Minutes 04-16-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, APRIL 16, 1996, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Matthew Bradley, Commissioner
Henderson 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 - Dr. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner Matt Bradley
Mayor Taylor called the meeting to order at 6:35 p.m. Dr. Gill offered an invocation,
followed by the Pledge of Allegiance to the Flag led by Commissioner Bradley.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Titcomb added "Board Appointments and Residency Requirements" as item
IX-A.2.
Vice Mayor Jaskiewicz requested discussion on Items A & C under Bids.
Commissioner Bradley added "Superintendent Kowal Attending May 2 Education Advisory
Board Meeting" as Item IV-A.4.
Commissioner Bradley added "Discussion of Prohibition of the Sale of Alcohol in Adult
Entertainment Establishments" as Item X-D.3
City Manager Parker added "Hideaway Lounge Request for Mother's Day Poker Run" as
Item IX-A.4.
2. Adoption
Commissioner Titcomb moved to approve the agenda as amended. Commissioner
Bradley seconded the motion which carried unanimously.
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II. ADMINISTRATIVE:
Accept resignation from Nathaniel Weinshel, Regular - Recreation &
Parks Board
Commissioner Bradley moved to accept the resignation. Vice Mayor Jaskiewicz seconded
the motion which carried unanimously.
B. Appointments to be made
Appointment
to be Made Board
Length of Term
Expiration Date
IV Tillman** Adv. Bd. on Children & Youth Alt 1 yr term to 4/97 TABLED
I Titcomb** Adv. Bd. on Children & Youth Stu/Reg 1 yr term to 4/97 TABLED
II Bradley** Adv. Bd. on Children & Youth Stu/AIt 1 yr term to 4/97 TABLED
III Jaskiewicz** Bd. of Zoning Appeals Reg Term expires 1/98 TABLED
IV Tillman** Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 4/99 TABLED
II Bradley** Bldg. Bal. of Adj. & Appeals Alt 1 yr term to 4/97 TABLED
IV Tillman** Cemetery Board Alt 1 yr term to 4/97 TABLED
IV Tillman** Comm. Redevel. Adv. Bd. Reg 1 yr term to 4/97 TABLED
II Bradley** Community Relations Board Rag 3 yr term to 4/99 TABLED
IV Tillman** Community Relations Board Reg Term expires 4/98 TABLED
I Titcomb** Community Relations Board Alt 1 yr term to 4/97 TABLED
IV Tillman** Education Advisory Board Reg 2 yr term to 4/98 TABLED
IV Tillman** Education Advisory Board Stu 1 yr term to 4/97 TABLED
Mayor Taylor** Education Advisory Board Stu 1 yr term to 4/97 TABLED
IV Tillman** Library Board Alt 1 yr term to 4/97 TABLED
I Titoomb** Nuisance Abatement Board Reg 2 yr term to 4/98 TABLED
II Bradley** Nuisance Abatement Board Reg 2 yr term to 4/98 TABLED
III Jaskiewicz** Nuisance Abatement Board Alt 1 yr term to 4/97 TABLED
III Jaskiewicz** Planning & Development Bd. Alt 1 yr term to 4/97 TABLED
IV Tillman** Planning & Development Bd. Alt 1 yr term to 4/97 TABLED
Mayor Taylor** Recreation & Parks Board Reg 3 yr term to 4/99 TABLED
III Jaskiewicz** Recreation & Parks Board Reg Term expires 4/98 TABLED
IV Tillman** Recreation & Parks Board Alt 1 yr term to 4/97 TABLED
Mayor Taylor** Recreation & Parks Board Alt 1 yr term to 4/97 TABLED
IV Tillman** Senior Advisory Board Alt 1 yr term to 4/97 TABLED
II Bradley* Recreation & Parks Board Reg Term expires 4/97
Motion
Vice Mayor Jaskiewicz moved to remove all tabled appointments from the table.
Commissioner Bradley seconded the motion which carried unanimously.
Commissioner Tillman appointed Hattie Miller as an alternate member of the Advisory
Board on Children and Youth.
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Commissioner Titcomb appointed Whitney Thompson as a student/regular member of
the Advisory Board on Children and Youth.
Commissioner Bradley tabled his stUdent/alternate appointment on the Advisory Board on
Children and Youth.
Vice Mayor Jaskiewicz appointed Patti Hammer as a regular member of the Board of
Zoning Appeals.
Commissioner Tillman tabled his regular appointment on the Building Board of Adjustment
and Appeals.
Commissioner Bradley appointed Michael Bessell as an alternate member of the Building
BOard of Adjustment and Appeals.
Commissioner Tillman tabled his alternate appointment on the Cemetery Board.
Commissioner Tillman appointed Margaret Johnson as a regular member of the
Community Redevelopment Advisory Board.
Commissioner Bradley tabled his regular appointment on the Community Relations Board.
Commissioner Tillman appointed Brenda Williams as a regular member of the Community
Relations Board.
Commissioner Titcomb tabled his alternate appointment on the Community Relations
Board.
Commissioner Tillman appointed Dawn Russell as a regular member of the Education
Advisory Board.
Commissioner Tillman appointed Falechia Price as a student member of the Education
Advisory Board.
Mayor Taylor appointed Ben Demaline as a student member of the Education Advisory
Board.
Commissioner Tillman tabled his alternate appointment on the Library Board.
All positions on the Nuisance Abatement remained FROZEN.
Vice Mayor Jaskiewicz appointed James Reed as an alternate member of the Planning
and Development Board.
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Commissioner Tillman appointed Pat Frazier as an alternate member of the Planning and
Development Board.
Mayor Taylor appointed Michael Bottcher as a regular member of the Recreation and
Parks Board.
Vice Mayor Jaskiewicz appointed James McMahon as a regular member of the Recreation
and Parks Board.
Commissioner Tillman appointed Ed Harris as an alternate member of the Recreation and
Parks Board.
Mayor Taylor tabled his alternate appointment on the Recreation and Parks Board.
Commissioner Tillman tabled his alternate appointment on the Senior Advisory Board.
Commissioner Bradley tabled his regular appointment on the Recreation and Parks Board.
Motion
Commissioner Tillman moved to approve the names entered for appointments, and table
the remaining names. Commissioner Bradley seconded the motion which carried
unanimously.
III. CONSENT AGENDA:
A.
Minutes:
Special City Commission/Planning
Meeting Minutes of March 25, 1996
& Development Board
No corrections were made to these minutes.
2. Regular City Commission Meeting Minutes of April 2, 1996
No corrections were made to these minutes.
B. Bids - Recommend Approval - All expenditures are approved in the
1995-96 Adopted Budget
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Piggyback installation of a seamless epoxy flooring system for
Wilson Center Pool to Horizon Flooring Systems
As outlined in Facilities Management Division Memorandum No. 96-41, the original
estimate was for $10,000 to do all shower and restroom areas only. The cost to do the
complete building, including the office, entrance areas, storage, and first aid room, would
run approximately $12,000. This is based on an area of 2,264 square feet at $5.30 per
square foot. Approval is requested to piggyback this work bid in order to be sure the other
work can be completed by the May 30 opening date.
Award bid for annual contract for safety clothing/equipment to
various vendors
The Tabulation Committee recommends awarding the bid to various vendors. Twelve
proposals were submitted. Vendors submitted prices only for the items they can supply.
The evaluating factors used to determine the best bids were responsiveness, number of
items which were Iow bid, price, brand name and warehouse processing time. All awarded
vendors are considered to be the most responsive, responsible bidders meeting all
required specifications.
