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Minutes 05-07-96 MINUTES OF THE REGULAR CiTY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 7, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayer Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Hencterson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Henry Ackermann, Congregational United Church of Christ C. Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman Mayor Taylor called the meeting to order at 6:35 p.m. Reverend Ackermann offered an nvocation which was followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections City Manager Parker added Item IX-G, "Authorization for a Budget Transfer to Allow 250 Children into Summer Camp at Hester Park". Commissioner Bradley added Item IV-B.4, "Rendezvous at School Board Meeting to Talk About the High School". Mayor Taylor added Item IV-B.5, "Marina Project". 2. Adoption Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Tillman seconded the motion which carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 II. ADMINISTRATIVE: With regard to reactivating the Nuisance Abatement Board, Vice Mayor Jaskiewicz advised that aiscussions have taken place with several districts, and we have investigated the possibility of utilizing the County board. Vice Mayor Jaskiewicz has also had discussions with the attorney who presents the cases for Lake Worth. As a result of the survey that was done, it was determined that the reason several districts do not have Nuisance Abatement Boards is because they combine that function with the Code Enforcement Board. Other cities have Nuisance Abatement Boards that are functioning very well. ViCe Mayor Jaskiewicz was most pleased with the information she received from Lake Worth. They have offered to assist us in implementing this program. They are effectively using their Nuisance Abatement Board, which also functions as their Code Enforcement Board, and they are realizing a great deal of success. Vice Mayor Jaskiewicz requested consideration from the Commission on the following items: She will arrange a meeting with Chief Gage, the Vice Officer, our City Attorney, and the attorney who presents the cases for Lake Worth. She has consented to supply us with any information we desire. She will go over the procedures during this meeting. She will notify the current board members of the City's intention to reactivate the board. This will allow us to determine whether or not they are still interested in serving. A meeting can then be arranged following the meeting among the City Attorney, Chief Gage, the Vice Officer, and the attorney for the Lake We rth board. Commissioner Bradley would like to reappoint Richard Yerzy to that board this evening He has been a member of the board. Commissioner Titcomb had no problem pursuing this, but confirmed that the status of the appointments would remain frozen until this situation ~s clarified. MOtion Commissioner Bradley moveG to remove all tabled appointments from the table including his appointment on the Nuisance Abatement Board. The other two Nuisance Abatement Board appointments will remain frozen. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Appointments to be made ApPointment ToBe Made .Board Length of Term Expiration Date Mayor II III I II III IV Mayor II I II III; Jaskiewicz* Tillman* Taylor* Titcomb* Bradley* Jaskiewicz* Titcomb Bradley Jaskiewicz Tillman* Taylor* Bradley*~ Titcomb* Bradley' Jaskiewicz* Adv. Bd. on Children & Youth Stu/AIt Bldg. Bd. of Adj. & Appeals Reg Cemetery Beard Alt Community Relations Board Rog Community Relations Board Alt Library Board Alt Nuisance Abatement Board Rog Nuisance Abatemenl Board Rog Nuisance Abatement Board Alt Recreation & Parks Board Alt Senior Advisory Board Alt Recreation & Parks Board Reg Golf Course Advisory Comm. Reg Golf Course Advisory Comm. Alt Golf Course Advisory Comm. Alt 1 fr term to 4/97 3 fr term to 4/99 1 fr term to 4/97 3 fr term to 4/99 I fr term to 4/97 I er term to 4/97 2 er term to 4/98 2 fr term to 4/98 1 yr term to 4/97 1 yr term to 4/97 1 yr term to 4/97 Term expires 4/97 Term expires 6/01 Term expires 6/01 Term expires 6/01 TABLED TABLED TABLED TABLED TABLED TABLED FROZF-N FROZEN FROZEN TABLED TABLED TABLED Vice Mayor Jaskiewicz tabled her Student/Alternate position on the Advisory Board on Children & Youth. COmmissioner Tillman tabled his Regular appointment on the Building Board of Adjustment & Appeals. Mayor Taylor tabled his Alternate appointment on the Cemetery Board. COmmissioner Titcomb tabled his Regular appointment on the Community Relations BOard. Commissioner Bradley tabled his Alternate appointment on the Community Relations Board. ViCe Mayor Jaskiewicz appointed Janet DeVries as an alternate member of the Library Board. COmmissioner Titcomb's and Vice Mayor Jaskiewicz' appointments on the Nuisance Abatement Board remained FROZEN. Cbmmissioner Bradley appointed Richard Yerzy as a regular member of the Nuisance Abatement Board. CCmmissioner Tillman tabled his Alternate appointment on the Recreation & Parks Board. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Mayor Taylor tabled his Alternate appointment on the Senior Advisory Board. Co mm~ssioner Bradley moved up Ed Harris to a regular member of the Recreation & Parks Board. Commissioner Titcomb appointed William H. McCarty as a regular member of the Golf COurse Advisory Committee. Commissioner Bradley appointed Robert Richter as an alternate member of the Golf Course Advisory Committee. Vice Mayor Jaskiewicz tabled her alternate appointment on the Golf Course Advisory Committee. Motion Vice Mayor Jaskiewicz moved to accept the appointments indicated, and place all others on~ the table. Commissioner Bradley seconded the motion which carried unanimously. Mayor Taylor acknowledged the presence in the audience of former Commissioners Lynne Matson, Jose Aguila, and Lee Wische. B. Authorization to solicit Request for Proposals for Utility Tax and Franchise Fee Audit Vice Mayor Jaskiewicz moved to approve. Commissioner Bradley seconded the motion which carried unanimously. II1.: CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of April 16, 1996 The minutes were accepted as presented. 2. Minutes of Town Meeting of April 18, 1996 The minutes were accepted as presented. 3. Minutes of City Commission/Planning & Development Board Workshop of April 22, 1996 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 The minutes were accepted as presented. 4. Minutes of the Special City Commission Meeting of April 30, 1996 Ce mm~ssioner Titcomb requested that a correction be made to Page 6 to indicate "eco- tourism" rather than echo tourism. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award Bid to Wenger Corporation for purchase of portable indoor/outdoor stage in the amount of $30,992 for the Recreation & Park Department Recreation & Park Department Memorandum No. 96-215 from Melody Green to Lana Koester dated May 2, 1996, recommends purchasing this stage from the sole bidder, Wenger Corporation, for an amount of $30,992. The funding sources are as follows: CIP Account #301-721-5-643.03 Recreation Program Revenue Acct. #472-721-5-642.00 $30,000 $ 992 Award bid to Chemical Lime Company for Co-op Bulk Quicklime in the amount of $173,700 for the Utilities Department As outlined in Utilities' Memorandum #96-154 dated April 29, 1996, from John Guidry to Lana Koester, of the three bids received and reviewed, Utilities recommends awarding the bid to Chemical Lime Company of Alabama, for $96.50 per ton. Approximately 1,800 tons of quicklime are needed per year dependent on plant flow. Chemical Lime Company was the most responsive, responsible bidder and was also the lowest priced. Utilities has useC Chemical Lime Company over the years and has found their service and 3roduct to be satisfactory. Funds are available in Account #401-335-5-365.00. C. Resolutions Proposed Resolution No. R96-58 Re: Authorize execution of an agreement for historic preservation consulting services between The City of E3oynton Beach and Research Atlantica, Inc., for professional services Proposed Resolution No. R96-59 Re: Ratification of the South Central Regional Wastewater Treatment and Disposal Board actions of April 18, 1996 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Approved to expend $6,000 from Sinking Fund to replace Hoffman Blower filters and recoat filter housing units Approved to expend $5,000 from Sinking Fund to rebuild #2 RAS variable speed pump drive motor Approved purchase of a 586DX/100 computer system for Pretreatment Program and 486DX/4/99 computer system for Administrative office from American Computer Enhancement in the amount of $5,250 Approved obtaining a 6' wide easement by gift or purchase from owners of lots #209 and #210 Pine Tree Golf Club for installation of reuse water system and authorization to offer up to $15/linear ft. to obtain easements Approved to expend $3,500 from Sinking Fund to replace #1 RAS pump drive motor with direct drive 25HP 840RPM TEFC motor Approved to expend $6,000 from Skinking Fund to replace existing controls on screening building scrubbers with a new digital hydrogen sulfide controller and air sample control box from Precision Control Technology, Inc. Proposed Resolution No. R96-60 Re: Opposing recommendations in the President's 1996 budget request which would remove federal participation in water resources projects including beach renourishment projects Proposed Resolution No. R96-61 Re: Authorize execution of contract between the City of Boynton Beach and Bio-Spec, Inc. for the removal and disposal of BioHazardous waste through the EMS Program Proposed Resolution No. R96-62 Re: Authorize execution of Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the 1995/96 Community Development Block Grant (CDBG) for improvements to Ezell Hester, Jr. Community Park D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Approve purchase of new Lukas hydraulic rescue tool ("Jaws of Life") and related equipment from Team Equipment, Inc., in the amount of $14,556 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Consider purchasing two additional police cruisers to be assigned to the Community Policing operations from Don Reid Ford at approximately $20,682 each Authorize Task Order #28 in the amount of $71,348.00 to CH2M Hill for rehabilitation of Master Lift Stations 356, 309, 316, and 801 H. Approve KIDS KINGDOM as the official name for the new playground Apprve one (1) year extension for the bid for annual requirements for blended polyphosphates with Shannon Chemical in the estimated amount of $30,000 for the Utility Department Approve the renewal of the RFP for Zambelli Internationale, Inc. to produce the City's fireworks display for July 4, 1996 in the amount of $25,000 Motion Commissioner Tillman moved to approve the Consent Agenda. Commissioner Bradley seconded the motion which carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Tours of the West Water Treatment Plant for the public - Wednesday, May 8 and Thursday, May 9, 1996, 8:00-10:00 a.m. and 5:00-7:00 p.m. Mayor Taylor made this announcement, and advised that the tours are conducted every 30 minutes during the scheduled times. Special City Commission Workshop on the Evaluation & Appraisal Report - May 13, 1996 - 6:30 p.m., in the Library Program Room Mayor Taylor made this announcement. The public is invited to attend. Memorial Day Services will be on Sunday, May 26, 1996, at 2:00 p.m. - Boynton Beach Memorial Park - Reception following at American Legion Post 164 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Mayor Taylor made this announcement. 4. Rendezvous at School Board Meeting to talk about high school Commissioner Bradley feels the time is right for a mass show of support for the new high school in Boynton Beach. He would like as many people as possible to attend the June 5 School Board meeting at 5:00 p.m He is hopeful the City can arrange for t-shirts demonstrating our conviction regarding the high school. 5. Marina Project Mayor Taylor announced that T & J Equities has withdrawn as the developer of the marina project. The City will prepare a Resolution for the next meeting repealing T & J Equities as the developer. Mayor Taylor advised that the City will pursue other options since we are still dedicated to building the marina project. Vice Mayor Jaskiewicz commended City Manager Parker for her diligent efforts in this regard. She was very impressed with City Manager Parker's negotiating skills. She thanked everyone involved and stated that the City is not giwng up on this project. Commissioner Bradley feels that although this may be perceived as a failure, he is not of that opinion. The Commission acted responsibily in looking out for the best interest of the residents of Boynton Beach. The City wanted a project which would be pedestrian-friendly, and we are looking forward to bringing that kind of project to the City. We will continue to be vigilant. Commissioner Titeomb feels the Commission was looking out for the public good. We did not lose this project. The hard work will not be in vain, and another good opportunity will come along. Mayor Taylor confirmed that the hard work that was done by the City up to this point will not have to be repeated as we move forward. B, Presentations: 1. Proclamations Drinking Water Week - May 5-11, 1996 accepted by Bob Kenyon, Deputy Director of Utilities At the podium, Mayor Taylor declared the week of May 5 through May 11, 1996, as "Drinking Water Week". Mr. Kenyon accepted the Proclamation on behalf of the Utilities Department. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 National Safe Boating Week- May 18-24, 1996, accepted by Captain Robert B. Baumwell Atthe podium, Mayor Taylor declared the week of May 18 through May 24, 1996, as "National Safe Boating Week". Captain Baumwell thanked the Commissioners and accepted the Proclamation. National Public Works Week- May 19-25, 1996, accepted by Larry Quinn, Superintendent, Public Works Department Atthe podium, Mayor Taylor declared the week of May 19 through May 25, 1996, as "National Public Works Week". Mr. Quinn was present to accept the Proclamation on behalf of the Public Works Department. Stand for Children Day - June 1, 1996 - no one will be accepting Mayor Taylor declared June 1, 1996, as "Stand for Children Day". V. BIDS: Award bid for South Congress Avenue median Phase #2 Landscaping/Irrigation to SIGA Inc. in the amount of $66,313, and authorize execution of contract (Proposed Resolution No. R96-63) Motion Vice Mayor Jaskiewicz moved to approve. Commissioner Titcomb seconded the motion. Commissioner Bradley asked that the record reflect that it is important that this project and reuse project are coordinated to avoid having to tear up the Congress medians twice. ViCe Mayor Jaskiewicz is pleased that an additional median may be possible within the approved budget. The motion carried unanimously. Vll PUBLIC HEARING: None Vii. PUBLIC AUDIENCE: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Vice Mayor Jaskiewicz announced that there were residents present who wished to speak on the Woolbright Place PUD application. She inquired if these residents would be allowed to speak on this issue even though the item is tabled. CitY Manager Parker advised that the applicant has requested the application be tabled. HOwever, staff, upon direction from the City Commission, sent letters to the surrounding property 'owners inviting them to give input this evening on this item. MaYor Taylor announced that the residents would be permitted to give input when the item comes up on this evening's agenda. Henrietta Solomon, 230 NE 26th Avenue, thanked the Mayor for giving her the privilege of!attending the Vision 20/20 Conference. Mrs. Solomon feels there should be a Charter revision because Boynton Beach is the only city with department heads in the Civil Service system. She feels this is mproper and should be changed. In addition, Mrs. Solomon feels the City Manager must have full authority to work in our City. It should be understood that whenever a Commissioner wants something, the request should be made through the City Manager. Mrs. Solomon read "The Things That Will Destroy Us". Nellie Denahan, Chairwoman of the Education Advisory Board, thanked the Commissioners for taking the time to come back from the Vision 20/20 Conference to attend the Education Advisory Board meeting. Mayor Taylor thanked the Education Advisory Board for arranging the meeting. BOb Lalane, 832 SW 36th Ave., lives four houses away from the Hills at Lake Eden development. He feels the Commission made a mistake when voting for the project. The developer is now trying to reduce the square footage of the houses. Mr. Lalane's lot is 200' x 100'. There are lots in the Hills at Lake Eden that are 65' wide. This is not comparable. He requested that the Commission "just say no" when the developer comes in for the reduction in the square footage of the houses. Richard Maloole¥, 821 SW 36th Ave, attended the meeting when the developer got the change from 40 homes to 56 or 58 homes. To get that change, he made a concession to the Commission and the citizens. Mr. Malooley feels this is nothing more than a shell game the developer is playing. He is angry that we allow this to happen in this City. He feels that if this continues to happen, no matter how many conferences we go to to make Boynton Beach the greatest city in the world, it will not happen. He asked that the COmmission take heart in the discussion that will take place soon. The citizens pay the taxes and have rights. City Manager Parker advised that the Hills at Lake Eden project will be at the Planning and D~velopment Board on May 14, and before the City Commission on May 21. ]0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Mayor Taylor remarked that the Hills at Lake Eden project was zoned for houses of 1,800 square feet. The City Commission upgraded that figure to a minimum of 2,400 square feet, average 2,600 square feet. That was a considerable upgrade compared to what could have been built. Barry Silver~ 6024 Glendale Drivel Boca Raton, is an attorney who recently concluded litigation with the City. During the litigation, he took a deposition and uncovered disturbing comments made by a Police Department supervisor. Mr. Silver read questions and responses from the deposition relative to the presence of a swastika tatoo on a Police Officer's body, and the possible espousing of Nazi ideology by members of the Police Department. Mr. Silver feels this situation needs investigation. He does not want this superwsor persecuted. However, this is a situation that exists within the Police Department. Police Officers deserve our respect, and we should have confidence in them. He urged the City to investigate to see if more sensitivity training is needed. Mayor Taylor advised that Mr. Silver contacted him to let him know he would be making this F~resentation at this evening's meeting. He told Mr. Silver he wanted an opportunity to investigate. Mayor Taylor has learned that this deposition was taken by Mr. Silver when he interviewed officers relative to the "Lucky the Dog" case. Mr. Taylor does not know how those interviews got involved with this issue. The questions Mr. Silver asked were so far removed from the issue of the deposition. Mayor Taylor feels many of the questions were hypothetical and repetitive. He feels that because the questions were hypothetical, the officer responded that he did not want to give an opinion. When this situation was brought to the City's attention, and the City investigated, and solicited assistance from the Anti-Defamation League in rewewing the deposition. The Ant~-Defamation League had no problem with it, felt it was way off base, and did not see the point of it. Mr. Silver called a press conference on this issue, and one person showed up. Mr. Silver islrunn~ng for State office, and Mayor Taylor believes this is a move to get some publicity. This has nothing to do with the dog bite case. it was a witch hunt, and it reminds Mayor Taylor of McCarthyism Mayor Taylor agreed that there could be racism ~n our Police Department, but there could also be racism in the Legislature and i~ attorneys' offices. Racism can be everywhere. When it surfaces, we deal with it. We have dealt with this situation, and making this a case is off base. Vilce Mayor Jaskiewicz said she ~s very familiar with this situation which occurred approximately five years ago. There was public outrage, and a great deal was done about MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 it. Mayor Weiner was in power at that time, and took charge of the situation. Vice Mayor Jaskiewicz questioned whether Mr. Silver got involved with this issue five years ago. Mr. Silver responded that he did not take the depositions then, and did not have personal knowledge of it then. Vice Mayor Jaskiewicz felt that the time for Mr. Silver to express his opinion was when the incident occurred five years ago. The deposition he took was not related to this incident. Mr. Maldonado, 3024 East Palm Drive, s a resident and has a business at 810 North Federal Highway. Approximately one year ago. an incident occurred that was uncalled for. Mr. Maldonado had an old pit bull dog that had been brought up at his auto shop. The dog was old and sick. He decided to retire her from the auto shop, and leave her at home. One Thursday morning, the dog had gotten loose from her chain and was laying under the bushes in Mr. Maldonado's yard. A Police Officer entered his yard, without permission, searching for stolen bicycle parts. The Police Officer was at the wrong address. The officer startled the dog. The officer shot the dog four times. When he was asked why he shot the dog; his response was, "Do you know what that dog will do to you?" Mr. Maldonado stated that his son has not been right since that incident. He has had to send him to a therapist. The officer was rude and never apologized. City Manager Parker advised that Mr. Maldonado has filed a lawsuit against the City, and we are currently in litigation with him. (A voice from the audience stated this was not true.) Mr. Maldonado said the City is aware of the incident, and he has been trying to deal with the City. He has not had a reasonable response yet. Mayor Taylor advised that this situation will be investigated. Sonia Carstensen has lived in this area all of her life. She is a pet owner and an animal lover. There was no excuse for what happened to this dog. This dog was a 14-year old animal which was a family pet. The officer did not think about what he was doing. She questioned why the officer did not use Mace instead of his gun. Mayor Taylor advised that this is only one side of the story. We have not heard the opposite side. While Mayor Taylor understands the attachment between families and their pets, he also realizes that, at times, officers must make split-second decisions. Many times, they cannot wait to decide how old an animal is. The age of an animal may not determine whether or not it is vicious. Dan Liftman, 3524 Montante Boulevard, Lake Worth, represented Congressman Alcyee Hastings. He expressed concern about the issue involving Police Officers with Nazi ideologies. He feels Mayor Taylor's suggestion that Mr. Silver was grandstanding because t2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 he is running for office is ludricrous. He feels it was clear to the judge that the information in the deposition was relevant. He said the City of Boynton Beach is a fine place with residents who trust their City Commission. If there is no investigation, and nothing is done about this situation, when the next opening for a supervisor becomes available in the Police Department, the City should solicit an application from Mark Shot. Mayor Taylor pointed out thai Mr. Liftman's remarks were the type of comments that fire people up. He assumed Mr. Liftman appeared tonight after being summoned by Mr. Silver. Mayor Taylor explained that when he was ce ntacted by Mr. Silver, he thanked Mr. Silver for bringing this situation to our attention so that it could be dealt with. He asked Mr. Silver to meet with him to go over this issue. Mr. Silver advised him that he would not be able to co~ntact all of the people he had already summoned for this meeting. Mayor Taylor feels there are many ways to handle problems. This is a grandstand play. Jeanne Pilqrim said she was unaware that this issue was going to be raised this evening, anc she was here to speak on another issue. However, she reported that she has a 13- year old son who was traumatized at school when he was nine. He now undergoes therapy and has home school through The Palm Beach County School District. Several weeks ago, Mrs. Pilgrim had a major problem with her son, and called 911. Two Police Officers responded. One of the officers was Rick Ross, who was magnificent. Mrs. Pilgrim w~ote a letter of commendation for his personnel file. The other officer wore a coat with a hood covering his head. His head was shaven. He kept his hand on his gun at all times, and he never said a word. He kept looking around the house. Officer Ross asked the officer to respond to another call while he stayed to talk to her son. When Officer Ross left, Mm. Pilgrim's son remarked that he thought the officer was a Nazi. He noticed that the officer was looking around the house at their Jewish things. Mrs. Pilgrim contacted Chief Gage to report this situation and to commend Officer Ross. She asked the Chief to look into this report. Mrs. Pilgrim feels a thorough investigation is needed of the Police force. Mark Shepard, a resident of Boynton Beach. Mr. Silver is Mr. Shepard's best friend. He reported that Mr. Silver has been involved in numerous cases throughout his life. It is unfair to accuse him of grandstanding because he is running for State Representative and this case surfaced at this time. Rabbi Simon Silver, 2309 NW 66 Drive, Boca Raton, is the President of the South Cbunty Rabbinical Association and former President of the Clergy Association of Delray Beach. Rabbi Silver is Chaplain for the JeWish War Veterans of Post 266. When we