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Minutes 10-02-96MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 2, 1996 PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker-Hill, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS Call to Order Invocation Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:35 p.m. The invocation was offered by Rev. Aokermann of the Congregational United Church of Christ. The Pledge of Allegiance to the Flag was led by Mayor Taylor. D. Agenda Approval 1. Additions, Deletions, Corrections COmmissioner Bradley added Item IX.D (The Marina Project Boathouse) and IX.E (City Commission/Chamber of Commerce Workshop). He asked that Item X.A.2 be moved up onthe agenda before Item II.C so that it can be discussed before appointments to the City boards are made. 2. Adoption Motion ViCe Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner TitComb seconded the motion, which carried 5-0. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 II. ADMINISTRATIVE Accept resignation from Rhona Schneider, Regular Member, Education Advisory Board Motion Commissioner Bradley moved to accept Rhona Schneider's resignation from the Education Advisory Board. Commissioner Tillman seconded the motion, which carried unanimously. Accept resignation from Renee Stern, Regular Member, Education Advisory Board Motion Commissioner Tillman moved to accept Renee Stern's resignation from the Education Advisory Board. Commissioner Titcomb seconded the motion, which carried unanimously. X, LEGAL A. Ordinances - 2nd Reading - Public Hearing N Proposed Ordinance No. O96-42 Re: Amend qualifications for student appointments to Advisory Board on Children and Youth Attorney Cherof read proposed Ordinance No. 096-42 by title only. He pointed out that under the qualification section, it states "one alternate non-voting member". If this is to be a regular appointment, the ordinance should be amended on second reading to indicate that it is a regular position. He explained that because of the way it is worded, the qu¢lification creates a position for an alternate non-voting member who resides outside the City. He said the Commission may want that position to be a regular non-voting position. It was the consensus of the Commission to omit the word "alternate" in the ordinance for second reading. Noone in the audience wished to address this item. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Motion Vice Mayor Jaskiewicz moved to approve Ordinance No. O96-42 as amended. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. C, Appointments to be Made Appointment to be Made Length of Term Board Expiration Date I Titcomb** I Titcomb** Il Bradley** Il Bradley** Mayor Taylor* Titcomb* Mayor Taylor* I Titcomb* Advisory Board on Children & Youth Community Relations Board Cemetery Board Advisory Board on Children & Youth Education Advisory Board Education Advisory Board Advisory Board on Children & Youth Advisory Board on Children & Youth Stu/Regl year term to 4/97 TABLED Alt 1 year term to 4/97 TABLED Reg Term expires 4/98 TABLED Reg Term expires 4/97 TABLED Reg Term expires 4/97 Reg Term expires 4/98 Reg Term expires 4/98 Stu/RegTerm expires 4/97 Motion COmmissioner Brad ey moved to remove the appointments from the table. Vice Mayor Ja~kiewicz seconded the motion, which carried 5-0. Commissioner Titcomb appointed Amy Williams as a regular student member to the Advisory Board on Children and Youth, without objection. Commissioner Brad ey moved up Candace Smith from an alternate member to a regular member of the Cemetery Board, without objection. Maryor Taylor moved up Ronald Ehster from an alternate member to a regular member of the Education Advisory Board, without objection. Colmmissioner Titcomb appointed Muslima Lewis as a regular member to the Education Advisory Board, without objection. Mayor Taylor appointed Robert Borovy as a regular member of the Advisory Board on Children and Youth, without objection. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Motion Vice Mayor Jaskiewicz moved to approve the appointments made this evening and to table the remaining appointments. Commissioner Titcomb seconded the motion, which carried 5-0. Approve Request for Proposal (RFP) for planning consultant to implement planning issues relating to the Visions 20/20 Plan City Manager Parker-Hill reviewed the Notice of Requests for Proposal, which included the ad that will be in the newspaper, the scope of services, and the qualifications that the consultants should possess. The primary target areas are Boynton Beach Boulevard from U.S. 1 to 1-95, Martin Luther King, Jr. Boulevard from 1-95 east to the Intracoastal, Ocean Avenue, the Marina area, and U.S. 1 from the northern to the southern City limits to Boynton Beach Boulevard. The tasks required to be done by the consultants include the following: Evaluate ail existing regulations to identify any inhibitors to economic development, inhibitors to redevelopment in any of these areas, and look at traffic calming devices and situations in our neighborhoods and zoning regulations with regard to supporting crime prevention through the environmental design strategies. Evaluate the existing improvements that exist. This would tie in those items that the Visions group asked for in terms of new parking regulations for the downtown area and the target areas, if needed, redevelopment plans in those areas, investigation on-whether or not the CRA should be expanded either north or south and, if so, what those boundaries would be. Rewrite the downtown redevelopment plan and develop business area corridor plans. The City is currently developing a housing and neighborhood analysis plan for the CRA and will be requesting consulting assistance with that. That plan will need to be integrated with the HUD plan that we need to submit to the government to become an entitlement city. This covers the areas outside the CRA (basically Boynton Beach Boulevard south to the City limit and the C-16 Canal north to the City limits). The inner CRA area will be covered in another plan for the HUD program. 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 We expect that the consultant will be working with the various neighborhood groups and the various constituent groups, such as the downtown business owners, the Boynton Beach Boulevard Association property owners, and the applicable businesses on MLK, U.S. 1, etc., in developing the area plans. The consultant will also have to examine the Comp Plan, the existing charrette documents, and the 1986 downtown plan that was adopted. All the previous plans and exhibits will have to be examined and redone as part of this. Mayor Taylor inquired about the time frame. City Manager Parker-Hill stated that if this is approved this evening, we will put the boiler plate City bid information on the street for between 30 and 45 days. The Commission gave the Visions Task Force authorization to screen the applicants and provide the Commission with three names and a recommendation. They intend to do that within the next two to three months depending on how many firms respond to the request. Mayor Taylor asked about the time frame to accomplish this. City Manager Parker-Hill advised that we are going to ask for a time line. Some of these things can be done very quickly and some will take a year to a year and a half. We are going to ask the consultant to,identify the work products that can be submitted within a short period of time, for example, the zoning code review and revisions. Some of the planning issues, etc., are going to take a little longer because they are going to have to meet with some of the various groups and have more discussion. The consultant will provide a time line of the various tasks. Nothing will be delayed. We will keep working on the smaller components along the way. Mayor Taylor said whoever undertakes this must understand that this will have to be meshed with any ongoing programs or projects. We do not want to just come to a stop for a year. We have a lot of things on the fire in the economic development area and he did no~ want to see everything stop while we come up with this great plan. City Manager Pairker-Hiil did not anticipate that this will be just one or two people. A team of people will be needed to deal with all the issues we put forward. The Comp Plan has to be redone and turned into the State by the end of next year. We have deadlines on ongoing projects that will have to be interrelated with this. Coimmissioner Bradley asked how much this is going to cost. City Manager Parker-Hill an!icipates that this job can be done for the budget estimate. Commissioner Bradley wondered if we should consider including the Intracoastal City-wide in the scope of this project; not only the commercial and residential properties that might 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 be developed but also the Intracoastal itself as a right-of-way or thoroughfare. City Manager Parker-Hill advised that we limited this strictly to what was in the Visions document. Vice Mayor Jaskiewicz asked if we are going to hire a consulting team or if we are going to use our Neighborhood Specialist, Mr. Kotas, et al. City Manager Parker-Hill stated that this work is going to be done by one of the larger planning firms. You have to have sufficient staff in some depth because of the traffic issues, landscaping issues, redevelopment issues, economic incentive issues, design issues, and parking issues. You are not going to get one person who is an expert in all these areas. She imagined that they are going to bring in a traffic consultant and a landscape architect as part of the team. There are going to be various people on that team with areas of specialties that are going to work together on this on a consulting basis. Commissioner Titcomb felt that even though the charge has been to focus on the Visions areas, it would behoove us to leave it open-ended for the firm to use their professionalism to identify any other areas that might be issues affecting all of these issues. They need the flexibility to go outside of these areas. City Manager Parker-Hill advised that one of the tasks of the consultant is to investigate whether or not the CRA should be expanded. In addition, we asked for a U.S. 1 corridor study from City limits to City limits. Commissioner Bradley felt we should include the Intracoastal in the U.S. 1 corridor. He said the City is the Gateway to the Gulfstream and we are talking about a nautical theme for the downtown. He said it would be a shame if they are heading in an area and do not have the latitude to branch out. Mayor Taylor asked him if he is talking about the water or the land between the water and U.S. 1. Commissioner Bradley was talking about the land. City Manager Parker-Hill advised that the land is part of the study. Motion Commissioner Tillman moved to approve the Request for Proposal for a planning co0sultant to implement the planning issues relating to the Visions 20/20 Plan. Commissioner Titcomb seconded the motion, which carried 5-0. 6 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of September 17, 1996 No additions, deletions, or corrections were made to these minutes. Joint Workshop Meeting Minutes of the City Commission and Civil Service Board of September 18, 1996 No additions, deletions, or corrections were made to these minutes. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget Award bid for the annual requirements for bulk fertilizer for the Municipal Golf Course to Harrell's, Inc. of Lakeland, Florida Harrell's, Inc. was the lowest, most responsive, responsible bidder who met all specifications and requirements. Award bid to Action Sports Netting, Inc. for the Municipal Golf Course Deflection Netting in the amount of $13,564.68 and authorize execution of contract (Proposed Resolution No. R96- 144) Action Sports Netting, Inc. was the sole responsive, responsible bidder and met all the required specifications. C. Resolutions Proposed Resolution No. R96-145 Re: Authorize execution of agreement between the City of Boynton Beach and Dr. Farhat to perform IAQ medical evaluation services 7 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Proposed Resolution No. R96-146 Re: Authorize execution of lease agreement between the City of Boynton Beach and Florida East Coast Railway Company for leasing of space for beautification, parking, and street encroachment Proposed Resolution No. R96-147 Re: Authorization for the City to participate in the F~orida Municipal Investment Trust Proposed Resolution No. R96-148 Re: Renewal of lease agreement between Partners Plus Inc. and the City of Boynton Beach for continuation of the concession at Oceanfront Park Commissioner Bradley pulled this item from the Consent Agenda for discussion. Proposed Resolution No. R96-149 Re: Authorize execution of a contract with the Children's Service Council of Palm Beach County for the Latchkey Afterschool Program for Fiscal Year 1996/97 6. Proposed Resolution No. R96-150 Re: Authorize execution of Federal Equitable Sharing Agreement between the Federal Government and the City of Boynton Beach Proposed Resolution No. R96-151 Re: Final plat approval for The Vinings P.U.D. D. Approval of Bills A list of these bills is attached to the minutes on file in the City Clerk's Office. E. Approve Records Disposition Request submitted by the Police Department and approved by the State The records to be disposed of are listed on Records Disposition Request #9. Approve request to remove the cremains from Lot 82 of the Replat, Boynton Beach Memorial Park and also approve request for refund of Lot 82 of the Replat This request was made by Mae Webster. 8 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Approve one year extension for the bid "Printing of FunFare Magazine" with Lake Worth Herald Press, Inc. This bid expires on November 7, 1996. According to the terms and conditions, we have the option to renew the bid and extend the prices for an additional year. Approve transfer of funds from Contingency Fund to cover irrigation system renovations in roadway medians between S.W. 22nd Street to S.W. 8th Street (Woolbright Road) The amount of the transfer is $9,000.00. Approve purchase of hardware and software from the State grant for the COALA automation project at the Library See Requisitions 76521, 76524, and 76525. Motion Commissioner Titcomb moved to approve the Consent Agenda, with the exception of Item C.4. Commissioner Bradley seconded the motion, which carried 5-0. Proposed Resolution No. R96-148 Re: Renewal of lease agreement between Partners Plus Inc. and the City of Boynton Beach for continuation of the concession at Oceanfront Park Commissioner Bradley compared this concession to the restaurant at Lantana Beach. He felt it would be great if we could have a small, casual restaurant at Oceanfront Park. City Manager Parker-Hill advised that the restrictions on the property have been in place since 1983. If the Commission would like to change them, we would have to approach the Ocean Ridge City Commission. Commissioner Bradley would like to enter into some discussion with them regarding the possibility of doing that. Mayor Taylor suggested having a workshop on this matter. MOtion Commissioner Bradley moved to approve this item. Commissioner Tillman seconded the motion, which carried 5-0. 9 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 IV. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements Special City Commission Meeting October 10, 1996 at 7:00 p.m. - Review resumes only for City Manager candidates - Library Program Room Mayor Taylor made this announcement. Commissioner Bradley asked how many resumes the Commission will be reviewing. City Manager Parker-Hill advised that the Commission will review between 10 and 12 resumes and narrow them down to 5 or 6. Special City Commission Meetings October 19 and 20, 1996 - Individual interviews and possible selection of City Manager - City Commission Chambers MaYor Taylor made this announcement. City Manager Parker advised that on the afternoon of October 18th, individual interviews will be conducted. The group interviews will be held on October 19th, beginning at 9:00 a.m. On October 20th at 2:00 p.m., the Commission can make a decision or further narrow down the candidates. Tunes in Town Concerts (T.N.T.) - October 11, 1996 at Oceanfront Park - 5:00 to 8:00 p.m. - Wolf River. Country Mayor Taylor made this announcement. 4. Youth in Government Day - October 29, 1996 Mayor Taylor made this announcement. First City Commission Meeting in November will be Wednesday, November 6, 1996 due to the general election Mayor Taylor made this announcement. 10 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 6. Grand Opening of City Hall in the Mall at the Boynton Beach Mall - November 8, 1996 from 12:00 to 2:00 p.m. Mayor Taylor made this announcement. B. Presentations 1. Proclamations a) Fire Prevention Week - October 6 - 12, 1996 Mayor Taylor read this proclamation and presented it to Acting Chief James Ness, b) Lupus Awareness Month - October 1996 Mayor Taylor read this proclamation. c) National Red Ribbon Week - October 3 - 31, 1996 Mayor Taylor read this proclamation. Commissioner Bradley accepted this proclamation asa member of the Board of Directors of Drug Free Community. d) Children and Youth Expo - November I - 3, 1996 Mayor Taylor read this proclamation. (e) Head Start Awareness Month - October 11, 1996 Mayor Taylor read this proclamation. He announced that on October 11th, Lena Rahming is having an open house at the Head Start building on 3rd street at 10:00 a.m. He felt this is an outstanding service to the community. 2. Presentation by Dave Barry, President, Little League Mrl Barry thanked the City for its support of the Little League program. He extended a special thank you to Charles Frederick and John Wildner of the Recreation and Park Department for their support. He advised that this year, their senior softball league placed second in the State. 11 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 m School District of Palm Beach County Child Care Services Program Mayor Taylor announced that the City received a Certificate of Appreciation Award for their generous contribution of matching dollars from the School District of Palm Beach County Child Care Services Program. He thanked the School District for recognizing the City. EXECUTIVE SESSION At 7:27 pm., Mayor Taylor announced that the Commission will be recessing this meeting to go into an Executive Session as provided by F.S. 286.011 to discuss the Briny Breezes Litigation. City Attorney Cherof announced that the people in attendance at the Executive Session will be the members of the Commission, the City Manager, and the City Attorney, and it will last approximately 10 minutes. The City Commission meeting resumed at 7:42 p.m. Vice Mayor Jaskiewicz wished to amend the agenda to add Item IX.F (Shopper Hopper Bus Service). Commissioner Titcomb added Item IX.G (Automatic Student Retiring Upon Graduation for Education Advisory Board Appointments). Motion Vice Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Bradley seconded the motion, which carried 5-0. V. BIDS None. VI. PUBLIC HEARING None. VIL PUBLIC AUDIENCE Jim Wiggy has had a business at 127 E. Woolbright Road for the past 22 1/2 years. He said a group of business people in the downtown area oppose the Marina Project as proposed with the in and out boat storage facility. Mayor Taylor advised him that this item 12 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 has been added to the agenda by Commissioner Bradley and Mr. Wiggy can speak about it at that time. Charles Cox, 205 N.E. 3rd Street, said he wrote a letter to the City regarding the two small islands opposite his condominium that the City put in four years ago. He and his wife accepted the responsibility of taking care of those islands at their personal expense. They received a violation that those islands are a traffic hazard. They cut the trees as required by Code Enforcement. A neighbor across the street objected to the trees being cut and asked that the trees be removed. City Manager Parker-Hill believes this situation has been taken care of. She advised that staff will continue to work with Mr. and Mrs. Cox to deal with this situation. Klm Kelly, owner of Cafe Barista, 529 E. Ocean Avenue, requested permission to allow the merchants to hold another block party on Friday, November 1, 1996 from 6:00 p.m. to midnight. The theme will be Trick or Treating in the Street, followed by Dancing in the Street. They would like the street to be closed at 3:00 p.m. She has contacted the Police Department and they have made arrangements to have two officers present. Ms. Kelly would like to have a dunk tank and get some of the local police officers to volunteer to be dunked. The proceeds will go to one of their programs, such as P.A.L. There will be live entertainment, outside dining, and a food concession area. She is trying to get in contact with the owner of Scully's to see if he would like to participate. A produce company and other vendors will be participating. Two port-o-lets will be provided, as well as a dumpster in the rear and approximately 10 extra trash cans and liners. The Recreation and Park Department is going to provide a stage. Commissioner Tiilman advised that the last Dancing in the Street had a negative impact on the owner of Scully's market. The owner of Scully's was not contacted and was not made a part of the plan. Ms. Kelly stated that the owner of Scully's was verbally told about the last Dancing in the Street. This time, memos will be sent to all the businesses along Ocean Avenue, not just the 500 block. Basically, it is the 500 block merchants who are putting the show together. Because of its location, she did not realize that it would have a negative impact on Scully's. She pointed out that access was not blocked to the street on which Scully's is located. She was willing to work with the owner of Scully's. City Manager Parker-Hill pointed out that the City incurs overtime costs in Sanitation, Recreation, and Police, and these are items that we did not budget for. The City can 13 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 absorb one or two; however, if this is going to be a regular event, additional money may be needed. Vice Mayor Jaskiewicz pointed out that this is somewhat of a commercial enterprise and there can be commercial profit from it. She felt the merchants