C. Resolutions
Proposed Resolution No. R96-52 Re: Authorize execution
of Consultant Agreement Form for automated design mapping
between Aerial Data Reduction Associates and the City of Boynton
Beach in the amount of $174,273
D. Approval of Bills
A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's
Office.
E. Payment of Bills - March, 1996
A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's
Office.
Transfer of Cemetery Lots 23 A & B, Block R, Boynton Beach Memorial
Park
As outlined in City Clerk Sue Kruse's memorandum to City Manager Parker dated April 2,
1996, Gary Small requests permission to transfer these Cemetery lots,
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Approve extension of the Employee Assistance Program agreement
with the Center for Family Services through September 30, 1997
Authorization is requested for the City Manager to sign the Letter of Continuance presented
to the City of Boynton Beach by The Center for Family Services for Employee Assistance
Program services priced at $2.11 per employee per month through September 30, 1996,
with an increase to $2.25 per employee per month effective October 1, 1996.
Approve one-year extension of Annual Bid for Metal Containers with
Industrial Refuse Sales
The Purchasing Department is requesting the approval of a one-year extension for the bid:
ANNUAL BID FOR METAL CONTAINERS. At the Commission meeting of June 20, 1996,
this bid was awarded to Industrial Refuse Sales, Inc., from Lakeland, Florida. The annual
anticipated usage is five roll-offs and ten dumpsters. The amount budgeted is $25,000 in
Account #431-341-5-690.02
h
Approve use of Kevlex, Inc., school bus service for summer camp
transportation
As outlined in Recreation & Park Memorandum #96-162, authorization is requested to use
Kevlex, Inc. School Bus Service for Summer Day Camp programs to be conducted from
June 17 through August 9, 1996. Kevlex, Inc. was used for the 1995 summer camp. The
cost of this service is paid for through camp registration fees. Research was done on the
possibility of using another bus service; however, it was found that a cost savings of
approximately $1,327 to $3,251 will be realized if we renew our contract with Kevlex, Inc.
School Bus Service. The Recreation & Park Department used this service for the past
year, and has been completely satisfied.
Approve repair of high pressure water pump on Vehicle #181 (Jet-
Vactor) in the stormwater Division of the Utilities Department in the
amount not to exceed $7,902.79
Utilities Memorandum No. 96-116 outlines the need for repairs to Vehicle #181. This
vehicle was repaired approximately two to three years ago. The "O" rings, seals, pistons,
etc., deteriorate and need to be replaced within a two to three year period of time. The
Stormwater Division anticipated the need for these repairs and budgeted for them in the
Equipment Repair Account #425-397-5-433.00. Three written quotes were obtained
ranging from $627.44 to $12,013. These quotes are based on best case to worst case
scenarios. The extent of the work is not known until the pump is broken down.
The Utilities Department requests permission to have Southern Sewer Equipment of Fort
Pierce make the necessary repairs. They have submitted the best quotes for both
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scenarios. The repair could cost as little as $627.44 or as much as $7,902.79. The
request is to issue the Purchase Order not to exceed $7,902.79.
Approve purchase (replacement) of 15 electric golf cars from Club Car
in the amount of $32,053.50
Golf Director Joe Sciortino's memorandum dated March 29, 1996, advises that the
replacement schedule for the motorized electric golf cart fleet, as approved for fiscal year
1995-96, projected replacement of 15 Six-year old 1990 Club Cars with 15 1997 Club Cars.
Club Car won the original bid for supplying golf cars in 1983, and their products have given
us extremely reliable service over the past 12 years. There have been no customer or staff
complaints about the equipment. Although it was originally anticipated that these cars
would be replaced every four years, that schedule has been amended to every six years
due to the reliability, durability, and trouble-free service of the equipment. At Mr. Sciortino's
request, Club Car submitted copies of recent purchase quotations to other area golf
courses. Our quotation of $2,875 per car plus $136.90 for options, and $875 per car trade-
in, is competitive and in line with our projected budget of $3,050 per car and trade-in of
$900 each.
Approve purchase of test and maintenance equipment - Data
Acquisition and Control System (DACS) from variOus vendors
Utilities Memorandum #96-112 dated March 25, 1996, outlines the need for the purchase
of test and maintenance equipment for the Data Acquisition and Control System. The
DACS project provides instrumentation and control systems to the wells, lift stations, two
water plants, administration and other utility facilities. This project has been ongoing since
1992. The last significant portion was approved by the Commission on May 2, 1995, and
is nearing completion. Contract 7 with Johnson Yokogawa Corporation includes $12,500
for test and maintenance equipment and $9,000 for additional PCs. The major reason
these areas are being separated from the original Contract 7 was to avoid contractor
markup and sales tax. This equipment is funded in the 1990 Bond issue.
Approve City of Boynton Beach Three to Five-Year Strategic Planning
Initiatives
The strategic initiatives are designed to help provide the City of Boynton Beach with a
structure for the planning, organizing, and implementation of priority issues for
accomplishment over the next three to five-year time planning horizon.
Consider increasing dollar value for Capital Outlay Inventory to $500
per Florida Statutes Section 274-02
In the past, the City has followed Florida Statutes when determining if an item is to be
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inventoried. According to F.S. Sec: 274-02, the dollar value for an item being purchased,
which is considered a capital outlay request, has been increased to $500. If this is
approved, the Finance Department would delete from our current inventory listing any
items under $500.
Authorize records destruction for the Department of Development and
City Clerk's Office
The State has approved Records Destruction Requests #307, #308, and #309.
Motion
Vice Mayor Jaskiewicz moved to accept the Consent Agenda as presented. Commissioner
Tillman seconded the motion which carried unanimously.
IV. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
Workshop City Commission/Town Meeting on Thursday, April 18,
1996, at 7:00 p.m.
Mayor Taylor made this announcement, advising that there will not be an agenda.
Commissioners and depadment heads will be present to accept questions from the
citizens. This will be an open Town Meeting, and everyone is urged to attend.
Special City Commission Workshop on the Evaluation &
Appraisal Report - April 22, 1996, at 6:30 p.m., in the Library
Program Room
Mayor Taylor advised that this will be a joint workshop meeting of the City Commission and
the Planning and Development Board.
American Assembly Visioning Process - May 2, 3, 4, 1996, at
Indiana River Plantation
Mayor Taylor announced that 79 people have responded of the 120 invitations that were
sent out. Those who have not responded will be contacted and the alternates will be
called until the list of attendees reaches 100.
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Superintendent Kowal Attending May 2, 1996 Education Advisory
Board Meeting
Commissioner Bradley announced that Superintendent Kowal will address the Education
Advisory Board on May 2. This is an important time for residents to come out and listen
to what she has to say. The School Board is getting along very well, and everyone is very
positive and upbeat about the potential for improvements. Although May 2 is the first night
of the City's Visioning Conference, a van will transport Visioning attendees back to City Hall
for this important meeting.
Mayor Taylor suggested that the City advertise the Superintendent's visit throughout the
community. He is disappointed that the Superintendent's visit will take place during the
Visioning. The Chairwoman ofthe Education Advisory Board invited Superintendent Kowal
to an Education Advisory Board meeting at her convenience when she first arrived in Palm
Beach County. It was not obvious at that time that the date of her visit would conflict with
the Visioning session.
In addition, the problem with leaving the Visioning session is that there is interplay which
takes place in the evening because it is a less formal time. Mayor Taylor asked if it was
possible to reschedule Superintendent Kowal's visit, but she is completely booked for at
least four or five months. Superintendent Kowal has been invited to the education portion
of the Visioning. Vice Mayor Jaskiewicz hopes and invitation was extended to the
members of all advisory boards to attend the presentation by Superintendent Kowal.