read reports of dozens of people killed in war, we shutter. Yet, within our lifetimes, millions were kil!ed. It is not a matter of freedom of speech when an individual displays a symbol on his bo~Y of people who could crush innocent people. When an individual does something like that, he is making a statement of sympathy with those who would cruelly snuff out the lives MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 of innocent people. Arlene Jenkins, Verde Trail, Boca Raton, said she is 63 years old, and has memories of air raid drills. The first thing she learned about the Nazis was that they were going to make lamp shades from her skin. She has never forgotten that, or the little tags children in New York City wore which contained their blood types. Mrs. Jenkins feels lucky to live n paradise, but she becomes frightened when she hears these things. She feels it is beyond credence to be frightened of a police officer. Mayor Taylor remarked that people do not have to be Jewish to understand the horrendous thi!ng that happened during the Holocaust. He has been discriminated against many times; however, he put his life on the line for 26 years in the Air Force fighting against this type of:behavior. He will continue to fight this behavior wherever he finds it. His only doubt tonight was what was driving this display. He knows no one on the Commission will defend racism, and if it exists, ii will be dealt with when it is found. Lynne Matson, I West Chesterfield Drive, explained that when a person is a Commissioner, it is sometimes difficult to get some things done because Commissioners are not permitted to speak to one another outside of a meeting. Ms. Matson advised that it took approximately three years of meetings with Scott Miller and Rick Chesser to get the North Federal Highway medians taken care of. The medians on South Congress Avenue, western Boynton Beach Boulevard, and the eastern side of the City look beautiful. HOwever, the northwest median on Congress Avenue is appalling. Most of the grass and trees are dead. She has spoken with the City's Forrester and the City Manager about the possibility of making that median a test median using money from the budget for xeriscaping and color. This median is scheduled to be taken care of in two years, but that area of the City is built out and the median should not remain in that condition for that long a period of time. She urged the Commissioners to consider her request, and stated that she will return in two weeks. Lee Wische, 1302 SW 18 Street, pointed out that Mrs. Matson was in office for five years. He questioned why the medians were not taken care of when she was in office. Carolyn Pine, appeared on behalf of Andre St. Juste. She reported that six years ago, Mr. Sti Juste had a $200 fine put on his property by the Code Enforcement Department for doing a repair to his roof which was over 25 percent of the roof. No one questioned that v~olation. Ms. Pine stated that she just had an inspection done on the roof, and it claims that there was never any repair done to the roof other than 6 pement which was done when thb $200 fine was placed on the property. That fine accumulated to $360,000. Ms. Pine realizes that the City voted to have the City sell Mr. St. Juste's home. Now that the report has been received, it is proof that Mr. St. Juste was innocent. Therefore, Ms. Pine re§uested that the Commission remove the order to sell the house. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Mayor Taylor advised that this case is currently in litigation. He recommended that Ms. Pine submil her documentation to the City Attorney. The courts have reviewed this case and Mr. St. Juste has been found at fault. Attorney Cherof offered to accept any documentation Ms. Pine wished to submit. He further offered to provide Ms. Pine with the names of the 10 attorneys representing Mr. St. Juste. Ms. Pine advised that an article will appear ~n the June issue of Readers Digest called "Mugged by the Government". The article is the result of a Readers Digest investigation of this issue. WITH NO ONE ELSE WISHING TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC AU DIENCE PORTION OF THE AGENDA. VIII. DEVELOPMENT PLANS: Project: Agent: Owner: Location: Description: Woolbright Place PUD ............................................... TABLED Brett Nein - CCL Consultants, Inc. Howard Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and SW 8th Street MASTER PLAN MODIFICATION - Request to amend the previously-approved master plan to change the dwelling units within Pod 1 from 90 multifamily dwelling units to 85 single- family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet, and reduce the perimeter building setbacks along SW 8th Stret and the north PUD buffer from 40 feet and 60 [eet to 20 feet and 25 feet, respectively, add private recreation and establish recreation setbacks. Attorney Cherof recommended that this application be removed from the table, and that the public audience be opened to accept comments. The issue can then be tabled again. This procedure would eliminate the need for republication of the notices. Motion Commissioner Bradley moved to take this item off the table. Commissioner Titcomb seconded the motion which carried unanimously. Roy Esser¥, 118 SW 8 Court, lives in a small home in Leisureville with a 55' frontage. There is only 6' on each side of each house, which amounts to 12' between houses. The plan proposed would have lots which are 42' wide. Mr. Essery feels they will be packed t5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 like sardines. Gary Lehnertz, 619 SW 2 Ave., pointed out that one section of this application asks to reduce the north buffer from 25' to 10' and the perimeter building setbacks from 60' to 25'. As President of the Lake Boynton Estates Homeowners' Association, he intervened against the City in dealing with the Comprhensive Plan. There was a settlement agreement with DCA in Tallahassee which stated that this buffer would be 25', would have an 8' berm, and would be landscaped with native plants. There was also an agreement that there would be a setback of 40'. The City is bound to that agreement to make it a 25' buffer with the berm, landscaping anc setbacks. He urged the Commission to abide by that agreement. Carol Fretwell, 713 SW 3 Ave., explained that the map that was distributed throughout the neighborhood was not correct. It shows roads that do not exist. The people fought long and hard, and the City has paid dearly. It makes no sense to take shortcuts. She does not believe it is necessary to give anything more than is practical, logical, and reasonable. Ms. Fretwell said she will be back in two weeks to see how things are going on this application. Lisa Waters, 709 SW 4th Ave., was glad to hear this application was tabled because she only received notice of this proposed amendment on Saturday. Because she works, she has been unable to visit with staff to learn what the proposed amendments mean to her and her family. She is concerned about the proposed reduction of the barrier from 25' to 10'. She will do her research and return when she understands the impact to her property. Nancy Worrell, 712 SW 4 Ave., is concerned about the buffer being reduced. She is not opposed to the change from multifamily to single-family, but she would like the wooded area to remain. Maryann Fornataro, 718 SW 4 Ave., believes the City of Boynton Beach has an agreement to keep the buffer zone. When she purchased her home, she was promised a Certain amount of land as a buffer zone. In addition, she bought her property for privacy. She is at the end of the dead-end street, and does not want the buffer zone changed. THERE WAS NO ONE ELSE IN THE AUDIENCE WHO WISHED TO SPEAK ON THIS PROJECT. MOtion Commissioner Titcomb moved to table this project for two weeks until May 21, 1996. Commissioner Bradley seconded the motion which carried unanimously. Attorney Cherof advised that the following two projects will involve quasi-judicial hearings. He explained the procedures to follow, and administered the oath to all who would be testifying during the proceedings. ]6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 B. Project: Agent: Applicant: Location: Description: Shoppes of Woolbright PCD Louis R. Campanile, Jr. CCL Consultants, Inc. Howard Scharlin. Trustee North side of the intersection of Wooibright Road and SW 8th Street MASTER PLAN MODIFICATION - Request to amend the previously-approved master plan to reduce the building size of Outparcel 1 from 6,920 square feet to 5,930 square feet; increase the building size of Outparcel 2 from 5,755 square feet to 6,745 square feet, Outparcel 3, remove the drive- through lane; change the use of the 5.36 acre tract on the west side of SW 8th Street from a 28,000 square foot commercial building to a 9,970 square foot (180) seat sit-down restaurant; and expand the size and boundary of the PCD by reduction of the width of Morton's Way from 80 feet to 50 feet. Tambri Heyden, Planning and Zoning Director, explained that on the west side of SW 8th Street, there was a previously-approved commercial building of 20,000 square feet. This request proposes to change that commercial building to a freestanding sit-down restaurant of 9,970 square feet and 180 seats. Other parts of the request affect Outparcel 1 and Outparcel 2. On the east side of SW 8th Street, Outparcel 1 is being decreased from 6,920 square feet to 5,930 square feet. Outparcel 2 is being increased from 5,755 square feet to 6,745 square feet. An additional m~nor change involves the industrial access road, Morton's Way. There is a proposal to reduce that road from 80 feet to 50 feet. That difference will be added to the PCD. There is an error in the agenda description. Originally, the applicant was requesting that the drive-through for Outparcel 3 be deleted. However, that request has been deleted and the drive-through will remain. There are a number of staff comments outlined in Exhibit "D" of the agenda packet. When this application went before the Planning and Development, they recommended approval o¢ the request subject to all of the staff comments in Exhibit "D" with the exception of COmment #13 which relates to the last settlement agreement approved by the COmmission. The comment talks about an outstanding landscape buffer that was to be installed by February 7, 1996. Since that has not been accomplished, staff recommended that it be installed prior to permitting for Cracker Barrel. At the request of the applicant, the Planning and Development Board recommends that comment be changed to "prior to certificate of Occupancy for Cracker Barrel". Mayor Taylor noted a recommendation to table this request until a traffic study is provided. ~7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Ms. Heyden explained that traffic information had not been submitted; however, staff met with the applicant and has reached an agreement on how to deal with the traffic. Louis Campanile, of CCL Consultants, represented the applicant. He introduced Mike Morton, and Rick Wohlfarth, President of CCL Consultants. Rick Wohlfarth thanked staff for the assistance provided in getting through this process. Mr. Wohlfarth stated that the applicant wishes to make minor adjustments to some of the square footages in an effort to avoid having to come back before the Commission again. Outparcel 1 shows a reduction to 5,930 square feet. The applicant wishes to reduce that figure to 4,000 square feet. In addition, the applicant would like to increase the square footage of Outparcel 3 to 3,175 square feet. As of today, the overall approved square footage of the PCD is 286,320 square feet. The applicant would like to keep that same square footage so that it is available for another potential buyer. In,the staff report, there is a reference to three turn lanes (a northbound left-turn lane to the west to the Cracker Barrel site, a northbound right-turn lane that goes to the east, and a southbound left-turn lane that goes to the east into the three outparcels). The applicant is not certain the northbound right into the east, or the southbound left will be required. The applicant would like to leave out these comments at this point. In the site plan process, if the northbound right and southbound left are required, the applicant will be happy to include them. The applicant is in agreement with all other comments. The master plan has been modified, and will be submitted to the City for review by staff. MS. Heyden expressed concern about deleting the traffic comments. We received a letter indicating that the traffic study would be delivered on May 15. It is premature to delete these comments at this time. Furthermore, it is possible that the traffic study will not address turn lanes because SW 8th Street is a local street. The traffic comments should remain. After review of the traffic study, the comments can be evaluated. Ms. Heyden has no objection with the reduction in square footage requested by the applicant. Mr. Wohlfarth requested that the Commission delete the turn-lane