should pay the expenses associated with it. She did not think the City should absorb the costs. Ms. Kelly said the memhants are trying to promote the businesses and the redevelopment of downtown. In addition, they are providing the whole City with live entertainment for free. Commissioner Bradley suggested that she put a budget together showing the costs of these events. Ms. Kelly advised that she pays for the police officers during these events. Deputy Chief Ted Padich confirmed that no overtime costs were incurred. Ms. Kelly also advised that the Recreation and Parks Department does not set the stage up or take it down. They just drop it off. The trash cans and port-o-lets are also just dropped off. The merchants set everything up, pick up all the trash, and make sure the street is clean. City Manager Parker-Hill stated that we consider this a partnership situation to bring people downtown, to advertise the businesses downtown, and to let people know where downtown Boynton Beach is. We paid the tipping fees, and we did not charge them rent for the dumpster. Commissioner Tillman did not feel comfortable approving this until we know that all the bdsinesses are not going to be negatively impacted. Mayor Taylor pointed out that Scully's complaint was that he was not given any notification; therefore, he could not adjust his inventory. He will be getting about 30 days' notice and should be able to adjust his inventory. He also pointed out that this only blocks traffic coming off of Federal Highway. He asked Ms. Kelly if she carries any kind of activity insurance. Ms. Kelly advised that she did not. Mayor Taylor was concerned about City staff dropping off the City stage and haVing other people set it up and dismantle it. He asked if the City would be liable if somebody is hurt while doing that. City Manager Parker-Hill advised that this stage is not the large G.A.L.A. stage. It is a small portable stage. Ms. Kelly stated that it is only 12 by 12 and it is for one person to stand on. She put it together herself the last time. Mayor Taylor asked if we carry insurance for the Tunes in Town concerts. City Manager Parker-Hill advised that we have for two concerts, but she was not sure about the last one. She said we were concerned about the liquor liability insurance. We have special event coverage for City events. It was the liquor liability that we have to buy a separate policy for, and it is very expensive. We have been letting nonprofit groups have the various 14 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 concessions, and we have been absorbing the insurance costs. Other cities are not having this liquor liability because there is statutory immunity up to $300,000. Mayor Taylor asked what Delray Beach does when they have Jazz on the Ave nights. City Manager Parker-Hill advised that the City of Delray Beach does not sell liquor on those evenings. The individual businesses sell the liquor. However, it is a special event. Commissioner Bradley asked Ms. Kelly if her liquor liability certificate covers alcohol being sold inside and being carried outside. Ms. Kelly did not know. She pointed out that when this was discussed for the first Dancing in the Street, the City said it was all right as long as it was being served inside and consumed within the 500 block. Commissioner Bradley questioned the liability if Ocean Mart does not participate in this event and someone buys alcohol from them and consumes it. City Attorney Cherof advised that it is not going to increase the liability of the City. However, it may affect the liability of the vendor selling the alcohol, regardless of where the property is located. Vice Mayor Jaskiewicz wished to defer final approval of this event until Ms. Kelly works out the details, meets personally with City Manager Parker-Hill, and returns at the October 15th meeting. Ms. Kelly pointed out that she has to hire people and put down deposits. If she does that and this is not approved, she will have a problem. Mayor Taylor pointed out that Ms. Kelly does not have much time to put this together, and she cannot proceed without the Commission's approval. If approved this evening, Ms. Kelly promised to have something in writing within 7 to 10 business days. Commissioner Bradley wanted the participants confirmed within 7 to 10 days. If not, this event cannot be held. Commissioner Titcomb suggested approving this conceptually this evening pending working out the details with staff, and giving it final approval at the next City Commission meeting. City Manager Parker-Hill advised that final approval can be handled at the Special City Commission on October 10th. Ms. Kelly advised that at that time, she will have a budget showing all expenses, and all the vendors who will be participating. Motion Commissioner Bradley moved approval of the second 500 Block party, contingent upon the receipt of a budget and a list of the shop owners indicating that they have no objection to this event. Commissioner Tillman seconded the motion. 15 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Mrs. Charles Cox said from what she has heard and seen, the Cafe Barista is the best thing that happened to downtown Boynton Beach. Mr. Cox suggested that TIF monies be used for these events. He said the City has collected over $1 million in tax increment funding, and not a dime has been put in the Central Business District. It was redrawn so it could be put elsewhere. City Manager Parker-Hill advised that all the medians on U.S. 1 in front of the stores were done with TIF money. Scot Herman owns Distinctions Home Decor, 532 E. Ocean Avenue. He said we have talked to every single business owner on the street and they all love the idea. He intends to speak to Scully's tomorrow. The merchants had a meeting today and they are all pitching in money. He said this is a great thing and we really need it. He hoped the Commission would approve more of these events. He thanked the City for installing the Palm trees on the street. City Manager Parker-Hill advised that the Palm trees were donated thanks to the local businesses there. She appreciated all the help from the businesses in that area. Mayor Taylor stated that he was in favor of the first event because he thought it was a good idea to try to let people know that we want to do something downtown and we want to create some activity downtown. He was pleased with the turnout and thinks it went well. He received one telephone call from a lady who said she could not hear her television at 10:00 p.m. that night, even with the windows closed. He would probably be in favor of this one because he would like the people that were there last time to come back and see the improvements (the street lamps and the new sidewalks). However, he was concerned regarding whether or not the City can continue to financially support this. He pointed out that if some businesses on Congress Avenue want to have a block party, they are going to say that the City did it downtown, so they have to support us too. He said this is an introduction to the downtown. If the merchants want to do this again, he would like to know the actual costs to the City so he can make a better decision. The motion carried 5-0, Nd one else wished to address the Commission. Therefore, Mayor Taylor declared the Pu!blic Audience portion of the agenda closed. VIII. DEVELOPMENT PLANS NOne. 16 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 IX. NEW BUSINESS A. Items for discussion requested by Mayor Taylor Consider delay of implementation of hurricane impact standards to January 1, 1997 Mayor Taylor advised that the delay of the implementation of the hurricane impact standards to January 1, 1997 will be consistent with the effective date of Palm Beach COunty, the City of Boca Raton, and West Palm Beach. City Manager Parker-Hill advised that this pertains to Section 1606.4 of the Code entitled "Impacts from Wind Borne Debris". Motion ViCe Mayor Jaskiewicz moved to delay the implementation of the hurricane impact standards, Section 1606.4, to January 1, 1997. Commissioner Titcomb seconded the motion, which carried 5-0. Bm Benefits of economic incentives presented by Todd Kotas, Director of Economic Development Mr. Kotas reviewed his report on Economic Strategy Targets. He stated that the newspaper indicated that business growth in the County is up 12 percent and the stock market hit record levels today. The question is--Is Boynton Beach participating in that grbwth within the South Florida area? He referred to the following statement in his report: "A current goal of the Chinese government is that each resident receive one more egg every four days. The extra chickens required to achieve this goal will annually consume the equivalent of the entire grain crop of Australia ...." HeI said they are planning in order to do that, and we should take the same type of stance on ia target strategy to plan our future economic expansion. Re!erring to the goal and vision statement, he said an economic development group or community is focused to raise the standard of living for the community, as well as bring new dollars into the community. The objectives are (1) to increase the income levels of the citi~'ens of the city and to develop revenues for the community to continue the processes 17 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 to become a "World Class" city, and (2) invest in the city to transform nonrevenue performing regions to areas that not only increase the tax base but also the quality of life. Today's situation is not unlike a lot of cities throughout the United States. He said City Manager Parker-Hill had made a statement that New York is not as bad as it used to be, and that is through efforts of investment by the community in that area. He referred to the Community Redevelopment Agency Taxable Values chart in his report. In 1989/90 the residential was $20,132,525 and in 1996/97 the preliminary figure is $23,952,388. He stated that this growth will not provide the tax base in order to maintain the proper form of government or growth needed for the community. He referred to the Quantum Park taxable values and stated that those figures, which are detrimental to industrial growth in the community, rose in 1989 and 1990 but began to erode in 1992 and 1993. Some revaluations of those properties occurred; however, the reasons really do not matter. You just do not have the tax base in order to tax. We have seen a number of plans for various areas of the community, overall plans, specific site plans, and community plans for the County. However, we do not have a tactical method to raise investment by outside employers in this community. He referred to the chart entitled "Economic Impact of Quality Jobs" and stated that 100 new manufacturing jobs creates $1.9 million in personal income, $1.5 million in retail sales, $1.2 million in bank deposits, increases seven new retail establishments, increases an offshoot of 64 non-manufacturing jobs, 102 more families, and 61 more children in the school system. The chart entitled "Target Sectors for Incentive Allocation" correlates to what the County is doing and also the State efforts. Our focus should be on the jobs that pay the highest wages, which are manufacturing jobs. Highly skilled service sector jobs also can be targeted. The unskilled service sector jobs, in which tourism falls, do not pay any benefits. One of the focuses of the community is the marina project. Based on a study by the National Marine Manufacturer Association, a 200-berth marina that cost $5 million ($2 million for land and $3 million for improvements) creates .3 jobs per berth. This would be a full service marina with 200 berths in the water. The actual job creation is not that great for a marina type project; however, there are other offshoots of a quality marina project. Mr. Kotas spoke of the available options and industrial incentives and assistance. He said Boynton Beach is in competition with all other cities in Southeast Florida. Approximately 300 to 400 cities passed the local ad valorem tax abatement. You do not have to abate the taxes for ten years, but you can focus it and direct it to the actual industry tailored to the recruitment effort. 