B. Presentations:
None
V. BIDS:
Award bid fOr demolition of two steel elevated water tanks to D. H.
Griffin Wrecking Company, Inc., in the amount of $32,500, and authorize
execution of contract (Proposed Resolution No. R96-53)
Vice Mayor Jaskiewicz was happy to see this contract executed. She noted the date of
March 26, 1996 listed in the contract, and is concerned that it is now April 16 and the
contract will be approved tonight. She questioned when the four-month period for project
completion begins. City Manager Parker advised that the contract is not executed until the
Commission approves it. We will then provide a notice to proceed. That will be the actual
start date.
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Award bid for removal of asbestos from 1913 Elementary School to
Decon Environmental Engineering in the amount of $8,154.50, and
authorize execution of contract (Proposed Resolution No. R96-54)
There were no questions on this bid.
Award bid for reroofing of the 1913 Elementary School to Therma Seal
Roofs in the amount of $90,000, and authorize execution of contract
(Proposed Resolution No. R96-55)
Vice Mayor Jaskiewicz confirmed that the City has never dealt with the contractor in the
past. She also expressed concern regarding Section 11.1 of the contract wherein it states
there is guarantee for only one year. Generally, roofs are guaranteed for 10 years.
Bill DeBeck, Project Manager, said the one-year guarantee is the contractor's guarantee.
The ten-year guarantee would come from the manufacturer. The manufacturer is Birdge
Industries.
Mayor Taylor questioned whether or not the City will have a guarantee "in hand" in the
event the roof leaks. Mr. DeBeck stated the City will have that type of guarantee.
Commissioner Bradley pointed out that the manufacturer will guarantee the materials. He
questioned, however, what would happen if a leak is due to construction defects or
workmanship.
Mr. DeBeck responded from the audience, but the Recording Secretary was unable to hear
his response, and his remarks were not picked up on the tape recording of the meeting.
Vice Mayor Jaskiewicz inquired as to the type of roof that will be put on the building. Mr.
DeBeck said it is a standard metal roof with a galvanized shingle.
Award bid for site improvements to Rolling Green Municipal Complex
to Sullivan Brothers, Inc., in the amount of $58,550, and authorize
execution of contract (Proposed Resolution No. R96-56)
There were no questions regarding this bid.
Motion
Vice Mayor Jaskiewicz moved to approve Bids A, B, C, and D. Commissioner Bradley
seconded the motion which carried unanimously.
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VI. PUBLIC HEARING:
Project Name:
Agent:
Owner:
Location:
Description:
The Villager Pub at the Villager Plaza
Alexander K. Mitchell
Luisa Bosso, Trustee
1403 W. Boynton Beach Boulevard (Bays 4 and 5)
CONDITIONAL USE - Request for conditional use
approval for a 1,750 square foot pub within the existing
shopping center
City Manager Parker advised that part of the problem with some of the conditions
enumerated in the back-up and approved by the Planning and Development Board, is that
some of the property being used belongs to Lake Worth Drainage District. The landscape
areas, as well as the section of the property where the dumpsters are located do not
belong to the property owner. In addition, there are problems with the ingress/egress. The
concern expressed involves the fact that if we attach conditions, and Lake Worth Drainage
District does not allow them, the conditions will not be able to be accomplished.
Mike Haag, Zoning and Site Development Administrator, advised that he had'
conversations with Bill Winters of Lake Worth Drainage District this morning. He indicated
that it is a puzzle how the asphalt got behind the property. They are willing, however, if the
property owner makes application to the Board of Supervisors, to approve the asphalt
subject to the property owner making improvements to the drainage structures or at least
making sure they are working properly.
The additional recommendations made by staff involve installing a landscape hedge along
the north property line of the new asphalt area with "No Parking" signs. The District felt this
would not be approved by the Board of Directors because it would hinder maintenance of
this canal. However, the additional parking spaces that could be placed in that area would
not create a problem.
City Manager Parker clarified that the condition relative to the installation of the hedge
would not be appropriate since the Lake Worth Drainage District is not in favor of it.
Mr. Haag advised that Lake Worth Drainage District is willing to work with our Public Works
Department on the dumpster enclosure problem. Our employees continue to put the
dumpster on the Lake Worth Drainage District property because it is easier to service at
that location.
Mayor Taylor referred to the back-up material wherein it states that the property owner was
given until April 16, at noon, to submit a trustee or authorization documentation acceptable
to the City Attorney. He questioned whether or not this condition has been met.
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Attorney Cherof saw an affidavit signed by Louisa R. Bosso that she is the sole legal owner
of the property -- not as a trustee, but in her own name. The applicant must state whether
or not the original of that document is in the City's possession, or whether it will be
delivered tonight.
Mayor Taylor reported that he was present at the Planning and Development Board
meeting when they reviewed this application. Most of the conditions apply to the owner of
the plaza. The applicant is requesting a conditional use; however, by submitting that
application, staff identified problems. The problem is that it is not the applicant's
responsibility to take care of the problems, and the owner has refused to do anything.
Attorney Cherof administered the oath to all who would be testifying for The Villager Pub
at Villager Plaza, NationsBank, and Woolbright Place PUD.
Alexander Mitchell~ applicant~ is the owner/operator of the Pub. He is not in possession
of an affidavit from the landlord. Mr. Mitchell feels the conditions being attached to this
application should be directed at the landlord. He has a letter from the landlord stating that
if the issue is not resolved, Mr. Mitchell will have to vacate the premises because he is
causing too much trouble. Mr. Mitchell said he leases 1,700 square feet inside four walls.
The outside of the property is not his responsibility.
City Manager Parker pointed out that although 12 conditions are listed, the only ones that
apply are 1,2, 3, and 5, and Item 5 has now been eliminated because it is the hedge issue
which Lake Worth Drainage District will not allow. Item #3 deals with screening of the
dumpsters located in the rear of the property. The original dumpsters showed fencing
around them on the site plan. Therefore, this can be treated as a Code Enforcement
situation which the owner will have to address by putting the fencing back in place. The
only problem is that the fencing cannot be put back in the location shown on the site plan
because it is under high wires that make it impossible to service the dumpsters. The
dumpsters will be moved into the easement area that was paved. In addition, the one-way
traffic suggestion in Item #1 can be accomplished. The issue before the Commission is
whether or not to allow this to be a bar versus a restaurant in that neighborhood.
In response to a question from Mayor Taylor, City Manager Parker explained that the traffic
is now traveling on the Lake Worth Drainage District easement that was paved. We would
like to make that a one-way in, and a one-way out. This change will be required of the
owner.
Commissioner Bradley pointed out that the hedges around the dumpsters will place this
area further out in Lake Worth Drainage District property. Mr. Haag said the plan calls for
hedges. He is not certain a fence was included on the plan. Public Works visited the site
today and selected a few locations for the dumpster that would be on the Villager Plaza's
property. One dumpster would be left at the northwest corner, and the one on Lake Worth
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Drainage District property would be moved up close to the rear of the building.
Mr. Mitchell advised that the landlord agreed to put up one-way traffic signs; however, he
is not willing to do anything else. Mayor Taylor said the owner will do whatever the City
tells him to do because he is currently under Code violations.
Commissioner Bradley would like to split the issues and contact the owner. Mr. Haag said
he called the property owner today, but did not receive a return call.
Vice Mayor Jaskiewicz questioned the reason for the expansion. Mr. Mitchell advised that
the addition was to allow him to put in two pool tables. The addition was completed in
October.