comments, and if the traffic study indicates they are necessary, and with staff's approval, he will bring in a master plan revision. This would eliminate the need to come back in on the two turn lanes. Ms. Heyden indicated this proposal would be agreeable to the Planning and Zoning Department. However, City Manager Parker pointed out that it would be agreeable only with the City Engineer's approval. The City Engineer feels the turn lanes are necessary regardless of what the supporting data says. City Manager Parker recommended amending Mr. Wohlfarth's recommendation to indicate that it would be acceptable only with the City Engineer's approval. Mr. Wohlfarth agreed with that amendment. MAYOR TAYLOR C PENED THE PUBLIC HEARING. t8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Carol Fretwell said she does not understand the significance of the reduction of Morton's Way from 80 feet to 50 feet. Ms. Heyden explained that Morton's Way was originally envisioned to be a collector road. It is now a local street. The width was arrived at based on projected traffic and the number of parcels the street would be serving. It does take into account turning radius. Doris Gudmundson, 1206 SW 22 Street, noted from a newspaper account that the City was asking Cracker Barrel to change its motif. She asked if what she read was correct. Mayor Taylor explained that Cracker Barrel would be the next application, and she could ask her question at that time. Ms. Heyden pointed out that Comments 2, 7, and 8 deal with traffic. These comments would have to be reviewed by the City Engineer upon receipt of the traffic study. Vice Mayor Jaskiewicz referred to the mention of Taco Bell in Comment #7. Ms. Heyden explained that the application was submitted with the name Taco Bell. It is actually Outparcel 3. Motion Commissioner Bradley moved to approve the Shoppes of Woolbright PCD master plan modification subject to all staff comments. Commissioner Tillman seconded the motion. Mr. Campanile questioned whether or not all staff comments refers to all the Planning and Development Board comments and all comments made this evening. Mayor Taylor responded affirmatively. Mr. Campanile had no objection to any of the comments. The motion carried unanimously. C. Project: Agent: Applicant: Location: Description: Cracker Barrel Old Country Store Louis R, Campanile, Jr. CCL Consultants, Inc. Howard Scharlin, Trustee East side of SW 8th Street, approximately 200 feet north of Woolbright Road NEW SITE PLAN - Request for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright P.C.D. Louis Campanile, CCL Consultants, introduced Ken Sweeney from Cracker Barrel Old Country Store. Mr. Campanile stated that the applicant has the same comments relative to the turn lanes that were made in the Shoppes of Woolbright PCD application. The MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 applicant would like to delay inclusion of the northbound turn lane into the south entrance of Cracker Barrel until the traffic report has been reviewed, and subject to approval by the City Engineer. Mr. Campanile said there is already an existing northbound turn lane into the north entrance of Cracker Barrel. There is not a great deal of room to put in a northbound left-turn lane into the south entrance. In addition, Mr. Campanile pointed out that Comment #47 deals with the facade of Cracker Barrel. The applicant objects to that comment, and Cracker Barrel would like to keep the facade as proposed. This is a theme restaurant. It is unique from McDonald's, Miami Subs, or Taco Bell. They sell their theme, and their theme would not be the same if the building was a peach-colored stucco building. He displayed the colored elevations of the proposed structure. This facade is used all over the country. Ms. Heyden advised that the Planning and Development Board recommends exceptions to Comments 7 anc~ 47. With regard to Comment #7, they recommend that the fire hydrant be moved to the northern part of the same island. They also recommend that the lighting in the dumpster area be shielded from the adjacent residential district, or be relocated. With regard to the elevations, the Planning and Development Board recommends that the north, south, and west elevations be redesigned to reduce the amount of wood siding, and that Cracker Barrel retain their corporate image on the east elevation. Comment #29 - The applicant would like to replat only the areas affected by this master plan modification since replatting the entire PCD property is a large undertaking. Ms. Heyden was in agreement. Comment #28 - Mr. Morton advised that he submitted to the Planning and Zoning Department deeds to what the church purchased and the remaining area. The applicant believes that the correct survey and positioning of the properties is as shown on the Cracker Barrel plans and the master plan. In 1989, when the Ordinance was written, there was a strip of land which was deeded to the church which was part of the original PCD. There is a portion of the PCD that the church owns in addition to their PUD parcel. The size of the parcels and the property lines are correct. Mr. Morton is hopeful the deed will clear up this issue. If there are any questions, the surveyors will try to clear them up. The applicant believes there is a scrivener's error in the legal description of the 1989 Ordinance; however, that has subsequently been cleared up. Comment #34 - The applicant has submitted signs for the proposed Cracker Barrel site. Mr. Campanile questioned whether or not the Commission would be reviewing that sign package. City Manager Parker advised that the sign package was submitted at 4:30 p.m. on 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Wednesday. Staff was unable to review it and submit it to the Commission on Friday. Staff is recommending that if the Commission wants to fast-track this application, they should set a meeting for next week to review the sign plans. The meeting was scheduled for Tuesday, May 14, 1996, at 6:00 p.m. Comments #22 & 30 - Comment #22 deals with the landscape hedge material in the north buffer area in lieu of the Code-required masonry wall. Comment #30 states that the location of the buffer wall shown on the Landscape Plan should be amended accordingly. Mr. Campanile said the applicant is amending the Landscape Plan to delete the wall and include the landscape buffer. There will be no wall. MS. Heyden advised that Comment #22 could be in conflict with Comment #30. City Manager Parker advised that the City will withdraw Comment #22 because it is a conflicting comment. City Manager Parker was of the opinion that the settlement agreement requires a wall with a hedge. Mr. Morton disagreed and stated that there were discussions on the buffer between the church property and this project when the Acme Plastics project was submitted. At that time, the discussion involved the problem being experienced with graffiti. The Commission agreed that the landscape buffer was the better solution. In addition, the church parcel immediately to the north is PCD. That would mean there are two commercial parcels abutting each other. However, the larger ~ssue is that because of the graffiti problem, the whole buffer along the west property line along the canal is a landscape buffer which is a 5' high berm with a hedge in lieu of a wall. The applicant did agree that the masonry wall would be installed along Morton's Way to protect that parcel from the PUD to the north. MS. Heyden advised that that discussion probably took place about three years ago. The Acme Plastics project was approved and has expired. The settlement agreement supersedes all the exceptions, and it requires the buffer wall. Attorney Cheref clarified for Mr. Morton that this issue involves putting in the buffer wall on the north side between the church parcel and the PCD. Mr. Morton said the agreement was to install a landscape berm with a Ficus hedge. A SHORT RECESS WAS DECLARED TO RETRIEVE A COPY OF THE SETTLEMENT AGREEMENT. THE MEETING RECONVENED AT 9:08 P.M. Attorney Cherof advised that the settlement agreement does not specifically talk about the wall between the Cracker Barrel and the church site, but it references that other walls or berms will be constructed. The Code requires a masonry wall between the PCD and PUD. 2] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 This was dealt with by the Commission on the west boundary. It was waived because of a concern relative to controlling the graffiti. A berm was found more suitable. The Commission has that same discretion at this time. He explained that the Commission could require the wall with landscaping on the interior section (south side of the wall), and let the church deal with the north side of the wall when the property is developed. The Commission also has the authority to waive the masonry wall, but require a landscape berm, or any combination of the two. In response to Commissioner Titcomb's question, Ms. Heyden advised that the buffer is required to be 25' in width. This is a Comprehensive Plan policy which was discussed during the last workshop. There was a consensus to require a wall and landscaping so that the problem of graffiti would be eliminated. Commissioner Bradley feels there is sense to that type of approach. However, considering that them is a berm on the western side which is landscaped, he feels it might make more sense to go with a consistent approach and look. He would prefer a berm with landscaping on top of it. City Manager Parker advised that if there ~s a problem with the zoning overlap on the church property, the City would amend it to suggest that the Commission say, "to the northern boundary of the Cracker Barrel property". This would eliminate the possibility of the applicant going into the church's property to do the berm or wall. Attorney Cherof and Mr. Morton confirmed for Commissioner Bradley that the church purchased part of the PCD. Commissioner Tillman feels the Commission's approach should be consistent with what already exists. He will support the berm and landscaping. ViCe Mayor Jaskiewicz will also support the berm and landscaping between the chumh and the Cracker Barrel property. However, she woulC like consideration between the residential and gas station commercial property on the west boundary to make sure that it is either bermed adequately, or have a wall and shrubbery. Mr. Campanile stated that this particular ama is part of the berm which was discussed in the Shoppes of Woolbright PCD application. It is part of Resolution R95-65. City Manager Parker advised that there willl be a 5' berm with a 5' hedge. Commissioner Titcomb requested a list of allowable uses for the property to the north of this site. City Manager Parker advised that they could put in a residential use. It is master planned [or a church, but the church could request residential in the PUD. They have calculated that 70 single-family homes could be put on that proper~y. However, Mr. Morton explained that it may not be possible to do that because of the way the property sits. The density is based on the traffic generation which was 750 trips. A single-family house 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 generates 10 trips per unit. If they chose to put multifamily on this parcel, the number of units would be slightly higher. Commissioner Titcomb agrees with the other Commissioners thai there should be consistency around this portion of the site. However, if the PUD becomes residential in the future, there would be different criteria for what would have to go between the commercial to,the south and residential to the north. He wants to be certain to allow for that at this time. City Manager Parker advised that staff's comment relative to the wall was included to protect the residential type use to the north from the commercial to the south. If that requirement is removed, there will be no chance to go back if the church requests a master plan modification to build homes. Mr. Morton stated that the church parcel shows a landscape buffer of its own separating the two properties. There would be a 25' buffer on one side, and either a 10' or larger buffer on the north side. That buffer zone would amount to anywhere from 35' to 50'. Consensus There was a consensus ofthe Commissiontokeepthis consistentand allowthe berm and landscaping. City Manager Parker asked if the Commission was happy with only the Ficus hedge or whether they would prefer to see a landscape berm similiar to the landscape berm proposed by Gary Lehnertz which was approved as part of the settlement agreement that ~s proposed on the other side of the property: Mayor Taylor would prefer some trees. rvlr. Morton said he thinks the berm that will be put in would be more heavily-landscaped than a Ficus hedge. He requested that the "Gary Lehnertz Plan" be left out of the discussion because they have been fighting it for ten years1 He feels Cracker Barrel will come up with a suitable 5' landscape buffer plan that the City will approve. City Manager Parker advised that the Commissioners will now be making an agreement. Mr. Morton does not want to do the "Gary Lehnertz Plan". Mayor Taylor feels that if the applicant wants to overcome some of the objections relative to the elevations, it would help for the applicant to agree to include some trees to help shade the northern side. The Commission would probably not be so concerned about the wood paneling if there were trees included for shading. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Vice Mayor Jaskiewicz pointed out that the development on the south side of Woolbright very adequately shielded the residential area with foliage and trees. All Ficus hedge will be very boring and not very aesthetically pleasing. Trees would serve a better purpose, and Vice Mayor Jaskiewicz is concerned that the gas station be shielded as much as possible. Mr. Morton agreed with Vice Mayor Jaskiewicz that RaceTrac should put trees along the berm. The oerm between the church and the Cracker Barrel will include trees. City Manager Parker advised that RaceTrac was not present, and Mr. Morton has no jurisdiction to speak for RaceTrac; therefore, what he said has no relevance. He cannot speak for RaceTrac unless he is willing to put in the trees. Mr. Morton agreed that if RaceTrac does not agree to put in the trees, he will put them in. He pointed out that RaceTrac has some issues to be resolved, and he believes they will be happy to do it. Mr. Campanile reminded the Commission that regarding the left-turn lane, if the applicant's efforts with Mr. Hukill that the left-turn lane are futile, they would like to make the left-turn lane contingent upon the Certificate of Occupancy for Cracker Barrel rather than on any building permit. MS. Heyden advised Mr. Campanile that all comments must be complied with prior to certificate of Occupancy. The off-site improvements and the turn lanes must be done prior to the Certificate of Occupancy. Mr. Campanile said he is specifically referring to the approval of the engineenng plans similar to a project where the water and sewer is approved prior to pulling the building permit. This ~s a similar issue. Attorney Cherof confirmed with Mr. Campanile that he was referencing Comment #20. MS. Heyden questioned whether the applicant's concern was that the traffic study would not be reviewed and resolved prior to building permit. Mr. Campanile explained that his concern deals with the fact that Cracker Barrel wants to get in the ground as soon as possible. They do not want to delay that. If the turn lane is needed, the applicant will put it in before the Certificate of Occupancy. City Manager Parker advised that the language should read as follows: "If deemed needed by the City Engineer, to be installed prior to the issuance of the CO". Mr. Campanile agreed with that language, and the Commission had no objection. Comment #45 - "Indicate anticipated use of the northwest, unimproved corner of the property. Mr. Campanile stated this will be retention area. Ms. Heyden confirmed this will be dry 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 retention so that it will be open space. She reminded the applicant to mark this on the plan. Comment #47 - This item deals with the facade of the building. Ms. Heyden reminded the Commissioners that the Planning and Development Board recommends that on the north, south, and west elevations, the applicant minimize the wood, and replace it with stucco. They can retain their corporate image on the east elevation. MAYOR TAYLOR OPENED THE PUBLIC HEARING. Doris Gudmundson said she has travelled extensively up the East Coast and through the Midwest. She was delighted when she noticed the Cracker Barrel sign in Boynton Beach. However, she was very disappointed that there was a request that they change their motif. She feels we nave enough peach and pink buildings in South Florida. She recommends keeping the look as it is. In addition, she is pleased that the Commission has decided to allow the berm rather than the wall because we already have enough walled cities in Florida. The walls cut off the beauty and the breeze. Leave Cracker Barrel like it is, and bring something new and fresh to Boynton Beach. Maurice Rosenstock, One Villa Lane, expressed concern about what the Commission was about to do with regard to a major entrance to a development. With the parcels being generated on this property, and the Vinings, if the City waits for this development to take place and then require the turn lane, a great deal more damages could be involved in a potential lawsuit. He recommended that the Commissioners consider this seriously and not make it dependent upon a CO. City Manager Parker reminded Mr. Rosenstock that the applicant has agreed to install the turn lane if the City Engineer asks for it. Mr. Campanile agreed. Lynne Matson advised that three years ago, former Mayor Harmening contacted Cracker Barrel to express an interest in having them locate here. At that time, the only anticipated problem was s~gnage. She was dismayed to read the newspaper article which had comments that this building is very boring. Anyone who has travelled along 1-95 or the Turnpike knows how quaint and charming Cracker Barrel is. She is hopeful that the Commission does not insist on stucco because of the uniqueness of this business. They have their own trademark and logo. Their design is part of their appeal, and that is why they are called an Old Country Store. To paint it peach is ludicrous. She would hate to have them pull up stakes and move somewhere else because we insist on a stucco city. Gary Lehnertz, 619 SW 2 Ave., said one of the things that came up repeatedly during the Vision 20/20 Conference was the idea that residents were looking for an overall design to 25 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 tie the City together and make everything harmonious. Home Depot and the Vinings are congruent because they have similar colors and architectural designs. Cracker Barrel is 100 percent different. If this is approved, when the next developer comes in, another exception will have to be made, and soon, there will be a hodgepodge with no continuity. The Commission should demand a design which is harmonious. Dave Beasle¥, 515 SW 2 Ave., was a former member of the Planning and Development BOard. He disagreed with what he heard and what he read in the newspaper. He feels this City would be boring if everything was the same color, and everything was stucco. He likes Cracker Barrel the way it is. and hopes the Commission will approve it that way. Jeanne Pil,qrim discovered Cracker Barrel years ago on a cross-country trip. There is a Cracker Barrel Old Country Store just outside the Vero Beach Outlet Mall which is all stucco. Cracker Barrel does not look out of place. There is a Cracker Barrel next to the Florida Culinary Institute, which is all stucco, on 45th Street. Cracker Barrel does not look out of place. Cracker Barrel is an Old Country Store with country charm. If we lose Cracker Barrel in this city, we will lose a lot. Fawn Bradley, 1051 Coral Drive, agreed that the City should have a theme that we can all relate to. However, she totally disagrees with Gary Lehnertz. She does not want anything else to look like The Home Depot or RaceTrac. Keep Cracker Barrel as Cracker Barrel. It will stand out, but it will not look bad, and it will draw people. A member of the audience said the idea of continuing the same look around the property has validity. When bounded on the west by water, a berm makes more sense. However, on the north, when abutting up to property, a wall should be installed. She stated that she loves Cracker Barrel, but feels there are ways to mix wood and stucco so that the look could be compatible. She urged the Commission to be careful about setting a precedent. THE PUBLIC HEARING WAS CLOSED. COmmissioner Tillman pointed out that this ~s a growing City, and different people and ideas must be allowed to be part of it. He has travelled extensively, and he finds Cracker Barrel pleasing to his eyes. He does not feel everything in the City must be totally compatible. If the Codes and zones are m place, then the project is compatible. He will sLIpport Cracker Barrel as it appears. Vice Mayor Jaskiewicz has received numerous phone calls regarding this project. All of the callers were upset at the prospect of patronizing a Cracker Barrel that did not look like a iCracker Barrel. Vice Mayor Jaskiewicz does not believe there is any congruency between The Home Depot and the Vinings. She cannot imagine anyone wanting to change Cracker Barrel. She is in favor of Cracker Barrel looking like Cracker Barrel. The landscaping will fit in with the country theme. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Commissioner Bradley feels the Planning and Development Board missed the mark on this particular project. When the newspaper article appeared, the phone calls began. Since that time, he spoke with a few of the members who are not in agreement with the stucco/wood mix. Th e Planning and Development Board wanted the Design Plan to do what is in place to do -- that is, to create harmony among the buildings. Commissioner Bradley questioned whether or not it would be possible, in the spirit of cooperation, to look at the other buildings and try to capture some small items such as color or detail. He urged the applicant to see if there was a way in color or detail, window framing or door framing, to capture a little bit of what is happening around the Cracker Barrel. He is excited about Cracker Barrel coming to Boynton Beach because it has the flavor of family. Commissioner Titcomb also received a tremendous amount of phone calls on this project. He was present at the Planning and Development Board meeting, and normally, he agrees with the issues of compatibility and harmony. He is a proponent of economic development. The City has been offered a project that will be beneficial to us and will bring the kinds of clientele and economic development traffic to help move this City's spirit. Commissioner Titcomb would like to see a way to tie this building, via landscape or detail color, into the bigger picture of this commercial development; however, he believes Cracker Barrel will provide a project that the community will be happy with. Commissioner Titcomb made it a point to look at the building on 45th Street, and he has no objection to the look and feel of, the building. He feels that there are times exceptions must be made and the mold must be broken. He is supportive of this project. Mr. Campanile said the applicant will make an attempt to comply with the comments made. The landscaping will be uniform, Mayor Taylor pointed out that the City does not to have the same theme throughout. There can be several themes in different areas. He had a conversation with one of the strongest proponents of the stucco, and he agreed that a theme could be created with landscaping. The Commission is doing that this evening. Mayor Taylor feels that when the berm, hedges and trees are in place, not very much of the rear of this building will be obvious. Ms. Heyden reviewed the comments for clarification as follows: Comment #7 has been reworded to say that the fire main should be moved to the northern part of the landscaped island where it is shown on the site plan. Mayor Taylor noted that he did not hear the applicant agree with this comment. Mr. Campanile explained that this issue arose at the Planning and Development Board where the applicant agreed to move a fire hydrant from the south side of an island on the south side of the building to the north side of the same island. Comment #20 will read, "Provide northbound turn lane on SW 8th Street into 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Cracker Barrell prior to issuance of Certificate of Occupancy unless deemed unnecessary by the City Engineer". Comment #25 will be addressed at a City Commission meeting on May 14, 1996. Comment #28 - The second to the last sentence will read, "Adjust the location of the 25' landscape perimeter buffer to include a berm along the north property line of Cracker Barrel and landscape with trees and shrubs". Comment #29 will read, "File a replat of the affected portions of the PCD". Comment #30 - Deleted Comment #47 - Deleted Comment #54 - Locate lighting near the dumpster or shield from the adjacent residential property. City Manager Parker advised that Comment #50 would be deleted based on the fact that the property belongs to the chumh. Mr. Campanile said Comment #53 is the exact same comment as Comment #20, and it should be deleted. Ms. Heyden agreed that Comment #53 could be deleted. With regard to Comment #47, City Manager Parker reminded the Commission that Cracker Barrel will be submitting building plans within the next three to five days. She does not want staff to be questioning the attempt they have made to conform with the other projects in this PCD. Commissioner Bradley asked the applicant to explain the attempts that will be made to have the elevations blend with the other properties. Mr. Campanile said he would speak to the architect in the morning. Ken Sweeney, Construction Manager for Cracker Barrel, said he will do everything in his power to make the landscaping blend and add to the entire development. Cracker Barrel does not try to force any issues on a planning commission. The store and the look is their signature and concept. They will go over and above as far as landscaping and blending is concerned. COmmissioner Bradley agreed to accept Mr. Sweeney's word to do whatever he could in this regard. He was not willing to hole up the project. 