18 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 We need to develop an economic target industrial data base with utility rates, population, and characteristics. Education is an important factor. The Detroit Free Press stated that a K through 12 school system is probably your second most asked question by major corporate relocators. Therefore, we will have to focus on this effort. According to the American Economic Development Council, a dollar spent goes around a community six times before it is actually exported into other factors. Manufacturing pays over 30 percent of the benefit compensation package to benefits whereas service jobs generally fluctuate below 10 percent. He stressed that the benefit package overall, not just the wage, is important to the people who live in the community. Mr. Kotas referred to the ad that Amarillo, Texas ran in USA Today in order to recruit businesses. He said we need to be creative in our marketing and we need to allocate funding to marketing the City. Mr. Kotas said he asked 20 individuals in Northern Florida where Boynton Beach is geographically located, and only three of them knew. Therefore, we need to do some PR work on Boynton Beach for an industrial recruitment effort. Amarillo offered more than 1,000 companies $8 million each to locate facilities in Amarillol Their population is about 150,000; however, Mr. Kotas felt if we tailor our advertising or marketing campaign, we might be able to offer a couple million dollars in the form of incentives. We are in good times now for recruiters. Most communities are growing and recruiters help speed up the process in a growth area. Quantum Park and the Marina area will eventually develop. The question is, in what direction do you want it to develop? Wi'~h regard to the Business Incentive Changes/State 1996, Mr. Kotas advised that the Qdaiified Target Industry Tax Refund Program now includes printing and publishing firms. The Job Siting Act thresholds have been dropped from 500 to 100. When they were at 500, there were no applicants for the Job Siting Act. The Capital Equipment Sales have been generating a lot of activity lately. The chart entitled "Financial Assistance for Industry" shows the competitive nature that we arc facing throughout the United States in recruitment of other industries. Industrial revenue bonds are being used extensively in the State of Florida, whether issued under the State Pool or in a private form. The Job Growth Incentive Grant Program tracks, from a legality standpoint, what we can do las a community. We can discuss other methods, i.e., an investment pool of funds that 19 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 can be created by the City, whether it is a taxation process or some other areas for economic development. Any incentive dollars that you target towards an industry need to be targeted and not given to every industry that walks in the door. You do not have to have a give-a-way program. The communities in Illinois are targeting Motorola. Motorola is still in a growth process and is looking at another site in the eastern part of the United States for another facility. We need to target the states that have the highest cost of production, namely, Massachusetts, Connecticut, New York, and New Jersey. Florida deals lower costs of opening a film studio to one-sixth of those in New York. Mr. Kotas said incentives can increase employment, not only the wage levels, and allows you to recruit major industries. The newspapers indicate that business growth is up 12 percent generally. He asked how long we will maintain this track of non-taxable properties or properties that are not increasing on an annualized rate of inflation, even with our residential at $23,952,388. Back in 1989 it was $20,132,525. He thinks an individual's home is his major investment today and we all want to see that increase. Mr. Kotas hoped to get into more details on these types of projects and incentives. He said there are certain focuses that we need to present with limited dollars. Vice Major Jaskiewicz referred to the chart entitled "Community Redevelopment Agency Taxable Values" and asked if this refers only to the redevelopment area or the entire City. City Manager Parker-Hill stated that this refers to the CRA only. She said Mr. Kotas' presentation was a quick overview. Mr. Kotas will be .holding a workshop with the Commission in the future on economic incentives. He will discuss where the City should go, and what sort of target industries we should be looking at. Tonight the Commission is going to be discussing two economic incentive ordinances that apply generically to the CRA and the PIDs. The major PID we have in the City is Quantum. Decreasing commercial values have been occurring in those areas, even with some of the growth that we have been experiencing. The high school decreased Quantum Park by 40 acres. As a governmental entity, they do not pay any taxes. Therefore, their taxable value was subtracted. However, that does not account for the full drop between $45 million and $29 miIlion. Therefore, Quantum Park has not been increasing the way we had hoped it would. City Manager Parker-Hill advised that two years ago, Mr. Shuttlesworth looked at Quantum for his new studio, but we were not able to get that one. In addition, while we received Motorola's new research and development office, they have been doing some other 20 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 expansions throughout the United States. We are hoping to get some more of their business here. Mr. Kotas stated that we need to develop a synergy around Motorola, target industries, and be proactive. We cannot wait until the Business Development Board or some other organization brings them to us. C. Consider changes to Land Development Regulations These changes are outlined in Department of Development Memorandum Nos. 96-063, 96-067, 96-068, 96-077, and 96-078, and Building Division Memorandum No. 96-320. City Manager Parker-Hill advised that if the Commission agrees to these changes, they will be incorporated into an ordinance for first reading at the next meeting. William Hukill, Director of Development, reviewed some of the changes which he felt were controversial. One of the changes deals with the appeal to administrative decisions. He suggested that this process be institutionalized as follows: Any administrative decision can be appealed by an aggrieved party. The appeal would go to the Director first. If not resolved there, it would go to one of two boards. With respect to the Building Codes, it would go to the Building Board of Adjustment and Appeals. The second level of appeal fo[ this grievance would be the Courts. The other administrative appeals would go to the Zoning Board of Appeals because the Planning and Development is not a quasi-judicial board; it is an advisory board. Therefore, technically, it cannot rule on an appeal. A third party appellant is required to post a bond if there is a potential for damage to the City, the builder, or the owner if work is to be stopped. If work is stopped, it may cost the builder money. This would hold the City harmless from any action that takes place. City Attorney Cherof felt the issue of the surety bond or bond of some nature to stop work might have to be fine tuned a little more. There are circumstances where the relief should be at the City because we could react very quickly to it. However, there are times when the nature of the project is of such a scope that we really do no want to get into the debate between the developer and the next door neighbor. The relief should be to the Courts for an injunction. The Courts are better geared to evaluate when an injunction should issue and to establish in conjunction with that how much of a bond should be placed. If you obtain an injunction from a Court, you have to post a bond. We do not really have a procedure that is like the Court procedure to evaluate how much that bond should be. However, there are still a variety of issues that we can address locally when a stop work 21 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 order should be issued and when it is easy for staff to make that determination that it is a clear violation of the code, such as lack of a building permit or an expired building permit. Mr. Hukill said "conceptual feedback" is being defined because what the developer thinks he will be getting when he receives conceptual approval is very different than what he will be getting. Conceptual approval is being defined as an exchange of ideas and support for a general idea, but provides no vesting of any kind whatsoever. He hoped this language is used so that it would be defined for applicants. Mr. Hukill size of a state that defined it made the changes that were suggested in the Comp Plan in 1989 or 1990. The residential parking space is not defined. The Land Development Regulations it is 9 by 18. However, a 9 by 18 parking space is not sufficient. Therefore, he as being 12 feet instead of 9 feet. In April of 1995, we stopped using performance bonds and went strictly to Letters of Credit and cash. Most of the sureties we have received since then have been either an escrow account or cash. The big ones have been Letters of Credit. There were discussions regarding why we are requiring a surety on things that we are never going to own, maintain, or have any control over. In addition, by requiring the surety, it is possible that we are implying some level of service that we are going to provide if a contractor goes belly up. Therefore, he suggested that what we have previously thought of as a surety for a planned unit development for example, would cover everything the City is ever going to own or maintain. Those things that it is not going to own or maintain would not be covered by that p~rticular surety. That leaves a couple of open ends. Therefore, we have added two kinds of restoration surety. We are requiring a restoration surety for on-site destruction based on the cost estimate provided bythe design professional. That can be put in escrow and would be handled like any other surety. The second surety that would still be required is the one for off-site restoration. That is where somebody hauls dirt off the site or on the site and tears up our roads. Therefore, on a conventional PUD, you could have three sureties. They might all be one document, one check, or one pile of cash, but they would cover restoration on-site, restoration off-site, and all of the publicly owned and/or maintained improvements on the site. A requirement that asphalt pavement be laid in two lifts instead of one has been added. In a fairly large development, the contractors normally lay the asphalt down before the units are built. If they do not have a second lift of asphalt, they tear it up with their own trucks. Then when we get to the point when we have to improve it, we get patches. Therefore, we are requiring that asphalt be put down in separate lifts, one before the units are built and one after. 22 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 City Manager Parker-Hill referred to the section on curbs and car stops. She said Mr. Hukill has taken one particular action that the Commission may have meant for the mall and instituted it City wide. Commissioner Titcomb stated that in some of the smaller lots, tire stops protect buildings and structures. He did not know whether it should be across the board or whether we should consider raised curbing in lieu of wheel stops to allow more green space at the edge of parking lots in smaller lots. Mr. Hukill felt the curb stops should be pretty much everywhere, especially in the big parking lots because that is where you have the traffic problem of cars cutting across the lots. Commissioner Bradley stated that the reason the Commission waived the requirement to put wheel stops in that particular section of the mall was because there are no wheel stops anywhere else in the mall. However, that is not to say that we should not have wheel stops in,other developments. Mayor Taylor and Vice Mayor Jaskiewicz were not in favor of wheel stops. With regard to banners, City Manager Parker-Hill advised that traditionally we have not allowed temporary banners. However, we have had numerous requests for them. Therefore, Mr. Hukill has changed the Land Development Regulations to allow temporary banners for two weeks with some size restrictions. We usually approve banners for special events. However, sometimes Code Enforcement cites new businesses for having grand opening signs. Mr. Hukill said Code Enforcement is forced to cite them. However, if limitations are in place and the people sign an agreement that they will removed them in the event of storm, the City will have control. This regulation improves the every day aCtivities of staff. Ciiy Manager Parker-Hill referred to non-conforming signs. She said about five or six years ago, the Commission adopted a date for removal of non-conforming signs, which was last year. Mr. Hukill has now put in a new date of December 31, 1999. We have to discuss with the City Attorney how to notify the people who have non-conforming signs about removal. When the original ordinance was adopted in 1990, notification was not required. Ci!y Attorney Cherof said there were some monumental changes in the law that dealt with these amortization periods. The last time we discussed this, we requested feedback from the sign industry. However, they did not respond. The case law indicates that the or~tinance that we adopted a number of years ago that first established the amortization period probably cannot be enforced the way it was written. He is not locked into the date of !1999, but it is certainly worthy of some type of all-inclusive extension of the amortization pe!iod or procedure where a specific sign owner can make application for an extension of time, assuming that they could show the proper criteria or basis for an extension. 23 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Commissioner Titcomb asked if five years is an arbitrary date. City Attorney Cherof advised that five years is a date that was pulled from Court cases that have dealt with amortization periods, and it is at the shortest level. Commissioner Bradley asked if we will receive any credit for the previous five years. City Attorney Cheref advised that if we use the proper language, it probably will be an extension of that time period. Mayor Taylor felt this needs to be highly advertised to let people know about this. City Manager Parker-Hill asked City Attorney Cherof about the legal notice requirements. Commissioner Titcomb pointed out that the sign companies can do a lot of the ground work and get involved from a nonconfrontational standpoint in getting the word out when they promote replacement of signs. Mr. Hukill referred to small satellite dishes. He said the requirements we have for the big satellite dishes do not apply to the 18" dishes. Therefore, he classified satellite dishes into two groups. The smaller dish will fit in a box and has much less onerous requirements. However, you still cannot use it for advertising purposes. Previously, it this was impossible to administer. Mr. Hukill advised that there is a quirk in the Code which allows an action to go back to the Planning and Development Board for final action after the Commission has made a recommendation on a major/minor change. However, the Planning and Development Board cannot take final action. Therefore, he reversed that order. Mr. Hukill set up a second category of plats called a boundary plat, which is a sophisticated survey. We have lowered the fee by two-thirds and shortened the time. We are trying to encourage everyone to come in with plats on all their property so that we have a better record instead of going through descriptions and going to the County Courthouse for things. It is a second level of plat approval. City Attorney Cherof advised that these changes will not come back in one comprehensive ordinance. They will be broken into several ordinances for discussion by the Commission. With regard to appealing administrative decisions, Mayor Taylor asked if the applicant will have an opportunity to come to the Commission if his request is turned down by the Board of Zoning Appeals. Mr. Hukill answered affirmatively, saying that the route is appeal, Board of Zoning Appeals, City Commission, and then the Court. City Attorney Cherof advised that we will probably streamline the hearing process so that we do not end up cohducting three quasi-judicial hearings within a two or three month time period. The 24 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 applicant, proponent or opponent, will have one opportunity to present their facts and then it will move on and not come back. D. The Marina Project Commissioner Bradley said he received several calls from residents, property owners, and interested parties in opposition to the boat storage facility. He is opposed to the boat storage facility and giving incentives to Mr. Garcia. He felt that if we were getting exactly what we wanted or dose to it, that we should open the coffers and bend over backwards. However, he as afraid that in a couple of years that structure is going to set the tone and hold back the kind of development we are looking for there. He would like to explore the possibility of assembling 20 to 30 acres and look for developers world wide to see if they would be interested in making our dream come true. However, he will not hold back the plan if that is the desire of the Commission. Marie Shepherd, 120 W. Ocean Avenue, said the property owners north of Boynton Beach Boulevard are concerned about the effect the boat barn will have on all the property. She read portions of some letters that Bailey Wilfred wrote to the Commission as follows: The Community Redevelopment Advisory Board unanimously advised the City that the five story boat storage building would be inappropriate for the redevelopment of downtown Boynton Beach. This building will wall off approximately 10 acres adjacent and to the north of the marina that should eventually be an extension of the marina development. It will depress those land values and depress existing and future growth and values of downtown Boynton Beach. The location and massive size of the proposed boat barn storage building isolates the 10 to 12 acres to the north of this proposed building. This land is so isolated now that there have been reports of the homeless residing on some of the more wooded land. Ms. Shepherd said she has had her property on the market for 20 years. She did not think she was going to be able to sell property facing the back side of a boat barn. She felt it would be much more advantageous to develop the entire 25 or 30 acres as one piece so that the same perks that are being given to the developer would be offered to those who might have a plan for the north side of Boynton Beach Boulevard. She felt we could work this out in some way to the benefit of everybody. Harvey Oyer resides at 512 N. Seacrest Boulevard and owns property from 511 to 531 E. OCean Avenue. He said most of the people who have an investment in the downtown have been stymied. He suggested that the Commission limit the boat barn to 45 feet in height 25 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 and that it be a conditional permitting for a limited time and would have to be removed at the end of a ten year period. He stated that the indecision and the drawing out of anything year after year has tremendously affected the values downtown. He felt the biggest detriment that we can have in that portion of the property is condominiums. The emotional issues of height limitations have been primarily because developers have put in condominiums, screened off the ocean, lake fronts, or Intracoastal, taken their profits, and left. When you have a retail or office type occupancy, you have somebody who is going to be an owner and manager who has to go along with the community, and you can put in public easements or right of access. He suggested that if the boat barn is eventually removed, that a hotel would have the right to be built up to 100 feet so that every prospective developer does not have to renegotiate with the city government. There is timing in real estate development. Somewhere down the line, we could have a good hotel. However, to get the ball rolling, you need to make a commitment and let developers come in under some broad parameters and not try to micro manage every investment in town. Ken Blair, 825 Ocean Inlet Drive, did not feel that the boat barn is going to be high quality. He felt we could develop this area as a high quality marina rather than a production type in and out boat storage. He was a participant in Visions 20/20 and while at that conference he heard many good ideas about developing the downtown. However, he did not hear very much about a large in and out boat storage facility. He felt it would be worthwhile to wait a little longer and consolidate some other properties to assemble something of high quality. He did not think Boynton Beach should grab at whatever they can get now because it has been waiting so long. Dan Richter, 3565 S. Lake Drive, read a petition that will be circulated for signature by the downtown property and business owners who are opposed to the erection of the proposed boat barn as the anchor of the marina development, based upon the opinion that such a structure and facility would materially depreciate the value of all properties in the area and eliminate the possibility of future productive development of adjacent properties. Mr. Richter questioned who would open a restaurant next to a boat barn, live in an apartment near a boat barn, or open an office near a boat barn. He felt Mr. Kotas should be the point man. He did not feel it is up to the individual property owners to find a developer. The City must be proactive, accumulate this property, and try to attract the Tambones, the Catalfumos, and all the developers that the City has not contacted. City Manager Parker-Hill advised that she personally spoke to Mr. Tambone, Mr~ Catalfumo, Mr. Simmons, and a few others. Mike Friedland, 330 N.E. 26th Avenue, felt property values will escalate and explode because of this. He stated that because we do not have a school, it is very difficult to 26 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 compete with communities that have schools. He did not think this will be a deterrent to the community. He felt it will bring people and excitement. He pointed out that the boat storage facility is only one building. He believed that if the Commission lays down the right contract, the restaurants and other stores will follow. Lee Wische, 1302 S.W. 18th Street, was in favor of the boat storage facility. He pointed out that in 24 years, no one has come in with a better use for the tand. No hotels have offered to come in. We have someone who is willing to start a project in an area that has been vacant as long as he has lived here. He felt we have a catalyst. Tom Warnke, 625 Lakeside Harbor, stated that a barn (the Maxon Marina) was built in a very good location near the Jupiter Inlet, and they were not able to get an anchor tenant. In addition, that property has become worth half of what it was worth 10 years ago. However, he felt the barn has to be there in order for Mr. Garcia to have any hope of making a go of it. The question is whether it can be a viable property with the barn producing only half of the income. If the barn is that far from the water and there is only or~e small canal leading to it, when they use their huge forklifts to take the boats out and put them in the water, they cannot run the forklift all the way down to the east end of the property. Therefore, all the boats are going to have to be jockeying in and out all day Saturday and Sunday. if there is room, they can put the boats on either side and then the people who manage the property could walk the boats to the lift. He would like to see a requirement that at least half the use be other types of use. The Quik Check shopping center is available. If that could be an entrance to this property, it would feed Boynton Beach Boulevard right into Boynton's water front. He requested that as the project goes forward across from the Boynton Inlet, next to the Bay Club, that the view of the water be preserved. That is the only place on U.S. 1 where you can see the Intracoastal waterway. He believes the County has plans to put hedges and plantings there that will completely obstruct that view. Ken Hall, 110 S.E. 3rd Avenue, stated that banks require a marketing survey. He suggested as part of any approval for this particular piece of property downtown, that the COmmission require an independent marketing study to justify, on an economic basis, that this four story boat storage facility will be able to be an economic productive item for the City. Commissioner Tillman felt that the original RFP that was put out in September of 1995 might have been flawed because it sought a developer. He felt we need an urban planner. He; used the phrase "fast rise, fast fall" and felt we should not be too hasty. If we are going 27 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 to do something that is going to be of high quality, we are going to have to put all the pieces of the puzzle in the proper prospective. Vice Mayor Jaskiewicz was disheartened at this entire discussion, the attitudes reflected this evening, and Mr. Wohlfarth's letters. This has been a dream and probably will continue to be a dream until we finally agree on what we want for the City. Eighteen months ago, she, Mayor Taylor, and former Commissioner Sid Rosen met for two days trying to decide where the City was going to go. When campaigning, she heard what the constituents felt the problems were, what they need, and how they wanted their representatives to address those issues. One of the five priorities that she heard the most about was downtown development. We have focused on all five agenda items over the past 18 months. Budgets have been built around them. She felt every developer has their own planner and architect and knows what is feasible. They do the market study, and they are not going to put anything that is not feasible on that property because they are in it for profit. Jack Simmons did a feasibility study and it was not marketable for a hotel. The boat storage facility is 45 feet. In order to enhance the design, a copular was added, which is 10 feet more. Everything we wanted in the project is there, including the mixed use. Mr. Garcia will not get a Certificate of Occupancy until the entire project is completed. We took what we considered to be a stagnant, deteriorating piece of property and tried to make it into something. She said two very astute business people have complimented the City on down scaling this project. They told her not to try to make Boynton Beach into Boca Raton or West Palm Beach. They liked it the way it is. They like to come down in their shorts and walk along the waterfront. We are not out to emulate anyone else, but to create a style of our own. However, if this makes everyone unhappy, we may have to wait another 10 or 20 years. Commissioner Titcomb was supportive of the City moving forward with downtown redevelopment. He said all the concerns mentioned tonight, quality, conditions, and possible future uses, can be worked in and protected as part of the process in approving a project in the downtown marina area. He referred to Mr. Oyer's comment about city government micro managing development projects and said in this ca~e, this really is an issue of private property development rights. He felt we are giving incentives and signals to a developer that we have given to every other developer in every other situation that has come along for this potential project. The slogan of our City is Gateway to the Gulfstream, and we profess to be a marine environment. Tourists come to this locality because of the ecotourism, the waterfront, the fishing and boating, the marine environment, and the beaches. This is an asset; a natural resource. It makes sense to store boats near the water. He was not convinced that a boat storage facility is necessarily the right project for this site. He would love to see some other projects; something more grand than what 28 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Mr. Garcia is proposing, but not as grand as what Mr. Simmons had proposed. Unfortunately, nobody has come forward with such a project; nobody will build a hotel. No one will bring forward the mystic seapod, tourist attraction type destination over the whole 20 acres downtown that might be a wonderful attraction to the marina environment. He felt we need to spark development downtown and was supportive of sending positive signals for the redevelopment of downtown. However, he wanted to safeguard the City and citizens by applying appropriate conditions on the project that require total footprint buildout, and nontransferability of any special conditions or variances that might be granted. He wanted to get something going and let the designers, planners, architects, and individual business entrepreneurs solve the unique problems of creating compatible development projects around this project. It was Commissioner Bradley's understanding that there is no way to have a time lapse conditional use on this building whereby the boat storage facility would have to be taken down after 5 or 10 years. City Attorney Cherof was not aware of any provision like this that has been upheld by any Court that would permit the condition to be a limited use related to time. Mayor Taylor agreed with Vice Mayor Jaskiewicz that when they ran for office, one of the major concerns of the people was to make something happen to the downtown. We campaigned on that and promised the people we would do our very best to deliver that. That was such a prominent thing that they put together a Commission that they thought would work together, form a consensus, and move forward. He reminded his new fellow Commissioners that they also campaigned on that very point-that they supported what was trying to be done by this Commission, which is to do something in downtown development. They both told the electorate that they agreed with the direction this COmmission was taking and that they would work to make that happen. Mayor Taylor felt the City has enjoyed a Commission that has worked together and tried to drive this City forward. To this point, we have lived up to those promises. He pointed out that people are afraid of change and are afraid to take a chance. He pointed out that we are talking about a $15 million project and that the boat storage facility is just one building in this project. It is not going to block the northern properties. It is going to be facing the mangrove and nature walk. The developer has agreed to do the outside of the building in a facade that matches the shops, apartments, and restaurants that are going to go into that area. The people asked for a fishing village atmosphere, and that is what we are giving them. Boats are part of a fishing village. He pointed out that we have talked about getting boats out of people's yards in Boynton Beach. He said this is not the anchor of the marina project. One or all of the three restaurants may be the anchor. 29 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 There are already two restaurants that want to locate there. With regard to a hotel, the marketing surveys showed that nobody in their right mind would put a hotel down there right now. Maybe once you create something down there you might be able to attract a hotel. Mayor Taylor said the City cannot afford to buy the properties in that area. The City is not a developer and he was not in favor of using taxpayers' money to buy land on a chance that maybe a developer might develop this. MaYor Taylor stated that he has taken out-of-town investors to the area and asked them what they could do with it. Not one of them has gotten back to him. There is nothing there right now but dirt, mud, and rocks. You have to create something. You cannot expect to hit a home run when you do not even have a bali park. Mayor Taylor pointed out that the City of Boca Raton recently raised their utility tax to the maximum 10 percent to help offset what they are losing on Mizner Park. He did not want to take our City in that direction. He did not think the boat storage facility would depress property values in that area. He pointed out that there is nothing down there right now, so the values can not go any lower. If you create some restaurants and shops, you will get the traffic and the people down there, create a waterfront environment, and property values are going to go up. We have been waiting for 30 years, and he said the voters told him that they are tired of waiting and are tired of indecision. With regard to the City doing a marketing study, Mayor Taylor said if he was an investor and was going to invest $15 million, he would do a marketing study. The City is not going to make any money off this boat storage facility. This is the developer's take back for pu~ting $15 million into the project. The former developer wanted 380 condominiums for his payback. Mr. Garcia is also interested in developing the properties outside of this area. Mayor Taylor said he made a promise to the people who put him in office and he is going to work hard to deliver and make something happen downtown. They do not want to wait anymore. They wanted a Commission that would take action. Commissioner Tillman believed in voting his conscience and his conscience says this is not right. He is in favor of quality development. Commissioner Bradley stated that a boat storage facility serves a purpose and will bring in TIF money. However, he felt it needs to be made very clear that once a boat storage facility is erected, it will be there forever. There is no way to get a time limited variance. AiSc, the owner or operator of that boat storage facility will have leases with people and it 3O MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 will be impossible to end those leases in a Court of law. He would like to direct the Economic Development Director to find out if there are any developers who would be interested in a 20 to 30 acre project. Motion Commissioner Bradley moved to have the City Commission of Boynton Beach direct the Economic Development Director to put together a brief proposal describing the properties that are available and put that out to the public development community to see if there are interested parties. Mayor Taylor did not think 20 acres are available; however, Commissioner Bradley felt they are and that with Mr. Garcia's seven acres, we will have 30. If a project is born, he believed Mr. Garcia will get on board. Commissioner Tillman seconded the motion. Commissioner Titcomb asked if this action would interfere with the current project. City Manager Parker-Hill said she spoke to Mr. Garcia's architect this morning to see what his time table was, and he said he has been directed by Mr. Garcia to try to get a site plan into the City by October 15th. If he does that, that will start the site plan approval process and at that point, we would need to negotiate the developer's agreement with him that would detail all the specifics that the Commission is asking for in terms of facade, landscaping, square footage, etc. Mayor Taylor did not feel that a City employee, who is being paid by the taxpayers, should be marketing privately owned property. Ms. Shepherd agreed that it is up to the property owners to do something. She stated that the representatives of the old Winn Dixie are interested in working together on something. She realizes that there has not been a market for her property for a long time. She said at ,one time, the City was not working with the property owners and realtors had told her that all you can find out from City Hall is what you cannot do with that property. First, thero was a moratorium. Then you could not do anything unless it fit with the City design. Her brother was going to buy her property and put something on it, but before he could get any approval from the City Commission, he died. Mayor Taylor read a portion of a letter from Mr. Wohlfarth, the realtor representing Ms. Shepherd. It stated, "The Boynton Shopping Plaza to the west and adjacent to the 31 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Shepherd/BrownANeege Trust five acres has recently been transferred into a large holding company. The shopping plaza has no interest in purchasing the Brown/Shepherd/Weege parcel." Ms. Shepherd said they might be interested in selling it, not buying it. Mr. Richter pointed out all the available property. Mayor Taylor knows those properties are available. He has walked with the developers and the people who have the money to purchase all that land. However, not a single one of them has expressed any interest. Commissioner Titcomb asked if we could support Commissioner Bradley's motion without jeopardizing Mr. Garcia's submittal and plans. City Manager Parker-Hill advised that Mr. Garcia is spending money right now developing the site plan that he intends to submit by the middle of the month. Commissioner Titcomb asked if we are tocked into an agreement with Mr. Garcia which could turn into litigation if we withdrew. City Attorney Cherof did not think we are locked into anything as of now. He did not think there is any legal impediment to exploring other alternatives. City Manager Parker-Hill added that we have not formally given Mr. Garcia any approvals. City Manager Parker-Hill pointed out that the first question someone usually asks is the price of the property. She also pointed out that this land is not on the Intracoastal. The only frontage is Mr. Garcia's and a small portion of Ms. Hall's. Commissioner Bradley pointed out that we have looked at 7 acres, not 20. Mayor Taylor stated that Mr. Simmons looked for that. Commissioner Bradley stated that Mr. Simmons would not put the money up to make the deal go through, even though we promised to give him the money back. City Manager Parker-Hill advised that every time we spoke to a developer, we have,shown them the Weege piece, the Shepherd piece, the motel, and the Winn Dixie Plaza, not just Mr. Garcia's piece. Commissioner Tillman asked what the RFP covered. City Manager Parker-Hill advised that it was only for Mr. Garcia's seven acres. Commissioner Tillman agreed with Commissioner Bradley that we have not presented a full package RFP. We presented a package for a minute part of the area we want developed. He felt if we present a large package that the response would be much different. Mayor Taylor pointed out that we do not have that package to present. Commissioner Tillman stated that if you put $900,000 worth of incentives downtown, and this project goes up, the taxpayer is going to look at downtown and ask where his money was spent. Mayor Taylor stated that they would be able to see a $15 million development. Commissioner Tillman asked what the residents would get from this. Mayor Taylor pointed 32 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 out that businesses pay the taxes. Commissioner Tillman felt we need to put together something that is more viable. He is pro development, but he felt this does not go far enough in terms of enticing or bringing in a better picture for Boynton Beach. He wanted something better than what is being proposed. Mayor Taylor pointed out that this was put on the agenda this evening as an item of discussion. He felt Commissioner Bradley's motion, which will have a major effect on the entire marina project, should be put on the agenda so that other people who may want to speak on this will be aware of it. Commissioner Bradley withdrew his motion and asked that this be placed on the October 15th agenda and that it include a report from Mr. Kotas on the possible viability of putting properties together and the possibility of selling that to a developer. He also would like some information on what parcels are available, and an opinion about the viability of a master plan. E. City Commission/Chamber of Commerce Workshop Commissioner Bradley said he spoke to Kathy Shabotynskyj today and the Chamber of Commerce was interested in making sure they met with the Commission before the end of the year. Commissioner Titcomb said the Chamber of Commerce wanted to express to the Commission the importance of meeting on a regular quarterly basis regardless of the change of officers because they feel they are cementing a very good relationship with the City. It was the consensus of the Commission to hold the workshop on Monday, November 4th at 7:00 p.m. in the Library Program Room. F. Shopper Hopper Vice Mayor Jaskiewicz informed the Commission that next Tuesday the routes will be in place for the Shopper Hopper. G. Advisory Board Appointments Commissioner Titcomb said he was contacted by the Chair of the Education Advisory Board. It seems they have a procedural problem with student appointments to that board. They have had a situation where a student member graduated high school and has gone onto college without resigning from the board. They cannot contact him for a letter of resignation and this is holding them up from replacing him. The Chair of that board wondered if we could develop a mechanism so that when a student graduates, they would 33 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 wondered if we could develop a mechanism so that when a student graduates, they would automatically be resigned from the board. Mayor Taylor suggested that they annotate their graduation date on the Talent Bank Form. That will be the date of their resignation, unless they are reappointed. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. O96-41 Re: Adopting the Budget and setting appropriations for FY 1996/97 Attorney Cherof read proposed Ordinance No. O96-41 by title only. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to approve Ordinance No. O96-41. Commissioner TiIIman seconded the motion. A roil call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 096-42 Re: Amend qualifications for student appointments to Advisory Board on Children and Youth This item was dispensed with earlier in the meeting. 3. Proposed Ordinance No. 096-43 Re: Amend Code of Ordinances to reflect current codification and set forth jurisdiction of the Code Enforcement Board Attorney Cherof read proposed Ordinance No. O96-43 by tide only. NO one in the audience wished to address this item, MOtion Commissioner Tillman moved to approve Ordinance No. 096-43. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk, The motion carried 5-0. 34 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Proposed Ordinance No. 096-44 Re: Land Use Amendment - Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No. O96-44 by title only, No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve Ordinance No. 096-44. Commissioner Bradley seconded the motion. A roil call vote was polled by the City Clerk. The motion carried 5-0, Proposed Ordinance No. 096-45 Re: Rezoning - Quantum Park PID/PCD Center Attorney Cherof read proposed Ordinance No. O96-45 by title only. No one in the audience wished to address this item, Motion Commissioner Titcomb moved to approve Ordinance No. O96-45. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 096-46 Re: Providing incentives for economic development for qualified businesses in the Community Redevelopment Area City Manager Parker-Hill requested that this ordinance and Proposed Ordinance No. O96- 47 be deleted from the agenda. She said there are too many typographical errors and items that she thinks should be changed. These ordinances will be rewritten and placed onthe next agenda for first reading. Proposed Ordinance No. 096-47 Re: Economic development in the Planned Industrial Development District (PID) This item was deleted. She discussion under X.B.1. 35 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 C. Resolutions None. D. Other 1. Monopole/communication tower moratorium City Attorney Cherof stated that the Telecommunications Act of 1996, which deals with alt forms of telecommunication, has created a tremendous amount of chaos and anxiety and questions in the community, padicularly as it impacts the City's ability to regulate things such as communication towers, dishes, cable lines, etc. There has been a developing trend amongst a number of cities to adopt a shod term 90 day moratorium, which would cut off any approval of any form of telecommunication device, tower, etc., while a number of ;cities study the impact of the FCC regulations which are still being finalized and sod out the rights of cities to charge fees, collect franchise fees, regulate, zone, etc. ail of these. He recommended the passage of an ordinance imposing a moratorium of this short nature because he thinks we will be able to sod out the impact of this act and the FCC regulations and make sure that if there are controls that we could implement that we do so, and if there are fees that we collect them, and if there are franchises that need to be handed out, that we do so in the proper, enforceable fashion. If the Commission agrees to this, this will come back for first reading at the next Commission meeting. it was the consensus of the Commission to direct the City Attorney to put such an ordinance on the next agenda for first reading. UNFINISHED BUSINESS A. City Manager's Performance Evaluation Mayor Taylor reminded the Commissioners that at the last meeting, each Commissioner agreed to have an evaluation for City Manager Parker-Hill by October 15th. He also announced that City Manager Parker-Hill has agreed to stay in her position until November 22nd instead of leaving on October 15th. Since interviews for a new City Manager will not be; held until October 19th and 20th, Mayor Taylor felt this is a big advantage to the City and appreciated her staying longer. 36 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 B. Swale Parking Vice Mayor Jaskiewicz stated that at the September Code Enforcement Board meeting, a man who was cited for violation of maintaining his swale, advised that other people park in ;his swale all the time and destroy it. Therefore, she felt the Commission's suggestion about requiring the property owner's permission to park in his swale was a good one. Mayor Taylor agreed that if you are responsible for maintaining the swale, you should be able to decide who parks there. Commissioner Bradley concurred. Mayor Taylor asked City Attorney Cherof to draft an ordinance to this effect. City Attorney Cherof advised that he already found a model ordinance that has been in effect at a city and has not been held unconstitutional yet. City Manager Parker-Hill advised that Scott Blasie, the Code Enforcement Administrator, did a survey of West Palm Beach, Boca Raton, and Riviera Beach. This information is contained in the agenda package. C. Response to Advisory Board requests Mayor Taylor stated that he wrote a letter to the Chairman of the Community Redevelopment Advisory Board and the Planning and Development Board, advising them that the Commission is aware of the comments in their minutes and will be responding to them. He asked the Commission how they feel about the Planning and Development Board's suggestion about doing away with the Community Redevelopment Advisory Board. Commissioner Titcomb was not in favor of merging these two boards. He felt we may be putting the power of a lot of decision making that affects major projects in the hands of too feW people if we did this. Commissioners Bradley and Tillman concurred. Mayor Taylor will advise the Planning and Development Board that at this time, the Commission sees no reason to discontinue the Community Redevelopment Advisory Board. He felt the Community Redevelopment Advisory Board is a good sounding board for the business associations. Mayor Taylor stated that the Community Redevelopment Advisory Board thinks that people are charged a fee to appear before them to discuss something. City Manager Parker-Hill advised that those meetings are public meetings and there is no charge to conceptually review something with them. However, certain regulations require recommendations from the Community Redevelopment Advisory Board or an appeal to that board, and those 37 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 types of situations require a fee. Mayor Taylor asked her to send a memo to the Community Redevelopment Board to this effect. Mayor Taylor stated that some of the members of the Community Redevelopment Advisory Board have brought up issues that are outside the CRA area. He asked if it is the Commission's desire that they discuss issues outside the CRA area. It was the consensus of the Commission that they should stay focused within the CRA. Mayor Taylor will advise them of that. XII. CITY MANAGER'S REPORT A. City Hall in the Mall City Manager Parker-Hill advised that the operating money got in this year's budget for the City Hall in the Mall. However, the money for the furniture and capital improvements did not. Therefore, $28,700 will be transferred from last year's Contingency Fund, leaving that fund with $259,000. Vice Mayor Jaskiewicz asked if the County is contributing anything. City Manager Parker- Hill advised that the County is contributing in kind, not in cash. They are printing the brochures and we hope they are going to print all of our bus schedules. They will also be contributing staff and volunteers to staff City Hall in the Mail. B. Referendum City Manager Parker advised that we have a referendum coming up on the 1st Tuesday in November. The City can only do informational advertising, not proactive advertising. we are preparing some flyers and some sample ads, assuming that the Commission wants staff to do some advertising. She asked the Commission how extensive they want to advertise this. She suggested two half page ads in the Boynton Times for two weeks prior to the first Tuesday in November. She also suggested putting flyers out at the City buildings and providing the members of the Commission with flyers to distribute as they see fit. Commissioner Bradley suggested advertising this in the Post as well. Mayor Taylor suggested putting a quarter page ad in the Post because some people do not read the BOynton Times. 38 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2, 1996 Commissioner Bradley said he spoke to Kathy Shabotynskyj today and she informed him that the Chamber of Commerce Economic Development Committee is going to devetop a slogan. C. Leisureville Lawsuit City Manager Parker-Hill advised that staff has been negotiating with Leisureville for the past year or year and a half over an issue about sewer connections in the Leisureville streets that are private. Their contention is that the City should maintain the sewer connections, and the City's contention is that Leisureville should maintain them. Yesterday, they filed a lawsuit. Xlll. OTHER None. XlV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 11:19 p.m. ATTEST: Recording Secretary (Six Tapes) CITY OF BOYNTON BEACH 39 = =¸ CITY CITY OF BOYNTON COMMISSION APPROVALOFBILLS OCTOBER1,1996 Iii. CONSENT AGE~DA D cc: Fin, Util, Rec BEACH AGENDA CLUB CAR ............................................ $ 32,053.50 PO 11917. Golf Cars/Equipment, Less Trade-ins Pay From GC Rev Fund -- 411-000-1-476-70, $43,125.00, 411-727-5-689-00, $2,053.50, 411-000-1-476-70, $(13,125.00) FLORIDA MUNICIPAL INSURANCE TRUST .................. $ 52,890.00 W/C, Gen Liability/Auto, Property, 1st Pymt Pay From Self Ins Fund -- 622-195-5-447-00, $19,886.50, 622-195-442-00, $33,003.50 INFORMATION ACCESS COMPANY ........................ $10,200.00 Magazine Service Network Installed/Subscription Pay From Gen Fund -- 001-711-5-661-00 MOODY'S INVESTORS' SERVICE .......................... $14,675.00 Util Rev Bond Professional Services Pay From W & S Rev Fund -- 401-000-0-560-10 SCRWTD BOARD ...................................... $149,862.31 8/96 User Charges for Trtmt/Disp of Wastewater Pay From W & S Rev Fund -- 401-353-5-490-09 SCRWTD BOARD ....................................... $66,932.09 Sink Fund/Motor Drive, Cap Pro/Alka Pro Sys, Reuse Pay From Util Gen Fund -- 403-000-0-691-22, $2,494.22 Pay From Util Cap Imp Fund -- 404-000-0-691-20, $41.30 Pay From 1990 Const Fund -- 409-000-0-691-20, $64,396.57 = 10. THERMA SEAL ......................................... $ 33.930.00 PO 12172. Pymt #1, Mangrove Elem Sch/Reroof Original Contract Change Orders Current Payment Contract Balance $ 90,000.00 0.00 33,930.00 $ 56,070.00 Pay From Public Serv Tax Cons -- 301-412-5-640-33 US ENERGY SERVICE INC ............................... $ 27,181.07 IAQ Consultation Services Pay From Public Serv Tax Cons -- 301-194-5-640-05 ULTIMATE POOLS ..................................... $ 40,408.20 PO 12601. Pymt#1, Wilson Pool Rehab, Original Contract Change Orders Current Payment Contract Balance $103,900.00 0.00 40,408.20 $ 62,591.80 WYNN & SONS ENV CONST .............................. $ 23,829.00 PO 12716. Pymts #1 & 2, Ocean Ave Sidewalk Rehab Original Contract Change Orders Current Payments Contract Balance $ 23,829.00 0.00 $ 23,829.00 0.00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIEPARKER, CITY MANAGER OCT g DEPARTMENT OF DEVELOPMENT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: APPLICANT'S AGENT: APPLICATION NO.: TRAMMELL CROW RESIDENTIAL CCL CONSULTANTS. INC. N/A DATE OF APPLICATION: SEPTEMBER 25. 1996 DATE OF HEARING BEFORE CITY COMMISSION: OCTOBER 2. 1996 TYPE OF RELIEF SOUGHT: FINAL PLAT APPROVAL. THE VININGS AT BOYNTON BEACH, PHASE II ,EGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO. - e)RAWINGS(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 staffand 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. 2. The Applicant .. 7 HAS __ HAS NOT established by substantial competent evidence a basis for the relief requested. "includedi" 4. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the notation The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. __ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. ~ All furthe} development on the property shall b~made in accordance with the terms and conditions of this order. 7. Other: iATED: City Clerk ,~¢t±ncj Depuey cib Xt ome/ Project name: ADMINISTRATIVE CONDITIONS THE VININGS AT BOYNTON BEACH PHASE II Type of Development Order (Master Plan, Site Plan or Plat) Drawing reference: FINAL PLAT APPROVAL II)m'ARIM ;NTS A. DEVELOPMENT AB BUILDING DIVISION Comments: AE ENGINEERING DIVISION Comments: 1. The Final Plat of the Vinings at Boynton Beach, Phase II can be recorded only after surety in fom~ and amount acceptable to the City Attorney is deposited with the City. 2. Pipe will be reinforced concrete (RCP) unless otherwise approved in writing by City Engineer prior to recording Plat. B. FIRE Comments: C. PARKS & RECREATION PP PARKS Comments: PF FORESTER/ENVIRONMENTALIST Comments: D. PLANNING & ZONING Comments: !E. POLICE Comments: F. PUBLIC WORKS ' Comments: G. UTILITIES: Comments: C:\WPWIN60\WPDOCS\MI SCMH\VININGII.WPD