Commissioner Tillman feels the property owner is using the Commission as a wedge on
a business decision. The Commission's decision has to do only with the conditional use
application.
Commissioner Bradley feels nothing will be accomplished by using the applicant as a route
to the owner. He will lose his business, and then the next person who goes into that space
will not provide us with any leverage. Splitting the issues is the best route, and have Code
Enforcement deal with the owner.
In response to Commissioner Bradley's question, Mr. Mitchell advised that he bought the
bar in 1990. The kitchen was closed at the time. He tried several times to open it. There
are 26 restaurants within one-half mile of his location, and he was losing too much money
because of competition. He did not want to close the kitchen, but he would buy food and
throw it out three days later. Mr. Mitchell said he has a beer and wine license, and is not
required to serve food.
Commissioner Bradley questioned whether the City's Ordinance requires that 50 percent
of his proceeds come from the sale of food in order to sell beer and wine. Mr. Mitchell said
there is such an Ordinance, but he does not know when that Ordinance went into effect.
Mayor Taylor pointed out that if the Commission approves this request with staff
recommendations, Mr. Mitchell cannot open for business tomorrow because the owner will
not do the things required. If the application is approved without the recommendation, Mr.
Mitchell can open for business, but nothing has been accomplished to correct this situation.
Commissioner Bradley was of the opinion that the nonconforming use was triggered
because Mr. Mitchell was no longer serving food in the Pub. Mr. Haag explained that this
applicant was operating as a restaurant serving beer and wine. Two years ago, he
removed the restaurant facility and became a bar. A bar, within 600' of residential
property, requires conditional use approval.
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Mr. Mitchell confirmed for Vice Mayor Jaskiewicz that he is currently operating under a
restaurant license.
Motion
Commissioner Titcomb moved that we split the issue before us, dividing it in two parts; one
being a conditional use for the site itself, and the other being the Code Enforcement
violation issues, and put those through the Code Enfomement procedure. Commissioner
Bradley seconded the motion.
Mayor Taylor pointed out that one of the conditions is that the conditional use be limited
to the 1,750 square foot floor area, and the Occupational License stipulate the maximum
floor area. The petitioner can comply with that condition.
Commissioner Titcomb agreed to add Condition #6 to his motion: Commissioner Bradley
agreed to the addition.
The motion carried unanimously.
City Manager Parker advised that staff will begin working with the owner and coordinating
the Lake Worth Drainage District application. Staff will also look at the paint and roof to
see if there is compliance with the new Ordinance which has just passed.
Commissioner Bradley questioned whether or not an Ordinance exists that sends site
plans into perpetuity as a document land owners can be held to. City Manager Parker
advised that once a site plan is approved, it must be maintained in perpetuity. She
reported on a recent Code Enforcement case where a 19 year old building was cited for
dead landscaping which was approved on their site plan.
Commissioner Bradley would like the City to look at a process by which we can go back
and look at site plans or properties which are deficient, and be able to require them to bring
the property back up to the approved site plan. City Manager Parker said the Commission
has directed staff to move forward with the five-year amortization plan. If it is approved,
this would be a moot point.
Vice Mayor Jaskiewicz questioned whether or not an additional motion was needed to
grant the conditional use. Mayor Taylor responded negatively and stated the conditional
use was dealt with under the motion that was made.
Vii. PUBLIC AUDIENCE:
None
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VIII. DEVELOPMENT PLANS:
A. Project:
Agent:
Owner:
Location:
Description:
NationsBank
Frank Choueiki
Lincoln Property Company C. S. E., Inc.
2nd Avenue Realty
289 North Congress Avenue
MAJOR SITE PLAN MODIFICATION - Request to amend the
previously-approved site plan to include a 928 square foot
building addition, a new auto lane addition, and an ATM
relocation
Mayor Taylor announced that during the Planning and Development Board meeting, the
NationsBank representative stated there were no problems with any of the staff conditions,
and they agreed to everything staff asked of them.
Commissioner Bradley pointed out that this endeavor was made easier because the owner
and the lessee worked together.
Mr. Haag advised that NationsBank has agreed to every condition with the exception of
moving the dumpster to the west side of the building. The Planning and Development
Board agreed with that exception.
Motion
Vice Mayor Jaskiewicz moved to approve the Major Site Plan Modification for NationsBank.
Commissioner Tillman seconded the motion which carried unanimously.
Project:
Agent:
Owner:
Location:
Description:
Woolbright Place PUD
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 Street and the north PUD buffer from
40 feet and 60 feet to 20 feet and 25 feet, respectively, add
private recreation, and establish recreation setbacks.
Attorney Cherof advised that this application is for a master plan modification to the PUD:
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The Commission's duty is to decide if the change is substantial or nonsubstantial. Specific
conditions can be referenced that would bring it to the category of nonsubstantial. There
are 62 specific conditions which are recommended.
Attorney Cherof and Mr. Haag spent up to two hours on the telephone today with the
applicant's representative working through a large portion of the conditions, and the
applicant will stipulate to those conditions this evening.
The next step in the process, if this is nonsubstantial, is that it will go to the Planning and
Development Board for their review. If they approve it without altering any conditions
imposed by the Commission, it ends at that level. However, if it is altered or modified in
any way, the application will have to come back to the Commission for review. The
Planning and Development Board is meeting under an expedited process one week from
tonight. If they do not concur with the Commission's recommendations, the application will
be back before the Commission two weeks from tonight.
Anna Cottrell, planner, representinq the application for the petitioner, said she spent
a lot of time with staff reviewing the conditions. They are in agreement with the vast
majority of conditions. She expressed appreciation for the time spent with staff, and
apologized for not having an opportunity before the meeting began to request a
postponement of this item for a couple of weeks.
Ms. Cottrell feels most of the remaining items will be able to be clarified with staff. By
allowing the postponement, Ms. Cottrell believes they will be able to come back and state
that they agree to all of the conditions recommended. Some of the conditions need
clarification for the record on what the effect might be and what the application will be on
those conditions. The applicant has objections to several conditions and requires time to
justify the proposal and make staff comfortable with the changes they are proposing. Ms.
Cottrell specifically is referring to items addressing the landscape buffering and the street
width.
Attorney Cherof advised that the City has been proceeding under an expedited process,
and this request to table would take the City off that track. He asked if Ms. Cottrell was
waiving that procedure. Ms. Cottrell responded affirmatively and stated that the petitioner
is fully aware of the ramifications of the waiver on the expedited processing. They are
hopeful they can resolve all issues within the next two weeks. She will work with Attorney
Cherof to develop a new schedule for review. She expects to return to the Commission
at the next regular City Commission meeting on May 7.
Vice Mayor Jaskiewicz said she was pleased to see that there will be ownership rather than
rental property, and that the size was increased slightly. She questioned whether or not
consideration was being given to reducing the number of trips. The lot sizes of the homes
that are illustrated adjacent to the abutting neighborhoods are smaller than the ones
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behind them. She suggested decreasing that strip by two homes, and making them 50' to
conform with the abutting homes:
Vice Mayor Jaskiewicz said she was amazed to see the recreation center on the outside
perimeter, making it closer to the abutting neighborhood rather than the development. She
suggests enclosing the recreation center within the development so that it will not have a
negative impact on surrounding communities.
City Manager Parker advised that thero are two very important points to deal with. On the
north property line, the original site plan called for multifamily uses with a 25' buffer. The
design for this buffer was prepared by Gary Lehnertz. With the request for single family
comes a request to reduce the buffer. The 25' landscape buffer was a previous condition
that both parties agreed to. The net effect of not reducing it is that they cannot do the
product they ~are proposing. Ms. Cottrell agreed that was her understanding.