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Motion Commissioner Tiilman moved tha! this project be moved forward as presented. Commissioner Titcomb seconded the motion. Vice Mayor Jaskiewicz confirmed with Commissioner Tillman that his motion takes all staff comments into consideration. The motion carried unanimously. IX. NEW BUSINESS: A. Stop Sign Installation - Boynton Lakes Boulevard Mayor Taylor announced that on Mamh 30, he met with members of the board of Boynton Lakes North. They reported a speeding problem on Boynton Lakes Boulevard, and expressed their concerns about the safety of children who wait for school buses. They requested four-way stop signs. At that time, Mayor Taylor was aware of the fact that there had been a four-way stop in this location, but it had been taken down When Mayor Taylor spoke with the board members, he did not know the reasons for the removal of the sign. He explained that stop signs are not used to control speed, but he was concerned about the safety of the children. He instructed the City Manager to have the City install the stop sign and conduct a traffic survey. The signs were installed, and complaint phone calls from residents of Boynton Lakes South were received within one week. Those complaining felt it was an inconvenience. Additionally, they were upset that they had requested signs and had been refused. Mayor Taylor explained to the callers that he was looking into this matter, and Ihe signs were in place while the City investigated the situation. Since that time, the traffic survey has been received, and it indicates that there is no need for the signs. However, the issue of safety of the children still exists. Attorney Cherof advised that the State Uniform Traffic Control laws, which are set out in Chapter 316 of the Florida Statutes, defer to local authorities the power over streets and highways within the jurisdiction of the City. Mayor Taylor explained that the s~gn was refused at Estates and Boynton Lakes Boulevard. He has been told there were three accidents at that intersection after the stop sign was installed. Commissioner Tillman reported that this is a major issue. The road ~s used as a short cut to access Meadows Circle. There is a park in the area where children play. In addition, new townhouses are being built which add to the traffic. Commissioner Tillman feels the stop sign is a necessity. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Commissioner Bradley feels the best idea may be to have the homeowners' association work out this problem and come back to the Commission with their request. Jack Wolfe, 3 Fenwick Place, is the President of the Boynton Lakes Homeowners' Association 2, and the President of Boynton Lakes Property Owners' Association, which encompasses three associations, rvlr. Wolfe said he has received 300 phone calls since the stop signs were installed. He was present to represent 500 families. Six years ago, they petitioned the City, through the City Commission, to install a stop sign at the intersection of Boynton Lakes Boulevard and Estates Boulevard at the entrance to Homeowners' Association 2. The reason for the request was that a wall had been installed by the developer which blocked the view of a driver coming out of Estates Boulevard onto Boynton Lakes Boulevard. The City studied the request, and determined that there was a 150' view and, therefore, nO need for a stop s~gn. There have been four accidents at this intersection. When the City agreed there was a problem, they installed a 20 mph speed limit sign. No one obeys the sign Mr. Wolfe said that the phone calls he received were because of the fact that three or four years ago, two stops signs were installed at the intersection of Chesterfield and Boynton Lakes Boulevard in Boynton Lakes North No one approved those s~gns, and the City knew nothing about them. The City required them to be removed because they said they were illegal. When the stop signs appeared in the identical place again, the residents in Boynton Lakes South questioned why a stop sign cannot be installed at Estates and Boynton Lakes Boulevard. George Baranak, 9 Cambridge Place, feels a stop sign ~s needed at Estates Boulevard and Boynton Lakes Boulevard. This is a very bad intersection. It appears that the traffic at Chesterfield has slowed down since the stop signs were installed. Sharon Kraul, 71 Buxton Lane, said children are always :)laying at the playground, and thi.s is a very busy road. There are deaf children in the area. It is important that the signs stay up for the safety of the children and the residents. Danny Hill, 23 Bentwater Circle, thanked the Commission for taking the time to listen to the residents' problems. He feels this road is a speedway, and the stop s~gns are an asset to the community. Gloria Schwartz, 3 Buxton Lane, is one of the five board members who met on March 30 to discuss several concerns affecting the residents. The main concern was the increase n traffic. The stop signs were requested at Chesterfield because these are family communities of approximately 1,000 families. Those who have objected to the signs did so: because they now have to stop. Although it might be an inconvenience, the signs are important. The protection provided by these signs is needed. She urged the Commission to support this request to leave the signs in place. 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Commissioner Bradley questioned whether Ms. Schwartz' comments were an official position of the Homeowners' Association. Her response was affirmative, and she explained that four members of the board were present in the audience. They expressed the consensus of the community. Mayor Taylor said the people who telephoned him to complain said they represented a lot of people in their association. Ms. Schwartz said she had not received one complaint from the 492 homeowners she represented. The only remarks she received were thank yous. Vi'ce Mayor Jaskiew~cz confirmed with Mr. Wolfe that he was not complaining about the signs that are already in place. He is requesting additional signs at Estates Boulevard and Boynton Lakes Boulevard. Catherine Baranak, 9 Cambridge Place, said stopping at stop signs takes time, but so dO funerals. The stop s~gns are needed, and one is needed on Estates. There are a lot of children on Estates and Winchester. If there is an accident on Estates and Boynton Lakes Boulevard, the children will be involved. Jeanne Pilqrim, 25 Faulkland Circle, said the residents tried for years to get signs on E~tates. When the sign went up, she began to make inquires into how that installation came about. When she called the City Manager's Office, Ms. Parker did not return her calls. She came to City Hall to find any documentation that might exist. She saw City Manager Parker who explained that Mayor Taylor had the signs put up. Mrs. Pilgrim questioned the lack of a study, and was told one was being done beginning April 25. Wh an Mrs. Pilgrim spoke to Mayor Taylor, he was very defensive. Mayor Taylor did not know this item was on the agenda, but he is the person who requested that it be placed on the agenda. Mrs. Pilgrim is against the sign because everything she has read about stop signs tells her this s~gn will not slow anyone down. If it does anything at all, it will cause an accident because no one knows who has the right-of-way. For two years, every two weeks, Mrs. Pilgrim called the School District to try to get the bus stop off Congress Ayenue. The park has been in place for several years, and the children have played in the field across from the park for ten years. There has never been an accident. Mrs. Pilgrim feels that a vote to support these signs will set a precedent. The study shows the intersection does not warrant a stop sign Mayor Taylor questioned whether Mrs. Pilgrim was in favor of a four-way stop sign at Estates Boulevard Mrs. Pilgrim responded affirmatively. The reason the sign is needed there has to do with visibility. Mayor Taylor pointed out that the traffic study does not warrant a stop sign ~n that location either. 3t MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Peter Patrick, 6 Compton Way, lives three houses away from Chesterfield. He feels it would be a good suggestion to place a sign 300' before the stop indicating that a stop is approaching. It is important to retain the stop sign. During the first couple of weeks that the sign was ~n place, the majority of cars went through it without stopping. That has now changed. He urged the Commissioners to keep the stop signs ~n place. Commissioner Titcomb said he die prechecking when he found out this item was on the agenda. He feels part of the problem expressed here tonight is jealousy because signs were placed n one area and not another. However, it appears that there is a need for a solution to the traffic situation in both locations. He feels the same help and direction given to Boynton Lakes North should be brought to the southern end of the community. At times, traffic studies do not spell out the potential for destruction and problems. He feels the Commission should move forward, leaving the signs in place, and putting the signs at the more difficult intersection. If there is a community consensus that the signs do not belong n those locations, the residents can come to the Commission to demonstrate their feelings. Commissioner Titcomb also pointed out that if people are running the stop signs, that is a whole different issue to be dealt with. Vice Mayor Jaskiewicz feels a stop sign is more effective than a speed limit sign. Since the Commission has the authority, she supports leaving the stop sign where it currently is, and placing stop signs at Estates Boulevard on a trial basis. She further suggests doing this as quickly as the first sign was put in place. City Manager Parker advised that the City Engineer has a concern because of the curve of the road and the way it lines up. He is fearful it may be more of a safety hazard with the stop sign. She requested that the installation of the stop sign be delayed for two weeks so that the City Engineer can investigate to see if there is any other traffic device that can be installed that might address the problem. Commissioner Tillman said coming into the community off Congress Avenue could create a situation. When cars enter and reach the stop s~gn, it can create a back up, which would create a hazard. Mr. Wolfe said the problem is not at that location -- it is across the street where someone will be hurt because of the wall they cannot see around. The traffic traveling down Boynton Lakes Boulevard is moving at 50 mph. He suggested doing a study on the traffic coming off Congress Avenue onto Boynton Lakes Boulevard. City Manager Parker said the City Engineer will meet with Mr. Wolfe to review the situation prior to the next City Commission meeting. 