve Proposed Ordinance No. O96-01 on second and final reading. Mayor Pro Tern Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 4-0. B. Ordinances - 1st Reading This item was tabled. D. Other 1. Resolutions 1. Proposed Resolution No. R96- Re: Ratification of City Manager's selection for Police Chief (See discussion under Agenda Approval.) Code Enforcement Lien Reduction for Freynel Jean-Baptiste Tltis item was dispensed with earlier in the meeting. 2. Code Enforcement Lien Reduction for A. J. Inc. Maryland Corporation This item was dispensed with earlier in the meeting. 44 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 3. Executive Session Mayor Taylor announced that the Commission will now recess to a closed door executive session with the City Attorney to discuss the following litigation which is pending against the City: a) Geller vs. City of Boynton Beach b) 300 Properties vs. City of Boynton Beach c) R.H.S. vs. City of Boynton Beach d) St. Juste vs. City of Boynton Beach The meeting was recessed at 11:01 p.m. and resumed at 11:35 p.m. XI: UNFINISHED BUSINESS None. XII. CITY MANAGER'S REPORT None. XI!I. OTHER None. 45 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1996 IX. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 11:35 p.m. CITY OF BOYNTON BEACH ATTEST: Citff Clerk Recording Secretary (Five Tapes) 't~ommissioner./ ~' Commissioner 46 III. CITY OF BOYNTON BEACH CITY COMMISSION AGEND~ APPROVAL OF BILLS JANUARY 16, 1996 CONSENT AGENDA D cc: Util, Rec, Fin JOHN C. CASSIDY ]NC ........................................ $ 54,690.16 PO 9245. Pymts #6 & #7, City Hall Modifications Original Contract Change Orders Adjusted Contract Payments to Date Current Payments Contract Balance $ 861,703.00 5,365.50 865,728.50 527,116.23 54,690.16 $ 285,262.11 Pay From Public Service Tax Const -- 301 - 194-5-634-12 CLUB CAR ................................................... $ 69,921.00 PO 9819. Cart Replacement Pay From G C Rev Fund -- 411-727-5-689-00, $41,600., 411-000-1-476-70, $28,321. MOTOROLA ................................................. $ 22,453,49 Quarterly Maintenance Payments Pay From Gan Fund -- 001-197-5-431-00 SIRSI CORPORATION ........................................ $10,775;01 Annual Maintenance Agreement Pay From Gen Fund -- 001-711-5-460-03 LAKE WORTH RERALD PRESS ............................... $11,777.00 P O 10899. Funfare Printing Pay From Gen Fund -- O01-721-5-472-00 JAN 2 6 APPFcUVAL ,¸ SENSES TECHNOLOGY INC .................................. $16,475.25 PO 10931. Water Meters Pay From W & S Rev Fund -- 401-333-5-387-00, $10,406.50, 401-333-5-651-00, $ 6,068.75 SOUTH FLORIDA UTILITIES ................................. $114,318.10 PO 9781. Pymt #6, Lift Station Modifications Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 424,094.00 0.00 200,485.65 114,318.10 $109,290.25 Pay From 1990 Construction Fund -- 409-000-0-691-10 THE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. ID PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER OFFICE OF THE CITY MANAGER INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor & Members of the City Commission Dale S. Sugerman, Assistant City Manager Director of Human Resources January 16, 1996 Collective Bargaining Impasse with the Fraternal Order of Police Representing the Sergeants & Lieutenants in the Police Department On November 30, 1995, the Fraternal Order of Police union declared that our collective bargaining efforts had reached an ~mpasse and they asked that the issues be presented to you for a final determination. (The union has waived their right to present their case before a Special Master). To help you understand where the two parties where at the moment of declared impasse, I ~ave outlined for you the contract language from both parties that has most recently been negotiated. You will also find a summary of the differences in the two positions. The attached sheets outline the two positions, with current contract language appearing ~n regular type and proposed language appearing in shaded type. I would be happy to answer any questions you may have on this subject during the impasse hearing. [~ale S. Sugerman Assistant City Manager Director of Human Resources Carrie Parker, City Manager James A. Cherof, City Attorney Paul Fafeita, F.O.P, Staff Representative Ci WPW) N 60\DATA\POLICE\ISSU E$~F OP.WPD ON CREATING VALUE "Compensation of employees within an organization must be based upon the market value of the services and products that those employees provide. One of the reasons that we are seeing a lot of downsizing today is that we have gotten accustomed to this very bloated system that often pays people either far more or far less than the value they create. What must be understood by everybody is that individuals in an organization must be compensated based on the value that they create for that organization and for society. Over the long term. this is not a decision that the firm [City] has the luxury to make. but instead is made by market forces.. Dr. Randolph A. Pohlman Dean of Nova Southeastern University's School of Business and Entrepreneurship Upon taking office as the newly appointed Dean fl. ~o~ m FLORIDA LEAGUE OF CITIES ANNUAL SALARY SURVEY POLICE SERGEANT (MARCH, 1995) City Minimum Salary Maximum Salary Average Actual Apopka $25,000 $35,000 Barrow 33,072 B0ynton Beach 35,256 54,745 48,404 Bradenton 25,792 37,086 29,483 Casselberry 26,027 37,792 33,462 Coconut Creek 38,470 52,811 50,489 Cooper City 34,551 48,560 41,045 Coral Gables 35,159 47,116 Crestview 17,852 22,864 20,358 Davie 37,987 48,484 46,267 DeLand 25,314 37,046 Delray Beach 32,136 48,501 45,222 Dunedin 34,293 45,579 Edgewater 27,314 38,240 34,489 Eustis 24,044 36,338 29,213 Gulfport 31,065 43,491 34,123 Haines City 23,737 26,597 Hallandale 41,036 53,171 47,970 Jacksonville Beach 33,976 41,418 Kissimmee 27,897 39,254 39,067 Lake City 21,794 31,600 24,811 Leesburg 24,606 31,387 31,387 Lighthouse Point 43,243 47,705 47,705 Miramar 35,000 54,215 FLORIDA LEAGUE OF CITIES ANNUAL SALARY SURVEY POLICE SERGEANT (MARCH, 1995) City Minimum Salary Maximum Salary Average Actual Naples 32,135 42,315 35,711 New Smyrna Bch 27,780 39,639 North Lauderdale 36,827 50,766 48,530 North Palm Beach 27,970 39,357 34,772 North Port 22,838 37,708 Oakland Park 32,099 46,484 39,294 Ocala 24,614 37,472 Ocoee 26,810 39,611 37,834 Okeechobee Cnty 28,922 Ormond Beach 24,710 38,301 37,242 Oviedo 27,511 38,872 Palatka 23,948 Palm Beach Grdns 32,821 45,949 41,237 Panama City 22,152 33,852 28,496 Pineltas Park 29,869 45,011 41,034 Plant City 26,820 39,072 30,589 Port Orange 29,393 43,502 40,737 Punta Gorda 25,480 37,308 Riviera Beach 27,774 39,573 35,595 Sanford 24,819 37,319 Sebastian 26,645 32,822 30,857 South Daytona 23,813 35,222 33,480 South Miami 37,516 47,882 47,467 St Augustine 32,576 35,900 34,945 Stuart 29,426 41,577 34,910 FLORIDA LEAGUE OF CITIES ANNUAL SALARY SURVEY POUCE SERGEANT (MARCH, 1995) City Minimum Salary Maximum Salary Average Actual Sweetwater 32,130 41,007 38,631 Tarpon Springs 26,273 36,782 34,631 Temple Terrace 28,371 39,728 40,764 Venice 35,037 41,613 41,613 Vero Beach 34,466 39,562 38,075 Winter Garden 31,730 Winter Haven 25,501 35,006 28,287 Winter Park 29,601 43,812 38,724 Average 29,431 40,852 37,009 COMPARATIVE BASE PAY OF POLICE SERGEANTS (07/31/95) BASE PAY NAME 1990/91 1991/92 1992/93 1993/94 1994/95 Bean, Gregory M. $41,670 $44,755 $47,688 $50,928 $50,627 Briganti, Frank J. 33,440 37,144 36,465 39,951 43,742 Brooks, James C. 49,479 49,085 48,887 52,481 53,123 Carrion, Santos 37,782 46,911 49,181 51,940 53,123 Chapman, Gary A. 30,157 33,788 34,725 40,268 43,742 Dean, Scott C. 36,168 37,553 40,713 43,643 45,926 Frey, Chris G. 34,648 36,161 42,334 41,439 45,926 Gainsborg, David M. 40,228 45,084 43,429 52,870 50,627 Harris, Marion L. 50,053 46,643 49,235 52,355 53,123 Jensen, Eric 42,580 46,246 45,458 49,839 50,627 Kuss, Charles T. 49,999 51,453 53,071 58,888 54,746 Leonard, Patrick 36,665 38,289 38,054 47,939 48,194 McGowan, Kevin 46,824 46,834 48,269 51,615 53,123 Miller, Carlton G. 37,337 40,278 40,831 45,688 45,926 Nissensohn, David R. 48,078 46,923 48,906 52,247 53,123 Passalaqua, Peter C. 32,320 33,571 37,546 38,534 43,742 Ranzie, Frank P. 31,820 34,649 37,588 39,457 43,742 Sheridan, E. Paul 47,608 48,276 49,910 53,908 53,123 Smith, John E. 39,745 41,595 39,427 41,198 50,627 Wallace, Thomas S. 31,750 31,985 29,997 34,493 37,814 POLICE SERGEANTS - TOTAL ANNUAL COMPENSATION Name TOTAL COMPENSATION Bean, Gregory M Briganti, Frank J. Brooks, James C. $69,987 60,113 73,352 72,597 Carrion, Santos iChapman, Gary A. 60,113 iDean, Scott C. 64,106 Frey, Chris G. 63,461 Gainsborg, David M. 70,200 Harris, Marlin L. 73,436 Jensen, Eric 69,212 Kalin, Andrew H. 65,063 Kuss, Charles T. Leonard, Patrick McGowan, Kevin Miller, Carlton G. 75,326 66,316 73,372 63,461 Nissensohn, David R. 72,513 Passalaqua, Peter C. 61,127 Ranzie, Frank P. Sheridan, E. Paul Smith, John E. Wallace, Thomas S. 61,146 72,771 69,555 52,169 07/12/95 FLORIDA LEAGUE OF CITIES ANNUAL SALARY SURVEY POLICE LIEUTENANTS (MARCH, 1995) City Minimum Salary Maximum Salary Average Actual Apopka $30,900 $45,672 Atlantic Beach 27,019 42,855 36,965 Bartow 35,208 Boynton Beach 40,851 63,336 58,849 Bradenton 27,061 38,917 35,308 Casselberry 29,064 42,268 40,989 Coconut Creek 40,607 55,745 53,580 Cooper City 41,473 57,170 57,170 Coral Gables 41,893 56,141 Crestview 19,710 25,202 22,456 Davie 42,264 53,943 52,714 Delray Beach 35,414 55,562 53,526 Edgewater 30,440 42,616 40,966 Eustis 27,809 42,037 32,246 Gulfport 37,588 52,623 45,231 Haines City 28,197 30,270 Jacksonville Beach 40,942 47,638 Lake City 24,025 34,836 29,718 Leesburg 27,955 35,692 32,933 Miramar 40,000 56,167 Naples 35,245 46,408 41,530 New Smyrna Bch 26,998 40,643 North Palm Beach 31,077 41,954 38,889 North Port 25,875 44,453 Oakland Park 35,850 51,921 ~ 51,921 FLORIDA LEAGUE OF CITIES ANNUAL SALARY SURVEY ' POLICE LIEUTENANTS (MARCH, 1995) City Minimum Salary Maximum Salary Average Actual Okeechobee Cnty 36,206 40,818 37,351 Ormond Beach 30,181 46,780 43,401 Oviedo 30,367 42,908 Palatka 26,434 Palm Beach Grdns 34,456 48,238 44,189 Panama City 29,936 41,184 35,090 Pinellas Park 35,443 51,917 46,322 Plant City 28,199 41,081 34,721 Port Orange 31,693 46,909 45,589 Punta Gorda 28,983 40,622 33,074 Riviera Beach 47,730 42,876 Sanford 30,447 45,782 South Miami 41,362 52,789 50,205 St. Augustine 29,600 39,961 39,961 Stuart 31,928 44,346 39,853 Sweetwater 46,593 Tarpon Springs 32,857 46,000 43,872 Temple Terrace 31,283 43,805 44,845 Venice 37,528 44,571 44,571 Vero Beach 38,917 43,036 42,138 Winter Garden 40,882 Winter Haven 26,790 35,006 36,947 Winter Park 32,635 48,303 42,693 Average 32,580 45,381 42,047 COMPARATIVE BASE PAY OF POLICE LIEUTENANTS (07/31/95) BASE PAY NAME 1990/91 1991/92 1992/93 1993/94 1994/95 Cummings, James P. 44,838 46,452 48,708 52,271 53,123 Esposito, Ronald J. 50,227 48,775 51,411 57,158 58,594 Galbraith II, William 59,649 53,104 57,711 60,589 61,568 Graham, Stephen T. 51,885 50,471 51,642 59,294 58,594 Hollihan, John F. 62,917 59,921 64,164 68,392 66,518 Smith, Patrick J. 59,893 59,304 62,000 64,232 63,336 Yannuzzi, Chris T. 46,183 48,180 50,277 54,767 55,848 POLICE LIEUTENANTS - TOTAL ANNUAL COMPENSATION Name TOTAL COMPENSATION Cummings, James P. Esposito, Ronald J. Galbraith II, William Graham, Stephen T. Hollihan, John F. Smith, Patrick J. Yannuzzi, Chris T. $73,725 79,910 83,398 79,849 89,141 84,971 77,272 07/12/95 CITY'S PROPOSED LANGUAGE ARTICLE 12 RATE OF PAY [Sergeants] Section 2. The parties agree for contract year~ ccm,,mc,~cing 10/1/94~ through 9/30/8-~ there will be no cost of living adjustment~. Effective October 1, 1994~ ail future steps ~:~ ~i:!::~:i:~:~:~:i~ w be at the rate of~'two (2%) percent per year, on the anniversary date ..o.f each member, subject to the existing approval policy~i~i~!~i~i?~i~!i~~ii~ ARTICLE 14 RATE OF PAY [Lieutenants] Section 1. The parties agree for contract year~ ccmmc,~ci,~G 10/1/94~ through 9/30/~ there will be no cost of living adjustment. Effective OCtober 1, 1994;~ aJ'J"future steps ~i~ ~ ~:J~[~i~s:,::~ wdl be at the rate of two (2 ~) percent per year, on the anniversary date ~f eaCh member, Subject to the existing approval poliCy ~i~ii~i~ ~i~ ~ C:~WPWJN60\OATA\PO LIC E'd SSU ES\FOP wPD UNION'S PROPOSED LANGUAGE ARTICLE 12 RATE OF PAY [Sergeants] ,~. ...... .. ~. ...... ~ "~ ';";"" ~'~"-*"'""* Effective October 1, 19945, all future steps will be at the rate of two (2%) percent per year, on the anniversary date of each member, subject to the existing approval policy.?~;~i~!~i~i~ii~i~?~i ~i ~i~ii~!~:~ii!!i ~~ ARTICLE 14 RATE OF PAY [Lieutenants] "'"'.... bc .,.~ ..... .......' ...~' .,..,.~ "'';'''' ....¢.~.~.,..... ,.."'~;' '*'"'~*~ Effective October 1, 19945, all future steps will be at the rate, of two (2%) percent per year, on the anniversary date of each member, subject to the ............................................................. ~....~:~:~:::~¥~:~:~:~ ............................... ~.::~ ................................ ~:~:.:.:~.~:::.::~:~.::,::~:~ ....... ~:~.::~:~.,.~,.:.:.::~¥:.:~ SUMMARY OF DIFFERENCES IN TVVO POSITIONS 1) 2) 3) 4) 5) City 2% Step Plan remains the same. 1) Step increase earned on 2) employee's anniv, date with satisfactory performance No COLA granted during contract 3) year Pay Plan is capped 4) Additional 8 hours of non-accrued leave ~s granted per officer during next contract year. Union 2% Step Plan remains the same, Step increase earned on employee's anniv, date with satisfactory performance 2% COLA granted on 9/30/96. Thera is no Pay Plan cap. On Base Other 94/95 Sgts/Lts 10/01/94 All members of the bargaining unit advanced in the pay scale at the rate of 5% per step (up to 3 times) into the step which they would have occupied had they not been previously frozen in their steps. To individuals this mounted to an increase of from 5% to 15% (based on their place in the longevity step plan). All future steps at 2% per year on the anniversary date. 94/95 Gefieral 2.5% On anniversary date 93/94 Sgt¢/Lts 4% retro to 10/01/93 No anniversary increases ?~3/94 Gegeral 3% 09/30/93 + .0075 = 4% To No anniversary increases ' equalize w/IBFO 4% 92/93 Sgti/Lts 3% 10/01/92 + .0021 2/25/93 No anniversary increases 92/93 Gefieral 3% non-union + .0021 2/25/93 No anniversary increases 91/92 Sgt~/Lts 0 Raises frozen/no atb 91/92 General 0 Raises frozen/no arb 90/91 Sgt ~/Lts 3% 10/01/90 atb 3% 3/28/91 atb 90/91 Ge~ teral 3% 3/28/91 atb Kimley-Horn and Associates, lnc, February 4; 199a Revised June 7, 1994 Revised August 23, 1995 · Ms. Tarabri Hoyden City of Boynton Beach 120 NE Boynton Beach Boulevard Boynton Beach, Florida 33435 Catalina Cenlze Parking Stud3' - Revised to Reflect an Increase in Seating for the Restaurant Building in the Soutttern Parcel of the Site 040106.00 Dear Ms. Hoyden: At the request oftl~e owner, we have revised the parking analysis for Catalina Centre located in Boynton Beach, Florida. This revision is a compre!~ensive document which includes all previous changes to :he site, as well as a revision reflecting modification to the site plan of the restaurant outparcel located on Congress Avenue at the south end of the property.. The outparcel is presently occupied by a 206 seat restaurant which is proposed to be increased to 280 seats. This ch,'mge will not require any increase in restaurant building square footage. Catalina Centre development information was provided by Ocean Properties on the January 21, 1985 site plan of the total development, the August 27, 1986 site plan of the retail parcel, infer'motion prey!dod verb.ally in August 1987. outparcel site plan et'December 28, 1987, supplemental information provided in 1988 and 1989, and now the proposed restaurant outparcel increase in searing from 206 to 280. Approved site plan data for Catalina Centre is broken down into north and south parcets. Tim north parcel consists of I44,616 square feet of commercial retail. ~, The south parcel consists of a 206 seat restaurant and a 166-room hotel with its auxiliary uses (restaurant/lounge, meeting room) inctudkng 18 suites. The south parcel also has an approval for 33,338 square feet of office and 24,608 square feet of health club. Total parking for the Catalina Centre is 1,262 spaces (682 space in the north parcel and 580 spaces in the south parcel). · Kim!ey-Hom and Associates, Inc, Considering the mix of land uses on the Catalina Centre site, maximum parking accumulation will occur on weekdays. Further ,,p~iysis showed that the peak parking demand for Catalina Centre will occur at $:00 p.m. Shared parking is an integral part of the Catalina Centre analysis. Shared parking is defined as parking spac~ which can be used by two or more land uses without conflict or encroachment. In order for shared parking to be utilized, the peak accumulation of parked vehicles generated by different but adjacent land uses must be not Im concurrent. The shared pm-king analysis was based on thc City of Boynton Beach parking code; parking generation rates recommended by the Urban Land Institute (ULI), ULI --the Urban Land Institute SharedParki~g, 1983; parking generation rams recommended by the Institute of Transportation Engineers (ITE), ~arldng Generation-An Interim Report, Institute of Transportation Engineers, 1955; and the shared parking recommendations of the Urban Lm~d Institute, ULI --The Urban Land Institute Shared.Parking, I983. The ITE and LrLI rates used in this analysis represent peak season demand. The City of Bo,,mton Beach parking code generation rates are greater than those of ITE and ULI ,,nd were found to provide a minimum of 10 percent more parking spaces. This "buffer" is intended to improve that probabili~ that a sufficient number of parking spaces are available at the peak hour of the peak season. Therefore, the ITE/L%I parking generation rates were increased by 10 percent to be more consistant with thc rates h~ the City of Boynton Beach pefning code. Differences in seasonal peaks which exis~ among the land uses proposed were conservatively ignored. Our analysis demonstrates that the existing parking will be sufficient to accommodate the parking demands of both the northern and southern parcels. whether they are considered individually or together. L~orthern Parc,el ULI and ITE are the most widely recognized sources of parking generation data. For a retail development of the size of Catalina Centre, ULI recommends a rate of four spaces per 1,000 square feet of gross leasable area. This UL! rate would indicate that 579 spaces should be provided for the norfl~em parcel, lie recommends a ~veekday p~rking rate for peak season (Thanksgiving to Christmas) of 3.25 spaces per 1,000 square feet of gross leasable area, which xvould require Catalina Centre to provide 470 spaces for the retail parcel. As per the proposed retail site plan, a total of 682 spaces are proposed for the retail parcel. Adding inthe I0 percent buffer, the site provides 45 (7.1%) more spaces than required by loLl rates, and 165 (31.9¢/o) more than indicated by fl~e I~ peak season rates. and Associates, Inc. The Boynton Beach parking code, for retail use, is generalized to accommodate all shopping center sizes. Thc code requires five parking spaces per 1,000 square feet of gross leasable area. According to ULI, this is a tar appropr~tely applied to retail developments granter than 600,000 square f~t, over four times the size of the Catalina Centre retail parcel. Under the Boynton Beach parking code, the Catalina Centre retail parcel would be required to provide 723 parking spaces to accommodate the peak season peak hour demand. At 723 parking spaces, file city code provides a 24.9% buffer over the ULI parking generation an.d a 53,8% buffer over the ITE parking generation. Southern Parcel Given the hotel/office/health club/restaurant land use mix which exists or is approved for the southern parcel, it is reasonable to assume that shared parking will occur within the p~rcel itself, Analysis of the site plan shows that numerous parking spaces within the parcel arc convenient to the four land uses which will allow shared parking to occur. The nature and location of the health club suggests that many of the patrons of the club will be office employees, hotel guests, residents of:he adjacent Catalina Club and users of more than one use at the club. These factors permit a reduction in tile parking provided. The 20 spaces internal to the health club at the peak demand represent under two percent of the vehicles using a parking space on site. These vehicles have a primary, trip purpose a~ one of the o~her uses on site (hotel, office, retail). A 25% reduction was applied to the health club facility, as per previous correspondence with the City, to account for the secondary characteristics of trips to this type of facility. The swimming pool and outdoor courts are ancillary uses which require no additional parking Table 1 (attached) outlines the parking demmad which can be expected for tile southern parcel using ITE and/or UI.I generation rates. As shown in Table ~, without considering shared p~.rking, 686 parking spaces are required under ITE/ULI recommendations. It should be noted that ITE/LrLI parking demand rates have been increased by t 0 percent to cover the buffering required by file city. Compared to ITE and ULI, the Boynton Beach parkiug code is more conservative for hotel and restaurant/lounge land use, but requires fewer spaces for conference facilities (by taking into account the interaction between the conference facilities and tile other hotel facilities). Parking demand for the southern parcel generated using the Boynton Beach parking code is shown in Table 2 (attached). As shown, witimm considering shared parking, the Boynton Beach code would require 706 spaces to be provided for the southern parcel. As previously stat, d, the pl~ysical layout and mixed-use character of thc southern parcel lends itsetf to shared parking. Table 3 (attached) shows file peak parking demand projected for Catalina Centre's soutiaern parcel using the buffered generation rate recommended by ITE/ULL and considering the shared Kirnley. Horn and Associates, Inc. parking recommendations of ULI. As seen. 597 spaces ar~ required to meet the peak parking demand. Table 4 (at'tached) shows the peak perking demand for the southern parcel using Boynton Beach rates for parking generation, and ULI reoommeadations for shared parking. As seen, under these criteria, peak parking demand will also be 587 spaces. A comparison of the data in Tables 3 and 4 shows that the peak hoar demands axe the same. In this case it can be said that the CiG' of Boynton Beach parking code provides a 10 percen~ buffer over the unadjusted [TEfULI parking demand. The 580 spaces in the southern parcel represent a projected a deficit of 7 spaces under the City of Boynton Beach parking generation rate. Given that the office and health club facilities have not yet been built, it should be possible to a~ust their parking design to provide an additional 7 spaces. This issue will need to be readdressed however, at the time the office and heals club facilities are actually constmcted. ~ment Given the mixed-use character mad physical layout of the Catalina Centre site, the most reasonable approach for analysis of the total developmer, t is through use of ULI shared parking recommendations, As stated previously, a total of 1,262 parking spaces are currently proposed for the development. Projected parking demand for the total site usiug ULI's shared parking recommendations are shovm in Tables 5, 6 and 7 (attached). Tables 5 and 6 use the ITE,~LI parking generation rates applied in Table 2 for land uses other than retail. Table 5 .asea the peak season rates for retail generation, and Table 6 uses ULI rates for retail generation. Based on previous discussions with Boynton Beach city staff., as the various hotel components are to be evaluated separately, tile ULI rate of 1.0 space per hotel room and the ULI residential rate of 1.6 for the hotel suites is the appropriate parking generation rate to be used in the a.mlysis. Table 7 reflects this rate for file hotel roofil and suite generation and BoyntOn Beach code rates for all other uses. As shown, considering shared parking, the number of parking spaces recommended 'for Catalina Centre ranges from 1,031 to I,187 depending on tile generation rate selected, it should be noted that in all tile above scenarios, except where the Boynton Beach codes are applied to each land use, sufficient parking space is provided on site even without considering shared parking. For the remainder of the analysis, file more conservative Boynton Beach rates reflected in Table 7 will be applied. From Table 7, we cml see that the peak hour parking demand occurs at 8:00 P.M. This peak demmld is 1,187 parking spaces. This number is approximately 4.6 percent greater than the buffe ed peak dememd using LrLI rates in Table 6 (1,135 seats). It is seen that using the Boynton Beach generation rates, both the northern and southern parcels meet the Boynton Beach parking code requirements. · Based on the above analysis, the 1,262 spaces provided for fl~e existing development should prove sufficient in handling the parking demands of the development. if you have any questions regarding lhis analysis, please do not hesitate to ¢011~¢t US. Very truly yours, KIMLEY-HORN ANrD ASSOCIATES, INC. Joseph B. Pollock, Jr., P.E. Senior Vice President J'BP/MSR:jsl Attachments Florida Registxation Number 19562 04010600-082295th g£I~ ~9~' LOg XYzl TABLE 3 SOUTHERN PARCEL p.ajI_KING DEMAND USING ITEd-U'L! GENERATION SI-IA.RED PARKING ANALYSIS - WEEKDAY Office I Retail Restaurant PeakBemand ~ 92 0 75 I o I o 18 0 2 .58 0 4 ~6 0 I 8 92 0 15 92 0 23 83 0 3g 83 0 53 89 0 a5 86 0 an. 71 0 38 43 0 53 21 0 68 6 0 75 6 0 75 3 0 75 3 0 68 0 0 53 0 0 38 Health Club 91 46 46 46 46 46 46 !6 46 46 a6 64 91 9t 9I 91 91 64 46 46 Guest Room 195 l-t'otel R~tauraotdl~otlllge Conference Room ! Total ] 85 148 686 17 17 I7 17 26 43 60 51 47 ~.3 60 '77 85 85 77 60 195 166 127 t07 88 68 59 68 68 88 I17 i37 146 176 t85 195 195 195 0 0 74 148 I48 148 !48 148 148 148 148 t48 !48 74 0 0 261 249 326 412 406 417 449 447 440 452 512 542 551 581 48I 354 : 322 ¢I0/600~ TABLE 4 SOUTHEI:EW PARCEL PARKING DENL4,ND USING BOYNTON BEACH GENERATION SKARED PARKING ANALYSIS - WEEKDAY Office Retail Restaurant 111 0 ~ 112 3 0 0 0 2 22 70 0 4 I03 0 Il 111 0 22 111 0 34 100 0 56 100 0 78 105 0 67 103 0 67 85 0 56 $2 0 26 0 101 S 0 ] I2 J 8 0 112 3 0 I12 3 0 101 0 0 78 0 0 56 Health Club Guest RoomHotel~ Restaurant/Lounge :Con ferenee Room 62 ! 221 126 Total 74 706 0 281 0 269 37 312 74 365 74 360 74 366 74 379 74 438 74 419 ~4 409 74 420 7~ 47] 74 531 7~ 548 7a 581 74 587 37 497 0 , 419 0 j 359 32 32 32 32 32 32 32 32 32 32 43 62 62 62 62 62 a3 32 32 221 25 I88 25 144 25 t~ 25 99 25 77 38 66 63 66 88 77 76 77 69 99 63 155 t13 t66 126 199 126 210 126 221 113 22! 88 221 63 g£I8 C9~ .~Ot XY3. SI-:9I g6, g~,,~O Office Peak Demand 92 Time of Day 6am. 3 7 a.m. 18 8 a.m. 58 9 a.m. 86 ] 0 a.m. 92 11 a.m. 92 I2 p.m. 83 1 p.m. 83 2 p.m. 89 3p.m. 86 4 p.m. 71 5 p.m. 43 6 p.m. 21 7p.m. 6 $ p.m. 6 '9 p.m. 3 I0 p.m. 3 !1 p.m. 0 12 am. 0 TABLE 5 SHARED PARKING ANALYSIS USLNG ITE RATES FOR RETAIL USE, ULI/ITE RATES ~'OR OTHER LAND USES Retail 517 0 41 93 217 352 450 501 517 501 491 450 4O8 424 460 450 315 165 67 0 Rastaurant Health 75 91 0 2 4 15 23 53 ,15 45 53 68 75 75 75 53 38 46 46 46 46 46 46 46 46 a6 64 91 91 91 91 91 64 46 46 Club I'~hest Room Hotel j RestauranV'Lounge ConI~rence Room! Total 195 166 127 107 $$ 68 59 $9 117 137 146 i76 185 195 17 17 17 17 17 26 60 76 47 113 85 85 60 43 0 0 74 148 t48 148 148 i45 148 148 145 148 148 74 0 0 261 290 419 629 7~ 966 973 9O2 920 t002 I011 1031 9O2 421 322 e.£If~ g9~ £01- XY''~ 9I':9I TABLE 6 SI-La. RED PARKING ANALYSIS USING LrJ. I RATES FOR KETAI~ USE, ULI/ITE RATES FOR OTHER LAND USES le Office Retail a~Demand'i- 92 637 Time of Day 6 a.m. 3 0 ~ a.m. 18 51 ~m. 58 i ~a.m. 86 i 268 10 a.m. 92 433 Iii a.m, 92 554 1~ p.m. 83 618 : p,m. 83 637 2 p.r,',. 89 618 3 p.m. 86 605 4 p.m. 71 554 $ p.m. 43 503 6 p.m. 21 522 ~ p.m. 6 567 ~ p.m. 6 554 9p.m. 3 389 li0 p.m. 3 204 lil p.m. 0 83 i2 a.m. 0 0 R*stauranl Health Club ~ 75 91 2 4 46 15 46 23 46 38 46 53 46 45 46 45 46 .38 64 53 91 68 91 75 9t 75 91 75 91 68 64 53 46 38 ~ 46 ue$l Roo 195 Hotel l.~taurantYLounge iConference Room 85 195 I66 127 107 88 59 59 68 88 117 137 146 176 t85 195 195 !95 148 0 0 74 148 148 148 148 [48 !48 148 148 I48 I48 148 74 0 0 17 !7 17 17 !7 26 43 60 47 43 60 113 J 113 60 43 Total i323 *.6t 300 441 680 839 957 1035 i086 1090 10aS 1006 1015 1100 lllg 976 721 437 322 ,PTn..ZTn~ flJt~,'KMOH-J,~FII,~I3t .eLIS COq3 ZOI' yy.l 91':9T TABLE 7 SHARED pARKING ANALYSIS USING BOYNTON BEACH GENERATION RATES UL! RATES USED FOR GUEST ROOMS ] i Retail peakDemand~, 111 i 723 Time of Day 6 a.m. 3 0 7 a.m. 22 58 i a.m. 70 i30 9 a.m. 103 304 t0 a.m. 111 492 II a.m. i I I 629 12 p.m. 100 701 1 p.m. 100 723 2 p.m. ~09 701 3 p.m. 103 687 4 p.m. 85 629 5 p,m. 52 571 ~ p.m. 26 593 7 p.m. 8 i 643 8 p.m. 8 ': 629 9p.m. 3 441 !0 p.m. 3 231 11 p.m. 0 94 i2 a.m. 0 0 Restaurant 112 62 0 32 2 32 4 32 11 32 22 32 34 32 56 ] 32 78 32 67 32 67 32 56 43 78 62 I01 62 112 62 112 62 112 62 101 43 78 32 56 32 Hotel Health Club ! uest Roo Restaurant/Lounge 195 126 195 166 127 107 68 59 117 137 146 176 185 195 t95 195 onference RoomI Total 25 25 25 25 25 38 63 76 69 63 113 I26 126 113 63 74 [1409 0 255 0 305 37 425 74 656 74 844 74 986 74 I085 74 1154 74 1127 74 I100 7a I038 74 1042 74 1106 74 117! 74 1187 74 1003 37 723 0 ~87 0 3~6 ~10,'~I0~ ild.[i/X~t0H-J.~tqI(I}I .e;I$ COS m01- XY-I 9I':9I Kimley-Horn and Associates. Inc. February 4, 1994 Revised June 7, 1994 4423T.06(07) Iris. Tambri Hoyden ~ity of Boynton Beach 1120 NE Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Catalina Centre Parking Study ~ Revised to Reflect Flaglcr National Bank Outparcel Site Plan Modification and Conversion to a Boston Chicken ResTaurant Dear Ms. Hoyden: As requested, we have revised the parking analysis for Catalina Centre located in Boynton leach, Florida. This revision is a comprehensive document which includes all previous changes 9 the site, as well as a revision retie, cilag modification to the site plan of the retail outparcel located m Congress Avenue at the south end of the prope%xy. The outparcel is presently occupied by a ),496 square foot drive-in break building which is proposed to be converled to a Boston Chicken estaurant. The demand at the Catalina Centre peaks at 8:00 P.M. This peaking characteristic is 'effected in the tables and buffer cala.dations~ The analysis was based on tile City of Boynton Beach parking code; parking generation rates 'ecommended by the Urban Land l~titute (ULI), LrL][ --the.Urban Land Institute Shared Parking, 1983; parking generation rates recommended by the Institute of Transportation Engineers (ITE), %rldng Generation-An Interim Report, Institute of Transportation Engineers, 1985; and the shared >arking recommeadations of' the Urban Land Institute, ULI --The Ulban Land Institute Shared Parking, 19I/3. All rates used in this analysis represent peak season demand Difference-n in ieasonal peaks which exist among the land uses proposed were consecvatively ignored. Shared parking is an integral part of thc Calalina Centre analysis. Sh~rcd parking is defined ~as parking space which call be used by two or more land uses without conflict or encroachment. In order for shared parking to be utilized, the peak accumulation of parked vehicles generated by different but adjacent land uses must be not be concurrent Catalina Centre will consist of i'our land uses: office, retail, health club with ancitlaw facilities, and holel with restaurant, lounge, and conference facilities contained withia the hotel Considering the land use mix, maximum parking accumulation will occur tm weekdays /c~/'ci-c~./-/C~..b ',.,~.l-Cl.C~ ~ll.o,l.C::3t -1~['~1 ~l~ll'xl~',r~o' ctOI:~O Ms. Tambri Heyden -2- June 7, 1994 An analysis has been made of' the northern parcel, which contains 144,616 square feet of retail space, and the southern parcel, which contains 33,338 square feet of oftSce, 2zi,608 square feet of health facilities, and a 166-room hotel with its auxiliary uses included 18 suites. The north and south parcels were analyzed separately and combined. The analysis was based on information provided by Ocemi Properti~ on ',tie January 21, 1985 site plan of the total development, the August 27, 1986 site plan of the retail parcel, information provided verbally in August 1987, thc outparcel site plan of December 28, 1987, supplemental information provided in 1988 and 1989, and now the proposed conversion of the drive-in bank to a Boston Chicken restaurant. Our analysis demonstrates that the proposed parkin§ will be sufficient to accommodate the parking demands of both the northern and southern parcels, whether ~hey are considered individually or together. Northern Parcel U'LI and ITE are the most widely recognized sources of parking generation data. For a retail development of the size of Catalina Centre, LrLt recommends a rate of'four spac~ per 1 ~000 square feet of gross leasabIe area. This would indicate that 579 spaces should be provided for 0~e northern parcel. ITE recommends a weekday parking rate for peak se*son (Th~mksgiving to Christmas) of 3.25 spaces per 1,000 square feet of gross leasable ara, which would require Catalina Centre to provide 470 spaces for the retail parcel. As per the proposed retail site plan, a total of 682 spaces a~e proposed for the retail parcel, 103 (17.8%) more than required by ULI rates, and 212 (45 1%) more than indicated by the ITE peak season rates. The Boynton Bead% parking code, for retail use, is generalized to accommodate all shopping center sizes 'Fhe code requirm five parking spaces per l ,000 square feet of gross leasab!c area According to ULI, this is a rate appropriately applied to ~etail developments greater than 600,000 square feet. over four times the size of the proposed Catalina Centre retail parcel. Under the Boynton Be*eh parking code, the Catalina Centre retail parcel would be required to provide 723 parking spaces Ms, Tambri Hoyden -3- June ~, 1994 ~outhern Parcel Given the hotel/officedhealth club/restaurant land use mix proposed for the soudmm parcel, it is reasonable to assume that shared parking will occur within the parcel iLself. Analysis of the site plan shows that numerous parking spaces within thc parcel arc convenient to thc four [and uses which will allow shared parking to occur. The nature and location of tile health club suggest~ that many of the patrons o£ the club will be office employees, hotel guests, residenk~ of the adjacent Catalina Club and users of more than one use at the club. These factors permit a reduction in the parking provided. The 20 spaces internal to the health club at. the peak demand rcpr~ent under two percent of the vehicles using a parking space on site. These vehicles have a primary trip purpose at one of the other uses on site (hotel, office, retail). A 25% reduction was applied to the health club facility, as per previous correspondence with the City, to account for the secondary characteristics of trips to this type oi' facility. The swimming pool and outdoor courts arc ancillary uses which require no additional parking. 'Fable it (attached) outlines the par'king demand which can be expected for the southern parcel using ITE and/or ULI generation rates As shown in Table 1, without considering shared parking, 597 parking spaces are required under ITE/UI.I recommendations. Compared to IrE and ULI, the Boynton Beach parking code }s more conservative for office, hotel, and restaurant/lounge land use, but requires fewer spaces for conference f,acilities. Parking demand for the southern parcel generated using the Boynton Beach parking code is shown itl Table 2 (attached). As shown, without considering shared parking, the Boynton Beach code would require 683 spaces to be provided f,or the southern parcel. As previously stated, thc physical layout and mixed-use character of the southern parcel lends itself. t~ shared parking. Table 3 (attached) shows thc peak parking demand projected for Catalina Centre's southern parcel using the generation rate recommended by ITE/ULI, and considering the ihared parking recommendations o f' LrLI As seen, 508 spaces are required to meet the peak parking demand, well below' the 580 proposed for the site Table 4 (attached) shnws the peak parking demand for the southern parcel using Boynton Beach rates f'm parking getleration, and U-bl recommendations for shared pa~kmg. As seen, t,nder these criteria, peak parking demand will be 563 spaces The 580 spaces proposed represent a projected surplus of 17 spaces Ms. Tambri !leyden -4- June ?, Ig94 B~sed on the above analysis, parking proposed for the soutt,,crn parcel of Catalina Centre .shouid Drove sufficient to handle its parking needs. Total Development Given tim mixed-use character' and physical layout of the Catalina Centre site, the most reasonable approach for analysis of tile total development is through usc of ULI shared parking recommendations, A total of 1,262 parking spaces are proposed for the development. Projected parking demand for the total site using ULI's shared parking recommendations are shown in Tables 5, 6 and 7 (attached). Tables 5 and 6 use the ITF_-JULi parking generation rates applied in Table 2 for land uses other than retail. Table 5 uses the peak season rates for retail generation, !ad Table 6 nses ULi rates for retail generation. B~ed on previous discussions with Boynton Beach dity staff, as the various hotel components are to be evaluated separately, the ULI rate of 1.0 space per hotel room and the ULI residential rate of 1.6 for the hotel suites is the appropriate parking generation rate to be used in the analysis. Table 7 reflects this rate for the hotel room and suite generation and Boynton Beach code rates for all other uses As shown, considering shared parking, the number of parking spaces recommended for Catalina Cea~ta'c ranges from 898 to 1,146 dcpending on the generation rate selected. It should be noted that in all the above scenarios, except where thc Boynton Beach codes are applied to each land use, Sufficient parking space is provided on site even without considering shared parking. For the <emainder of the analysis, the more conservative Boynton Beach rates reflected in Table 7 will be applied. The City of Boynton Beach requires that a 10 percent buffer be provided to ensure that a sufficient fiumber of parking spaces are available at the time of'peak use From Table 7, we can see that the peak hour parking demand occurs at $:00 P.M. This demand is 1,146 parking spaces According ~o the code, the site is required to have 1,146 + (1,146 x. 10) - 1.261 parking spaces It is seen that using the Boynton Beach gene:ation rates, both the office and retail parcels meet the Boynlon Beach buffer requirement of IO percent Ms. Tambri Heyden -5- June 7, 1994 Based on thc above analysis, the 1,262 spaces provided for the total development should prove sufficient in handling the parking demands of the devclopment. you have any questions regarding this analysis, please do not hcsitate to contact us. Vcry truly yours, KIMLE. y-HORN A,I~!'D A$SOCIA'~S, Jos~eph B{ Pollock. Jr., Senior Vice Presideat n3V:jsl Ehclosures Florida Registration Number 19562 qopy to: r. Todd $orrin r Tom McMurrain LgLg-gEL-LO~ ~]S ]L~£$] ~¥~ 39¥1N¥^0¥ ~TT:~O ~6-~T-~ · J v ~J U ~ :~ U 7 .A.2 ROMANO'S MACARONI GRILL AT THE CATALINA,_~m~?~-~' SITE PLANS Major Site Plan Modification PLANNING AND ZONING DEPARTMENT MEMORANDUM %95-672 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 8, 1995 DESCRIPTION OF PROJECT: Project Name: ApPlicant: Romano's Macaroni Grill at Catalina Center Plat No. Kevin Connell c/o Brinker International Agmnt: Roscoe L. Biby, P.E. with Kimley Horn and Associates, Inc. Location: 1501 N Congress Avenue (see Exhibit "A" location map) File No.: MSPM 95-008 {Major Site Plan Modification) Land Use Plan Demignation: Local Retail Commercial (LRC) zoning DeSignation: Community Commercial (C-3) TYPe of Use: Renovation of an existing vacant restaurant building for use as a new restaurant with an increase of 42 seats. Number of Units: SqUare Footage: Surrounding Land Us~s and Zoning District: N/A Site: 11,912 square feet Building: 8,998 square feet North - Catalina Center shopping (Plat No. 2), zoned C-3. (.27 acres) center South - Holiday Inn at Catalina Center (Plat No. 1), zoned C-3. East Congress Avenue; farther east is the Motorola PID. Existing Site Characteristics: Pr)posed Development: West - Catalina Center shopping center (Plat No. 2), zoned C-3. On the property, which is an outparcel (separate lot of record) within the Catalina Center Plat No. 1, exists a vacant building that was previously occupied by Marie Callender's restaurant. Site plan approval was granted in 1990 for a seating capacity of 206. This request proposes modifying the exterior of the building to tailor it to Macaroni Grill's corporate identity and to increase the seating capacity of the restaurant from 206 to P,age 2 Memorandum NWSP 095-672 Site Plan Review Staff Report Romano's Macaroni Grill Concurrency: Drliveways: Parking Facility: 248 seats under a revised shared parking agreement (further discussed below) see Exhibit "B" - site plan. Traffic - The project is vested for traffic concurrency as an outparcel of the Catalina Shopping Center. Drainage Drainage certification is not needed since no changes to the parking lot or paved areas is requested. The outparcel relies on cross access with the Catalina Center shopping center to provide access since it does not have direct access to a public right-of-way. The shopping center has a two-way, major driveway off of Congress Avenue which serves not only the subject restaurant, but also the Holiday Inn. The Catalina Center shopping center, the Holiday Inn, the subject restaurant and the future (unbuilt) 75,000 square foot office/health club building to be located immediately west of the Holiday Inn were approved under a shared parking agreement (and also cross access agreements). Consistent with code, the shared parking agreement for the center (originating in 1985) permits fewer than the city required number of parking spaces, based on data that indicates that due to the type and mixture of all the uses under the agreement, sharing of parking can occur. Sharing of parking can occur without competition for the same parking when the peak parking demand for one use occurs at a different time of day than the use(s) with which it is sharing parking. For example, retail uses have a peak parking demand at approximately 1:00 in the afternoon, whereas motel uses have a peak parking demand between 10:00 at night and 6:00 in the morning. The shared parking study for the center has been revised many times in the past as part of development of the property and changes in building occupants. With the exception of the future office building previously mentioned, the property is built out. This office building was approved in 1988 and has expired, however traffic concurrency was vested as a result of a plat which was recorded. This site plan approval would have provided 93 parking spaces to share among the various uses covered under the shared parking study. The study continues to assume sharing of this future parking (see further comment on this below). The shared parking study was last revised in 1994 to allow conversion of the former Flagler Bank building within the center to a Boston Chicken restaurant. The shared parking study approved at that time indicated that the peak parking demand for the overall center was 8:00 P.M. weekdays and provided the required 10% Page 3 Memorandum NWSP ~95-672 Site Plan Review Staff Report Romano's Macaroni Grill L~ndscaping: B~ilding and Site Rggulations: Cc mmunity Design Plan: buffer, plus a surplus of one parking space. The study used Boynton Beach generation rates for those uses specified in the city's code and ULI rates for uses not specifically set forth in the code. The approved shared parking study has been revised to reflect the request for 42 additional seats which would otherwise require 17 additional parking spaces to be provided. A copy of the shared parking study is attached in Exhibit C. The major difference in the proposed study and previous studies for the center and other studies approved in the city for various uses, is that a different methodology from the previous study has been used. Rather than using Boynton Beach generation rates, the study reflects a combination of ULI and ITE rates, which require less parking than city rates, in addition to apply shared parking/ maximum parking accumulation at peak parking demand. The applicant states that use of these rates is justified based on actual field counts that were taking on site during times the applicant considered to be peak hour and peak season. Staff cannot support the shared parking study submitted based on a determination that although the code allows for shared parking using ULI (or equivalent) data to determine parking accumulation, it does not allow relief from the city's parking ratios; relief from the city's parking ratios is appropriately provided through the variance process. Furthermore, staff's position is that the code reference to use of field studies and traffic counts, where appropriate, is not appropriate in this case since the uses and combination of uses are not unique and are already documented in ULI and ITE publications. The proposed development includes all required minimum landscaping required by code. The proposed development meets the requirements of the building and site regulations. Total site area is 11,912 square feet, building coverage is 8,998 square feet or seventy-five percent (75%) and the height of the existing one-story building is twenty- two feet (22') . As previously mentioned, the exterior of the existing building is to be modified to incorporate Macaroni Grill's corporate colors, features and materials to the greatest extent possible, while maintaining an architectural continuity with the rest of the Spanish/Mediterranean style shopping center. The color of the stucco building will be changed from a light peach to a very dark peach. Some of the shutters will be changed Page 4 Memorandum NWSP #95-672 Site Plan Review Staff Report Romano's Macaroni Grill from off-white to dark green and some from off-white to tan. The teal canvas awnings will be replaced with medium brown awnings. Las~%y a new arched entrance feature will be constructed which will have a rustic stone venee~u. St~nage: RECOMMENDATION:. Building signage will be dark green and red. S~aff comments are attached in Exhibit D - Administrative Conditions. Consistent with the above discussion and concerns with the shared parking study, this request is recommended for approval, wmth the exception of the requested increase in seating. DDC: ddc xd: Central File EXHIBIT II ~ II LOCATION MAP 'ROMANO'S MACARONI GRILL ~E "MOTOROLA ..... SITE 1/8 I '0 .400.'800 FEET EXHIBIT II B II [I II I EXHIBIT I! C ll BERRY & CALVIN, INC. ENGINEERS · SURVEYORS , PLANNER~ january 2, 1996 Mr. Dan DeCarlo Assistant Planner plarming and Z.,(nib~ Deparanen~ City of BOyaton Beach 100 E~ Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Macaroni Grill l~arklng B&C ProjeetNo. 95-1472.40 Dear Dam A .'vlaeavoni Grill is proposed to be located at 1501 North Congress .&venue atthc site within Catalina Centre which orig'mally housed the Marie Calendar's R~'tanrant. The applicant i~ ba.~ing its evaluation of needed park, Lng on the increase in number of s-~ats rom 206 (Marie Calendar) to 248 (Macaroni Ga411). Based on the Boynton Code requirement of one parking'space per 2.5 restaurant seats, the 42-seat increase results in a need for 17 additional spaces, aifich represents an increase o£approrJmately 1% o£tke total shopping center parlA-s To deterrame if this 17-space increase in parking is actually necessary, we conducted 15-minUte field obs.'rations of Catalina Centre parking areas from 10:00 am to 9:0[} pm on Friday, December g and Saturday, December 9, 1995. Given this weekend's pro~mi~ to Hanukkah (December I gth) and Christmas (December 25), this may well have b~en the peak shopping weekend of 1995~ Peak demand for the existing usa likely occurred at 1:30 on Saturday when approximately 544 of the existing 1,167 parking spaces were occupied. Even during this peak period,, approximately 623 spaces were available~ Wkile our field observations were only- preliminary, it seems clear that sufficient excess parking is available to =uppor~ the Macaroni Grill If desirable, our field observations can be adjustea to ream fun occupancy (¢urren+.ty approximately 77% occupied, with a significant portion of the unoccupied space being the vacant Movie Calendar restaurant), and submitted as a SUl~plement to this letter. If t~c U]ban Land In~titute's SharadParking methodology, a~ allowed by City Code Chagter 2, Zonillg; Sectiort 11~ Supl~lemen~l Reg~e~ions; Subaeetio~ ~, Provision o£Off-gReet Parklxtg Spa~as; para~sph 13, is utilized to determ.Me necessary parking for Cmali~a Centre, dais. methodology also eoM-maas that available par]flag will be adequate to s~pport'the additional restattrant The Code permits application of the $1mred F~rkin$ methodology, in whole or wlth oth,~' published or documented parking rates as inputs, and requires that a ~0% "bu~" b, ~aaed to the 4.53 '/~staaanAvenue. Suite~L~W~tPalmBaach. FIodda3M01 (407}8;3,5<C62 Fa~ (407) 8850376 Srn~d Pariing-cimiwxt parking requirement in ard~r to insure that mr~ciant parki~ is available at all times. The shared parking area e~midered in this review is located south and west (bat pot north.) Of the McDonald's Restaurant vdthin Cat.lh,. Centre, and in~Iudes the Hciliday Inn parking areas. (The Ta,vget Shopping Center including the Bame~- & Noble Bookstore and ~,n,so~iated parking areas were n~t considered.) The attaehe~t Table A illumx'ates be .qha~ed Par/ting methodology ~ps ~ a~hed to C~ina Ccn~ for w~kday c~o~ at ~ompl~ion of ~e m~er pl~ ~ject ~I~ of The ms~ sho~ m 248 ~s (m~fly revised do~w~ ~om 280 o~y ~opos~ ~a~) ~p~m~ ~e pmpo~ ~o~ ~. ~e 1 ~616 ~ feet ofre~l ~ r~ms~ts ~ ~-~ ~1 use~ whioh incl~es a 8e~'i*e M~dise, M~s~l's Depm~t Stm ~d v~us boutiques ~ ~E ~ ~e McDo~d's ~ Boston }~ ou~ls. ~e ~ml roo~ hotel hotel ~t ~ l~ge ~d eop~nse roqms ~ comprise ~e Holt~y ~, ~e offi~ sho~m in ~e ~ble m~esents tM 75,~0 am fora ~d~e'office b~d~g to be cons~ oa son,west comer of~e ~. AppmXim~ly 95 ad~fion~ pang spaces wo~d be con~m~ ~j~ m ~e ~ office b~l~gw p~ly suppen iL ~e ~e office wo~d ~ m ~e a~ed p~g ~gemems. The park/rig gene~afian rate~ sho~vn in Table A as inpu~ for this analysis were provided in the Shared P~Mng publication and the Insti~te of T-mn~portation Engineers' Parking Generation. second eflition, 1987. The total p~kin§ demand was co2culated for each use independently. ]'hen, the t0*~fl parking dem~md was used in cambinadon with the hOUrly accumuladcxs perc~itnges provided in the Shared Parking methodology to arrive at hourly pazking dmand for each land use. ~llen the individual lmud uses' hourly parking accumulations am totaled, it i~ lmssibl6 to idenfif3r the peak clem,md ~r the overall site. A~ shovel in Table A, the peak demand, considering all of the v~alyzed uses, is projected tn occur az appro.xima~ely 1:00 pm on a w~kday. (Table B provides the same park;,~g analyfis for Saturday, and by comparison demonstrates that weekday demand exceeds weekend demand). The total peak demand, including the 10a/o buffer, ~s 1,229 parking space~, The total parklng promdcd at buildout is 1,262 spaces. Therefore, it can be concluded ~ the parking will be more than adequate to support the above land uses. Table C reflects the exact conditions on she today with the proposed Macarc~ C~rfll. Thc future office f~¢illtles have been eliminated. As ~h~wn in the'table, shared parking calculations, including lhe 10% buffer, indicate that, 1,126 parkin8 spa~es will be needed tn rapport peak // Mt. Dan DeCarlo B&C Project ~95-I471t.40 Jmum~ 2, L996 Pa~e :3 demand. A total of 1,167 spaces would be available; therefore, itcau b~ concluded that the c~t~¥ available pm-ldn~ i~ el~ maze than adequat~ to s~pport ~ ~x~ing uses end the !~opo~d Mecemal. GrilL In,llulc 1 ~94, Kimle~'-Hom and Associams submitted a l~rkin§ study accoml:~mying.an application ~o convert the bank outparc~l to a Boston Chicken restaurant. The study offered several alternative calculations of needed parring, One allemative indicated that there would be only one excess patlti~g space available at the sit~. Tha~ ~cluaian wa~ baaed on an e,k~ely con~vati~ combination af m~chvdolo§i:s submitted to demonstrate that ~ven trader the most con~ervativa methodology, the additional restaurant seats wonld have sufficient parking. That methodglogy ut li a city Code parking rat~s as inpnts in the Shared Parking methodology (where ULI, ITE or ot~r observed parking demand rates appear to be inteaded for application) along with ar/ additional 10% buffer. The City Code parking rates are ~at at a level whlch refleetz bath demand and an approximalely 10% buffer, llterc£v~, the additional 10% buffer is mmeceasary as ol~arly demonstrated by the field observations. Ihe Kimley-Hom and Associates September-27, 1995 letter provides a detailed explanation of this. If you hay= any further questions regan;ting the parking at the Catalina Centre, plc~.~e do not hesitate to contact me. Sincerely, BER,RY & CALVIN. INC. Molly Hughes Director, Transportation Engincering & Planning cc: James M¢Curry Barbara l-loll a.\147~'~.w0d m m Kimley-Horn and Associates, Inc. Engineering Planning and Environmental Consultants September 27, 1995 · 4431 Embarcadero Drive West Palm Beach, Rorida 33407 Ms. Tambri Heyden City of Boynton Beach 120 NE Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Catalina Centre Parking Study Report dated August 23, 1995 040106.00 Dear Ms. Heyden: It has become apparent in discussions which City staff members have had with Kevin Connell and Jim McCurry that questions have arisen in comparing the above referenced study to the study prepared on June 7, 1994 for the conversion of the Florida National Bank Building to a Boston Market restaurant. In the June 7, 1994 study, it was concluded that the site had one surplus parking space after providing a 10 percent buffer. Logically it would seem that if there was only one space surplus available and a number of seats are being added to one of the restaurants which would require additional parking, the parking supply would not be adequate. The report dated August 23, 1995 does indicate, however, that there is adequate parking on the property even with the additional restaurant seats. This letter is intended to provide an overview of how the August 23, 1995 is valid and is consistent with the City code requirements. The June 1994 study conclusions were based upon a 10 pement buffer being added on top of the City code parking rates. That report states that this is a more conservative approach. Our review of the City code indicates that the 10 percent buffer is to be provided when observed parking data or rates are used as opposed to the City code. The City code parking rates have included within them a buffer to accommodate fluctuations or variations in demand. Thus, adding a 10 percent buffer on top of the City code rates would be more conservative than necessary. The provision of a 10 percent buffer over and above the observed parking demand is a industry standard to provide a cushion such that parkers do not become frustrated in trying to find a vacant space. Thus, the June 7, 1994 study, as well as previous parking studies, was very conservative in that the buffer was applied to the Boynton code parking rates. I~1 TEL 407 845 0665 FAX 407 863 8175 ~mley-Horn and Associates, Inc. The August 23, 1995 study was prepared in compliance with the City code by adding a 10 percent buffer to the parking demands based upon Institute of Transportation Engineers (ITE) and Urban Land Institute (ULI) parking demand rates. The August 23, 1995 report did not apply the 10 percent buffer to the City code parking rates. As the August 23, 1995 report indicates, the parking requirements for the property utilizing ITE/ULI rates with a 10 percent buffer are very similar to the rates contained in the Boynton Beach code. This validates and supports the Boynton Beach parking code in that it provides a 10 percent buffer or greater over and above the observed peak parking demands for various land uses. The August 23, 1995 report indicates that the peak shared parking demand for the center utilizing the Boynton Beach parking code rates is 1,187 which is less than the 1,262 parking spaces provided on site. By comparison, the buffered peak demand utilizing ULI/ITE parking rates is 1,135. Thus, the Boynton Beach code is more conservative and we have used that in reaching our conclusion that the 1,262 parking spaces are adequate and will provide sufficient parking for the uses and the intensities analyzed. If you should have any questions, please call. Very truly yours, INC. JBP:jsl 040106004192595th E X H I BIT EXHIBIT ~'D" Administrative Conditions Project name: Romano's Macaroni Grill File number: MSPM 95-008 Drawing reference: Nine sheets submitted by Kimle¥-Horn and Associates, Inc~lm~rked 5Secon~ Review!' and haviri~a Plannin~ and Zonin~ DePartment date ~e~eived stamp of November 9, 1995. DEPARTMENTS I INCLUDE IREJECT PI/BLIC WORKS Comments: NONE UTILITIES Comment s: NONE FIRE Comments: NONE POLICE Comment s: NONE ENGINEERING DIVISION Comment s: NONE ! BUILDING DIVISION Comment s: 1. There is a discrepancy between the site plan and the landscaping sheet. Proposed pedestrian walkways connecting to sidewalks on the site plan are not shown on the landscaping plan. 2. The sidewalk appears to terminate at a light pble. Adjustments need to be made to alleviate d~fficulties for pedestrians in wheelchairs. PARKS AND RECREATION Comment s: NONE FORESTER/ENVIRONMENTALIST Comment s: NONE PLANNING AND ZONING Comment s: T~e shared parking report dated January 2 1996 f~om Berry & Calvin, Inc. is not acceptable since i~ does not use Boynton Beach generation rates. Therefore, a variance for parking is needed or a r~duction in seating to the original 206. If the C~ty Commission approves the study, a note shall ble added to the site plan to reference the date ~nd conclusion of the study. 4. qorrect the elevation drawing discrepancy between ~he materials/colors shown in the legend and the lorresponding materials/colors on the various levations. Recommendations: 5. (hange the color of the walls of the building ~..~ i rom dark peach to a shade of tan lighter than that proposed for the trim and change the color ~f the awnings from brown to dark ~reen. Minimal use of the stone veneer is also recommended for ~he columns and main entrance only. 6. qse melaleuca mulch instead of cypress mulch. 01/15/96 MON 11:14 YAI 407 562 9689 K[~ [~G YERO SENT BY: ; 1-12-95 ; 8:12AN ; Boynton Bch fax- ~ OOl 853 9175;# 2 N'~i~O~.A.Z~OM~O. 96-019 Agenda MemOrandum for Janus,-/ 16, 1995 City Commission Meeting Carrie Parker Ta~b=~ C. Heyden~' Planning and Zoning Director January 11, 1996 Blease place the above-referenced request under Development Plane f°rlthe January 15, .1995 C~ty Commission agenda. DESCRIPTION: The above reql/ee~ was · ~i~!,wtth Kimley Horn and Aee~cia~-- ~m~tted by Roscoe L. Bibv ~r~Ker incarnations1, % ...... -T~, ~zc. agent for Kevtn ~acan~ res=aurant ~,,~/~_~vace t~e exterior of ..... ..... , = sn ~ · be part~ of this request. ~e ~ area P~k~ng study is also restaurant is located at 1501 N. C~ngrese AvenUe, an outparcel wi=bin the Catalina Shopping Center, previously occupied by Marie Callender,s restauran:. RECOM~NDATIoN~ The Planning and ~ ...... ~ votei recommended a~,roval .... ..u~vezopmen= ~oara, wxth a commence in Exhibit ~ inc-..~ cn~s _~equee~, subject to exteriorapplicant'~ concerns with comment 5, re~ardiag the buildl~- changes. Please no~e tha~ although the recommendation for approval of the request, the staff com~en~s include a negative recommenda~ion reg&rding the s~ared ~arking meChodolo~ and =herefore, increase i~ seating. Wi~h respect ~o exterior slava=tone, comment 5 ie ~roposed to read as follows= $. Retain =he ex/sting building color, change the color of th~ awnings ~rom brown to dark green an~ l~mit use of at.~ne veneer to the columns on all s/des of the building and =o =he arched ~oor eh=fence fea=~re o~ the nort~ elevation. This has been diecueee~ with the apDlican= who has g~anted accel:ante, subjec= to his field visit. ~c: Oentral File ~ost-it~ Fax Note ?'671 u,te {pageS WED 17:09 ~AX 40? 562 9689 I~ URG VERO ~004 Ir~OV~SZO~ 0~ OFF-~TJt~BT PARK~ S~lS. parking atom h~a ~een inspected an~ approved bM the No gewe~ ~n £~= (4) p~v:Lded ~o= any n~xea:Ld~n~:LaX not logo ~ mi~c (8) ~m o~ ec~lliz~ m~ll ~ee ~ki~ sCaX~w ~d C~-~M ~a~ic la aisles, 2-L01 11/29/95 WED 12: 1~/29/95 ?0~D 17:10 FAX 407 562 9689~ ~ URG VERO [~005 11. ~e sPe~L£ted In C~apter 22 o~ tho c~cy se Uc~nton ach Laud Development. ltocjuZa~Lans. -~ ~_~ ~a oc~pt~ ~ c~ pr~c~ uso, ~e_c~ a~a oc~p~ed ~ ~1 ameeoeo~ uses, ~e~a, ~zz~ee, ~ eevtra~ prino~pa~ USes Met ~ ~o ~1~ cc uae ~c ~ clearXy ~l~Ced, c~ n~r o~ ~ ~e ~X1 a~ly. 13. P~kt~ e~eeo ~ ~ ~ ~ce Cow ~e use t~ r~A~ ~r~ ~acee o~ one.er uae or · --*.o. 2-:102 11/29/95 R~J) 12:18 [Tl/l~ NO 5395] ,LI/,%:/~D 1¥': 1/ '4~? ~,2 ~6~,.~ 11/29/95 WED 17:11 FA.,% 407 *562 9689 IO~LLA URG V~R0 :,,~E;iT BY: ;11-29-v~5 ~ ~:~4P# : Boynt~n B~h tax* ~006 14. co r. he next high,et wboXe mmbec. a. ~,,elXAnom, Xodgin~ an~ or. he= ~i1~= ~ ~a~ltacion: 2-103 11/29/95 WED 16:32 [TX/RX NO 5407] 11~29/95 17:13 407 ~ 96B9 1t/29/95 W~D 17:11 FAX 407 562 9689 ~ 10~. URG ~0 ~ $~NT ~Y: ;11-~-~5 ~ ~:$~# ; ~oyn~on Bch fax~ [~]007 b. (3) (3) C~u.-'gtmo., teup].em, mhd o~hor pXm, cem o~ vo~j,b:Lp. O~ (1) paz'~:Lng rpaco ]Ge= roux (4) o~e (~,) p~rk:L.uO' space per one ~_h~ld. (10c)) IBq~ foec o'p 9TOIS ~3.oo~ az-ua ~o= ~e £ac:L14t:Lem end dve11~-~m. 2-3.04 11/29/95 WED 16:32 [TX/RX NO 5407] 11/29/9~ ~ED 17:12 FAX 407 5~2 9689 l~Lt L~G VITRO ~008 13) L:l.,brar:Le8 mid re,mm,uss: One ('~) paz-~l,ng space per ca.--me aundred (300) square (4) Day ears cencmz-e mad ~smz'F aclu, maXI: One (1) pm.~P~ mp~=m pet c.h.~ml h~ (300) lq'~a~'e £ee~..o~ groom £1oor ina, pXul prov~ezon ~or · ~cmvoz~anlc d,-op-o"",' a. eea "4:Jmeonc to ~he bu:l. ldAug prov:Lding unobsccuc~ tncj~-oss ~ egress. .pm.-)=Ln~ spasm per £a~ b~al~ed (S00) irma o~ ~s. (G) Secondary schools a=d high i~3zoola: One (1) ~ e]paoe per one tmedzed (200) square z:oe~.oz c.tulroan £Zoor irma, pZul ,'mb (1) _/~tr~,.zt~ spmc~ per t~o lmttd.-~d (200) square ('7) Collages, un:L.d*e~ittem, seminar:Lmm, t:eeJm:Lcal ~ ~Cac:Lm,L1. mchc.:*la: One (11 par two Am~.-~Jd (300) square rest; o£ £1ooz~ requ'l=md mlmcu £or any o .Cigar princ:Lpal usam, :LncXmii~ bf£:Lcea, X;i.13raz'~em, eudico~J.uma, ind. ro=~t;:Lou £&clZ:Ltiea. (.8) 8poc:LS3.:l. nad :Lust. fa.act:Let, :l,-tcZ-d4-9' damce, pe~£est: o~ gr~H ~1oo= area.. m~ pez' tvo Aund~ed. (200) Iq~are (2) ~b, opp:Lug centoz'B: ~ (2) l~t.ng spasm Var cvo h~nd,Eed (300) m~l=m £eet 0£ groae lemm.M.e ~Plooc area. (3) Of4":l. fl-nt;LtX =m.p~en,: c~e (2.) pa~k~.ng opaa-e 1per tvs hu~S-~ed (200) sqv. ta=e ~eet o£ (4) let;a:LX gaooZ~ue sm.l.ea, reel:L1 mxComoc:Lve paz'~e a.nd/m~ acceemort, ma alisa, ~ .aucouo~va rquuLns, ~ncXud~g. ua~or =opa:Lra, -ou.c e2r, c~ au'comoc:l, ve p&.~nc and. bo~y shape: Qne (lJ pez~Lng BI. ce per 3-10S 11/29/95 w. tib 16:32 [TX/RX NO 54071 FiLE CC~P,v. -: ~ FACSIMILE ~ ~' ENGINEERS · SURVEYORS · PLANNERS WEST PALM BEACH OFFICE , ~N~ON: Mr. Dan DeCarlo PROJECT: Macaroni Grill COMPANY NAME: City of Boynton Beach PROJECT No: 95-1472.40 FROM: MOlly Huqh~s/~P.Tmada RE: parking study BERRY & CALVIN, INC. DATE: COPY: NO. OF PAGES INCL.UDING coVER: 7 FAxNo: 375-6090 PHONE NO: 375-6260 MESSAGE 1/2/96 Barbar~a 'Hall plp~sp ~11 if any questions. If you do not receive all the pages noted, please call this office as soon as possible. 450 AUSTRALIAN AVENUE, SUITE 350 WEST PALM BEACH, FLORIDA 33401 PHONE (407) 835-0052 & CALVIN, INC. ENGINEERS · SURVEYORS " PLANNERS Sa~uary 2, i996 Ft E COPY Mr. Dan DeCarlo Assistant Planner Planning and Zoning DePartment City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Macaroni Grill Parking B&C Project No. 95-1472.40 Dear Dan: A Macaroni Grill is proposed to be located at 1501 North Congress Avenue at the site within Catalina Centre which originally housed the Marie Calendar's Restaurant. The applicant is basing its evaluation of needed parking on the increase in number of seats from 206 (Marie Calendar) to 248 (Macaroni Grill). Based on the Boynton Code requirement of one parking space per 2.5 restaurant seats, the 42-seat increase results in a need for 17 additional spaces, which represents an increase of approximately 1% of the total shopping center parking. To determine if this 17-space increase in parking is actually necessary, we conducted 15-minute field observations of Catalina Centre parking areas from I 0:00 am to 9:00 pm on Friday, December 8 and Saturday, December 9, 1995.-Given this weekend's proximity to Hanukkah (December 18th) and Christmas (December 25), this may well have been the peak shopping weekend of 1995. Peak demand for the existing uses likely occurred at 1:30 on Saturday when approximately 544 of the :existing 1,167 parking spaces were occupi6d..Even during this Peak p~ri0d, approximately 623 spaces were available. While our field observations were only preliminary, it seems Clear that sufficient excess parking is available to support the Macaroni Grill: If desirable, our field observations can be adjusted to reflect full occupancy (currently approximately 77% occupied, with a significant portion of the unoccupied space being.the vacant Movie Calendar restaurant),: and submitted as a supplemeni to this letter. If the Urban Land Institute's Shared Parking methodology, as allowed by City Code ChaPter 2, Zoning; Section 11, Supplemental Regulations; Subsection H, Provision of Off-Street parking Spaces; paragraph 13, is utilized to determine necessary parking for Catalina Centre, this methodology also confn-ms that available parking will be adequate to support the additional restaurant seats. The Code permits application of the Shared Parking methodology, in whole or with other published or documented parking rates as inputs, and requires that a 10% "buffer" be added to the 450 Australian Avenue, Suite 350, West Palm Beach, Pa-ida 33401 (407) 835-00152 Fax: (407) 8354~076 Mr. Dan DeCarlo B&C Project #95-1472.40 January 2, 1996 Page 2 Shared Parking-derived parking requirement in order to insure that sufficient parking is available at all times. The shared parking area considered in this review is located south and west (but not north) of the McDonald's Restaurant within Catalina Centre, and includes the Holiday Inn parldng areas. (The Target Shopping Center including the Barnes & Noble Bookstore and associated parking areas were not considered.) The attached Table A illustrates the Shared Parking methodology steps as applied to Catalina Centre for weekday conditions at completion of the master planned project (buildout of the approved land uses). First, the table reflects the land uses and scales considered in the analysis. The restaurant shown at 248 seats (recently revised downward from 280 originally proposed seats) represents the proposed Macaroni Grill. The 144,616 square feet of retail use represents the in-line retail uses which includes a Service Merchandise, Marshall's Department Store and various boutiques as well as the McDonald's and Boston Market ourparcels. The hotel rooms, hotel suites, hotel restaurant and lounge and conference rooms all comprise the Holiday Inn. The office space shown in the table represents the 75,000 square-foot future office building to be constructed on the southwest comer of the site. Approximately 95 additional parking spaces would be constructed adjacent to the future office building to partially support it. The future office would also participate in the shared parking arrangements. The parking generation rates shown in Table A as inputs for this analysis were provided in the Shared Parking publication and the Institute of Transportation Engineers' Parking Generation, second edition, 1987. The total parking demand was calculated for each use independently. Then, the t0talparking demand was used in combination with the hourly accumulation percentages provided in the Shared Parking methodology to arrive at hourly parking demand for each land use. When the individual land uses' hourly parking accumulations .are totaled, it is possible'to identify the peak demand for the overall site. As shown in Table A, the peak demand, considering all of the analyzed uses, ~s projected to occur at approximately 1:00 pm on a weekday. (Table B provides the same parking analysis for Saturday, and by comparison demonstrates that weekday demand exceeds weekend demand). The total peak demand, including the 10% buffer, is 1,229 parking spaces. The total parking provided at bulldout is 1,262 spaces. Therefore, it can be concluded that the parking will be more than adequate to support the above land uses. Table C reflects the exact conditions on site today with the proposed Macaroni Grill. The future office facilities have been eliminated. As shown in the table, shared parking calculations, including the 10% buffer, indicate that 1,126 parking spaces will be needed to support peak Mr. Dan DeCarlo B&C Project #95-1472.40 January 2, 1996 Page 3 demand. A total of 1,167 spaces would be available; therefore, it can be concluded that the currently available parking is also more than adequate to support the existing uses and the proposed Macaroni Grill. In Jtme 1994, Kimley-Hom and Associates submitted a parking study accompanying an application to convert the bank outparcel to a Boston Chicken restaurant. The study offered several alternative calculations of needed parking. One alternative indicated that there would be only one excess parking space available at the site. That conclusion was based on an extremely conservative combination of methodologies submitted to demonstrate that even under the most conservative methodology, the additional restaurant seats would have sufficient parking. That methodology utilized City Code parking rates as inputs in the Shared Parking methodology (where ULI, ITE or other observed parking demand rates appear to be intended for application) along with an additional 10% buffer. The City Code parking rotes are set at a level which reflects both demand and an approximately 10% buffer. Therefore, the additional 10% buffer is unnecessary us clearly demonstrated by the field observations. The Kimley-Hom and Associates September 27, 1995 letter provides a detailed explanation of this. If you have any further questions regarding the parking at the Catalina Centre, please do not hesitate to contact me. Sincerely, BERRY & CALVIN, INC. Molly Hughes Director, Transportation Engineering & Planning A't/:achments cc: James McCurry Barbara Hall MH:dvs ~ E E E E EE E E E E E E E E EE E E TABLE I CATALINA CENTRE PARKING SURVEY SUMMARY FRIDAY, DECEMBER 8, 1995 Time Number of Parked Autos by Lot (Beginning) Plaza Hotel Total 10:00 AM 233 59 292 t0:15 AM 260 59 319 10'30 AM 262 56 318 10:45 AM 278 55 333 11:00 AM 273 65 338 11:15 , AM 254 83 337 11:30 AM 288 95 383 11:45 AM 308 121 429 12:00 PM 341 130 471 112:15 PM 347 129 476 tPEAK 12:30 PM 337 137 474 12:45 PM 330 134 464 01:00 PM 321 127 448 01:15 PM 315 128 443 01:30 PM 316 119 435 01:45 PM 299 115 414 02:00 PM 296 101 397 02:15 PM 301 82 383 02:30 PM 296 68 364 02:45 PM 276 54 330 03:00 PM 271 48 319 03:15 PM 275 46 321 03:30 PM 290 46 336 03:45 PM 283 45 328 04:00 PM 277 45 322 04:15 PM 267 52 319 04:30 PM 268 76 344 04:45 PM 244 73 317 05:00 PM 269 75 344 05:15 PM 226 79 305 05:30 PM 187 75 262 05:45 PM 188 81 269 06:~ PM 164 85 249 06:15 PM 160 86 246 06'.30 PM 187 93 280 06:45 PM 184 90 274 07:00 PM 196 122 318 07:15 PM 232 145 377 07:30 PM 237 157 394 07:45 PM 227 151 378 08:00 PM 222 150 372 08:15 PM 207 151 358 08'.30 PM 204 t48 352 08:45 PM 174 * 174 09:00 PM 167 * 167 1. Study area included parking areas south and west (but not north) of McDonald Restaurant. 2. Asterisk indicates survey was discontinued at the request of Holiday Inn management TABLE I CATALINA CENTRE PARKING SURVEY SUMMARY FRIDAY, DECEMBER 8, 1995 Time Number of Parked Autos by Lot (Beginning) Plaza Hotel Total 10:00 AM 233 59 292 10:15 AM 260 59 319 10'.30 AM 262 56 318 10:45 AM 278 55 333 I1:00 AM 273 65 338 11:15 - AM 254 83 337 11'.30 AM 288 95 383 11:45 AM 308 121 429 t2:~ PM 341 130 471 112:15 PM 347 129 4761PEAK 12:30 PM 337 137 474 12:45 PM 330 134 464 01:00 PM 321 127 448 01:15 PM 315 128 443 01:30 PM 316 119 435 01:45 PM 299 115 414 02:00 PM 296 101 397 02:15 PM 301 82 383 02'.30 PM 296 68 364 02:45 PM 276 54 330 03:00 PM 271 48 319 03:15 PM 275 46 321 03:30 PM 290 46 336 03:45 PM 283 45 328 04:00 PM 277 45 322 04:15 PM 267 52 319 04:30 PM 268 76 344 04:45 PM 244 73 317 05:00 PM 269 75 344 05:15 PM 226 79 305 05:30 PM 187 75 262 05:45 PM 188 81 269 06:00 PM 164 85 249 06:15 PM 160 $6 246 06:30 PM 187 93 280 06:45 PM 184 90 274 07:00 PM 196 122 318 07:15 PM 232 145 377 07:30 PM 237 157 394 07:45 PM 227 151 378 08:00 PM 222 150 372 08:t5 PM 207 151 358 08:30 PM 204 148 352 08:45 PM 174 * 174 09:00 PM 167 * 167 1. Study area included parking areas south and west (but not north) of McDonald Restaurant. 2. Asterisk indicates survey was discontinued at the request of Holiday Inn management. S>IO0(] 0NI0¥0'1 (D (D -r W · .... Z · · __0 CITY of BOYNTON BEACH Z00 £. 8aynton E~each Blvd. P. O. Box 310 Boynton Beach, Florida 33435-03[0 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR February 21, 1990 'Wallboyn, Inc. Atltn: Mr. Thomas McMurrain 81132 West Glades Road Bo!ca Raton, F1 33434 R~: Marie Callender' s Restaurant i Modification - File No. 379 D~ar Mr. McMurrain: Piease be advised that on C~mmission approved the s~bject to staff comments, at Catalina Centre - Site Plan Tuesdayt February 20., 1990, the City referenced Site plan modification, copies of which are attached. T.~ese plans, were .approved subject to your compliance with the a~tached stipulations. After you have amended your plans to rgflect th. ese stipulations, please submit two copies of final p~lan drawings with the changes incorporated' to the Building Department for permitting purpose's. The approval of the City entitles you to construct only the i~provements shown on the site plan. The site lan will be v~ewed procedu.rally as an. as-bu.ilt or record drawing., If you h~ve any questions concerning thls matter, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:frb E~cs cc: Technical Review Board MEMORANDUM January 2, 1990 TO: Timothy P. Cannon, Interim Planning Director FROM: Michael E. Haag, Development Compliance Administrator RE: ADMINISTRATIVE SITE PLAN MODIFICATION FOR MARIE CALLENDER'S RESTAURANT - DELETING TWO PARKING SPACES Upon review of the above-mentioned project~ the following comments must be addressed in order to conform with Boynton Beach City Codes: All drawings and/or documents submitted for public record and prepared by a~design professional, shall show original raised Seal and signature of the Florida. design professional responsible. Provide statement on site plan that the joint allocation of required parking spaces, with a minimum buffer of ten percent (10%), is maintained as required by Section ll-H(13) of .. ~ Appendix A, Zoning, for the mixed uses of the Catalin~ Centre Development. In Order to facilitate the permitting process, the following information should be included within your documents submitted to the Building Department for required permits: Provide revised landscape drawings for approval to the Building Department, including a completed landscape revision form provided at the Building Department. MEH:oaf xc:Don JaegerI CALLNDRS.SDD MEMORANDUM TO: FROM: Tim Cannon DATE: Acting Planning Director John A. Guidry ~ ~ /. SUBJ: Director of Utilitie January 3, 1990 TRB Review - Marie Callendsr's Site Plan Modifi- cation We ican app~ovelthis project, subject to the following conditions: 1. Approval for revision to parking only. 2. Provide corrected drawing showing actual location of fire protection and water services. 3. The second water meter for irrigation will not be allowed. dmt bc: Michael E. Kazunas, P.E. MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Chairman and Members P~anning and Zoning Board Timothy P. Cannon ~ Interim Planning Director James J. Golden Senior City Planner FebrUary 8, 1990 Marie Callender's Restaurant at Catalina Shopping Centre - Request for Modification to Shared Parking AllocatioQ Section ll-H(13) of Appendix A, Zoning, contains the following provision for shared parking: Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required pa~king spaces of another use or structure if quantitative evlidence is provided showing that parking demand for the diifferent uses or structures would occur on different days of the welek or at different hours. Quantitative evidence shall include esitimates for peak hour/peak season parking demand based on statistical data furnished by the Urban Land Institute or an equivalent traffic engineering or land planning and design organization. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a t~affic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten (10) percent shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number. Qf parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking space shall be submitted to the Technical Review Board, and approval of joint allocation of required parking spaces shall be made by the City Commission, after review and recommendations by the Planning and Zoning Board. With respect to the above, Tom McMurrian, agent for Walboyn Incorporated, is requesting approval of a modified shared parking allocation which is necessary to allow for the issuance of a Certificate of Occupancy for the recently completed restaurant. The approved site plan and shared parking allocation for the Marie Callender's restaurant required that 59 parking spaces be provided on the restaurant outparcel in order to meet the required 10% buffer for shared parking. However, only 57 pa~king spaces were constructed on the outparcel. Two parking spaces were deleted during construction, as a result of an existing Florida Power and Light Company power pole and a proposed fire sprinkler meter. These improvements were not shown to be encroaching parking spaces on the approved site plan and engineering drawings. Pursuant to the approved parking study, deletion of the two parking spaces reduced the buffer below 10% to 9.6%. To address the reduction of the buffer below 10%, the applicant had Kimley-Horn revisit the shared parking study. Kimley Horn is r!ecormmending that the weekday parking accumulation for the retail shopping centre be reduced from 4 spaces per 1,000 square feet of gross leasable floor area to 3.8 spaces per 1,000 square feet of gross leasable floor area. Although Kimley-Horn had based the To: Chairman and Members, Planning and Zoning Board SUBJECT: Marie Callender's Restaurant at Catalina Centre February 8, 1990, Page 2 retail parking accumulation figures on 4 spaces per thousand, this ratio is more appropriately applied to Saturday parking accumulation for shopping centers less than 400,000 square feet, whereas 3.8 spaces per thousand is the standard for weekday parking accumulation. Therefore, the original Kimley-Horn parking study was more conservative than the Urban Land Institute standards. On Tuesday, February 6, 1990 the Technical Review Board met and 'recommended approval of the shared parking allocation, based on the revised documentation submitted. This recommendation was made based on findings that the proposed changes fall within the guidelines established by the Urban Land Institute in the 1983 publication entitled Shared Parking. JJG:cp MarieC TO: FROM: RE: MEMORANDUM January 24, 1989 Carmen Annunziato, City Planner Raymond A. Rea, City Attorney Catalina Center Parking and Easement Agreement In regard to the above entitled matter, herewith I enclose a copy of the Parking and Easement Agreement which I have reviewed an~ ~i~ ~o be l~gally ~u~ficient. R~. Rea, city Attorney RAR/r E~C. cc: Peter L. Cheney, City Manager AECEI¥ D 01!2089CW9 THIS PARKING ARD EASEMEHT AGREEMENT ("Agreement"), made and entered into this _23rd day of January, 1989, by and between. WALBOYN DEVELOPMENT CORP., a Maine corporation authorized to do business in Florida, whose address is ("Walboyn") and MC INVEST- MENT DEVELOPMENT CORP., a Flerida .corporation, whose address is 2010 Lindell Boulevard, Delray Beach, Florida 33444 ("MC") W I TN E S SETH: WHEREAS, Walboyn is the fee simple owner of that certain parcel or those certain parcels of'real property more particularly described in Exhibit "A"' attached hereto and hereinafter, referred to as the "Easement Area"; and WHEREAS, MC is the fee simple owner of that certain parcel of real property cqntiguous to the Easement Area, which contiguous parcel is more particularly described in Exhibit "B" attached hereto and hereinafter referred to as the "Restaurant Parcel"; and WHEREAS, Walboyn, the .predecessor in title to MC with respect to the Restaurant Parcel, leased the Restaurant Parcel to Marie Callender Ventures, Inc., a California corporation, by virtue of that,, certain. Lease Agreement dated September 12, 1988 (the Long-Term Lease"), which lease was assigned to Walt Collins, Inc. by virtue of that certain Conditional Assignment of Lease dated September 12, 1988; and WHEREAS, ~alboyn has agreed to make available to MC as the owner of the Restaurant Parcel, twenty-eight (28) parking spaces located withi.n the Easement Area, the location of which parking spaces (the "Parking Spaces") within the "Easement Area" are designated on Exhibit "C" attached hereto and made a part hereof. · NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporat~--~ by this reference. 2. Parkin~ Rishts; In ress and E res ............... ~ ............ ~ s. A. Walboyn hereby grants to MC, as the owner of the ReStaurant Parcel a non-exclusiVe right to use the Easement Area for' parking, and the vehicular and pedestrian access, ingress and egress on and between the Easement Area and the Restaurant Parcel, attendant only to such parking, during the hours that the Restau- rant is in operation and open to the public. The use of the Ease- men~ Area shall be limited to the customers of the Restaurant and shall be used only during the hours that the Restaurant is in operation and open to the public. B. The parking rights and easements herein granted are non'exclusive and none of the rights created hereby shall be I f , con$..tued so as to vest any rights in any tenant, guest, client, amp oyee, licensee, invitee, or any other person, including the general public. ~,. C. So long as Walboyn shall preserve the Easement Area pursuant to this Agreement, Walboyn 'shall not be limited in any manner whatsoever in connection with its ownership of the Easement Area, and nothing in this Agreement shall serve to diminish, inhibit or reduce any rights or ownership, except as specifically defined in this Agreement. 3. Duration of this A~reement. The term of this Agreement shall commence on ~"~-h~' ~nd shall continue thereafte~ un.til the Restaurant Parcel is used for purposes other than the operation of a restaurant. The provisions cf this Agreement shall be self-operative and effective without the execution of any further i'nstruments on the part of any party hereto; provided, however, that the parties agree to! execute and deliver to each other, such other instruments as either of them sh~ll reasonably request in order to further evi- dence or effectuate the purposes and intendment of this Agreement. 4. Maintenan~z_~Z~_~._~9~Z~Z~ A. MC shall be responsible for reimbursing Walboyn for ali costs, charges and expenses incurred by Walboyn in connection with the maintenance by Walbo'yn of the Parking Spaces in a neat, clean, and sanitary condition, in good order and repair, and in accordance with the requirements of all applicable governmental authorities resulting from the use of the Parking Spaces as auxil- iary parking pursuant to t.his. Agreement. B. MC shall hold Walboyn harmless from any and all claims of whatsoever kind or nature which relate directly or indirectly to the use of the Easement Area. C. During the term of this Agreement, MC agrees not to permit signs of any kind or nature to be posted on or aboqt the EaSement Area, or (b) on or affixed to any car stops located within the Easement Area. 6. Default. If either ~alboyn or MC fails to perform any of the covenants herein contained in accordance with the conditions herein set forth, then the other party shall have al! the legal and eqgitable rights and remedies available under the laws ef the State of! Florida respecting enforcement of such agreements, including without limitation the right of specific performance, preliminary an~ permanent injunctions, and the recovery of damages, including legal fees and costs at trial or before, and on appeal. In the event of default by either party of the terms and conditions of thfs Agreement, the party not then in default may, by thirty (30) days written notice, terminate this Agreement. However, failure of each party to enforce its right to terminate for each and every default, whether material or immaterial,, shall not construe or im61y a waiver of either party'~ right to, in the next instance ef default, enforce its right to terminate this Agreement, whether or not the same act of default shall be repeatedly performed. 7. ~_~£~.; ~odifications. This Agreement repre- sents the entire agreemen~ '~~T~rties hereto with respect to! any parking rights and easements. No mooificatio~ to this ,~g~eement shall be er, forceable unless it is in writino and executed bylboth parties hereto. ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal as of the date first above mentioned. WAL~VELOP~IENT CORP.. . Signed, sealed and delivered in tJ~e presence of: ..,'.? "~., / . '~ , · ~~ ~.~~-~. _ ..... -~___ ~:~_~~ .... 3 EXHIBIT "A" EASEMENT AREA Parcel "E", CATALINA CENTRE - PLAT ND. I, as recorded in Plat Book B2 a~ Pag~m 12 and 14, o¢ th~Publtc Records of Palm Beach County Florida. , Tract "A", $2 at Pages FlOrida. TOGETHER WITH CATALINA CENTRE - PLAT NO. 1, as recorded in Plat Book 13 and 14, of'the Publ.ic Records of Palm Beach County TOGETHER WITH A ~ortion of CONGRESS LAKES PLAT NO. 1 (P.U.D.), and portions of the North half of the Northeast quarter of Section 19, Township 45 Soqth, Range 42 East,. arid in the South half of the. Southeast quarter of Section 18, Township 45 South, Range 43 East, Palm Beach CoUnty, Florida; being more particularly described as follows: Commencing at the Northeast corne~ of said Section 19; thence South 880i56'29'' West, along the North line of said Section 19, a distance 60.107 feet to a point; said point being the POINT OF BEGINNING on the West Right-of-Way line of Congress Avenue as recorded in Official Records Book 3B60 at Pages 1115 through 1120, Palm Beach Couinty, Florida; thence' Seuth 00o12~52,, East, along the above menitioned West Right-of-Way line of Congress Avenue a distance of 95.!12 feet; thence South 89o47,08'' West a distance of 155.00 feet; theince South 00012,52'' East a distance of 215.00 feet; thence So~th 890!47'08'' West a distance of 159.53 feet; thence South 01°44,21'' Wesit a distance of 275.92 feet; thence North 88015,39'' West a 'disltance of 144.80 feet; thence North. 03044,57" West a distance of 25.62 feet; then'ce North 88015,39'' West a distance of 70.00 feet; thelnce North 01°44,21'' East a distance of 130.00 feet; thence North 53°130'00'' West a distance of 49.16 feet; thence North 01°44,21'' Eas!t a distance of 954.24 feet; thence South 88015,39'' East a dis)tance of 173.39 feet to a point in a curve being concave to the Nor.th, having a radius of 680.00 feet; a chord .bearing. of South 81017'47'' East, a central angle of 13055,44''' an arc ~stance of 1651.31 feet; thence South 88°1B,39. East a distance of 69.33 feet; thence South 01°44,2i" West a distance of 215.00 feet; thence South 88°15'39'' East a distance of 155.00 feet; thence South 01°44,21'' Wes1 along the said West Right-of-Way of Congress Avenue a distance of 206.20 feet to the POINT OF BEGINNING. EXHIBIT "B" RESTAURANT PARCEL Parcel "D" of CATALINA CENTRE PLAT NO. 1, thereof, recorded ip Plat Book 53 at Page 13, of Palm Beach County, Florida. according to the Plat of the Public Records oo m EXHIBIT 'C" Entran.ce Drive 0-.3 Zoning: Project Title: MARIE~ CALLEN.DER'iSi 'at CATALINA CENT, RE iBoynton Beach,, :FlOrida Drawing Title: Site Plan, 'FOR :'~,' :::" ......... DEC 15 1989 ~,,.~ :.i2-28'87,) J KD:. Job Numbor: 84121.03 Drawing Number; k --1, i DETAIL SITE INFORMATION: Existing Zoning: c-] Total Area of Site 0.923 acres = 40,206 Building Footprint ~ 0.199 acres = 8,663 Total Impervious Area 0.635 acres = 27,663 Total Pervious Area 0.165 .acres = 7,188 square feet square feet square feet square feet Parking Provided 87 * There are 57 spaces provided on the site with 30 spaces shared0 ~ .from the adjacent site. LEGAL DESCRIPTION: A portion of CONGRESS LAKES-PLAT NO. I {P.U.D.%, as recorded in PIaL Book 4~, page 12~ of the Public Records of Palm Beach County; lying in Section 19, Township 45 South, Range 45 East; City of Boynton Beacb~ Palm Beach, Florida; being more particularly described as follows: COM~ENCING at the Southeast C S~} c~rner of said Plat of Congress Lakesl thence North 00~ 12' 52' Wes~ along ~he West Right-of-Way l~ne of C~ogress Avenue a distance of &4&.77 feet to the POINT []~ BEOINNING; thence continue North 00= i2' 52' West along said Wes~ ~igh~-of-Way line a distance of 181.58 fee~; thence North 45= 12' 52" West a distance of ~5.5~ feet; Subject ~o all easements, restrictions, reservations and rights-of- NOTES l.-Description provided by client. Survey is partially based on a previous Survey prepared by ~ichard L. Sh~phard & Associates, Inc., dated 12/84. 2~-£1evatlons are based on N.G.V.D. of 192e. bridge. ~ieva~on · .-Lands sho~n here~ ~ere not abstracted for instruments of record. 4.-Bearings sh~n here~ are based ~ reco~d plat. 5.-Dra~ing not valid ~i~hou~ Surveyor's ~mbosmed seal. .. ,81 E .:' .' . r,'.v- % /r ~L SIDEWALK SEGTIONi , T'~ ,.Scale .0" Pi([-:l J iVIII IA{, ,' t':', ,it St'I-[': ~?l..l'.,f',* Ri:.VH.i.W i'~I~; I~,i,~ z,V~ ~ ~' ...... C-3 Zoning. ~-,,rcst~, il,,,'t...~ .... , t,~,!',: .......... i DETAIL SITE INFORMATION: Existing Zoning: c-3 Total Area of Site 0.923 acres Building Footprint ~ 0.199 acres Total Impervious Area 0.635 acres Total Pervious Area 0.165 acres ~tipg Capacity ~07 'Parking ~'d' ' 8? Parking Provided 87 = 40~206 square feet = 8,663 square feet = 27,663 square feet = 7,188 square feet There are 57 spaces provided on the site with from the adjacent site. LEGAL DESCRIPTION: 80-spaces shared A portion of CONGRESS LAKES-PLAT NO. I IP.U.D.I, as recorded in Plat Book 46, page 129 of the Public Records of Palm Beach Countyl lying in Section 19, Township 45 South, Range 45 East; City of Boyn~n Beach, Palm Beach~ ~i~idal being more particularly described as CO~NOING at the SOut~east ~S~) c~rner of said Plat'of Congress Lakes; thence No~h ~0~ l~' S2' West along the West Right-of-Way lane of C~ngress Avenue a distance of &4~o77 feet to the POINT O~ BEGINNING; thence continue North OO~ 12' 52' West along said Wes£ Right-of-Way thence North 45~ 12° 52" West a distance ~f 55.5& fe~t; thence South 89= 4~' 08' West a dis~nce ~f 1~7o&9 feet; thence South 81o 4~' 21' West a dis~ance of 20&.&2 feet; 0F BEGI~ING. Said land situa~e~ lying and being. In ~he ~lty ~f Boyn~ ~ach~ Palm NOTES l.-Des~ription provided by client. ~urvey is partially based on a dated 12/84.