City Manager Parker said that if the Commission feels single-family ownership is more
beneficial than multifamily ownership, staff needs to move forward in that direction.
However, if the buffering and landscaping needs to stay, then staff needs to know that
because both items may not be compatible. She reminded the Commissioners again that
the buffer was approved, and there is no need to forfeit it. The City is very clear on that
issue.
Vice Mayor Jaskiewicz inquired as to the legal steps necessary to amend that to conform
with single-family residences which require less buffering. City Manager Parker stated that
the applicant is before the Commission to change the master plan. If the Commission
approves it, it is a mutually agreed-to approval.
Attorney Cherof said approval of the reduction of the buffer from 25' to 10' as proposed by
the applicant would constitute a mutual waiver of that provision of the earlier settlement
agreement.
Mayor Taylor pointed out that the applicant was proposing 85 units, and staff proposed 74
units. He questioned whether or not agreement to construct 74 units would affect the
buffering. City Manager Parker advised that staff was recommending deletion of those
units from the duplex side of the development. Vice Mayor Jaskiewicz suggested that the
applicant locate the recreation center on the duplex side if they agree to accept staff's
recommendation for a reduction in the number of units.
Ms. Cottrell said there are several issues. One of the issues is consistency with the
settlement agreement. Since she is not as familiar with the chronology of the agreement
as staff, she would like a little more time to effectively represent this project. In addition,
another issue is whether or not their request constitutes a substantial or nonsubstantial
change done in the same tradition that it was done in the past; for example, whether or not
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there are additional adverse land use impacts associated With this change or whether
potential land impacts have been reduced. Staff is pretty comfortable that this project will
probably reduce some of the adverse impacts, but there is still'a question about how the
buffer will be done where the lots meet the rear of existing lots.
There is also an issue of whether or not those impacts are associated with the traffic. This
is a more complicated issue because we are dealing with vested numbers of trips versus
how the County now looks at vested traffiC. Ms. Cottrell spoke with a traffic engineer today.
NOt all of the analyses have been completed yet to determine if there is additional traffic
associated with this. Using gross calculations based number of multifamily versus number
of single-family units, it appears there are 220 additional trips. There is a question,
however, as to whether or not in a new analysis of this entire project, with all of the
changes that have occurred, there is an opportunity to look at an increase in the amount
of internal capture available so that the overall project would not be seen as an increase
in traffic at all. Ms. Cottrell requested an opportunity to evaluate this situation and return
with a much more solid proposal.
City Manager Parker advised that staff is quite concerned about the traffic proposal
discussed by Ms. Cottrell. The settlement agreement freezes the impact fees at the
previous level, and our position will be that the vested trips is the number we are working
with, not the current Palm Beach County concurrency standards. The applicant will not be
able to have the earlier impact fees while using the current standards. The City will be very
firm on this issue. City Manager Parker advised that she may seek City Commission
authorization to hire our own traffic engineer to perform an analysis of this situation. There
have been many changes to the original leases, and the City wants to be able to assure
the community of the situation.
Mayor Taylor is concerned about the traffic situation, and has no problem allowing the
applicant an additional two weeks to evaluate this situation. Mayor Taylor agrees that
single-family units are nicer than multifamily; however, he questioned, "At what price?"
Commissioner Bradley feels the 25' buffer is a very important issue to consider carefully.
If the Commission agrees to table this application, Commissioner Bradley would like a
condition of that motion to be that the applicant notify the property owners to the north that
there is a planned reduction of the buffer. Ms. Cottrell would not have a problem with this
notification, and requested assistance in deciding on the type of notification required. She
will work with staff.
Commissioner Bradley also agreed that many changes have taken place, and the trip
situation is a very important issue. We need to make sure we are "counting apples and
apples and oranges and oranges".
Mayor Taylor thanked Ms. Cottrell for her willingness and positive attitude in working with
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staff to resolve these issues.
Motion
Commissioner Bradley moved to table this proposal until the next Commission meeting on
May 7, and as a condition, that the applicant agrees to notify the property owners to the
north of their planned reduction of the 25' buffer. The motion includes that the applicant
is waiving the expedited process. Vice Mayor Jaskiewicz seconded the motion which
carried unanimously.
Ms. Cottrell confirmed with Commissioner Bradley that the notification would be to the
property owners of the lots adjacent to the buffer.
IX. NEW BUSINESS:
A. Items for discussion requested by Mayor Jerry Taylor
1. Discussion of drive through window location requirements
Mayor Taylor advised that our City Code prohibits drive-through windows facing major
roads. When he questioned the logic behind this requirement, the Planning and Zoning
Department confirmed that the reason for this Code relates to aesthetics. Generally, the
side of the building containing a drive-through is very plain, and many times the roof cover
that comes down above the drive-through window is also very plain and unappealing.
Drive-through windows are usually located on the side of the building which does not
contain the architectural features required on fronts of buildings. Therefore, if the drive-
through window is allowed to face the major road, it is generally very unappealing.
Mayor Taylor explained that Prime Bank would never be able to have a drive-through
window because all sides of the building face a street. In addition, there is interest in the
commercial property on Woolbright Road where Walgreen's is located. If the proposed
project was to take place, a modern Walgreen's would require a drive-through pharmacy
window. The only logical place for the window would be on the side of the building facing
Federal Highway.
Mayor Taylor feels that if appearance is the only reason for this restriction, then
appearance could be addressed at site plan review. The side of the building with the drive-
through window can be made to look as attractive as the front of the building. Mayor
Taylor stated that he has never been offended by the sight of the drive-through window at
McDonald's on Congress Avenue.
Vice Mayor Jaskiewioz agreed that if the drive-through was buffered, and each case was
treated individually, she would consider changing the requirement.
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Commissioner Titcomb feels the City has the safeguards from an appearance standpoint
of the Planning and Development Board to address specific projects.
Commissioner Bradley is confident that the issues of appearance and noise could be
mitigated with perimeter buffering.
Consensus
There was a consensus of the Commission to direct staff to change this particular
provision, and add landscaping and building design additions.
Commissioner Titcomb pointed out that the side would then become the side of the front
of the building and the same provisions would be used for the sides of fronts of buildings.
2. Board Appointments and Residency Requirements
Commissioner Titcomb advised that he is not quite clear how the residency requirements
versus property ownership affect membership on the various boards. He requested
clarification on the eligibility requirements.
City Manager Parker advised that the City Attorney interpreted the Code as requiring quasi-
judicial boards and the Code Enforcement Board to have members who are residents of
the City. The new boards, approved since 199Qwhen the Ordinance was adopted, require
City residents as members of the board.
Attorney Cherof said the Code Enforcement Board requires City residency. This is a
requirement under State Statute. In addition, the Civil Service Board requires residency
under the Charter. Also, Ordinances adopted specific residency requirements for the
Nuisance Abatement Board, Education Advisory Board, Senior Advisory Board, Advisory
Board on Children and Youth, and Community Relations Board.
City Manager Parker suggested reviewing the entire board listing again to make a
determination. A list will be provided at the next meeting.
Commissioner Bradley reported that David Weinstein is a former regular board member
on the Education Advisory Board who was not reappointed. He is anxious to get back on
the board, and Commissioner Bradley has been lobbied by a number of people to put Mr.
Weinstein back on the board. Commissioner Bradley questioned whether or not it would
be possible for Commissioner Titcomb to appoint a regular member tonight, and for him
to appoint an alternate member. Commissioner Bradley explained that Mr. Weinstein is
currently in the alternate position. Commissioner Titcomb agreed that he was willing to
make that appointment.