32 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Motion Vice Mayor Jaskiewicz moved to approve the s~gn at Chesterfield and Boynton Lakes Boulevard. Commissioner Tillman seconded the motion which carried unanimously. CDBG Entitlement funding status for Fiscal Year 1997 and authorize consultant services City Manager Parker advised that staff recommends the selection of Option I and the hiring of a consultant to develop the CDBG Plan to turn into HUD over the next nine months. The only possible stumbling block is that the Federal Government is considering cutting all of the funding to HUD; therefore, there may not be any money at all by next year. HOwever, if there is money, the City would be entitled to it. Motion Commissioner Bradley moved to approve Option 1 Commissioner Tillman seconded the motion which carried unanimously. Select date for Workshop with the City Commission, Senior Advisory Board and Palm Tran regarding expanded bus routes - Suggested dates: Thursday, May 16, or Thursday, May 30, at 6:30 p.m., in the Library Program Room City Manager Parker advised that the Senior Advisory Board has suggested Thursday, May 30, at 6:30 p.m. This meeting will be advertised. The Senior Advisory Board ~s wOrkshopping with the Commission since this is an issue they have addressed as a board. Palm Tran representatives will be present at the meeting. Mayor Taylor advised that he will be out of the country on May 30. Consensus There was a consensus of the Commission to have the meeting on May 30, 1996, at 6:30 p.m., in the Library Program Room. D. Consideration of additional mono pole sites: Bicentennial Park (near Animal Shelter) Public Works Compound West Wellfield Site City Manager Parker advised that we have several applications pending for monopoles in MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 the City. Discussions have taken place regarding Changing the zoning code to allow them only on City property. However, some of the areas involve City parks which are near residential areas. In addition, some of the antenna companies have approached area schools. If the poles are put on the school sites, the schools will obtain the revenue. Staff would like to change the Ordinance to say the monopoles should be located on City property, have a standardized lease to be provided to the companies as soon as possible, set landscape requirements, and schedule a height variance at a Commission meeting. Mayor Taylor feels the City needs to find every opportunity to create revenue. This is a revenue source. He would like to see these mono pole sites on City property, and he would like them as far away from residential property as possible. City Manager Parker said most of the City sites are lift stations or park sites which are adjacent to residential property. The technical requirements for these mono poles require them to be within certain radii. Mayor Taylor questioned whether or not we have the right to refuse certain sites. Mr. Hawkins explained that we have to justify why we would be turning them down. If it is a technical issue, it is hard to refuse. Mr. McCaffrey said there have been discussions with homeowner associations about possibly placing an antenna in the residential community. The nature of the business is such that a higher antenna is put up at the beginning to get coverage over a wider area. The antenna is then lowered as the users increase because the sites are smaller. If there are a lot of utility users ~n an area, there will be a need for the antennas in the area to provide the coverage. City Manager Parker advised that we can have some zoning restrictions, but we have to allow them sufficient space to operate. Vice Mayor Jaskiewicz does not find the mono pole w/unicell or the light standard aesthetically objectionable even if they were within sight of a residential area. She would prefer to see 10 of these mono poles to one billboard. In response to Commissioner Bradley's question, City Manager Parker advised that even if a company needed a specific area, they could not override our zoning. However, a denial to the company would have to be based on existing law. We cannot deny a request because of radiation or because someone does not like it. There must be sound rationale in :writing. If an application is denied, it must be done in writing. There is then a 30-day appeal process and the FCC makes the final determination. Commissioner Bradley questioned the number of sites that are anticipated. City Manager 34 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Parker was unable to provide a number because it depends on the number of users. These poles are used for cell phone service. Commissioner Bradley realizes that the City needs the revenue that would be generated, but he questionea whether or not there could be a procedure put in place whereby one or two schools could access some of the revenue. If 10 or 20 poles will be put in place within the next few years, the revenue from one pole would not be greatly missed. Sherry Jones, 461 W. Boynton Beach Boulevard, Principal, Galaxy Elementary SChool, said Galaxy has been approached by the School District, which was approached by one of the companies. They have helped the company identify a possible site on the Galaxy campus. Ms. Jones explained that as an older coastal school, Galaxy is well maintained with funding from the parents. However, they would never have an opportunity to ,retrofit the school for computers for Kindergarten through first grade. If Galaxy were to realize the revenue from this source, they would install the computers for those grades. Mayor Taylor asked Ms. Jones what guarantee she has that Galaxy would get that money. MS. Jones said there is a policy in place that these types of leases would be split 60/40. The school would automatically get 40 pement with the other 60 percent going to the area administrator. Ms. Jones is confident her area administrator would see the project through for Galaxy Elementary. COmmissioner Tillman said he has been researching the telecommunications law, and we m~ght want to look at putting together an Ordinance to augment our telecommunications policy. COmmissioner Bradley questioned whether the school would benefit from the tower being placed on the school property. Ms. Jones answereG affirmatively. The school would get cellular phones, lighting for different sites, and total w~ring for all of the classrooms and installation of the computers. Commissioner Bradley asked if an Ordinance could be put together that these structures would be allowed on City of Boynton Beach property only, but with a variance process that would allow the City to make an exception on a case-by-case ~asis. He also asked if we could put a regulatory fee i~ place to allow the City to cover its administrative and maintenance costs as we check on the sites. The 60/40 split bothers him. It would be helpful al the variance level if the school was going to get 100 percent. Ms. Jones advised that in the past, her area administrator gave the entire 100 percent of the money to the school. She reminded the Commissioners that this decision is made only by the area administrator. That is the policy at the current time. 35 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Mayor Taylor questioned whether or not the School Board could contract with these compames without the City's permission. City Manager Parker and Attorney Cherof advised that they could contract with the school if the zoning is in compliance. Attorney Cherof agreed to work the regulatory fee, and the zoning restriction/variance into an Ordinance. Consensus There was a consensus of the Commission to move forward on the three applications before the Commission. City Manager Parker will bring the leases back with the height variances at the next meeting. Consider placing an advertisement in the Special Convention Issue of Quality Cities in conjunction with the 70th Annual Convention of the Florida League of Cities to be held August 8-10, 1996, at the Boca Raton Resort and Club, Boca Raton Consensus After brief discussion, there was a. consensus ofthe Commission to go with a one-half page ad. Authorization for Staff to Proceed to Obtain Property from FPL for a New Park Site City Manager Parker reported that discussions have been held regarding the remainder of the substation site bordering SW 23 Avenue. The City approached FPL, and they want to donate this property to the City. This is an opportunity for us to obtain the property at no cost and possibly develop it as a boat ramp and neighborhood park with grant money. The Commission provided authorization for City Manager Parker to proceed with drawing up the contract and deed to have FPL donate this property to the City. Authorization for a Budget Transfer to Allow 250 Children Into Summer Camp at Hester Park City Manager Parker advised that Ms. Rahming has requested additional summer camp slots. Since the City has not hired the Economic Development Coordinator, there are funds available in the CRA fund for a program developed by the Recreation and Park Department to fund 250 additional children at Hester Park. The cost for staff and supplies would be covered by $25,000 from the CRA fund and $10,000 from registration fees at $10 per child. The current cap at Hester Park is 80 children. Three Recreation Specialists, 36 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 eight Recreation Leaders and four Youth Counselors-in-Training are recommended to handle this additional group. This is temporary summer staff. Mayor Taylor expressed some concern because of the possibility of similar requests in the future. City Manager Parker explained that the school sites and the Oivic Center are maxed out. Hester Center is the only place where there is available room. Commissioner Tillman felt it was to the City's benefit to approve this request since there is no summer school for the age groups delineated in the request. He felt the City had an obligation to assist in this effort. City Manager Parker advised that staff brought this request to the Commission in response to the Commission's desire to assist because of the lack of summer school programs. Commissioner Bradley feels it is important to convey that the money to fund this summer camp is salary money for the Economic Development Coordinator position that has not yet been funded. The money ~s available this year, but may not be available in the future. Mayor Taylor agreed that this program would solve the problem this year, but we may be facing the same problem next year, and we may not have funding available. n response to a question from Vice Mayor Jaskiewicz, City Manager Parker advised that the City has a scholarship program of $800. Vice Mayor Jaskiewicz questioned whether or[not it would be possible to increase the scholarship fund. Mr. Hawkins explained that the Commission will be increasing the opportunity for 250 children to enter the summer camp program with scholarship money. Commissioner Bradley feels the Commission should support this request this year, and make it clear that we may not be able to do it again next year. MOtion Commissioner Titcomb moved to approve the requested expense as specified be taken out of the unused Economic Director salary funds. Commissioner Bradley seconded the motion which carried unanimously. X. LEGAL: A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 096-29 Re: Amend Chapter 2, Zoning, Section 4.J of the Land Development Regulations, providing for other "miscellaneous" structures 3? MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Attorney Cherof read Proposed Ordinance No. O96-29 bv title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE PRESENT WHO WISHED TO ADDRESS THiS ORDINANCE. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-29 on second and final reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 096-30 Re: Amend Chapter 7.5, Environmental Regulation of the Land Development P~egulations providing for open space preservation of natural resource sites Attorney Cherof read Proposed Ordinance No. 096-30 by title only~ Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O96-30 on first reading. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance. No. O96-31 Re: Delete drive-through window requirement facing City street Attorney Cherof read Proposed Ordinance No. O96-31 by title only. Motion Commissioner Tillman moved to approve. Commissioner Titcomb seconded the motion. City Clerk sue Kruse polled the vote. The vote was unanimous. City Manager Parker asked that the Commissioners review the visual graphic and the descriptions. If there are any problems, a revision will be made prior to second reading. C. Resolutions: None D. Other MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 1. Captain Frank's Seafood City Manager Parker reported that the City Commission imposed some conditions as part of a site approval that Mr. Parsons cannot meet because of DOT regulations. Therefore, it is requested that the restrictions be deleted, and implement the restrictions set forth in Mr. Hukill's memorandum dated April 19, 1996. Mayor Taylor pointed out that if the Commission approves the deletion of the conditions, there should be a time limit imposed. City Manager Parker advised that the City is holding a Code Enforcement case. Mr. Parsons will be given 10 days to comply. Aisc, City Manager Parker advised that a stop bar in addition to the stop s~gn will be put in place. Motion Commissioner Bradley moved that the items in the April 19, 1996 memo from Mr. Hukill become the site conditions for Mr. Parsons at 435 West Boynton Beach Boulevard. Commissioner Titcomb seconded the motion. Mayor Taylor confirmed with City Manager Parker that the work will be done as soon as possible. The motion carried unanimously. 2. Appeal decision of the Board of Zoning Appeals - Clear Copy Attorney Cherof advised that this appeal is before the Commission pursuant to Section 10, Chapter 2 of the Land Development Regulations. This is a matter that was before the City Commission previously and is m regard to the Planning and Zoning Director's determination that a site plan was a minor modification rather than a major modification. The RHS Corporation took an appeal to the Board of Zoning Appeals. The record before the Commission this evening is made up of the minutes of that Board of Zoning Appeals meeting, the exhibits submitted by the City and the representative of the RHS Corporation, Planning and Zoning Department Memorandum No. 96-143, and minutes of the City COmmission meeting of March 19, 1996. This is not a rehearing of the case. It is a review of the decision made by the Board of Zoning Appeals. Mark Roberts, representing RHS Corporation, said he is appealing the decision of the BOard of Zoning Appeals because of misstatement of facts that were made. He said that during the meeting, he stated that he had the correct plans which he received from the Planning and Zoning Department on Mamh 13, 1996. Mr. Haag disagreed and stated he did not know where the plans came from. Dr. Roberts showed the Commissioners the plan which referred to Mr. Haag's statement that the back-up space is 26.5'; however, the Code MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 requires 27'. Therefore, a variance is required. Mr. Haag also testified that the City Commission approved curbside recyclable pickup for the project. Mr. Roberts possessed a copy of an agenda memorandum for the September 19. 