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Commissioner Titcomb requested that the application forms be clarified so that there is a
residency requirement noted next to the board name.
Motion
Commissioner Titcomb moved to appoint Mr. Weinstein to the Education Advisory Board.
Commissioner Bradley seconded the motion.
Commissioner Bradley noted that Mr. Weinstein would be moved from an alternate position
to a regular position on the Education Advisory Board.
Vice Mayor Jaskiewicz explained that on the first night Mr. Weinstein was appointed, the
Education Advisory Board met at Santaluces High School. He went out of his way to
attend that meeting. He is a contributing member of that board, and Vice Mayor Jaskiewicz
is happy he has been reappointed.
The motion carried 5-0.
Motion
Commissioner Bradley moved to appoint Irene Mandel as an alternate member. Vice
Mayor Jaskiewicz seconded the motion which carried 5-0.
3. Hideaway Lounge - Request for Mother's Day Poke Run
City Manager Parker explained that Dwight Libbey, Owner/Manager of the Hideaway
Lounge, would like to have a motorcycle run on Mother's Day.
Dwi.qht Libbey advised that four shops are involved. At the end of the run, from 1:00 p.m.
until 4:00 p.m., they will come together at the Hideaway Lounge. The Police are involved
to handle parking, and James Wiggy has provided authorization to use his property for
parking. There will be approximately 350 people involved.
In response to Mayor Taylor's question, Mr. Libbey explained that Dream Catchers has
been having its annual meeting in Broward County. However, most of the members have
moved to Palm Beach County, and would rather have their meeting here. This is an event
similar to the "Toys for Tots Run" which is done at Christmas in Miami. Mr. Libbey
explained that 10 percent of the proceeds of this event will be donated to P.A.L.
Commissioner Bradley realized that 350 people would not all fit into the Hideaway Lounge,
and questioned whether all would be on the site. Mr. Libbey explained that this was the
reason for getting the property in the rear. They might have a band for a four-hour period,
located on that field.
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City Manager Parker advised that if the Commission approves this event, the applicant will
be sent to the Building Department and Police Department to work out the details.
Mayor Taylor pointed out that there could be a conflict between this event and St. Mark
Church. The event is planned for 10:00 a.m. when services will be in progress. There are
Sunday masses until approximately 12:30 p.m. Mr. Libbey said the Lounge cannot open
until noon in Boynton Beach. They will be using the front parking lot, and any excess
parking will be in the rear of the property. The Police will control the parking.
Commissioner Tillman questioned why this event was planned for Mother's Day.
The secretary of the Dream Catchers explained that they are assigned dates for these
events, and they are always on Sunday. This date was assigned nine months ago. He
said the Poker Run involves having a member at each shop with a box of cards. The
participants in the event will draw one card, ride to the next shop, draw another card, and
so on. The last card will be drawn at the Hideway Lounge, where the highest hand is
awarded a prize. There will be contests and drawings for prizes. This will be a family
event which is sanctioned by the South Florida Presidents' Council. The South Florida
Presidents' Council is responsible for the world's largest "Toys for Tots Run". This year,
$168,000 was raised for kids' cancer care and Ronald McDonald House. In this area, as
part of the "Teddy Bear Run", more than 500 teddy bears were donated to children in
need. The South Florida Presidents' Council is also very involved in the Blue Bird Camp
in western Palm Beach County. This camp is for adult terminal cancer patients.
Mr. Libbey confirmed for Mayor Taylor that P.A.L would receive 10 percent of the
proceeds of the admission price, plus the sale of food and liquor.
Mayor Taylor expressed some concern because of the closeness of this event to St. Mark
Church. Mr. Libbey is assuming that most people will not arrive until after 12:00 p.m., since
the run begins at 10:00 a.m., and is 30 miles in length.
Commissioner Bradley requested that Police and Planning look at this event in terms of
parking, and making sure that the majority of parking is set up in the back so that it does
not move toward the Church. The representative from Dream Catchers said the members
will also assist the Police with the parking to make sure the bikes are as close together as
possible.
Motion
Commissioner Bradley moved that we approve this application and send it on to Police and
Planning. With their approval, this event should go well. Vice Mayor Jaskiewicz seconded
the motion.
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Commissioner Tillman continued to express concern about the closeness of this event to
the Church and the fact that it was being held on Mother's Day.
Mayor Taylor requested that special consideration be given to services going on at the
Church. The representatives offered to slow down the event to have it begin at the
Hideway Lounge at 1:30 p.m. They could also extend the event until 5:00 p.m. to make
up for the delay earlier in the day.
The motion carried unanimously.
LEGAL:
A. Ordinances - 2nd Reading - Public Hearing
1. Proposed Ordinance No. 096-26 Re: Future Land Use
Amendment - Newport Place
Attorney Cherof read Proposed Ordinance No. 096-26 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-26 on second and
final reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled
the vote. The vote was unanimous.
2. Proposed Ordinance No. 096-27 Re: Rezoning - Newport
Place
Attorney Cherof read Proposed Ordinance No. 096-27 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Titcomb moved to approve the Ordinance as read. Vice Mayor Jaskiewicz
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
3. Proposed Ordinance No. 096-28 Re: Provide for definition
of house eaves
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Attorney Cherof read Proposed Ordinance No. O96-28 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Tillman moved to approve the Ordinance as read. Commissioner Titcomb
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
B. Ordinances - 1st Reading:
Proposed Ordinance No. O96-29 Re: Amend Chapter 2,
Zoning, Section 4.J of the Land Development Regulations, providing
for other "miscellaneous" structures
Attorney Cherof read Proposed Ordinance No. O96-29 by title only.
Motion
Commissioner Titcomb moved to approve the Ordinance as read. Commissioner Bradley
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
Proposed Resolution No. R96-57 Re: Approve negotiated
settlement agreements for property acquisitions for Poinciana School
Wilfred Hawkins distributed a map for review by the Commissioners. In 1993, the School
Board and the City entered into an interlocal agreement to jointly do land acquisitions. The
cost of the land acquisitions would be split 50/50 for the Poinciana School expansion
project, not to exceed $500,000 each. We have now all of the land acquisitions that were
discussed and stipulated as part of the original agreement.
He referred to the map noting that the slashed areas except for the ones marked 7 and 6,
are now under ownership by the School Board or the City. There are four properties that
are part of this Resolution. They are Properties 1,4, 6 or 8, and 44.1.
Under the agreement, any property that could not be voluntarily acquired had to be
condemned by the City. We took the lead in doing that. We have negotiated settlement
agreements as part of this Resolution. The total cost of the properties will be $87,900.
Included in that cost are attorneys fees and associated costs. One of the four properties
had outstanding taxes and was under tax certificate sale. That sale was negotiated with
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the Tax Collector's Office. We anticipate the settlement of that property to be between
$5,000 and $6,000. That cost is included in the $87,900. If the agreements are approved,
all of the properties would be turned over to the School Board.
In the future, we will move forward with appraisals on the properties delineated with dotted
marks on the map around NW 11th Avenue and on NW 1 Street to determine how much
money is needed to acquire them. The City wants to acquire Property #8 within the next
three to four months.
To date, the School Board and City have spent $429,303 on acquisitions. This is not a
final cost. We anticipate another $50,000 or $100,000 to be added to that figure. The final
cost to date should be around $500,000, which cost will be split between the City and the
School Board. When the agreement was first signed, the City set aside $600,000 for this
project. We should have enough money left to continue with the majority of property
acquisitions.
At Commissioner Bradley's request, Mr. Hawkins explained that the Poinciana site is
smaller than what the School Board likes to build on. This property is now approximately
12 acres, and that is after acquisition of approximately 4 acres. The properties along NW
11th Avenue would all be used to expand the site, and possibly be used the area for
additional parking. The way the site is presently configured, there will be limited parking.
The property at the end of NW 11th Avenue (Property #8) would open up NW 11th Avenue
to NW 1st Street to allow for better vehicular circulation around the school. It would also
be used for pickup, parking and better circulation between Seacrest and NW 1st Street.
All of the property acquisitions are necessary to accumulate enough land to bring the site
to the standards the School Board would find acceptable.
Vice Mayor Jaskiewicz inquired if the School Board is demolishing the old school. Mr.
Hawkins responded affirmatively.
Commissioner Tillman questioned the relationship between Wilson Center and the
proposed drainage pond. Mr. Hawkins explained that there is a strip of right-of-way that
the City owns a portion of and South Florida Water Management District owns a portion
of. There will be on-site drainage, but the additional drainage will be on the City's right-of-
way. This will be a fenced retention area. It is not anticipated that this area will hold water
a lot of the time, but it will exist to allow for excess water.
Commissioner Tillman feels these areas cause the growth of mosquito larvae. Mr.
Hawkins explained that when the area is cleaned out, it is landscaped with grass which is
sprayed.
Commissioner Tillman questioned whether or not there was a way to get a clear drain out
to the C-16 canal. Mr. Hawkins does not believe the Water Management District would
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allow that.
Commissioner Bradley said there have been incredible meetings with the School Board
over this issue. They have storm scenarios, and the storm water run-off rules are very
tight. Commissioner Bradley envisions the properties near the Wilson Center being
acquired one day so that we can enter into a joint use type of situation. He sees a benefit
for the Wilson Center, the school and the neighborhooe sharing these facilities.
Commissioner Tillman feels there might be mitigating circumstances in terms of mosquito
larva if water is allowed to percolate or sit. This area might be hazardous to children.
City Manager Parker advised that this strip is not scheduled to hold any standing water.
The standing water pond is where the existing library is currently on the site.
Commissioner Tillman is concerned about a pond full of mosquito larva being on a school
site. City Manager Parker said the School Board must maintain the pond so that this does
not happen. That would be a health hazard. The health department, PTA, or principal will
not stand for that situation. If the School Board is not cleaning the pond, we will hear about
it.
In response to Commissioner Bradley's question, Mr. Hawkins said the Maintenance
Department and Facilities Management Department, which takes care of large issues,
would handle this responsibility.
Commissioner Bradley commended staff for working out all of the points of this agreement.
Motion
Vice Mayor Jaskiewicz moved to approve. Commissioner Bradley seconded the motion
which carried unanimously.
D. Other
Code Enforcement Lien Reduction for Louise and Sharon
Denson - 229 NW 3rd Avenue
Scott Blasie, Code Enforcement Administrator, made the presentation. This process
started as a result of the Wrice marches. There were Code violations and car repairs
being done at the address. The Code Enforcement Board reduced the fine to $480.15.
This was based on the testimony that the Denson's were not aware that overgrown grass
on the east side of the proper~y was their responsibility. The Board Order was split into two
separate orders that evening. Some of the violations took time to comply; however, the
overgrown grass, which accumulated the fine, had only ten days to comply.
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Mr. & Mrs. Denson were present. Mrs. Rose Denson identified herself and provided her
address. Mr. Denson requested relief from the amount of the fine because it is a hardship
on the family. Mr. Denson is unable to work, and they are unable to pay the fine.
Mayor Taylor realized that there was discussion during the Code Enforcement Board
meeting about whether or not the piece of grass belonged to the Densons. Mr. Blasie
confirmed that this discussion took place, but the property does belong to Mr. Denson. Mr.
Blasie added that unlike some of the other lien reductions he deals with, the Densons did
appear at the Code Enforcement Board hearing, pled no contest and requested time to
comply. The Densons took care of everything in a timely manner, and the 10-2 violation
was a minor issue compared to the other violations.
Mr. Denson confirmed that they have accepted the grass area as being theirs, and they
have taken care of it.
MOtion
Commissioner Tillman moved to go with the filing costs of $250. Vice Mayor Jaskiewicz
seconded the motion which carried unanimously.
Code Enforcement Lien Reduction for Bessiere & Lea Belizaire -
101 NE 18th Avenue
Scott Blasie, Code Enforcement Administrator, advised that he had nothing more to add
to this case other than what was already available in the back-up material.
John Belizaire, son, represented his parents. He requested the fine be waived because
the problems have been taken care of, and the family cannot afford the total amount of the
fine.
Vice Mayor Jaskiewicz pointed out that Mr. Belizaire stated at the Code Enforcement
Board meeting that he did not realize the notices he received were for his proper~y. She
questioned why he did not realize they were for that address,
Mr, Belizaire said the property was taken care of, but they kept receiving letters. The area
in question is the corner of the property where neighbors dump their garbage. The
property owners cleaned up the area, but the dumping continues. There was a small sign
onthe property stating "No Dumping", but someone knocked down that sign. There is a
sign in front of the house stating "No Dumping", but Mr. Belizaire feels another sign may
be needed around the corner.
Mr, Blasie confirmed that what Mr. Belizaire was saying about the swale was true; however,
the property itself contained a great deal of debris. The property owners focused on the
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swale because it was a continual problem, but the property itself was also a problem.
Mayor Taylor realized that the swale could be a continual problem because he has seen
evidence of this problem in his own neighborhood.
Vice Mayor Jaskiewicz confirmed with Mr. Blasie that even though people may not own a
particular piece of property that abuts theirs, they are required to maintain that right-of-way.
In addition, she expressed concern about the violations around the home.
Motion
Commissioner Bradley moved to charge the filing costs of $250. Commissioner Titcomb
seconded the motion which carried unanimously.
Prohibition of Sale of Alcohol in Adult Entertainment
Establishments
Commissioner Bradley requested Commission consensus to have Mr. Cherof look into
drafting an Ordinance addressing the prohibition of the sale of alcohol in adult
entertainment establishments. The City of Ft. Lauderdale has an Ordinance that the
Supreme Court will be ruling on shortly. Based on that outcome, he would like to see the
City of Boynton Beach move forward with such an Ordinance.
Attorney Cherof advised that the Supreme Court is scheduled to release its ruling on May
5. The Ordinance is very detailed and elaborate, and has attempted to cover all of the
aspects of the business. The Broward County Ordinance was intended to anticipate the
next move in the business.
Mayor Taylor would be interested in seeing more information and the outcome of the
Supreme Court decision before drafting the Ordinance. Commissioner Titcomb was in
agreement, and would like to see a copy of the approved Ordinance, and would be
interested in knowing how such an Ordinance would affect existing establishments within
the City.
Vice Mayor Jaskiewicz suggested that this item be included on the next City Commission
meeting agenda for May 7.
Attorney Cherof will prepare a report showing the impact of each section of the Broward
County or Ft. Lauderdale Ordinance if adopted here.
Consensus
Thero was a consensus of the Commission for Attorney Cherof to begin moving forward.
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X. UNFINISHED BUSINESS:
None
XI. CITY MANAGER'S REPORT:
City Manager Parker advised that we have declared impasse with the Firefighters' union.
According to State Statutes, neither side is allowed to discuss items with the Commission.
City Manager Parker is aware of a letter that has been sent to the Commissioners since
the declaration of impasse.
Attorney Cherof explained that the Commission's role changes from being the advocate
of a particular point of view on the contract, to someone who will ultimately have to decide
on an impartial basis. The Commissioners should insulate themselves from any lobbying
effort by either side.
City Attorney Cherof will prepare the letter for Mayor Taylor's signature advising that the
Commissioners are not allowed to discuss this issue at this point.
Mayor Taylor noticed that the Consent Agenda contained an item on the Strategic Plan
Initiative. He questioned why it appeared on the agenda. City Manager Parker advised
that staff never brought back the Plan to the Commission for approval affer it was finalized.
Approval is now official.
Xll. OTHER:
None
Xlll. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting properly
adjourned at 9:05 p.m.
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
ATTEST:
CityCClerk
g Secretary
pes)
S:\CC\WP\M[N UTES\COM M~41696.W P D
APRIL 16, 1996
CITY OF BOYNTON BEACH
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30
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: THE VILLAGER PUB AT THE VILLAGER PLAZA
APPLICANT'S AGENT: Alexander K. Mitchell
DATE OF HEARING BEFORE CITY COMMISSION: April 16, 1996
TYPE OF RELIEF SOUGHT: Request for conditional use approval for a 1,750
:square foot pub within the existin,q shoppin,q center
LOCATION OF PROPERTY: 1403 W. Boynton Beach Boulevard (Bays 4 and 5)
THIS MATTER came on to be heard before the City Commission of the City of
;Boynton Beach, Florida on the date of hearing stated above. The City Commission
having considered the relief sought by the applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
The Applicant
x HAS
__ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The Applicant's application for relief is hereby
-x' GRANTED subject to the conditions marked as "include" in
Exhibit "C" hereto.
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and Conditions of this order.
6. Other: None.
DATED: April 18, 1996
City~lerk
City ~t~mey
EXHIBIT
Conditions of Approval
Project na~e: Villager Plaza
File n,~mher: COUS 96-001
Reference: The plans consist of 5 sheets identified as 1st
Review. Conditional Use ADDroval. File # COUS 96-001 with a March
8.. 1996 Plannina and Zoninq Department Date Stamp ma~kina.
DEPARTMENTS I INCLUDE I REJECT
PUBLIC WORKS
Comments:
1. It is recommended that the traffic X
pattern at the rear of the plaza be
modified to restrict it to only allow
one way traffic. The traffic should
be limited to only enter at the west
end and exit at the east end. This
would allow service in a safer and
efficient manner than the present
arrangement.
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments= NONE
DEPARTMENTS
3. TO keep the plaza customers from
parking vehicles on and damaging the
adjacent Lake Worth Drainage District
property located north of the building
and to improve the rear appearance
either request authorization from the
Lake Worth Drainage District to
construct parking spaces within their
right-of-way or request authorization
to post "No Parking" signs and install
a continuous native specie hedge,
meeting the vehicle use area standards
identified in the landscape code,
along the north side of the existing
paved access aisle.
4. If the above recommendation to add
parking in the rear is approved, a
draft document requiring signature by
the subject property owner and Lake
Worth Drainage District shall be
submitted for review. The document
shall include language that would
allow the property owner perpetual use
and maintenance responsibility of the
paved access aisle and drainage
structures located on the district
property.
5. Construct concrete block and stucco
dumpster enclosures that include a
recycling bin around the two (2)
existing dumpster areas shown on the
site plan. The location and design of
the enclosures shall be consistent
with city regulations.
6. It is recommended that the Villager
Pub (bar) gse be limited to the
proposed 1,7§0 square foot floor area
and that the occupational license
the maximum floor area.
INCLUDE REJECT
X
X
X
X
MEH/dim
a: ComDept. Vil/p&d
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
ClTY OFBOYNTON BEACH, FLORIDA
APPLICANT: NATIONS BANK
APPLICANTS AGENT: FrankChoueiki
DATE OF HEARING BEFORE CITY COMMISSION: April 16, 1996
TYPE OF RELIEF SOUGHT: Request to amend the previously approved site plan to
include a 928 square foot buildina addition, a new auto lane addition, and an ATM
relocation
LOCATION OF PROPERTY:~ 289 North Conqress Avenue
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on thedate of headng stated above. The City Commission
having considered the relief sought by the applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
The Applicant
x HAS
__ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The Applicant's application for relief is hereby
~x GRANTED subject to the conditions marked as "include" in
Exhibit "C" hereto.
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
6. Other: None.
DATED: April 18, 1996
Cit~YClerk --
EXHIBIT "C"
Conditions of Approval
Project name: NationsBank
File D,,mher: MSPM 96-002
Reference: Nine (9~ sheets prepared by Auer/Design
International. signed on March 7. 1996: and one ~1~ drawina
prepared by American Survevino ComDanv. sianed APril 14. 1994:
and one ~1) drawing prepared by Acme-Wiley Corporation. signed on
March 1. 1996.
DEPARTMENTS I INCLUDE ~ REJECT
PUBLIC WORKS
Comments:
1. Public Works does not have a problem X
with access to this location, however
it should be noted that the enclosure
is next to Congress Avenue.
UTILITIES I
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments:
2. Ail plans submitted for specific X
permits shall meet the City's code
requiremeots at time of application.
These permits include, but are not
limited to the following; site
lighting, paving, drainage, curbing,
lan~scaping, irrigation and traffic
control devices. Permits required
Page 2
Conditions of Approval
NationsBank
DEPARTMENTS I INCLUDE I REJECT Ii
6. Applicant should coordinate X
circulation in shopping center parking
lot to the south of this project to
improve circulation of Congress
traffic thru parking aisles into
drive-thru lanes.
BUILDING DIVISION
Comments:
7. Handicap walkway from the public X
right-of-way to the building entrance
must comply with the State Handicap
Code Section 4.1.2,(1) and needs to be
shown on the plans.
8. Ail new and any existing, X
nonconforming signs must comply with
the City's Sign Code and be shown on
the approved site plans.
9. Provide information regarding size of X
existing wall sl~na~e.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
10. The building is located within the C-3 X
(Community Commercial) zoning
district. According to City's Land
Development Regulations, Chapter
Section 6.C.3 the required minimum
setbacks for structures in this zoning
district are as follows:
front - 20 feet
side - none
rear - 20 feet
Reduction to 10 feet of the rear yard
cannot be applied since rear yard
access is not available from a public
street or alley. In order to meet the
code requirements, designate on the
site plan, sheet A-l, abutting
Congress Avenue as the front yard and
apply the above setbacks accordingly.
Page 3
Nations Bank - 2nd Review
Site Plan Review
Major Site Plan Modification
DEPARTMENTS I INCLUDE I REJECT
11. Amend the landscape plan to meet the X
following perimeter landscaping
requirements:
a) between the public rights-of-way
and a vehicular use area, one
tree shall be planted for every
40 lineal feet. Indicate
locations of these additional
trees,
b) along interior property lines the
vehicular use areas shall be
screened with a continuous four
to six feet high hedge located
within a 2.5 feet wide landscape
buffer.
(Chapter 7.5, Article II, Section 5, D
and E) If any of these requirements
cannot be met, a request for a
landscape appeal shall be submitted.
12. Provide photometrics of the entire X
outparcel.
13. Identify color code and manufacturer X
and provide material sample for:
a) the finish of the stair by the
main entrance,
b) entrance element frame
14. Provide information regarding the' X
ownership.of properties located
immediately south and west of the
subject site to include description of
the access easements allowing for
cross access to the bank property.
~c~mm~d~o~a:
Page 4
Nations Bank - 2nd Review
Site Plan Review
Major Site Plan Modification
a: ComDeDt. Nat /