1995 City Commission meeting which states what the Commission approved. There is a disagreement between what Mr. Haag testified was approved, and what the Commission actually approved. Dr. Roberts submitted a Public Records Request to the City for any motion approved by the City Commission relative to curbside pickup. The law states that commercial establishments must have containerized pickup. On September 19, 1995, the City Commission approved curb$ide pickup for garbage, and recyclable waste pickup. Dr. Roberts read the following which he stated was from Ms. Heyden directly: "Based on additional information the Public Works Department obtained from the applicant regarding type and quantity of solid waste anticipated to be generated, can pickup will be the method of solid waste disposal except for recyclables which will be picked up by the recycling truck. The City's recycling trucks are smaller and will be able to maneuver on the site." Dr. Roberts provided documentation to the Board of Zoning Appeals showing that the City's recycling trucks cannot maneuver on the site. Mr. Haag's testimony was incorrect. On September 19, 1995, the City Commission approved the site plan. There was a notation on that site plan that the City landscape ~nspector will field verify the existing hedge identified by asterick on the landscape legend. Plans and site will be revised to meet proper vehicle area screening if existing material does not meet minimum standards. The new plans do not have this notation, The plans were changed. Dr. Roberts requested a copy of the plans that did not contain this notation, and the City was unable to provide those copies. The plans he had with the notation were the correct plans. The Land Development Regulations specifically define a minor site plan modification. It is :a non-~mpact modification which will have no adverse affect on the approved site and no impact on adjacent properties. Dr. Roberts testified that the Planning and Zoning Department recommended that the street adjacent to Clear Copy (NW 7th Street) be restriped for traffic flow. This is an indication that adjacent properties are affected. The new plans left off the buffer zone. The original plans approved by the City Commission were changed to eliminate the proper buffer zone. Dr. Roberts learned that the City Commission has the authority to approve something in violation of the Code by granting a variance. Dr. Roberts submitted a Public Records Request to find out whether the City Commission approved this variance. He was told no variance was granted to eli,minate the buffer zone. Clear Copy has no room to provide a landscape hedge without significantly altering their plans. With regard to the fire truck, Dr. Roberts presented documentation to the Board of Zoning 40 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Appeals showing that it cannot legally access the site. Mr. Haag said the Fire Department had no concerns about this situation, and this is the way it has been done in the past. If there ~s a fire, since the truck cannot get on the site, it will have to park in the street, blocking additional fire and rescue vehicles from getting to the site. This will affect Dr. Roberts' property in addition to affecting the site. Dr. Roberts is also concerned about hazardous wastes produced by Clear Copy that might affect his property. With regard to recyclables, Mr. Haag testified that he was not familiar with the City Ordinances. Dr. Roberts provided copies of the City Ordinances requiring containerized refuse service on commercial properties. This site plan has been revised to totally eliminate the dumpster area which violates the City Ordinances. During a previous City Commission meeting, Mr. Feldman stated that this 4,000 square foot print shop, which is larger than Kinko's, will generate only one garbage can per week in addition to the recyclables. The City approved curbside pickup. No other print shop in the City has curbside pickup. They have Code required containerized pickup. Ms. Heyden testified that the truck that picks up recyclables s smaller. There is one smaller truck, but it cannot pick up what is legally required by City Ordinances. The recycling truck cannot access the property. Mayor Taylor pointed out that Dr. Roberts was presenting repetitive information to the City COmmission. He requested that Dr. Roberts only go over information relative to the appeal. Dr. Roberts stated that he was providing the Commission with information that was presented at the Board of Zoning Appeals. Mr, Haag said Dr. Roberts was not correct at that time, and Dr. Roberts is proving that he was correct during his testimony. Dr. Robert said what Mr. Haag presented was a m~srepresentation of facts. This site plan negatively affects the property itself. In addition, since the site cannot properly get rid of garbage, it will affect his property. These are re~ uirements under a determination of minor ox major site plan modification. Service vehicles cannot get on the property, and Mr. Haag stated that it was up to the applicant to be able to get the vehicles into the loading zone. The only way they can access the loading zone is to enter through an exit. There is an Ordinance which prevents this. Therefore, it negatively affects the property. In addition, there is a 6" electric meter which protrudes into the loading zone; therefore, it is not nearly as wide as it was presented to be. The Land Development Regulations clearly state what a minor modification is. To be a minor modification, it must be a non-impacting modification with no adverse affects on the approved site plan and no affect on adjacent properties. In evaluating the plans, four of the criteria clearly indicate this is a major modification. Dr. Roberts stated that the lighting plan is insufficient, and does not meet City standards. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 It adversely affects this site and his property. If the property itself, or adjacent properties are ~mpacted at all, the modification is major. At the conclusion of Dr. Roberts' presentation, Mayor Taylor advised the Commissioners that their duty was to either affirm or deny the Board of Zoning Appeals' decision to uphold the Planning Director's determination of a minor site plan modification for this project. Vice Mayor Jaskiewicz does not feel anything presented tonight was anything different from what was presented in the past. Motion Vice Mayor Jaskiewicz moved that we confirm the board's recommendation that this is a minor site plan modification. Commissioner Tillman seconded the motion which carried unanimously. Dr. Roberts stated that he will follow through with a lawsuit. 3. Update on the Bay Club Attorney Cherof advised that after conferring with the Police Department and setting out a strategy to deal with a number of problems in the vicinity of the Bay Club, all of which are linked to the Bay Club operation, a seven or eight-fold attack has been prepared to address the continuing problems. It is the consensus of City administration that what is happening in the area will be a focus in terms of enforcement of our City Codes, the State traffic laws, enforcement of the State Alcoholic Beverage laws, and Occupational License violations. A meeting is scheduled for Monday at Royal Palm Clubhouse with business owners and residents to seek their help to allow us to post as many tow-away zone signs as possible and to enforce that signage. We hope those activities will bring that operation into strict compliance with how businesses .should be operating in Beynton Beach. Commissioner Bradley would like to see emphasis inside the Club as well. He understands alcohol is being served to minors. He asked if undercover operations could be conducted as well as the items mentioned: Attorney Cherof advised that there will be undercover operations at that location. If violations are found, arrests will be made. Vice Mayor Jaskiewicz was of the opinion that if such violations are found, they could come under the jurisdiction of the Nuisance Abatement Board. if the operations persist, the bt~siness could be closed. 42 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 Mayor Taylor knows that some of the employees do not leave the establishment until 5:00 a.m. Therefore, he believes customers are ordering drinks and staying in the establishment to finish those drinks. Attorney Cherof said that the 2:00 a.m. time limit means that serving should cease at 2:00 a.m., and the tables should be cleared at 2:00 a.m. This is a matter of enforcement. 4. Code Enforcement Lien Reduction - Sandra M. Sommer Scott Blasie, Code Enforcement Administrator, advised that Ms. Sommer was present earlier but had to leave the meeting. Ms. Semmer is agreeable with paying the administrative fees. Ms. Sommer has a contract with someone to buy the house. The people who were living in the house were not cooperative. Motion Vice Mayor Jaskiewicz moved that we reduce the fine as agreed to $730.15. Commissioner Bradley seconded the motion which carried unanimously. 5. Prohibition of selling alcohol at adult entertainment establishments Attorney Cherof asked that discussion of this item be deferred since the Supreme Court ruling has not yet been issued. Hopefully, it will be received by the next meeting. XI. UNFINISHED BUSINESS: None Xll. CITY MANAGER'S REPORT: City Manager Parker advised that she provided excerpts from the City Commission meeting minutes relative to the RaceTrac Service Station. It was up for site plan approval on April 20, 1993, and it was before that date. There had been concern that the City had not seen that plan. Vice Mayor Jaskiewicz was pleased to report that the Mobil Station has been painted. Flowers will also be planted soon. Mayor Taylor thanked Vice Mayor Jaskiewicz for the work she has done in this regard. XIII. OTHER: None 43 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 12:30 p.m. CITY OF BOYNTON BEACH Mayor ATTEST: City Clerk Secretary (Six Tapes) .~mmis~sioner Commissioner Co/m/missioner / 44 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS MAY 7, 1996 CLERK OF THE CIRCUIT COURT .............................. $15,900.00 Final Pymt/City vs McCloud - Poinciana School Site Expansion Pay from Pub Serv Tax Const -- 301-791-5-640-35 CH2M BILL .................................................. $ 37,928.16 Task Order #25/Rate Management Study Pay From Util Gan Fund -- 403-000-0-690-10, $12,642.72, 403-000-0-691-10, $12,642.72 Pay From Storm Water Util Fund -- 425-397-5-499-00, $12,642,~2 DATA FLOW SYSTEMS INC .................................. $183,200.00 PO 11045. RTU/PCU Replacement - Final Pymt Pay From W & S Util Rev Fund -- 421-000-0-691-21 DATA FLOW SYSTEMS INC ................................... $ 63,150.12 PO 4633. DACS Project, Final Payment Pay From 1990 Const Fund-- 409-000-0-690-10, $11,601.00 409-000-0-691 - 10, $51,549.12 DON REID FORD ............................................. $18,634.00 PO 11639, Vehicle For Police Chief Pay From Veh Serv Fund -- 501-193-5-681-00 ELLIS K. PI-IELPS & CO ....................................... $ 46,550.00 PO 11519. LS Pump Replacement Project Pay From W & S Util Rev Fund -- 421-000-0-691-21 COMMISSION t~¥ ? APPROVAL INSITUFORM SOUTHEAST [NC ............................... $ 21,830.00 PO 11495. Sewer Main Repair Pay From W & S Util Rev Fund -- 421-000,0-691-21 ge 10. 11. 12. MOTOROLA ................................................. $ 29,061.00 PO 11174. Communcafiun Relocation, Reconfigurafion Project/Pymt For Equipment Pay From Public Serv Tax Fund- 301-194-5-640-05 NOBLE SECURITY SYSTEMS [NC ............................. $13,365.00 PO 11792. Video Recording System Pay From Gert Fund -- 001-211-5-642-00, $4,350.00 Pay From Federal Grant Fund -- 105-512-5-642-00, $6,742.00 Pay From Misc Trust Fund -- 691-000-1-690-15, $2,273.00 SAFETY EQUIPMENT COMPANY ............................. $18,566.11 PO 10910. Emergency Clothing/Made To Spec Pay From Gen Fund -- 001-221-5-390-03 TEN-8 FIRE EQUIPMENT COMPANY .......................... $11,103.95 PO 11422. Fire Service Equipment. Pay From Public Serv Tax Fund -- 301-221-5-690-04 THOMPSON PUMP ........................................... $ 35,873.00 PO 11549. Parts/Equipment Restock Pay From Stormwater Util Fund -- 425-397-5-642-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOM/VIEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER