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Agenda 03-18-03 (2)The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MARCH 18, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PARTZCIPA'rZON AT CZTY OF BOYNTON BEACH COI4~IISSZON MEETZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISS:ZON MEE'I'~NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). March 18, 2003 CITY OF BO Y ¥TOI¥ BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. T. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GiVE TI' TO THE cTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MTNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS~ COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Informational announcement for program of recognition and support for Company D (Delta Demons) of 2nd Battalion, 327TM Infantry Regiment of 101st Airborne Division, United States Army B. Community and Special Events 1. Oceanfront Concert Series - Friday, March 21, 2003 - "Island Heat" Agenda Regular City Commission Meeting Boynton Beach, Florida March :18, 2003 C. Presentations: :1. Proclamations: a. "Workplace Eye Safety Month"- March 2003 Presentation by the Palm Beach County School Readiness Coalition, Tnc. (William Moss, Chairman) Accept Annual Financial Report for Fiscal Year ended September 30, 2002 (Tab/ed on February ~8, 2003) IV. ADMZNISTRATI~E: Ao Accept letter of resignation from Dan Winters, Regular Member of the Recreation & Parks Board B. Appointments to be made: None (Advisory Board appointments will appear on the April 1~t agenda) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of February 13, 2003 Regular City Commission Meeting of February 18, 2003 City Commission Workshop of February 25, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve purchase from Lawmen's & Shooters of one small gun ultrasonic cleaning system for $547 and one long gun ultrasonic cleaning system for $4,495 (Police Department) Award bid for the "PURCHASE OF ONE NEW & UNUSED DUAL S:IDE LOADING DTESEL POWERED RECYCLING TRUCK TO :INCLUDE A TRADE :IN," Bid #089-2516-03/C.1D to PALM PETERB:ILT & GMC TRUCKS, :INC. OF FT. LAUDERDALE, FL. in the amount of $92,349.:10 Award bid for the REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY, LOCATED AT 208 S. SEACREST BLVD., BID #020-2413- Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 03/C_]D, to COMFORT TECH AIR OF HIALEAH, FLORIDA in the amount of $221,900 (Proposed Resolution No. R03-034) Award Phase II of the PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ #041-2413-02/KR to URS CORPORATION at a cost "NOT TO EXCEED" $64,500 (Proposed Reselution No. R03-035) Award "CO-OP LIQUID CHLORINE CALCIUM AND SODIUM HYPOCHLORITE" (West Palm Beach is the lead agency), BID #044-2821- 03/IA to ]ONES CHEMICALS INC. and ALLIED UNIVERSAL CORP. who were the lowest, most responsive bidders who met all specifications for an estimated annual expenditure of $79,750 (Contract period: April 1, 2003 through March 31, 2004) C. Resolutions: Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABLED 7'0 HARCH :[~ 2003) Proposed Resolution No. R03-036 Re: Approving the recommendation by South Central Regional Wastewater Treatment and Disposal Board to fund the Task Order for Hazen & Sawyer to complete design and construction services for the next phase of the plant's reuse program. Total value of this Task Order will be $88,000 divided between Boynton Beach and Delray Beach requiring each to fund $44,000 Proposed Resolution No. R03-037 Re: Authorizing release of a cash bond of $23,000 to VDS Associates, Ltd. for the project known as the Clubhouse at Villa Del Sol Proposed Resolution No. R03-038 Re: Ratifying Letter of Understanding between the City and the International Association of Firefighters Union clarifying the language in Article 30, Longevity, of the IAFF contract Proposed Resolution No. R03-039 Re: Approving Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the INCA Stormwater Management Improvements and Water Main Replacement project in the amount of $45,800 Proposed Resolution No. RO3-O40 Re: Authorizing submittal of application for Assistance under the F.I.N.D. Waterways Assistance Program Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 Proposal Resolution No. R03-041 Re: Approving the execution of Task Order #01-09 with Utilities General Engineering Consultant, Metcalf & Eddy, with a maximum upper limit of $282,559 for production well services at the western we,field Proposed Resolution No. R03-042 Re: Approving the execution of a Grant Agreement between the City of Boynton Beach and the State of Florida, Department of State, Division of Library and :information Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of $500,000 Proposed Resolution No. R03-043 Opposing the Governor's proposed Fiscal Year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 million the funds available for affordable housing 10. Proposed Resolution No. R03-044 Authorizing the execution of Change Order No. 3, Revision i in the amount of $71,373.09 for the Seacrest Estates Water Main Replacement and Swale Tmprovements Project with Megan South, :inc. 11. Proposed Resolution No. R03-045 Re: Accepting a Letter of Credit No. 637961 from Fidelity Federal Bank and Trust in the amount of $101,597.10 as surety for the installation of water and sewer improvements for the project known as Medical Arts Professional Center Ratification of Planning & Development Board Action: Motorola PTD (USAP 03-00].), Southeast corner of Gateway Boulevard and Congress Avenue - Request to approve a list of permitted uses for the 39.3-acre Mobil on the Run (SPTE 02-005) Woolbright and Congress, 2605 West Woolbright Road - Request for a site plan time extension of the site plan approval granted on ~lanuary 2, 2002 to 3anuary 2, 2004 Ratification of CRA Action: Holly Variance (ZNCV 03-001), 133 NE 4TM Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a, requiring 60' minimum lot frontage to allow a 10' variance, resulting in a 50' lot frontage for a single-family house within an R-2 zoning district; and 4 Agenda Regular City Commission Meeting Boynton Beach, Florida March :18, 2003 VI. VII. Request relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback of 10' to allow for a variance of 2.5' and a side setback of 7.5' on each side for a single-family home within the R-2 zoning district Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) Accept the written report to Commission of purchases over $10,000 for the months of January and February 2003 for informational purposes Approve the "SURPLUS EQUIPMENT LIST" as submitted by staff and allow for disposal of same Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of Boynton Seafood Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of Innovative Window Concepts LLC Authorize the allocation of $2,000 of Community Investment Funds requested by Commissioner McCray for the Boynton Beach HeadStart Program Authorize payment of $71,289.77 to FEC Railway Company for improvements made to the railroad crossings at NE 6th Avenue and SE 12t~ Street CODE COMPLIANCE & LEGAL SETrLEMENTS: None PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI-rs Project: Agent: Owner: Gateway Plaza (COUS 02-005) (TABLED BY CITY COAIMI$$IOItI TO I~IARCH 18~ 2003) H. Burton Smith, P.E. KWB Charitable Trust 5 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 Location: Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Description: Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Project: Agent: Owner: Location: Description: Schnars Business Center (ABAN 02-003) (Tabled to Harch 18, 2003) .leffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement Project: Agent: Owner: Location: Description: Beck's Towing & Recovery (LUAR 03-00) Carl A. Cascio, P.A. Custom Property Services, (Contract Pending) 410 NE 5th Avenue Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Tndustrial (]:); and Request to rezone subject property from C-4 General Commercial to M-1 Tndustrial CZTY MANAGER'S REPORT: None FUTURE AGENDA TEEMS: Review revocation of the license agreement between the City of Boynton Beach and .lordan Wrecker Service (April 1, 2003) B. Update on Heart of Boynton Project (April 1, 2003) Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, ]:nc. at a cost not to exceed $20,000 (April 1 or April 15, 2003) Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 XI. XII. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) F. FRA Whistle Ban - Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking NEW Bus'rNESS: A. Discussion of Community Redevelopment Agency LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. Comprehensive Plan Future to Mixed Use (MX)(Schnars 03-005 Re: Amending the Land Use Map from General Commercial (GC) Business Center) Proposed Ordinance No. 03-008 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac) (Coastal Bay Colony) Proposed Ordinance No. 03-009 Re: Rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Tnfill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres (Coastal Bay Colony) B. Ordinances - 1~ Reading Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and R-I-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) Proposed Ordinance No. 03-007 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton (Tabled to I~larch 18~ 2003) Proposed Ordinance No. 03-010 Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 11.O to restrict self-storage facilities to the M-1 Industrial zoning district; to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 X~ZZ. uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) C. Resolutions: Proposed Resolution No. R03-046 Re: Declaring the public necessity of acquiring three parcels of property for the purpose of acquiring right-of-way to expand Boynton Beach Boulevard and to implement the proposed Boynton Beach Boulevard Promenade and Riverwalk Project within the City of Boynton Beach D, Other: None UNF'ZNTSHED BUSZNESS: None AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAll-ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S. 7_86,0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WiTH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVlCE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT ]OYCE COSTELLO~ (561) 7z[2-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 3/17/2003 5:27 PM S:\CC\WP\CCAGENDA~GENDAS\Year 200:3\031803 final agenda.doc March 18, 2003 CITY OF BO YNTON B£A CH REGULAR CITY COMMISSION MEETING AGENDA OPENINGS: A. Call to Order - Mayor Gerald Broening B. C. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE 1T TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: II. 1. Additions, Deletions, Corrections OTHE~~--~ A. ~ems 'ty ommission III. ANNOUNCEMENTS~ COMMUNITY & SPECIAL EVENTS~, & PRESENTATIONS: A. Announcements: 1. Oceanfront Concert Series - Friday, March 21, 2003 - "Island Heat" B. Community and Special Events None C. Presentations: 1. Proclamations: a. "Workplace Eye Safety Month"- March 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 Presentation by the Palm Beach County School Readiness Coalition, Inc. (William Moss, Chairman) Accept Annual Financial Report for Fiscal Year ended September 30, 2002 (Tab/ed on February 18, 2005) 1¥. ADHINISTRATIVE: Accept letter of resignation from Dan Winters, Regular Member of the Recreation & Parks Board 13. Appointments to be made: None (Advisory 13oard appointments will appear on the Apr_il 1st ~nda) "Consent Agenda~ approval)of thp ~iontindica~m, with all of the accompanying material to become a ~~u~cord and subject to staff comments. A. Ninutes: Agenda Preview Conference of February 13, 2003 Regular City Commission Meeting of February 18, 2003 City Commission Workshop of February 25, 2003 3. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve purchase from Lawmen's & Shooters of one small gun ultrasonic cleaning system for $547 and one long gun ultrasonic cleaning system for $4,495 (Police Department) Award bid for the "PURCHASE OF ONE NEW & UNUSED DUAL SIDE LOADING DIESEL POWERED RECYCLING TRUCK TO INCLUDE A TRADE IN," Bid #089-2516-03/C.1D to PALIVl PETERBILT & GMC TRUCKS, INC. OF FT. LAUDERDALE, FL. in the amount of $92,349.10 Award bid for the REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY, LOCATED AT 208 S. SEACREST BLVD., BID #020-2413- 03/C_JD, to COMFORT TECH AIR OF HIALEAH, FLORTDA in the amount of $221,900 (Proposed Resolution No. R03- ) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida March :L8, 2003 Award Phase II of the PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ #041-2413-02/KR to URS CORPORATION at a cost "NOT TO EXCEED" $64,500 (Proposed Resolution No. R03- ) Award "CO-OP LIQUID CHLORINE CALCIUM AND SODIUM HYPOCHLORITE' (West Palm Beach is the lead agency), BID #044-2821- 03/IA to JONES CHEMICALS INC. and ALLIED UNIVERSAL CORP. who were the lowest, most responsive bidders who met all specifications for an estimated annual expenditure of $79,750 (Contract period: April 1, 2003 through March 31, 2004) C. Resolutions: 1. Proposed Resolution No. R03-0:17 Re: Prohibiting any match or program of matches of professional boxing,~kick~:~4ing, or mixed martial arts within the jurisdictional bound~rbe~Ci~,4~'/._mD 7'0 II,'IARCH .~8~ 2003) [ ~comCendJati~)n bY( Sou L~,_~gl::~l'lqeg~onal Wastewater Treatment and ] ~al/Bbar(Lt. o4~nd the Task Order for Hazen & Sawyer to complete L~der, i~-~and construction services for the next phase of the plant's reuse program. Total value of this Task Order will be $88,000 divided between Boynton Beach and Delray Beach requiring each to fund $44,000 Proposed Resolution No. R03- Re: Authorizing release of a cash bond of $23,000 to VDS Associates, Ltd. for the project known as the Clubhouse at Villa Del Sol Proposed Resolution No. R03- Re: Ratifying Letter of Understanding between the City and the International Association of Firefighters Union clarifying the language in Article 30, Longevity, of the IAFF contract Proposed Resolution No. R03- Re: Approving Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the INCA Stormwater Management Improvements and Water Main Replacement project in the amount of $45,800 Proposed Resolution No. R03- Re: Authorizing submittal of application for Assistance under the F.I.N.D. Waterways Assistance Program 3 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 Proposal Resolution No. R03- Re: Approving the execution of Task Order #01-09 with Utilities General Engineering Consultant, Metcalf & Eddy, with a maximum upper limit of $282,559 for production well services at the western wellfield Proposed Resolution No. R03- Re: Approving the execution of a Grant Agreement between the City of Boynton Beach and the State of Florida, Department of State, Division of Library and [nformation Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of $500,000 9. Proposed Resolution No. R03- Opposing the Governor's proposed Fiscal Year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 r~ion the funds available for affordable housing ~/~~I~' ~ 10. Proposed ResolutJo~:~l~l~ L~Aut~orizi~xecution of ~er[l~._ _~e~!n. t!~ ~3ou~t of $71,373.09 for the I ~;eacr~st E~ta~:es Water ai~ement and Swale [mprovements [~~~ M~:J~South, Inc. 11. Proposed Resolution No. R03- Re: Accepting Amended Letter of Credit No. 637961 from Fidelity Federal Bank and Trust in the amount of $101,597.10 as surety for the installation of water and sewer improvements for the project known as Medical Arts Professional Center D. Ratification of Planning & Development Board Action: Motorola P:ID (USAP 03-001), Southeast corner of Gateway Boulevard and Congress Avenue - Request to approve a list of permitted uses for the 39.3-acre PTD Mobil on the Run (SPTE 02-005) Woolbright and Congress, 2605 West Woolbright Road - Request for a site plan time extension of the site plan approval granted on 3anuary 2, 2002 to .]anuary 2 2004 E. Ratification of CRA Action: Holly Variance (ZNCV 03-001) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a, requiring 60' minimum lot frontage to allow a 10' variance, resulting in a 50' lot frontage for a single-family house within an R-2 zoning district; and Request relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback of 10' to allow for a variance of 2.5' and a side setback of 7.5' on each side for a single-family home within the R-2 zoning district 4 Agenda Regular City Commission Meeting Boynton Beach~ Florida March :L8, 2003 '1 ]' Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) Approve a donation of $3,000 to the Boy Scouts of America from the forfeiture fund Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $20,000 Accept the written report to Commission of purchases over $10,000 for the months of January and February 2003 for informational purposes Approve the "SURPLUS EQUIPMENT LIST" as sub~r~~d allow for disposal of same ~ r~ ~1 Lq I Au~a~il~e~r ~.e_.~o~iate[a~ct with the #1-ranked ar~hitec~/eng~eeri~g Iconspltant~ Schultz Architects, Inc. of West Palm Ba~, FL~,/to ~_ov~e architectural/engineering services for the Library Ex a n~o~j~Re~odel Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of Boynton Seafood Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of Innovative Window Concepts LLC Approve the allocation of $3,000 of Community Investment Funds requested by Commissioner McCray as follows: $1,000 to Nesei Goju Ryu Karate of Boynton Beach and $2,000 to Boynton Beach HeadStart Program VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS 5 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 VIII. IX. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) ('TABLED BY C]7'Y COMMISS~rOIV TO MARCH 18~ 2005) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Project: Schnars Business Center (ABAN 02-003) (Tab/ed to March :[8~ 2005) Agent: Jeffrey T. Schnars, Schnars Engineer~.~ L~ Owner: Ruth T. Dolly r Location: 924 North Federal H~ De~gc-r~Jo~-'lk~e~~f thee 2 -f~Jt alley yl"'l-~ng between Lot I ] 20. n.dI Lot (21 t ou 4, Lake Addition to Boynton, I ~~~r~h~cement with a utility easement Prbj'e'~: Beck's Towing & Recovery (LUAR 03-00) Agent: Carl A. Cascio, PA Owner: Custom Property Services, Inc. (Contract Pending) Location: 410 NE 5th Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone subject property from C-4 General Commercial to M-1 Industrial CITY MANAGER'S REPORT: FUTURE AGENDA ITEMS: A. Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) B. Workshop regarding Cemetery options (Summer 2003) C. Proposal by Cemetery Board to expand cemetery west into Little League Park 6 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) ~. N~E FRA Whistle Ban - Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking W BUSZNESS: A. Discussion of Community Redevelopment Agency XII. LEGAL: Ordinances - 2® Reading - PUBL]:C HEAR]:NG 1. Proposed Ordinance No. 03-005 ~..~A~ the Comprehensive Plan Future Land Use Map4rom .G~tr~efal Cc~mmercial (GC) to Mixed Use (MX)(Sch~r~~) I L F 2./ I~rop~sed ~Dr~ina~/ce N . 00..~.~ Re: Amending the ~eh~'siv~A_PJafl Future Land Use Map from Local Retail Commercial ~al High Density Residential (20 du/ac) (Coastal Bay Colony) Proposed Ordinance No. 03-009 Re: Rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to :[nfill Planned Unit Development (:[PUD) for 65 fee-simple townhouse units on 4.34 acres (Coastal Bay Colony) B. Ordinances- 1St Reading Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and R-i-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) Proposed Ordinance No. 03-007 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton (Tabled to I~lar~h 18, 2005) Proposed Ordinance No. 03- Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 11.O to restrict self-storage facilities to the M-1 :[ndustrial zoning district; to amend the supplement regulations governing SELF SERV]:CE STORAGE FAC:[L1T~ES (M:[N:[-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage 7 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) 8 Agenda Regular City Commission Meeting Boynton Beach, Florida March :18, 2003 C. Resolutions: D. Other: Proposed Resolution No. R03- Re: Declaring the public necessity of acquiring three parcels of property for the purpose of acquiring right-of-way to expand the Boynton Beach Boulevard Promenade and Riverwalk Project within the City of Boynton Beach XIII. XIV. UNFINISHED BUSINESS: ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'FFER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F,S. 286,0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT ]OYCE COSTELLO~ (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST, REVISED DRAFT AGENDA 3/10/2003 11:16 AM S: \CC\WP\CCAGEN DA\AGEN DAS\Year 2003\031803.doc IMP Prainito, Janet From: Sent: To: Subject: Costello, Joyce Monday, March 10, 2003 8:39 AM Prainito, Janet FW: Agenda for 3/18 ..... Original Message ..... From: Costello, Joyce Sent: Monday, March 10, 2003 8:38 AM To: Hawkins, Wilfred; Glinski, Bonnie; Gage, Marshall; Livergood, Jeffrey; Bingham, William; Lamanna, Rosemarie Subject: FW: Agenda for 3/18 Please note items for your attention. ..... Original Message ..... From: Kurt Bressner [mailto:bressner~earthlink.net] Sent: Sunday, March 09, 2003 4:39 PM To: Costello, Joyce Cc: Bressner, Kurt Subject: Agenda for 3/18 Joyce, Please relay to parties as noted below: City Commisison Agenda Review for 3/18/03 III C: Presentations 1 a. Drinking Water Week This item needs to be held to the 4/15 agenda -- Bonnie Consent Agenda ~.~ C8. Agenda Cover Sheet needs to be re-done to include the option of not going forward with the project at this time. The option needs to elaborate on the local funding options for the City. (Library Grant) Wilfred F. Parcels purchase for four parcels of land Storm water facilities there are color copies in the packets. Make sure there are enough for Commission and CM for their books. Bonnie. · G. Approve Donation of $3,000 to Boy Scouts Agenda cover sheet nee revised to include option to decline donation to the Boy Scouts. This is in light of past stance this organization has taken. Marshall Gage. H. Authorize Payment of $71,289 to FEC for work on SE 12th and NE 6th. ~ Funds proposed for use are from Wayfinding sign project which I understand is underway. Hold to next agenda until this is sorted out. Diane R. and Jef ~L. , .... . , · -~ _ * - , * *,.~ ., . ~I. Fire Assessment Scope of~Services Packet needs a summary of workj/ I completed on Fire Assessment. Bill B. ~ L. Authorize Library Director to negotiate architect services hold this until 4/1/03. May be a moot point if Commission does not authorize the grant in C8. Wilfred. '~'[ 0. $1,000 of Comm~esei Goju Ryu Karate · I signed but Lega P. (New) Commission Discretionary Funds for Bus to HS Regional and Final Game Pending -- K~rt XI: New Business Changed title to: 3Discussion of Community Redeveloment Agency.2 I will discuss with Mayor on Tuesday morning.- February 4, 2002 CITY OF BO Y. NTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A. Call to Order- Mayor Gerald Broeningr,,,-/ B. Invocation- Moment of Silent Pr,~a~er I r~ I I C. Pledge of Allegiance to the Fla~ let~l b~ C~issi~n~r Weiland ~/~/~ I I + FZLLOUTTHE A ~~: ~::: - ,, ,, · G~E ~ TO TH ) BEFORE THE OPENINGS POR~ON OF TH~~:~~N CO~PL~ED · CO~E TO THE P~~~ THE ~AYOR CALLS YOUR NA~E INDIVIDUALS ~AY SPEAK FOR THREE UNINTERRUPTED ~INUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: TNDZVIDUAL SPEAKERS WI'LL BE LTMTrED TO 3-MI'NUTE PRESENTATZONS II. III. IV. OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: A. Accept letter of resignation from Marva Collins, Regular Member of the Library Board B. Accept resignation from Harold Blanchette, Alternate Member of the Cemetery Board C. Appointments to be made: Agenda Regular Cib/Commission Meeting Boynton Beach, Florida February 4, 2003 Appointment To Be Made Board Length of Term Expiration Date IV McKoy IV McKoy III Ferguson III Ferguson Mayor Broening I Weiland I Weiland III Ferguson Mayor Broening III Ferguson V, Advisory Bd on Children & Youth Reg 2 yr term to 4/03 Bldg. Bd of Adj & Appeals Alt Cemetery Board ~ EOucation~ ' .~_oar~. A \ ~eation & ParM Board 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 2 yr term to 4/04 2 yr term to 4/04 3 yr term to 4/05 ! yr term to 4/03 1 yr term to 4/03 ANNOUNCEMENTS, COMMUNITY & SPECL~I~L EVENTS, & PRESENTA'I'/ONS: A. Announcements: None B. Community and Special Events Tabled (2) Tabled (2) Tabled (2) Tabled (3) Tabled (3) Tabled (2) VT. C. Presentations: 1. Proclamations: a. "Library Appreciation Month" - February 2003 PUBLTC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (TABLED BY PLAN, Al[N(; & DEVELOPHEIVT BOARD ON 3ANUAR Y 26 2003 A T RE(~UEST OF APPL.~CAJVT) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PTD) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel 2 Agenda Regular City Commission Meeting Boynton Beach, Florida February 4, 2003 VZT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject t~ st~.mments. A. Minutes: 1. Agenda Preview Confe ~ o 003 2. Regular Ci~'~issl ~M~etlngrx)f'~anu~ 21,2003 Bids an~ ~ ~ ~rl.tl/a~ ~;~ Approval- All expenditures are approv ~ get 1. ~ ~r~ ~ bid ~'RE-BJD SUPPLY/~NSTALL ONE VER~CAL TURBINE ~ ~J EE~EED PAE-FAB~ICATED PU~P STA~ON," Bid ~023-2910- ~ ~ to SULLIVAN ELE~R[C AND PUHPS, ~NC. of Lake WoRh, Florida, in the amount of $8~,~13 (Pro~ Resolution No. RO~- ) Award the bid for "PURCHASE OF 1 NEW & UNUSED FRONT LOADING SOLID WASTE COMPACTION UNIT, MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS," Bid #015-2516-03/C3D to FREIGHTLINER TRUCKS OF SOUTH FLORIDA, in the amount of $131,000 Approve BIRDIE GOLF BALL COMPANY to RETRIEVE GOLF BALLS FROM THE NINE LAKES AT THE LINKS OF BOYNTON BEACH GOLF COURSE in consideration of $3,000 annually paid to the Golf Course (Proposed Resolution No, R03- ) ,, Award the bid for "CO-OP CHEMICALS AND FERTILIZER," Bid #033-1411- 03/CJD to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications, with an anticipated expenditure of $126,215 Approve and accept proposal from BAE Systems ADR Inc. furnishing digital ortho photography, based upon Iow altitude photography, for the City and the Utilities Service Area, by piggy-backing Palm Beach County Contract No. R2001-1523, dated September ll, 2001, for a total project cost of $66,915 C. Resolutions: Proposed Resolution No. RO3-O:!.7 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABL£D ON .IANUAR Y 2.~,, 2003)) Agenda Regular City Commission Meeting Boynton Beach, Florida February 4, 2003 Proposed Resolution No. R03- Re: Authorizing full release of the remaining surety for the water system improvements for the project known as High Ridge Properties, in the amount of $921.45 Proposed Resolution No. R03- ~,e~: Authorizing the purchase of 4 parcels of land fro~mr,Nf~hola~ J. Rostanzo in order to construct a series of retention rl;;~?~d~ed with the NE 7th to NE 10th Avenue Stormwater Im~ff~en~ojec~ :I Proposed~Jl~so~'li~tio~ ~10~, Rp3~,,~' I IRe: Ratification of South Cent,~r,~R~gi~;ml~! /VV~st~al;,e~ 'l]reatmerl~ Disposal Board action of I I. _A~tlh.°~i:~Uc~l~e_nter into contract with B. G. Katz Companies I I J L dc! ai ? ted March 1, 2OO3, for the sum of $900 per month ~ ~"/for qe~vn services for the length of contract in the north area and L, j an additional sum of $650 per month for the length of the contract in the south area for a total of $1,550 per month. Contract will be in effect for one year but may be extended for an additional (2) one year terms. Authorization to enter into contract with Aarow Building & Maintenance, dated March 1, 2003, for the sum of $350 per month for janitorial services. Contract will be in effect for one year but may be extended for an additional (2) one year terms. Authorization to expend $4,500 on an emergency basis from Repair & Replacement funds for repairs done by Chaz Equipment Co., Inc. on the 16" reuse line on Lawrence & Woolbright Road Authorization to expend $4,000 from Repair & Replacement funds to inject hydro active seal foam into various leaking tanks Proposed Resolution No. R03- Re: Authorizing the release of a cash bond of $2,200 to Leighton McGinn for the project known as Tru Green Chemlawn Proposed Resolution No. R03- Re: Approval of Task Order No. 7 with Hartman and Associates, Tnc. (HAI) for Poinciana Heights Water Main ]:mprovement Project in the amount of $63,100 Proposed Resolution No. RD3- Re: Approval of Amendment #1 to contract #002-2413-03/C,_1D, construction of NE 19th Avenue Sanitary Sewer Main and Water Main Replacement to Chaz Equipment Company, Inc. to include additional construction services for the Poinciana Heights Water Main Improvement Project in the amount of 4 Agenda Regular City Commission Meeting Boynton Beach, Florida February 4, 2003 $550,355.55 with a 90-day extension; and approval of a 10% contingency fund of $55,035.55, for a total funding limit of $605,391.10 Do 8. Proposed Resolution No. R03- Re: Accepting a Grant of Easement from G.A. Homes, Tncorporated to the City of Boynton Beach relating to Bamboo Lane ~ Ratification of Planning IA Developmenr~'r~[~: 1. Bethesda Hospital I ici n:lpi kin l -//(]NWSP 02-011) (Revised), 27o0 Bloc 4th/S t t °rlnew site plan approval for a 32,0,g,~xsq~arle~o~t,/oV~ I~v~l ~arking ~la~age in a Public Usage (PU) 2. ~ ~tu_ .t)nlP-i~r~~ivers, North of Gateway Boulevard/West of ~i ~.i~4 P~a _~ant_um. Park Lots 83-88)-Request for Waivers fora I~!; ~t~r~it~lan in a mixed use pod within an approved PID to include: ~ ;~'~and Development Regulations Chapter 2, Section 7.H.17 - Requesting waiver of 28 feet to allow a reduction of the peripheral buffer from 40 feet to 12 feet where adjacent to residential zoning (along the western boundary of Quantum Park Lots 83 and 87); and (2) Land Development Regulations Chapter 2, Section 7.H.15 - Requesting waiver of 17 feet to allow a reduction in the minimum distance between buildings from 25 feet to 8 feet Quantum Park Lot 89-B - Waivers, North of Gateway Boulevard/West of High Ridge Road (Quantum Park Lot 89-B) - Request for Waiver for a Master Site Plan in a mixed use pod within an approved PID to include: (1) Land Development Regulations Chapter 2, Section 7.H.17 - Requesting waiver of 15 feet to allow a reduction in the peripheral buffer from 25 feet to 10 feet with a wall along the northern property line Calvary Chapel (SPTE 02-003), 3190 Hypoluxo Road - Request for a one-year time extension of the site plan approval granted on December 4, 2001 to December 4, 2003 Motorola PTD (MPMD O2-OO4), 1500 W. Gateway Boulevard - Request for master plan modification to decrease the size of the Motorola PID Master Plan boundary in conjunction with the conversion of the undeveloped portion for commercial and residential uses Survivors Charter School (USAP 02-003), 1325 Gateway Boulevard (Quantum Park Lots 18 IA 19) - Request for use approval for a "Charter High School" on Lots 18 and 19 in the Quantum Park Planned Industrial Development (PID) Agenda Regular City Commission Meeting Boynton Beach, Florida February 4, 2003 7. Survivors Charter School (NWSP 02-020), 1325 Gateway Boulevard (Lots 18 & 19 Quantum Park PID) - Request for site plan approval for a two-story, 33,124-square foot building to be used as a Charter High School, and a one-story, 186,286-square foot office/warehouse building on 5.60 acres 8. Arbolata Townhomes (SBMP 02-~ ~theast corner of Congress and SW 35th Avenue~/l~J~gp.~ 'for Subdivision Master Plan Avenue approval for a 172 unit,~:~Jlti-fjalTjit~_resicJe :iai development on a 16.087- acre parcel in a proposJed-I~UDJzo~'~ dis~ Approve ,~.,~u~nJl::U~ J~ownhomes Record Plat, conditioned on the approval being th ~rl~ca%~O'n of the plat documents by Dave Kelley (City Engineer and Surveyo J~,fapper) and 3eft Livergood (Director of Public Works) Approve the "SURPLUS VEHICLESJEQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Approve Special Event Permit for The Community Tent Revival Event to be held from February 24-March 1, 2003, subject to tent inspection by City officials Approve the Kensington Place Record Plat subject to the signature and seal by the City Engineer Approve Funding for "Peacemakers," After School Activities and Case Management program by the Boynton Beach Faith Based Community Development Corporation in cooperation with the City, Poinciana and Galaxy Schools for $17,137. K. Report on Amendment to Order of Business at City Commission Meetings VIII. CITY MANAGER'S REPORT: None DC. FUTURE AGENDA 1TEMS: A. Report on 2002 Holiday Parade participants' findings (February 18, 2003) Review revocation of the license agreement between the City of Boynton Beach and 3ordan Wrecker Service (April 1, 2003) C. Discussion regarding Cemetery Board 6 Agenda Regular City Commission Meeting Boynton Beach, Florida February 4, 2003 XI. XII. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, :[nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. RO:3-...) E. FRA Administration Delay in Rulemaking F. Ordinance on first reading rester Environmental Review and as~od~l or the Environmen~w/~ DEVELOPME S NEW BUSINE~ ~ None Whistle Ban Report (TBA) - Delaye~l~lue to Federal Railway I~n~ '~ece~t~ter 2, Zoning, Section 11.3. Environmental Review Permit LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-001 Re: Rezoning from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD) for 18 single family detached zero lot line homes (Hawks Landing) B. Ordinances- 1~t Reading Proposed Ordinance No. 03- Re: Amending Chapter 2 Administration, Article :[V, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property Proposed Ordinance No. 03- Re: Right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue Proposed Ordinance No. 03- Re: Amending Chapter 2, "Administration" Article 1, Section 2-1 to incorporate a revised City Organizational Chart, effective January 1, 2003 C. Resolutions: None Agenda Regular City Commission Meeting Boynton Beach, Florida February 4, 2003 D. Other: None XTTT. UNFTNTSHED BUSTNESS: A. Limited Access Self-Storage (CDRV 02-~ Development Regulations Chapter 2~ n~ 11.O to restrict self-storage fac~ies amend the supplemental r~gut~tio~ns[~J~verr~iti~l FACILZ'F~ES (MI O~E~ ~o r~-/n~ ov~ ~ii Office/P~a c/~l~ni~t dlitrict~ ,iscuss amending the Land ,s 6(a), 6(b), 6(c), 6(d) and lustrial zoning district; and to SELF SERVICE STORAGE references to the C-1 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAn'ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORI'UNi-rY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACllVITY CONDUCTED BY THE C1TY. PLEASE CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CI-TY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg DRAFT AGENDA 1/30/2003 9:20 AM S:\CC\W P\OOAG EN DA'~AG ENDAS\YEAR 2003\020403.DOC 8 City of Boynton Beach City Commission Workshop West Wing Conference Room "C" on February 4, 2003 @ 5:00 p.m. AGENDA Agenda Item: Introductions 2. 3. am Workshop to discuss Zoning Code changes Sm Project Overview Purpose of the Meeting - To determine the issues and concerns related to the existing zoning code as related to redevelopment, the development approval process and the organization of the code Identification of Issues and Concerns at bm em Summary What are the issues and concerns with the current code? Are there limitations and constraints that create hurdles to the development approval process? What are the issues and concerns regarding the Code structure/format? Is the code effective in realizing the City's goals? Any other issues or suggestions? NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILFFY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. S:\CC\WP\CCAGENDA~,GENDAS\Year 2003\02-04-03 CC Workshop Agenda.rtf The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA FEBRUARY 18, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PART~CIPA'I'~ON AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). February 18, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Father Mark Szanyi, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner McCray IF YOU WISH TO ADDRESS THE COPlHISSION: · FILL OUT THE APPROPRIATE RE(~UEST FORt4 · GIVE TI' TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COPlPLETED · CO~IE TO THE PODTUI~I WHEN THE PlAYOR CALLS YOUR NAt4E INDIVIDUALS t-lAY SPEAK FOR THREE UNINTERRUPTED t4INUTES. II. E. Agenda Approval: III. 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMlUlUNITY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: 1. Notice of cancellation of March 4th City Commission Meeting B. Community and Special Events Presentations: 1. Proclamations: a. "Community Caring Center of Boynton Beach Week" Agenda Regular City Commission Meeting Boynton Beach, Florida February 18, 200:3 Recognize and present a certificate to Greater St. Paul A.M.E. Church volunteers for their community clean up 3. Accept Annual Financial Report for Fiscal Year ended September 30, 2002 ZV. ADMTN'rSTRATZVE: Accept letter of resignation from Irene Latour, Regular Member of Education Advisory Board B. Appointments to be made: None (Advisory Board appointments will appear on the April 1~ agenda) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of February 3, 2003 City Commission Workshop of February 4,2003 Regular City Commission Meeting of February 4, 2003 Bo Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the "KALWALL SKYLIGHT SYSTEM REPAIRS TO COMMISSION CHAMBERS AND POI[CE STATION WlTHIN THE C1TY HALL COMPLEX," Bid #022-2511-03/KR, to Specified Architectural Systems, Inc. of Sarasota, Florida, in the amount of $22,865 (Proposed Resolution No, RO3-O27) Approve the purchase from More Direct of 26 laptop computers and related equipment through State Contract, in the amount of $50,620, for the Police Department Approve the GIS Implementation FY 2002/2003 Phase 3 Tasks to Geographic Technologies Group, Inc. (RFP#040-1510-01/C_JD) in the amount of $86,000 (New RFP#029-1510-03/C.1D) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida February 18, 2003 C. Resolutions: Proposed Resolution No. R03-028 Re: Approval of an Agreement for Water Service Outside the City Limits with Chester A. Damon as owner for the property located at 1084 3ames Road, Lantana, Florida Proposed Resolution No. R03-029 Authorizing an amnesty period for unlicensed businesses to obtain Occupational Licenses and pay taxes due in arrears with relief from additional penalties 3. Intentionally left blank Proposed Resolution No. R03-030 Re: Accepting Letter of Credit No. 3053264 from Bank of America in the amount of $549,093.05 as surety for the installation of water and sewer improvements for the project known as Dahlgren P.U.D. Proposed Resolution No. R03-031 Re: Reduction in surety requirement for the project known as Quantum Park Lots 59-61, from the current amount of $279,734.77, down to $14,000 Proposed Resolution No. R03-032 Re: Ratification of the action of the SCRWTD Board to approve amending Section 3 of Annex [ as the Fourth Amendment to the [nterlocal Agreement between the City of Boynton Beach and the City of Delray Beach that established the South Central Regional Wastewater Treatment and Disposal Board Ratification of Planning & Development Board Action: None Ratification of CRA Action: Buchanan Varianc~ (ZNCV 02-017), 807 Ocean Inlet Drive (Coquina Cove) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25-foot front yard setback to allow a 6-foot variance, resulting in a 19- foot front yard setback within the R-l-AA single family zoning district; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of 35% to allow a 2% increase, resulting in a 37% maximum lot coverage within the R-l-AA single family zoning district Schnars Business Center (NWSP 02-024), 924 North Federal Highway - Request for new site plan approval for an 8,754-square foot office/retail building on 0.52 acres in a proposed MU zoning district Agenda Regular City Commission MeeUng Boynton Beach, Florida February 18, 2003 VI. VII. Coastal Bay Colony (NWSP 02-026), 2421 & 2505 South Federal Highway; 504, 510, 514 & 520 SE 23rd Avenue - Request for new site plan approval for 65 fee-simple townhouse units on 4.34 acres in a proposed ]:PUD district Southern Homes Temp Trailer (NWSP 02-027), North Federal Highway and Chukker Road (Lots 62 and 63 of "Trade Wind Estates'~ - Request for new site plan approval for a 3,200-square foot temporary construction/office trailer on 2.26 acres in a C-2 zoning district Approve petition from Robert K. Carter, Jr., representing At Your Service taxi- limousine business, for a Certificate of Public Convenience and Necessity per Code of Ordinances, Chapter 24, Section 24-3 Authorize the Utilities Department to turn over $166,687.46 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Allocation of $1,500 of Commission Community Investment Funds (Commissioner McKoy) for the 2003 HeritageFest Program - Parade Committee Reaffirm Adoption of D Company, 2nd Battalion, 327th Infantry, 1~t Brigade, 101~t ABN (Air Assault) Division (Proposed Resolution No. R03-033) CODE COMPLIANCE & LEGAL SETFLEMENTS: Authorize a mediated settlement with Diane Murray, Plaintiff, in the amount of $10,750 (Original demand was $30,000) PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMI'rED TO 3-MINUTE PRESENTA'rZONS VIII. PUBLIC HEARING: A. Project: Agent: Owner: Location: Description: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Gateway Plaza (COUS 02-005) ('TABLED BY C.~'Y COAfI¥.~$$.~'O/V TO/~IARCH .Z~ 2003,) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PTD) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Agenda Regular City Commission Meeting Boynton Beach, Florida February 18, 2003 Project: Agent: Owner: Location: Description: Schnars Business Center (ABAN 02-003) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement Project: Agent: Owner: Location: Description: Schnars Business Center (LUAR 02-013) .leffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX); and Request to rezone the subject property from C-4 Community Commercial and R-I-A Single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres Project: Agent: Owner: Location: Description: Coastal Bay Colony (LUAR 02-O14) Carlos Ballbe, Keith & Ballbe, Tnc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 SE 23rd Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Community Commercial to Tnfill Planned Unit Development (TPUD) for 65 fee-simple townhouse units on 4.34 acres :IX. CTI'Y MANAGER'S REPORT: A. Report on 2002 Holiday Parade participants' findings B. Appointment of Taskforce on Adaptive Re-Use of Old High School X. FUTURE AGENDA I'TEMS: Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABL£D TO I~fAR¢I-I ~18,, 2005) Discussion of Community Redevelopment Agency organization and management (March 18, 2003) Agenda Regular City Commission Meeting Boynton Beach~ Florida February 18, 2003 Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) D. Workshop regarding Cemetery options (Summer 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $7,500 (:Proposed Resolution No. R03-...) FRA Whistle Ban Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking X:[. NEW BUSZNESS: A. Discussion of City inventory process XII, LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEARTNG Proposed Ordinance No. 03-002 Re: Amending Chapter 2 Administration, Article TV, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property Proposed Ordinance No. 03-003 Re: Right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue Proposed Ordinance No. 03-004 Re: Amending Chapter 2, "Administration" Article :1, Section 2-1 to incorporate a revised City Organizational Chart, effective January :1, 2003 B. Ordinances- :L~t Reading Proposed Ordinance No. 03-005 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Nixed Use (MX)(Schnars Business Center) Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and R-i-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) Proposed Ordinance No. 03-007 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton 6 Agenda Regular City Commission Meeting Boynton Beach, Florida February 18, 2003 Proposed Ordinance No. 03-008 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac) (Coastal Bay Colony) Proposed Ordinance No. 03-009 Re: Rezoning from Co2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (TPUD) for 65 fee-simple townhouse units on 4.34 acres (Coastal Bay Colony) C. Resolutions: None D. Other: Consider Developer's request to enter into a Stipulation and Agreed Court Order which would authorize the City Commission to review the development application which was denied by the Planning & Development Board XZTT. UNFTNTSHED BUSTNESS: None X~V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlq'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOP, SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFYFS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 3OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT'~/ITY IN ORDER FOR THE C!rTy TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 2/14/2003 1:07 PM S:\CC\WP\CCAGENDA\AGENDAS\Year 2003\021803 final agenda.doc CITY OF BOYNTON BEAC ZZI.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a AGENDA ITEM REQUEST FO vl Requested City Commission Meeting Dates ] December 3,2002 [] December 17, 2002 [] January 7, 2003 ] Januao' 21,2003 Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates ] February 4, 2003 ] February 18, 2003 [] March 4, 2003 [] March 18,. 2003 Date Final Form Must be Yumed in to City Clerk's Office JanuaD' 21,2003 (Noon) February 3, 2003 .(Noon) February 18, 2003 (Noon) March 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids r ~ Announcement [] City Manager's Report RECOMMENDATION: Present proclamation [] Development Plans [] New Business [] Legal [] Unfinished Business Presentation EXPLANATION: The Community Caring Center has requested a proclamation declaring Feb. 16-22, 2003, aZ Comm .mfi..'ty Caring Center Week. The CCC was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistar/c~ to those within the greater Boynton Beach area who are in need of food, shelter and other services. PROGI~A3I IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present proclamation ~7t Departrgnent I~d's Signature sSignature Public Affairs Department Name S:',BULLETIN',FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human ~urces S\° WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting the hungry and the needy of our community since September 1987, alleviating the suffering of single mothers, the unemployed, transients, and others who find themselves on the margin of society; and WHEREAS, the religious community, as well as individual citizens of Boynton Beach, have recognized the charitable work of the Community Caring Center in providing emergency shelter, groceries, and other resources; and WHEREAS, the Community Caring Center of Boynton Beach has made a difference in the lives of those who needed that extra help to keep their family together, or to react to an emergency situation that could result in the loss of a home or the lack of a meal. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim February 16-22, 2003 as "COMMUNITY CARING CENTER OF BOYNTON BEACH WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of ~i Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 18t" day of February in the Year 2003. Gerald Broening, Mayor City of Boynton Beach A'I-rEST: i City Clerk (Corporate Seal) S:\CC\W~CCAGENDA~roclamatJons\Community Caring Week. 2003.doc Land Development Regulations Re-write City Commission Workshop February 4, 2003 Agenda 1. Introductions 2. Project Overview Purpose of the Meeting :To determine the issues and concerns related to the existing zoning code as related to, redevelopment, the development approval process and the organization of the code Identification of Issues and Concerns a. What are the issues and concerns with the current code? b. Are there limitations and constraints that create hurdles to the development approval process? c. What are the issues and concerns regarding the Code structure/format? d. Is the code effective in realizing the Commission goals? e. Any other issues or suggestions? 5. Summary The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JANUARY 21, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PART~CIPA'I'~ON AT CITY OF BOYNTON BEACH COMMISSION MEE'rZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes 8~ Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 3anuary21, 2003 6:30 P,M. I. OPENTNGS: A. Call to Order - Mayor Gerald Broening B. Tnvocation - Rabbi Max Roth, Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Mayor Broening D. TF YOU WISH TO ADDRESS THE COMMISSION: · FTLL OUT THE APPROPRIATE REQUEST FORM · GZVE TI' TO THE CTrY CLERK (:ON THE DATS) BEFORE THE "OPENINGS" PORT~ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME TNDTVIDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MTNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLTC AUDTENCE: TNDZVTDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATI'ONS III. Appointment To Be Made OTHER: A. Informational Items by Members of the City Commission ADMINTSTRA'r]VE: A. Accept letter of resignation from Welton Sanders, Advisory Board on Children & Youth Appointments to be made: Board Regular Member of the Length of Term Expiration Date IV McKo¥ III Ferguson Advisory Bd on Children & Youth Reg Bldg. Bd of Adj & Appeals Alt 2 yr term to 4/03 1 yr term to 4/03 Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida January 21, 2003 III Ferguson Community Relations Board Alt 1 yr term to 4/03 Mayor Broening Education Advisory Board Stu Mayor Broening Education Advisory Board Reg I Weiland Education Advisory Board Reg I yr term to 4/03 2 yr term to 4/04 Tabled (3) 2 yr term to 4/04 Tabled (2) II McCray Library Board Alt 1 yr term to 4/03 Tabled (2) Mayor Broening Nuisance Abatement Board Alt Iyr term to 4/03 Tabled (2) III Ferguson Recreation & Parks Board Alt 1 yr term to 4/03 V. ANNOUNCEMENTS~ COMMUNTrY & SPECZAL EVENTS~ & PRESENTATLONS: A. Announcements: None B. Community and Special Events 1. HeritageFest - February 1-23, 2003 C. Presentations: 1. Proclamations: a. "Four Chaplains Sunday" b. "Catholic Schools Week" Presentation of Certificates of Accomplishment to Boynton Beach High School Girls Volleyball Team Vl'. PUBLI'C HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM:ITS Project: Agent: Owner: Location: Description: Gateway Plaza (USAP 02-002) (TABLED,) H. Burton Smith, P.E. KWB Charitable Trust Lot 91-Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PID Project: Agent: Location Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3rd Street, South of NE 12th Avenue 2 Agenda Regular City Commission Meeting Boynton Beach, Florida .lanuary 2:L, 2003 Description: Request for right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue Extension of "Notice of Intent" (NOI) for Self-storage Uses and Facilities until April 2, 2003 (Proposed Resolution No, RO3-007) VTT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of 3anuary 6, 2003 Regular City Commission Meeting of January 7, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award RFP #017-1410-03/KR to CRED[TECH for the "COLLECT[ON AND REPORTING OF THE C1TY OF BOYNTON BEACH DELINQUENT ACCOUNTS" at a commission rate of 20% of collected funds Approve CHANGE ORDER #8 to CONSTRUCT[ON TECHNOLOGY, INC. in the amount of $29,700 for the BOAT CLUB PARK AND S1TE IMPROVEMENTS PRO3ECT, BID #077-2413-01/C.3D (Proposed Resolution No. RO3-OO8) C. Resolutions: Proposed Resolution No. RO3-OO9 Re: Approving Task Order No. 01-06 in the amount of $82,959 to Metcalf & Eddy for the Surf Road Area Water Main Replacement Project for the Bidding and Construction Phase Services for upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge Proposed Resolution No. RO3-O10 Re: Releasing the Letter of Credit for Tuscany on the Intracoastal (Building Permit No. 00-4319) in the amount of $:[6,929 Proposed Resolution No. R03-O:l. 1 Re: Approve and authorize execution of Task Order 20 in the amount of $30,490 with CH2M Hill for engineering services in the evaluation of replacing a :LO" force main that runs from the West Water Treatment Plant and the Platina development east to Lift Station 801 at the corner of Boynton Beach Boulevard and Lawrence Road 3 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 21, 2003 Proposed Resolution No. R03-012 Re: Approve and authorize the execution of Task Order #4 with Engineering Consultant, Hartman & Associates, Inc. for an amount of $112,150 to prepare an infiltration and inflow program for Master Lift Station 309 basin Proposed Resolution No. R03-013 Re: Release of cash bonds of $440 and $28,600 to Nunno Builders, Thc. for the project known as Wendy's Restaurant Proposed Resolution No. R03-014 Re: Release of remaining surety for the water system improvements for the project known as Amerope Enterprises, in the amount of $505 Proposed Resolution No. R03-015 Re: Approving U.S. LEC, TNC. as the long distance service provider for the City with estimated annual expenditures of $20,000 Proposed Resolution No. R03-016 Re: Authorizing execution of a consent to co-location pursuant to the lease agreement between the City and Sprint Spectrum L.P. consenting to VoiceStream Wireless/T- Mobile co-locating on telecommunications tower located at 3600 Minor Road Proposed Resolution No. R03-0:17 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City D. Ratification of Planning & Development Board Action: High Ridge Commerce Center #2 (CDPA 02-002), Southwest corner of High ridge Road and Miner Road - Request for an appeal from Land Development Regulations Chapter 9, Section 1l.,1. to permit overhead bay doors to face High Ridge Road High Ridge Commerce Center #2 (NWSP 02-019), Southwest corner of High Ridge Road and Miner Road - Request new site plan approval to construct two light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district High Ridge Commerce Center #2 (ZNCV 02-015), Southwest corner of High Ridge Road and Miner Road - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article [T, Landscape Code, Section 3.B.4. to allow parked vehicles to encroach two feet into a seven-foot landscape buffer area required by code for a manufacturing/industrial building in an M-1 zoning district 4 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 21, 2003 VIII. E. Ratification of CRA Action: Dakota Lofts (MSPM O2-OO6), 3010 S. Federal Highway - Request for major site plan modification for changes to building elevations and floor plans Approve the Dakota Lofts Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Ir., PE/PSM and .leffrey R. Livergood, PE Accept the written report to Commission of purchases over $10,000 for the month of December 2002 for informational purposes G. Acknowledge the Mayor's signature on the 2002 Arbor Day Proclamation Allocation of $2,500 of Commission Community Tnvestment Funds (Commissioner McCray) for the 2003 Heritage Fest Program cTrY MANAGER'S REPORT: None FUTURE AGENDA TI'EMS: A. Report on 2002 Holiday Parade participants' findings (February 18, 2003) Bo Review revocation of the license agreement between the City of Boynton Beach and .lordan Wrecker Service (April 1, 2003) C. Discussion regarding Cemetery Board Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Thc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03-...) Eo FRA Whistle Ban - Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) DEVELOPMENT PLANS: None Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 21, 2003 XT. NEW BUSZNESS: None XII. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-062 Re: Rezoning of vacant land consisting of +32.159 acres on the east side of South Congress Avenue from M-1 (Industrial) to Planned Unit Development (PUD) (South Congress Residential) B. Ordinances - 1~ Reading Proposed Ordinance No. 03-001 Re: Rezoning from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD) for 18 single family detached zero lot line homes (Hawks Landing) C. Resolutions: None D. Other: Review for ratification or modification Code Compliance Lien Modification Order dated December 30, 2002 for Case No. 99-555 (Claude Francois - 229 SE 4th Avenue) Accept the offer of payment of attorney's fees and costs in the total amount of $16,650.59 from RHS Corporation Authorize a projected mediated settlement with Plaintiff in the amount of $100,000, as statutory liability limit, for a motor vehicle accident where original demand at mediation was $10,000,000 Authorization to add proposed Ordinance to next Commission Agenda for First Reading: Ordinance regarding Amending Chapter 2 Administration, Article IV, Section 2-56 providing for amendment to procedures for the sale of surplus City owned real property Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 21, 2003 XTTZ. UNFTN];SHED BUSTNESS: None XTV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'n'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TES-IIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 1/16/2003 5:03 PM S:\CC\WP\CCAGENDAV~,GENDAS\YEAR 2003\012103 FINAL AGENDA.DOC The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JANUARY 7, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II J Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPATZON AT CTI'Y OF BOYNTON BEACH COMM:ISSZON MEE'I'ZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda :items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAK'rNG AT COMMISS:ION MEE'I"rNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda :Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESS:lNG THE COMM:ISS:ION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, :~00 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). ]anuary7, 2003 CITY OF BO Y .NTTO ¥ BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A, Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner McKoy D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDMDUAL SPEAKERS WTLL BE LIMZTED TO 3-MINUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: A. Accept letter of resignation from Maurice Rosenstock, Regular Member of the Planning & Development Board B. Accept letter of resignation from Randy O'Hara, Regular Member of the Education Advisory Board Agenda Regular City Commission Meeting Boynton Beach, Florida January 7, 2003 C. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date III Ferguson IV McKoy Mayor Broening I Weiland II McCray Mayor Broening IV McKoy II McCray V. Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 Tabled (2) Education Advisory Board Education Advisory Board Education Advisory Board Stu 1 yr term to 4/03 Tabled (3) 2 yr term to 4/04 Tabled (2) 2 yr term to 4/04 Library Board Alt i yr term to 4/03 Nuisance Abatement Board Alt 1 yr term to 4/03 Planning & Development Board Reg 2 yr term to 4/04 Recreation & Parks Board Alt I yr term to 4/03 Tabled (3) ANNOUNCEMENTS, COMMUNTFY & SPEC[AL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events None C. Presentations: 1. Proclamations: None Presentation to the Links of Boynton Beach and Hops Restaurant for their participation in this year's fund raiser by Pepper Adair of the American Heart Association, Police Chief Marshall Gage, and Fire Chief William Bingham Presentation of certificate of appreciation to the Boynton Beach Color Guard and the Boynton Beach Fire Rescue by Klm Kelly of the Ocean Avenue Merchants and Friends Agenda Regular City Commission Meeting Boynton Beach, Florida January 7, 2003 XIII. UNFINISHED BUSINESS: {MOVED UP AT REQUEST OF CITY COHMISSION) A. Motion for reconsideration of Proposed Ordinance No. 02-062 VI. PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Hawks Landing (REZN 02-006) Bradley Miller, AI~CP/Miller Land Planning, Tnc. Grayhawk Development Corporation North of NE 16th Avenue, between NE 3~d Court and NE 4t~ Street Request to rezone from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single family detached zero lot line homes Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (POSTPONED) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park P:~D (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PTD) Request for conditional use/site plan approval for gas station, convenience store/fast food restaurant with drive through on a 6.54-acre parcel Comprehensive Plan Text Amendment (CPTA 02-002) Agent/Owner: Staff initiated Description: Request to amend Comprehensive Plan Objective 1.12 and Policies 1.12.1 and 1.12.2 in the future Land Use Element to update the review process for residential developments in the Coastal High Hazard Area; and Request to amend Comprehensive Plan Policy 1.16.1 to add lists of uses allowed in residential land use categories; to recognize recommendations of the "Federal Highway Corridor Community Redevelopment Plan" as a basis for designating certain lands as Spec/a/High Density Res/dent/a/land use; and to establish the I~ixed Use-Core and Conservation land use categories and corresponding lists of allowed uses The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review Project: Agent: Owner: Location: Beachside at Boynton (LUAR 02-008) Siemon & Larson, P.A. Gulfstream Lumber Company 1415 South Federal Highway (Northwest Highway and Woolbright Road) corner of Federal Agenda Regular City Commission Meeting Boynton Beach, Florida January 7, 2003 Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Nixed Use (MX); and Request to rezone from Community Commercial (C-3) to Mixed Use-Low Intensity (MU-L) For Mixed Use development (residential, retail, and office) The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review Project: Agent: Owner: Location: Description: Arbolata Townhomes (LUAR 02-009) William Weitsma, William Weitsma Co. Inc. William H. Baker, Trustee 3450 S. Congress Avenue Request to reclassify the subject property from Industrial (Il to High Density Residential (HDR) at a density of 10.8 du/ac; and Request to rezone from M-1 Industrial to Planned Unit Development (PUD), in order to construct 172 fee-simple townhouses The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review Project: Agent: Location: Description: Mixed Use-Core (LUAR 02-010) Federal Highway Corridor Future Land Use Map Amendment City of Boynton Beach East side of Federal Highway, between Ocean Avenue and NE 4m Street Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use-Core (MX-C) The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review Project: Agent: Owner: Location: Description: Rosemary Scrub (LUAR 02-011) City-initiated Palm Beach County Northwest corner of the intersection of N. Seacrest Boulevard and Miner Road Request to reclassify the subject property from Recreational (R) to Conservation (CON), and Request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) 4 Agenda Regular City Commission Meeting Boynton Beach, Florida :)anuary 7, 2003 The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review Project: Agent: Owner Location: Description: Seacrest Scrub (LUAR 02-012) City-initiated Palm Beach County South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard Request to reclassify the subject property from Recreational (R) to Conservation (CON), and Request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) The review of this item is for approval to transmit to the State Department of Community Affairs for consistency review VTT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of December 16, 2002 Regular City Commission Meeting of December 17, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNI-I'," Bid #078-2821- 02/C3D, to SOUTHERN SEWER EQUIPMENT SALES, INC. of Ft. Pierce, Florida, in the amount of $28,950 Approve the FOUR-YEAR LEASE OF A SPECTRUM 5-SERIES FOLDING AND INSERTING SYSTEM from PITNEY BOWES, utilizing FLORIDA STATE CONTRACT #600-760-00-1 at a monthly cost of $789 C. Resolutions: Proposed Resolution No. R03-001 Re: Release of a cash bond of $6,600 to ABI Companies, Inc. for the project known as Newport Place 5 Agenda Regular City Commission Meeting Boynton Beach, Florida January 7, 2003 Proposed Resolution No. R03-002 Re: bond of $2,200 to Charter Schools of Boynton known as the Charter Schools of Boynton Beach Release of a cash Beach for the project Proposed Resolution No. R03-003 Re: Executing Consultant Agreement Form for General Engineering Services with PBS&.] for Utility Relocation Design associated with Palm Beach County Engineering Project No. 97509 (Lawrence Road from Gateway Boulevard to Boynton Beach Boulevard) Proposed Resolution No. R03-004 Re: Approval of Task Order No. 19 with CH2MHill for the task of designing and constructing a Stormwater Diversion from Seacrest Boulevard to the East Water Treatment Plant Retention Area Proposed Resolution No. R03-005 Re: Confirming terms and conditions set forth in the Fire Rescue Department's EMS grant award as approved by the Palm Beach County Division of Emergency Medical Services Proposed Resolution No. R03-006 Re: Revoking the License Agreement between the City of Boynton Beach and Jordan Wrecker Service (Licensee) for violation of the terms and conditions of the License Agreement D. Ratification of Planning & Development Board Action: Gateway Plaza (USAP 02-002), Lot 91-Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard - Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PTD High Ridge Commerce Center #2 (CDPA 02-002), Southwest corner of High ridge Road and Miner Road - Request for an appeal from Land Development Regulations Chapter 9, Section 11..1. to permit overhead bay doors to face High Ridge Road POSTPONEI~fENT TO .7ANUAR Y 2.~,, 2003 I~fEE771Vi;) High Ridge Commerce Center #2 (NWSP 02-019), Southwest corner of High Ridge Road and Miner Road - Request new site plan approval to construct two light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district (APPliCANT REQUESTS POSTPONEI~fENT TO .IANUAR Y 2.~z 2003 High Ridge Commerce Center #2 (ZNCV 02-015), Southwest corner of High Ridge Road and Miner Road - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article ]:[, 6 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 7, 2003 Landscape Code, Section 3.B.4., to allow parked vehicles to encroach two feet into a seven foot landscape buffer area required by code for a manufacturing/industrial building in a M-1 zoning district (APPLT¢.ANT REQUESTS POSTPONEI~ENT TO .IANIIAR Y 2.Z, 2003 HEE7~IYG) WoolbrJght Medical Building (Freeman) (SPTE 02-002), Woolbright Road and SW 22nd Street - Request a second one-year time extension of the site plan approval and concurrency certification originally granted on November 8, 2000 and extended to November 8, 2002 Hawks Landing (SBMP 02-004), North of NE 16th Avenue, between NE 3rd Court and NE 4th Street - Request for new subdivision master plan approval for 18 single-family zero lot line homes on a 1.94-acre parcel E. Ratification of CRA Action: None Approve payment to Aether Systems, :(nc. in the amount of $26,:[09 for Software Maintenance Agreement for Police Department computer system for 1:[/0:[/02 to :[0/3:[/03 Approve payment to Sonneborn, Rutter, Cooney, Klingensmith & Eyler for professional services regarding Manzanarez vs. City involving an automobile accident Approve a donation from monies received from Local Confiscated Funds to the .luvenile Transition Center, :[nc. of Boynton Beach, in the amount of $4,000 (TABLED ON DECEHBER .Z~ 2002) VIII, CITY MANAGER'S REPORT: A. Follow-up Report on 2002 Holiday Parade IX. FUTURE AGENDA ~TEMS: Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, :[nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03-...) FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section :[:[.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 7, 2003 X. DEVELOPMENT PLANS: None XZ. NEW BUSZNESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-063 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; amending the requirements for retirement; and amending the monthly supplemental benefits Proposed Ordinance No. 02-064 Re: Amending Article III Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances to provide for optional transfer of accumulated leave balances upon retirement Proposed Ordinance No, 02-065 Re: Amending Article III, Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances; allowing participants in the DROP to change their method for the crediting of investment earnings Proposed Ordinance No. 02-066 Re: To allow a one-time opportunity for current participants in the Police Officers' Pension DROP to change their method to credit investment earnings pursuant to Article III, Pensions for Police Officers, Chapter 18 of the Boynton Beach Code of Ordinances B. Ordinances - 1~t Reading None C. Resolutions: None D. Other: None 8 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 7, 2003 XZV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT 3OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 1/7/2003 8:19 AM $:\CO\WP\OOA(3ENDALAGENDA$\YEAR 200:3\01070:3 FINAL AGENDA.DOC The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA J U N E 17, 200~ Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor Distdct Iit Carl McKOy Commissioner Distdct IV* Kurt Bressner City Manager www. boy~ton-beach,org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission MeeUng GENERAL RULES & PROCEDURES FOR PUBI.~C PART]:C]:PAT~ON AT CITY OF BOYNTON BEACH COMMT~SZON HELrl~NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majodty of the Commission has first consented to the presentation:for consideration and action. · Consent Agenda Ztem$: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda ]:tents: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAIC[NG AT COMML$S]:ON MEETI:NGS: The public is encouraged to offer comment to the Commission at their meetings dudng Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains bhe dght to limit discussion on an issue. Comment cards are located on the table by'the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the ~Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Healings: Any dfizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda ]:tents: Any citizen may speak on any offidal agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Hayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESS]:NG THE COMM~SS]:ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majodty vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in _sec-_~on. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). June 17, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. .Z. OPENZNGS: Re Call to Order - Mayor Gerald Broening InvocaUon - Rev. Rick Riccardi, Police Chaplain Pledge of Nlegiance to t~e Rag led by V]ce Mayor Ferguson ZF YOU W1,SH TO ADDRESS THE COMMZSSZON: · FZLL OUT THE APPROPR/ATE REQUEST FORM · GZVE Z'I' TO THE CZ'I'Y CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORI'~ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME ZNDZVZDUALS MAY SPEAK FOR THREE UNZNTERRUPTED MZNUTES, E. Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPEC/AL EVENTS, & PRESENTAT/ONS: A. Announcements: 1. Notice of cancellaUon of July Ist City Commission Meeting B. Community and Special Events: 1. Fourth of July festivities C. Presentations: 1. Prodamations: None Agenda Regular City Commission HeeUng Boynton Beach, Florida June 17, 2003 ge Presentation of certificates to Boynton Beach Community High School Baseball Team Presentation by representatives of the Boynton Cultural Centre, [nc. regarding two exceptional honors for Boynton Beach's Schoolhouse Children's Museum PresentaUon of Certificate of Completion for the 2003 Advanced In~tute for Elected Municipal Officials to Commissioner Mack McCray W. ADMXNXSTRAI'~E: A. Appointments to be made: Appointment To Be Made Board Length of Term Ex~ Ipam III Ferguson Advisory Bd on Children & Youth Alt Iyr term to 4/04 Tabled (3) IV Mci(o,/ Advisory Bd on Children & Youth Stu/NonVoUng Iyr term to 4/04 Tabled (3) IV McKoy Bldg. Bd of AdJ & Appeals Alt 1 yr term to 4/04 IV McKoy Cemetery Board Alt 1 yr ~ to 4/04 III Ferguson Cemetery Board Reg 3 yr term to 4/06 Tabled (3) Mayor Broening Education Advisory Board Alt 1 yr term to 4/04 Tabled (3) ITZ Ferguson Education Advisow Board Stu I yr term to 4/04 Tabled (3) Mayor Broening Golf Course Advisory Committee Reg S yr term to 6/08 Tabled (2) IV McKoy Ubrary Board Reg 3 yr term to 4/06 Tabled (2) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) I Weiland Senior Advisory Board Alt 1 yr term to 4/04 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying matedal to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of.lune 2, 2003 2. Regular City Commission Meeting of .lune 3, 2003 2 Agenda Regular City Commission Heeting Boynton Beach, Florida June ].7, 2003 Be Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve purchase of a Wireless Data System from vadous vendors for the Police Department, with a total cost of $83,222.7! Award "THE PURCHASE OF ONE NEW AND UNUSED [25 KW PORTABLE GENERATOR TO INCLUDE A TRAP PR," Bid #053-2821-03/.1A to C.]'s SALES AND SERVICES of Ocala, Rorida, in the amount of $29,824 Award "ANNUAL RE-BID FOR SUPPLY OF PVC SCHEDULE 40/80 IRR~GA'I'[ON SUPPtTES," Bid #048-1412-03/.1A to vadous vendors, as per staff's recommendation, with an estimated expenditure of $40,000 e Award the 'THREE YEAR CONTRACT FOR FTNANOAL AUDITING SERVICES," RFP#061-1410-03/C]D to CALER, DONTEN, ~E, DRUKER, PORTER &VEZL, P.A. of West Palm Beach, Rorida, for the fiscal years ended 9/30/03, 9/30/04, and 9/30/05 (Proposed Resolution No, eo3-o 4) Award "RE-SEAL ROOF OF WEST VVZNG OF C1TY HALL COMPLEX," Bid #050-2511-03/CJD to PREVENTATIVE MA/NTENANCE SUPPORT SERV/CES, INC. of Boca Raton, Rodda, in the amount of $15,995 (Proposed Resolution No. R03-095) ResoluUons: Proposed Resolution No. R03-096 Re: Proposal distribution of the 9-1-1 funds for Dispatcher salaries for the ge Proposed ResoluUon No. R03-O97 Re: Full release of surety covering the potable water system for the project known as Gale Industries at Lot 50B Quantum Park, and returning the cash surety of $9,669 to the developer Proposed Resolution No. R03-098 Re: Approval of Task Order No. 01-16 in the amount of $143,000 to Camp Dresser & McKee Inc. (CDt, l) for engineering services for the finalization of design drawings, permitting, and bidding and construction phase services for the Downtown Watershed Stormwater Improvements-Phase 2 of 3, Area 1 (Railroad Avenue, Phase 1 of 2) project e Proposed Resolution No. R03-099 Re: Approval of Task Order No. 01-17 to Camp Dresser & McKee ]:nc. (CDM) in the amount of $195,000 for engineering services for minor design modifications/additions and for construction phase services for the ]:NCA. Agenda Regular City Commission Heeting Boynton Beach, Florida ~une 17, 2003 De Stormwater Management Improvements and Water Main Replacement Project (formerly referred to as the NE 7~ Street and NE 10m Avenue project) Proposed Resolution No. R03-100 Re: Approval of Task Order No. 27 to CH2M Hill, [nc. in the amount of $24,875 for force main design services, permitting, bidding and construction phase services necessary to expand the scope of work for Pump Station No. 317 Improvements project Proposed Resolution No. R03-101 Re: Full release of surety covering the water and wastewater system for the ILl's project, and returning the cash surety of $7,882 to the d~veioper Proposed Resolution No. R03-102 Re: Approval of Work Authorization No. 2to CH2M Hill for architectural and engineering services pertaining to Rre Station No. 4, in the amount of $202,285 Proposed Resolution No. R03-103 Re: Approval of Work Authorization No. 1 to CH2M Hill for architectural and engineering services pertaining to Fire Station No. 2, in the amount of $296,059 Proposed Resolution No. R03-104 Re: Approval of Letter of Credit in the amount of $25,047 for restoration purposes for the Quantum Park Townhomes East and West development (plat has been recorded) 10. Proposed Resolution No. R03-105 Re: Retaining South Technical High School (South Tech) in Boynton Beach and recommending it be approved as a conversion charter school 11. Proposed Resolution No. R03-106 Re: Approval of Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) to cladfy and modify provisions of the current Collective Bargaining Agreement, amending Article 8 (Vacancies) and Article 22 (Training) 12. Proposed Resolution No. R03-107 Re: Release of two cash bonds ($5,500 and $2,080) to Vitcar Consulting Co., Inc., for the project known as Medical Arts Professional Center, Ltd. Ratification of Planning & Development Board Action: None 4 Agenda Regular City Commission HeeUng Boynton Beach, Florida June ].7, 2003 E. Ratification of CRA Action: Boynton Hills (ZNCV 03-OO5), NW 3~ Court - 1) Request for relief from the Oty of Beynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and 2) request for relief from the City of Beynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25 foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district; and 3) request for relief from the Oty of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25-foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district Approve negotiated renewal premium for 2003-2004 Health Tnsurance coverage with Blue Cross/Blue Shield of Rorida for the same cost as 2002-2003 (no premium increase) Authorize the Hayor and City Oerk to sign the proposed record plat titled BOYNTON BEACH WOOI. BR/GHT PARCEL on behalf of the Oty as the dedicator of the plat CODE COMPI.ZANCE & LEGAL SEI'FLEHENTS: Authorize a court ordered mediation settlement with Christina 13andieramonte, Plaintiff, in the amount of $6,900 (initial demand at mediation was $25,000) PUBLIC AUDZENCE: ZNDIV~DUAL SPEAKERS W/LL BE t/MTrED TO 3-MZNUTE PRESENTAT/ONS PUBLIC HEARING: A. ProJect: Agent: Location: Description: Project: Agent: Owner: Location: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM11'S Club Ovation (COUS 03-002) (TABLED ON 5/20/03) Randy Grinter Randy Grinter, Tommy Pauletti, Tommy Kansler 3637 South Federal Highway Request for Conditional Use approval to allow competitions in a C-3 zoning district athletic DILorenzo Abandonment (ABAN 03-002) Bedl Kruger, Planning and Zoning Consultants Nicholas and Carmela DiLorenzo 902 N. Federal Highway 5 Agenda Regular City Commission Meeting Boynton Beach, Florida June 1.7, 2003 Description: Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Bock 4, Lake Addition to Boynton, and the replacement with a utility easement CTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (7'A~ZfD 0/¥ $/20/03) B. ]:ntentionaily left blank C. Review of Annexation Enclaves D. Review of Oty Bidding Procedures E. Review and Discussion of Proposed City Commission Capital Project Priodty Usflng (Proposed Resolution No. R03-108) FUTURE AGENDA TI'EMS: A. Resolution approving the City of Boynton Beach One Year CDBG Action Plan (3uly lS, 2003) B. Public Hearing on the Section 108 Loan Application for the Heart of Boynton Community Redevelopment project (July tS, 2003) C. Budget Discussion Workshops (July ~.5, 16 and ~7, 2003) D. Discussion of Land Purchase for NE Fire Station (3uly ~S, 2003) E. Proposed Lease Agreement with Boynton Woman's Club (July 15, 2003) F. Grant franchise agreement extension for Boynton Transit AdvertisJng (3uly 15, 2003) G. Proposed ModiflcaUons to City Personnel Policy Manual - Annual Update (August 5, 2003) H. Annual Update of City Pay Classification Plan (August 5, 2003) [. Follow-up Meeting with CRA on Development Issues (August 2003) 3. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Uttle League Park (Summer 2003) K. First Budget Hearing (September 9, 2003) L. Second Budget Hearing (September :~6, 2003) 6 Agenda Regular City Commission Heeting Boynton Beach, Florida June XT, 2003 Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, [nc. of Boynton Beach in the amount of $7,500 (Progesed Resolution No. R03- ) NEW BUSXNESS: None LEGAL: A. Ordinances- 2"~ Reading - PUBLI:C HEAR[NG Pro~ Ordinance No, 03-019 Re: Amending the land use designaUon of property located at the southwest corner of Ocean Avenue and U.S. ! from Mb<ed Use (MX) to Mixed Use Core (MXC) - The Arches e Proposed Ordinance No. 03-020 Re: Rezoning a parcel of land from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) - The Arches Proposed Ordinance No. 03-021 Re: Abandonment of a portion of a 20-foot wide alley, located between S. Federal Highway and S.E. 4u~ Street - The Arches E Proposed Ordinance No. 03-022 Re: Amending the land use designaUon of property located at the north side of Wooibright Road, approximately 500 feet west of Congress Avenue from Low Density Residential (LDR) to Public & Private Government/Institutional (PPGX) - fire Station Propos~ Ordinance No. 03-023 Re: Rezoning a parcel of land from Planned Unit Development- (PUD) to Public Usage (PU) - Fire Station Proposed Ordinance No. 03-024 Re: Establishing procedures for confirmation of qualifications of advisory board members la~oposed Ordinance No. 03-025 Re: Amending Section !3- 20 of the Code of Ordinances regarding Special Event Permits Proposed Ordinance No. 03-026 Re: Amending the land use designation of property located at South Seacrest Boulevard, known as Seacrest Scrub, from Recreational (R) to Conservation (CON) Proposed Ordinance No. 03-027 Re: Amending the land use designation of property located at the northwest comer of N. 7 Agenda Regular City Commission MeeUng Boynton Beach, Florida ,lune 17, 2003 11. 12. 13. 14. 15. :1.6. Seacrest Boulevard and Miner Road, known as Rosemary Scrub, from Recreational (R) to Conservation (CON) Proposed Ordinance No. 03-028 Re: Amending the land use designation of property located at the southeast comer of S. Congress Avenue and SW 35m Avenue (Arbolata Townhomes) from Industrial (]:) to High Density Residential (HDR) Proposed Ordinance No. 03-029 Re: Re. zoning a parcel of land from M-1 Industrial to Planned Unit Development (PUD) - Arbolata Townhomes Proposed Ordinance No. 03-030 Re: Amending the land use designation of property located on the east side of Federal Highway between Ocean Avenue and NE 4m Avenue from Mixed Use (MX) to Mixed Use-Core (MX-C) Proposed Ordinance No. 03-031 Re: Amending the land use designation of property located at the northwest corner of Federal Highway and Woolbright Road from Local Retail. Commercial (IRC) to Mixed Use (MX) - Beachside at Boynton Proposed Ordinance No. 03-032 Re: Rezoning of property located at the northwest comer of Federal Highway and Woolbright Road from Community Commercial (C-3) to Mixed Use-Low Intensity (MU-L) - Beachside at Boynton Prolx~ed Ordinance No. 03-033 Re: Updating Objective and Polities regarding residential developments in the Coastal High Hazard Area; modifying the definitions of the land use designations; adding intensity standards to all non-residential definitions; adding a Conservation land use; and requiring an update of the Problems and Opportunities section of the support documents by 2004 Proposal Ordinance No. 03-034 Re: Amending the Land Development Regulations, Chapter 1, Article 9. Definitions, "Building Height,' to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process Ordinances- Ist Reading None Agedda Regular City Commission HeetJng Boynton Beach, Florida .lune ],7, 2003 C. ResoluUons: None. D. Other: None UNI~N~SHED BUSZNESS: None AD3OURNHENT: (~.s. 286.0105) COm'ACT ~OYCZ cosm..t.o, (561) 742-6013 AT ~ ~wel~Y-r-ou~ HOU~ ~UO~ TO THe P~OG~U* O~ ~ ~N 0~ ~ TH~ bcJ I=ZNAL AGENDA 6/16/2003 5:06 PM S:\CC~WI~CCAGENOA~AQENDA~YE~ 2(X)3~61703 ,qNN. N3~.I:X~ g The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JUNE 3, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www. boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PAR'I'ZCIPATZON AT CZ'I'Y OF BOYNTON BEACH COMMISSION MEE'I~NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEEI~NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO Y2VTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA June 3, 2003 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Vice Mayor Ferguson IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE rr TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME II. ZNDZVZDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: III. 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTDY & SPECIAL EVENTS, & PRESENTA'I/ONS: A. Announcements: Community and Special Events Presentations: 1. Proclamations: a. "Code Enforcement Officer's Appreciation Week" - June 2-7, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 2. Sculpture Presentation by Firefighter 3 Paramedic Ray Altman Presentation of donation to Laura Lassman, President of Play for T.I.M.E. (Technology, Immediate Diagnosis, Mammography, Effective Treatment), on behalf of The Links at Boynton Beach, the Ladies & Men's Golf Associations, and the players Presentation of Banner by Jeanne Heavilin, President, Greater Boynton Beach Sister Cities, Inc. Presentation of Certificates of Appreciation to the Police Athletic League Track Team IV. ADMZNZSTRA'I'ZVE: A. Accept resignation from Marion Grammer, Regular Member of the Library Board B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Ferguson IV McKoy III Ferguson I Weiland III Ferguson Mayor Broening II McCray III Ferguson Mayor Broening IV McKoy Mayor Broening I Weiland II McCray III Ferguson I Weiland Advisory Bd on Children & Youth Alt Advisory Bd on Children & Youth Stu/NonVoting Bldg. Bd of Adj & Appeals Alt 1 yr term 1 yr term i yr term Cemetery Board Alt i yr term Cemetery Board Reg 3 yr term Education Advisory Board Alt Education Advisory Board Reg Education Advisory Board Stu Golf Course Advisory Committee Reg 1 yr term 2 yr term 1 yr term 5 yr term Library Board Reg 3 yr term Nuisance Abatement Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Reg Senior Advisory Board Alt ! yr term 2 yr term 2 yr term 2 yr term i yr term to 4/04Tabled (2) to 4/04Tabled (2) to 4/04Tabled (3) to 4/04Tabled (3) to 4/06Tabled (2) to 4/04Tabled (2) to 4/05Tabled (2) to 4/04Tabled (2) to 6/08 to 4/06 to 4/04Tabled (2) to 4/0b-I'abled (2) to 4/05Tabled (2) to 4/05'l'abled (2) to 4/04 2 Agenda Regular City Commission Meeting Boynton Beach, Florida :]une 3, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of May 19, 2003 Regular City Commission Meeting of May 20, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award "ANNUAL CONTRACT FOR HARDWARE SUPPLIES," Bid #045- 1412-03/C3D to various vendors, as per staff's recommendations, with an estimated annual expenditure of $50,000 Award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT," Bid #046-1412-03/3A, to various vendors by manufacturer, with an estimated expenditure of $100,000 C. Resolutions: Proposed Resolution No. R03-090 Re: Consenting to the Amendment to the Declaration of Covenants and Restrictions for Alhambra Square to permit the existing ficus hedge to remain in connection with the development of the Medical Arts Professional Center project Proposed Resolution No. RO3-O9:L Re: Accepting Letter of Credit no. 3051870 from Bank of America (with amendment) in the amount of $77,080 as surety for the installation of water and sewer improvements for the project known as Villas at Quantum Lakes Proposed Resolution No. R03-O92 Re: Approving the 3oint Participation and Project Funding Agreement between Palm Beach County and the City of Boynton Beach for the construction of Woolbright Road from 3og Road to Military Trail in the amount of $42,300 Proposed Resolution No. R03-og3 Re: Authorizing the purchase of property owned by Gary L. Holloway located at 1100 NW im Street for the appraised price of $75,000 in order to implement the Heart of Boynton Development Program 3 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 Ratification of Planning & Development Board Action: New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east end) - Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel Ream Variance (ZNCV 03-004), 710 SW 27th Avenue - Request for relief from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA Zoning District, to allow for a variance of 5 feet and a rear yard setback of 20 feet Quantum Park & Village South (SPWV O3-OO1) (aka Villas at Quantum Lakes Phase TT]:), South of Gateway Boulevard; west of High Ridge Road - Request for waiver from Land Development Regulations Chapter 2, Section 11.H.1 requiring 2 spaces per unit to allow a 0.25 reduction or 1.75 spaces per unit with an additional 5% of the total spaces Largo Pointe (NWSP 03-O05), 2400 SW 19th Avenue - Request for site plan approval for 20 fee-simple townhouse units and related site improvements on a 1.97-acre parcel in the R-3 zoning district Woolbright Plaza (SPTE O3-001), 1609 S. Congress Avenue - Request for a one-year time extension of the conditional use/site plan approval granted on March 5, 2002 (an extension to March 5, 2004) The Watershed (HTEX 03-003), 4905, 4915, 4927 Park Ridge Road - Request for height exception of :10 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of decorative cupolas to be 55 feet in height, a distance of 10 feet above the 45-foot maximum height allowed in the P.T.D. zoning district E. Ratification of CRA Action: 1! The Arches (NWSP 03-002), Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and :12,870 square feet of offices located on 3.515 acres (TABLED TO 6/3/03) Approve the plat of the Harbors, PUD, subject to the approval of the Mayor and the City Engineer Approval of proposed First Amendment to Unity of Title o Tuscany on the ][ntracoastal 4 Agenda Regular City Commission Meeting Boynton Beach, Florida :lune 3, 2003 VI. VII. Approval of petition from Bruce A. Clipson representing Clipson Unlimited, Inc., vehicle for hire business, for a Certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 CODE COMPLIANCE & LEGAL SEI~'LEMENTS: None PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMrrED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Project: Agent: Owner: Location: Description: The Arches (LUAR 03-003) (TABLED TO 6/3/03) Nancy C. Graham, Urban Principles, LLC Contract Purchaser Boynton Ventures 1, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); (1~ Reading of Proposed Ordinance No. 03-019); and Request to rezone from Central Business District (CBD) to Mixed Use-High Tntensity (MU-H) (1't Reading of Proposed Ordinance No. 03-020) The Arches (ABAN 03-002) (TABLED TO 6/3/03) Nancy C. Graham, Urban Principles, LLC Contract Purchaser - Boynton Ventures 1, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Description: Request abandonment of a portion of that certain 20-foot wide alley lying adjacent to Lots i through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Original Town of Boynton (1~t Reading of Proposed Ordinance No. 03-021) Fire Station (LUAR 03-004) (Relocation of Fire Station #2) City of Boynton Beach City Initiated North side of Woolbright Road; west of Congress Avenue Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPG1); (1~ Reading of Ordinance No, 03-022); and 5 Agenda Regular City Commission MeeUng Boynton Beach, Florida 3une 3, 2003 XI. ](II. Request to rezone from Planned Unit Development (PUD) to a Public Use (PU) to allow for the relocation of Fire Station #2 with accessory recreation amenities Ordinance No. 03-023) CTTY MANAGER'S REPORT: A. B. (1~ Reading of Proposed Discussion of Marina Development Agreement ('TABLED Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms FUTURE AGENDA 1'rEMS: B. C. D. E. F. G. H. Report on Renewal of City Health Insurance Program (]une 17, 2003) Review of City Bidding Procedures (June 17, 2003) Review of Annexation Enclaves (]une 17, 2003) Report on Bottling of City Water (]une 17, 2003) Budget Discussion Workshops (July 15, 16 and 17, 2003) Discussion of Land Purchase for NE Fire Station (]uly 15, 2003) Follow-up Meeting with CRA on Development Issues (August 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) First Budget Hearing (September 9, 2003) Second Budget Hearing (September 16, 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSTNESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 6 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 Proposed Ordinance No. 03-018 Re: Amending Part I:T! of the Code of Ordinances, entitled "Land Development Regulations," to provide for the City Engineer to take action with respect to technical services provided by the Engineering Division of the Department of Public Works and amending Part !I! to provide for the deletion of obsolete language, and clarification of existing provisions Ordinances - 1st Reading Proposed Ordinance No. 03-024 Re: Amending Chapter 2 Administration, Section 2-16, regarding City Board Members Qualifications Proposed Ordinance No. 03-025 Re: Amending Section 13- 20 of the Code of Ordinances regarding Special Event Permits Proposed Ordinance No. 03-026 Re: Amending the land use designation of property located at South Seacrest Boulevard, known as Seacrest Scrub, from Recreational (R) to Conservation (CON) Proposed Ordinance No. 03-027 Re: Amending the land use designation of property located at the northwest corner of N. Seacrest Boulevard and Miner Road, known as Rosemary Scrub, from Recreational (R) to Conservation (CON) Proposed Ordinance No. 03-028 Re: Amending the land use designation of property located at the southeast corner of S. Congress Avenue and SW 35th Avenue (Arbolata Townhomes) from ]:ndustrial (~[) to High Density Residential (HDR) Proposed Ordinance No. 03-029 Re: Rezoning a parcel of land from M-1 Tndustrial to Planned Unit Development (PUD) - Arbolata Townhomes Proposed Ordinance No. 03-030 Re: Amending the land use designation of property located on the east side of Federal Highway between Ocean Avenue and NE 4th Avenue from Mixed Use (MX) to Mixed Use-Core (MX-C) Proposed Ordinance No. 03-03:L Re: Amending the land use designation of property located at the northwest corner of Federal Highway and Woolbright Road from Local Retail Commercial (LRC) to Mixed Use (MX) - Beachside at Boynton Proposed Ordinance No. 03-032 Re: Rezoning of property located at the northwest corner of Federal Highway and Woolbright Road 7 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 3, 2003 XIII. from Community Commercial (C-3) to Mixed Use-Low Intensity (MU-L) - Beachside at Boynton 10. Proposed Ordinance No. 03-033 Re: Updating Objective and Policies regarding residential developments in the Coastal High Hazard Area; modifying the definitions of the land use designations; adding intensity standards to all non-residential definitions; adding a Conservation land use; and requiring an update of the Problems and Opportunities section of the support documents by 2004 11. Proposed Ordinance No. 03-034 Re: Amending the Land Development Regulations, Chapter 1, Article II. Definitions, "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY HALTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND,, FOR SUCH PURPOSE,, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN1OY THE BENEFITS OF A SERVICE~ PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 9OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Bmm FINAL AGENDA 6/3/2003 8:52 AM S:\CC\WP\CCAGEN DA\AGENDAS\Year 2003\060303.doc 8 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MAY 20, 2O03 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCTPATZON AT CZTY OF BOYNTON BEACH COMMISSION MEE'rZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:tems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda ]:terns: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes 8~ Nays" or by a roll call vote. SPEAKTNG AT COMM]:SSTON IqEEll:NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters n~t listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda ]:terns: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green ~olored card for matters listed on the agenda. The IVlayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESS?NG THE COMM~'SS:~ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). May 20, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Martin Zlatic, St. 3oseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner McCray IF You WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME II. INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. III. Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events 1. Announcement of Office Depot as title sponsor of the July qth Festival of Fireworks event, which will be held on the Motorola property C. Presentations: 1. Proclamations: a. The Boynton Veterans Council Memorial Day Celebration - May 25, 2003 (Richard Prince, Commander, Boynton Beach Veterans Council) Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Present a plaque to Mayor Gerald Broening from the Black History Awareness Committee Recognition of the more than 100 volunteers who participated in the 2003 Great American Clean-up held in the City of Boynton Beach on Saturday, April 12th ZV. ADMZNZSTRATZVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt I yr term to 4/04 IV McKoy Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt i yr term to 4/04 Tabled (2) ! Weiland Cemetery Board Alt 1 yr term to 4/04 Tabled (2) II! Ferguson Cemetery Board Reg 3 yr term to 4/06 Mayor Broening Code Compliance Board Alt 1 yr term to 4/04 Tabled (2) Mayor Broening Education Advisory Board Alt 1 yr term to 4/04 1[ Weiland Education Advisory Board Reg 2 yr term to 4/05 I! McCray Education Advisory Board Reg 2 yr term to 4/05 II! Ferguson Education Advisory Board Stu 1 yr term to 4/04 III Ferguson Library Board Alt I yr term to 4/04 Mayor Broening Nuisance Abatement Board Alt 1 yr term to 4/04 I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 IV McKoy Recreation & Parks Board Reg 3 yr term to 4/06 Mayor Broening Senior Advisory Board Reg 2 yr term to 4/05 Mayor Broening Firefighters' Pension Trust Reg 2 yr term to 4/05 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 A. Minutes: City Commission Capital Improvement Project Workshop Meeting of April 28, 2003 3oint City Commission and CRA Workshop Meeting of April 29, 2003 Agenda Preview Conference of May 5, 2003 Regular City Commission Meeting of May 6, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Extend Bid #048-2511-00/KR, "TWO-YEAR LEASE CONTRACT for 24' x 60' PORTABLE OFFICE TRAILER" (for Code Compliance) to RESUN LEASING INC. in the amount of $12,000 (Proposed Resolution No. R03-083) Resolutions: Proposed Resolution No. R03-084 Re: Release of cash bonds of $3,982 and $3,850 to Quarterdeck Boynton Beach, L.L.C. for the project known as the Quarterdeck Restaurant Proposed Resolution No. R03-085 Re: Approving Task Order 01-:[3 to Camp Dresser & McKee for engineering services to develop a wastewater reuse master plan for the distribution of reuse water within the City of Boynton Beach, not to exceed $62,000 Proposed Resolution No. R03-086 Re: Approve Task Order No. 01-14 to Camp Dresser & McKee Inc. (CDM) for Bidding Phase services and Construction Administration for the Twenty Outfall Structures Stormwater Improvements in the amount of $43,800 Proposed Resolution No. R03-087 Re: Release of a cash bond of $10,169.50 to Petra Builders, Inc. for the project known as Boynton Outpatient Center Proposed Resolution No. R03-088 Re: Approval of contract between First Baptist Church of Boynton Beach and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 309-31:[ N. Seacrest Boulevard for the purpose of Fire Rescue training Proposed Resolution No. R03-089 Re: Funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000, to be divided equally between the City of Boynton Beach and the City of Delray Beach ($300,000 each) Agenda Regular City Commission MeeUng Boynton Beach~ Florida May 20~ 2003 Ho VZ. CODE Ratification of Planning & Development Board Action: None Ratification of CRA Action: The Arches (NWSP 03-002), Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Staff and allow selling of same Approve a $500 donation to the Palm Beach County Association of Chiefs of Police, Inc. from the department's law enforcement trust fund to assist with their Association's scholarship fund Fund the approved incentives granted to assist the Heritage Company, Inc. for renovations at the Boynton Terrace Apartments, approved on March 6, 2001 Accept the written report to Commission of purchases over $10,000 for the month of April 2003 for informational purposes Approve the plat of Murano Bay, subject to the approval of the City Engineer Approve allocation of Community Investment Funds requested by Mayor & Commission as follows: Poinciana Elementary School (to help defray the cost of students competing in the "Odyssey of the Mind" challenge in Iowa) - Mayor Broening ($500), Vice Mayor Ferguson ($500), Commissioner McCray ($500), Commissioner McKoy ($500), and Commissioner Weiland ($2,000) PAL 12- year old Basketball Team - Commissioner McCray ($1,000) & Commissioner McKoy ($1,000) Library - Commissioner Weiland ($4,000) COMPLTANCE & LEGAL SETTLEMENTS: Authorize a court ordered mediated settlement with Christopher Isadore, Plaintiff, in the amount of $10,188 (initial demand was $100,000) Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTA'rZONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Project: Agent: Owner: Location: DescripUon: Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Serrano @ Boynton (ANNEX 03-001) (TABLED TO 6/3/03) 3ulian Bryan Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to annex a +9.74-acre parcel Serrano @ Boynton (LUAR 03-002) (TABLED TO 6/3/03.) .]ulian Bryan Beth Peschl West of Congress Avenue, North of the L-28 Canal Description: Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR) Serrano ~ Boynton (LUAR 03-002) (TABLED TO 6/3/03.) .]ulian Bryan Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) The Arches (LUAR 03-003) Nancy C. Graham, Urban Principles, LLC Contract Purchaser Boynton Ventures 1, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); and Request to rezone from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) For mixed use development (commercial and residential) The Arches (ABAN 03-002) Nancy C. Graham, Urban Principles, LLC Contract Purchaser - Boynton Ventures 1, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Agenda Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Description: F. Project: Agent: Owner: Location: Description: Request abandonment of a portion of that certain 20-foot wide alley lying adjacent to Lots ! through 4 and Lots l! through :14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Original Town of Boynton Club Ovation (COUS O3-OO2) Randy Grinter Randy Grinter, Tommy Pauletti, Tommy Kansler 3637 South Federal Highway Request for Conditional Use approval to competitions in a C-3 zoning district CZTY MANAGER'S REPORT: A. B. C. allow athletic Update on Fire Station #4 Land Purchase and Site Options Review of Fire Station #2 Location Options Discussion of Purchase of .laycee Park Parcel from Florida Inland Navigation District - suggested offer of $2.2M Discussion of Cash in Lieu Formula for Off-street Parking in CBD Area Discussion of Marina Development Agreement FUTURE AGENDA I'TEMS: A. C. D. E. F. G. H. ]:. Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms (.lune 3, 2003) Review of Haitian Alliance Church Site Plan (.lune 3, 2003) Report on Renewal of City Health Insurance Program (.lune 3 or .lune 17, 2003) Review of City Bidding Procedures (.lune 17, 2003) Review of Annexation Enclaves (.lune 17, 2003) Report on Bottling of City Water (.lune 17, 2003) Firefighter Sculpture Presentation (.luly 15, 2003) Budget Discussion Workshops (.luly 15, 16 and 17, 2003) Follow-up Meeting with CRA on Development Issues (August 2003) Agenda Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) First Budget Hearing (September 9, 2003) L. Second Budget Hearing (September 16, 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, :inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSZNESS: Approve the Special Event Permit request for Shepherd/Pearsall rehearsal dinner at Mangrove Walk at the Marina On August 1, 2003 Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting C. Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members LEGAL: A. Ordinances- 2nd Reading - PUBIJ:C HEARING Proposed Ordinance No. 03-016 Re: Amending the Land Development Regulations, Chapter 1. Definit'/ons, by adding definitions for: "Athletic Competitions," "Amusement Arcade," "Billiard Hall," "Bowling Alley," "Gymnasium/Health Club," "Shooting Range, :Indoor," "Skating Rink," and Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses Proposed Ordinance No. 03-017 Re: Amending Chapter 9, "Fire Protection and Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces B. Ordinances - 1~ Reading Proposed Ordinance No. 03-018 Re: Amending Part :ii! of the Code of Ordinances, entitled "Land Development Regulations," to provide for the City Engineer to take action with respect to technical services provided by the Engineering Division of the Department of Public 7 Agenda Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 XIII. XIV. Works and amending Part III to provide for language, and clarification of existing provisions C. Resolutions: None D, Other: 1. Set a closed-door session to discuss pending cases UNFINISHED BUSINESS: None ADJOURNMENT: the deletion of obsolete NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTI'Y SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EOUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 5/20/2003 10:09 AM S:\CC\WP\CCAGENDA~AGENDAS\YEAR 2003\052003 FINAL AGENDA..DOC 8 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MAY 6, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium May 6, 2003 CITY OF BO Y ¥TON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Weiland IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRZATE REQUEST FORM · GZVE Z'l' TO THE CZI'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME TI. INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: III. 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMMUNZTY & SPECIAL EVENTS~ & PRESENTATZONS: A. Announcements: 1. First Baptist Church Groundbreaking Ceremony - May 7, 2003 - 6:30 p.m. B. Community and Special Events Presentations: 1. Proclamations: a. National Public Works Week- May 18-24, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 IV. Civility Month - May 2003 Law Enforcement Appreciation Month - May 2003 Nurses' Week - May 5-9, 2003 ADM:[N:[STRAT~VE: Accept resignation from David Nyquist, Regular Member of Cemetery Board Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date Mayor Broening IV McKoy Mayor Brining III Ferguson Mayor Broening I Weiland Mayor Broening II McCray IV McKoy Mayor Broening Mayor Broening II McCray IV McKoy Mayor Broening I Weiland II McCray IV McKoy IV McKoy Mayor Broening II McCray I Weiland II McCray III Ferguson IV McKoy Mayor Broening III Ferguson IV McKoy Advisory Bd on Children & Youth Reg 2 yr term to 4/05 Advisory Bd on Children & Youth Alt i yr term to 4/04 Advisory Bd on Children & Youth Stu/Reg/Voting I yr term to 4/04 Bldg, Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt I yr term to 4/04 Reg 3 yr term to 4/06 Cemetery Board Alt 1 yr term to 4/04 Cemetery Board Reg 3 yr term to 4/06 Cemetery Board Reg 3 yr term to 4/05 Code Compliance Board Code Compliance Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Alt 1 yr term to 4/04 Alt i yr term to 4/04 Reg 3 yr term to 4/06 Alt i yr term to 4/04 Alt 1 yr term to 4/04 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Stu i yr term to 4/04 Library Board Alt I yr term to 4/04 Library Board Reg 3 yr term to 4/06 Library Board Alt I yr term to 4/04 Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Planning & Development Board Alt 1 yr term to 4/04 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Alt 1 yr term to 4/04 Alt ! yr term to 4/04 Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 :IV McKoy Recreation & Parks Board Reg Mayor Broening Recreation & Parks Board Reg 3 yr term to 4/06 Tabled (3) 3 yr term to 4/06 Tabled (3) Mayor Broening Senior Advisory Board Reg ]:]3: Ferguson Senior Advisory Board Alt 2 yr term to 4/05 Tabled (3) 1 yr term to 4/04 Tabled (3) IV McKoy Firefighters' Pension Trust Reg 2 yr term to 4/05 Tabled (3) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of April 14, 2003 Regular City Commission Meeting of April 15, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "SUPPLY & ]:NSTALL FI:RE SPR]:NKLER SYSTEM AT THE SENTOR CENTER," Bid #040-24:[3-03/C.1D, to SUMMERS FTRE SPRTNKLERS, ]:NC. of Boca Raton, Florida, in the amount of $55,900 (Proposed Resolution No. R03-072) Award the "RE-ROOF OF THE P]:STOL RANGE," Bid #039-2511-03/C]D, to MURTON ROOF]:NG CORP. of West Palm Beach, Florida, in the amount of $32,371 (Proposed Resolution No, RO3-O73) Award the "DES1~GN AND CONSTRUC'I-~ON ADM]:N]:STRAT]:ON SERV]:CES FOR F]:RE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH," RFP#019-2413-03/KR, to SYSTECH GROUP, ]:NC. of Reston, Va., in the amount of $14,400 per year - total cost over a five year period is $72,000 (Proposed Resolution No, RO3-O74) Rescind the award for "SEN]:OR CENTER EXERC]:SE ROOM," Bid #056- 2413-02/C]D to MASON CONSTRUCT]:ON in the amount of $24,682.50 (Proposed Resolution No. R03-075) C. Resolutions: Proposed Resolution No. R03-076 Re: Execution of Task Order No. 14, Amendment No. I in the amount of $246,579 to CH2M Hill, Inc. for the professional design, permitting, bidding, construction phase and resident observation services for NE 17TM Avenue Drainage Tmprovements and Water Main Replacement Project Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 Proposed Resolution No. R03-077 Re: Full release of the remaining surety for the water system improvements for the project known as Alouette, Inc., in the amount of $1,367.50 Proposed Resolution No. R03-078 Re: Execution of Amendment No. 3 to the Tndustrial Avenue Corridor Stormwater Improvements Project Consultant Agreement additional engineering expenses for Kimley-Horn &, Associates, ]:nc. (KHA) in an amount not to exceed $35,000 Proposed Resolution No. R03-079 Re: Agreement for Water Service Outside the City Limits with Deanna K. Bates as owner for the property located at 1103 James Road, Lantana, Florida (Lot 24, Hypoluxo Ridge) Proposed Resolution No. R03-080 Re: Renewing agreement between the City of Boynton Beach and Palm Beach Community College regarding training for EMT and Paramedic clinicals Proposed Resolution No. R03-081 Re: Approval of contract between 3EG Associates and the City of Boynton Beach to continue consulting services to the Heart of Boynton Project for $7,000 Proposed Resolution No. R03-O82 Re: Ratification of South Central Regional Wastewater Treatment 8~ Disposal Board action of April 17, 2003: Authorization to expend $7,746 from Repair &, Replacement Fund on an emergency basis for (2) submersible pumps for the plant's lift station Authorization to sign agreement with Widell, ]:nc. to provide Contracto¢ at Risk Services for a two-year period Authorization to expend $1,491,080 from Repair &, Replacement Funds for the following task orders: Widell Board H IA S Total 1. Repair Sanitaire $399,003 $68,000 $10,000 $ 477,003 Diffusers 2. Repair clarifier $439,010 $20,000 $10,000 $ 474,010 bridge 3. Repair channel in $223,685 $65,000 $10,000 $ 298,685 Screening Bldg. 4. Repair radiator & $ 41,382 $ 41,382 blower pipin9 5, Contingency $200~000 $ 200~000 TOTAL $1/103/080 $358/000 $30~000 $1/491/080 4 Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 VI. Authorization to enter into Contractor at Risk Agreement with Widell, :[nc. for: Task Order #1 for a not to exceed price of $399,033; Task Order #2 for a not to exceed price of $439,010; Task Order #3 for a not to exceed price of $223,685; Task Order #4 for a not to exceed price of $ 41,382; And authorization for Executive Director to sign and execute at time determined appropriate. Authorization to enter into contract with R..1. Sullivan Corp. for construction of 2 million gallon reclaimed storage tank in the amount of $835,010 D. Ratification of Planning & Development Board Action: Eckerd Drugs @ Target (HSPM 03-003), 1895 N. Congress Avenue, Target Shopping Center - Request for major site plan modification to reconfigure parking spaces in Parcel "A" of Target Commercial Center E. Ratification of CRA Action: None Permit placement by the Boynton Beach Veterans Council of memorial plaques at the base of selected trees in [ntracoastal Park CODE COMPLZANCE& LEGAL SETTLEMENTS: None PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMI'I'ED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Ao Project: Agent: Owner: Location: Description: Serrano @ Boynton (ANNEX 03-001) Paul Bach Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to annex a +9.74-acre parcel Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 Xw Project: Agent: Owner: Location: Description: Serrano ~ Boynton (LUAR 03-O02) Paul Bach Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR); and Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) Project: Agent: Owner: Location: Description: Eckerd Drugs @ Target (COUS 03-OOZ) Erik Wilczek, P.E., Kimley-Horn & Associates, Inc. Andrew Berger, American Development Corp. 1895 N. Congress Avenue, Target Shopping Center Request for conditional use approval for a drive-through facility in an existing 1:[,786 square foot building on a 2.27-acre parcel Project: Agent: Location: Request: Indoor Recreation Facilities/Athletic Competitions (CDRV 03-002) City Initiated C-3, Community Commercial and C-4, General Commercial Districts Amend the Land Development Regulations: :[) Chapter 1. Def/n/t/ons, by adding definitions for: "Athletic Competitions," "Amusement Arcade," "Billiard Hall," "Bowling Alley," "Gymnasium/Health Club," "Shooting Range, Indoor," "Skating Rink," and, 2) Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses reading of Proposed Ordinance No, 03-016) cTrY MANAGER'S REPORT: Consider the recision of the revocation of the Limited License Agreement for .lordan Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue B. City Manager Evaluation FUTURE AGENDA Z'rEMS: A. Update on Fire Station #4 Land Purchase and Site Options (May 20, 2003) B. Review of Fire Station #2 Location Options (May 20, 2003) Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 J. K. L. M. N. XT. Discussion of Purchase of ]aycee Park Parcel from Florida inland Navigation District (May 20, 2003) Discuss Cash in Lieu Formula for Off-street Parking in CBD Area with possible referral to CRA (May 20, 2003) Review of "Arches" Development in CBD (May 20, 2003) Discussion of Closure of Marina Development Agreement (May 20 or 3une 3, 2003) Follow-up Discussion on Capital l~mprovement Project Priorities and Funding Mechanisms (May 20 or June 3, 2003) Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members (May 20 or June 3, 2003) Review of Haitian Alliance Church Site Plan (3une 3, 2003) Review of City Bidding Procedures (June 17, 2003) Review of Annexation Enclaves (3une 17, 2003) Budget Discussion Workshops (July 15, 16 and :17, 2003) Follow-up Meeting with CRA on Development Tssues (August 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) First Budget Hearing (September 9, 2003) Second Budget Hearing (September 16, 2003) Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABI.£D ON MAR¢I.I .~B,, 2003,) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSZNESS: None Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 XII. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-015 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section 6.F.1, to include residential, single family, attached use as a conditional use in the mixed use-high intensity (MU-H) zoning district B. Ordinances - 1~ Reading Proposed Ordinance No. 03-017 Re: Amending Chapter 9, "Fire Protection and Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks"to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) (T,4BI.£D ON,4PR~TI. ~ 2003) XIV. AD]OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C~TY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET]NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TES-I-[MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILFI'Y AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.1OY THE BENEFITS OF A SERVICE, PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT .1OYCE COSTELLO~ (56:[) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FTNALAGENDA 5/6/2003 11:51AM S:\CC\WP\CCAGENDA\AGENDAS\Year 2003\050603 final agenda.doc The City of Boynton Beach City Clerk's Office lOO E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (562) 742-6090 e-mail: prainitoj@ei.boynton-beaeh.fl.us www.boynton-beach.org CITY COI~It-IISSION & COMMUNITY REDEVELOPMENT AGENCY WORKSHOP TUESDAY, APRIL 29, 2003 6:30 PM - LIBRARY PROGRAI~t ROOM AGENDA Introductions (5 minutes - all times below are approximates to guide length of meeting) Why are we doing this? (i.e. Redevelopment as an economic necessity) - (15 Minutes by Quintus Greene) The Issues Facing the City in the Core CBD Area am Overview of Pending Projects by Staff - Project Elements and Design (10 Minutes by Doug Hutchinson) b. Infrastructure Issues in CBD Area (10 Minutes by Kurt Bressner) c. Mixed-Use Zoning - Why does it work? (10 Minutes by Dick Hudson) d. Overview of the CRA Incentive Program (15 Minutes by Doug Hutchinson) fm Should new development help pay for impacts (Police, Fire, Traffic/Transportation, Cultural, Parking)? (15 Minutes by Kurt Bressner) Should a Downtown Development Authority Be Explored? (15 Minutes by Quintus Greene) The Role of the City and the CRA in the Heart of Boynton (15 Minutes by Wilfred Hawkins) Membership in the CRA - What are the Statutory Qualifications to Serve? Can a local community require additional qualifications? (15 Minutes by Jim Cherof) Is the Federal Highway Plan Working the way it should? (15 Minutes by Quintus Greene) 7. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'CrER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. imp S:\CC\WP\CCAGENDA\AGENDAS\Year 2003\042803 City Commission-CRA Workshop.doc America's Gateway to the Gulfstream April 15, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. III. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Mary Faith Nesmith, Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDMDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational ]Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPEC~.L EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events Presentations: 1. Proclamations: a. "Drinking Water Week" - May 4-10, 2003 Agenda Regular City Commission MeeUng Boynton Beach, Florida April 15, 2003 Appointment To Be Made ADMZNZSTRAI'WE: Appointments to be made: Community Development Week - April 21-27, 2003 Municipal Clerks Week - April 27 - May 3, 2003 Board Length of Term Expiration Date Mayor Broening I Weiland IV McKoy Mayor Broening I Weiland IV McKoy Mayor Broening I Weiland III Ferguson Mayor Broening I Weiland IV McKoy Mayor Broening I Weiland II McCray I Weiland I Weiland IV McKoy Mayor Broening I Weiland II McCray IV McKoy IV McKoy Mayor Broening ! Weiland II McCray I Weiland II McCray III Ferguson IV McKoy Advisory EM on Children & Youth Advisory EM on Children & Youth Advisory EM on Children & Youth Advisory EM on Children & Youth Advisory EM on Children & Youth Bldg. EM of Adj & Appeals Bldg. EM of Adj & Appeals Bldg, EM of Adj & Appeals Cemetery Board Cemetery Board Code Compliance Board Code Compliance Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Library Board Library Board Ubrary Board Library Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Reg Reg Alt Stu/Reg/Voting Stu/Reg/Voting Alt Reg Reg Alt Reg Reg Alt Reg Reg Alt Stu Reg Alt Reg Reg Reg Stu Alt Reg Reg Alt Alt Reg Reg Reg 2 yr term to 4/05 2 yr term to 4/05 1 yr term to 4/04 1 yr term to 4/04 I yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 I yr term to 2 yr term to 1 yr term to 2 yr term to 2 yr term to 2 yr term to 1 yr term to 1 yr term to 3 yr term to 3 yr term to 1 yr term to 1 yr term to 2 yr term to 2 yr term to 2 yr term to 4/04 4 I04 4 I04 4/05 4 I05 4 f05 4/04 4/04 4/06 4/06 4/04 4/04 4/05 4/05 4/05 Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Ta~le~(3) Tabled (2) Tabled (2) Tabled (3) Tab,od Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (3) Tabled (2) 'Fabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) TaUed (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) 2 Agenda Regular City Commission MeeUng Boynton Beach, Florida April 15~ 2003 Mayor Broening ! Weiland III Ferguson IV McKoy Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Reg 2 yr term to 4/05 Tabled (2) Peg 2 yr term to 4/05 Tabled (2) Alt 1 yr term to 4/04 Tabled (2) Alt 1 yr term to 4/04 Tabled (2) [V McKoy Mayor Broening I Weiland Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Reg 3 yr term to 4/06 Tabled (2) Reg 3 yr term to 4/06 Tabled (2) Reg 3 yr term to 4/06 Tabled (2) Mayor Broening I Weiland III Ferguson IV McKoy Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Reg 2 yr term to 4/05 Tabled (2) Reg 2 yr term to 4/05 Tabled (2) Alt i yr term to 4/04 Tabled (2) Alt ! yr term to 4/04 Tabled (2) IV McKoy Firefighters' Pension Trust Reg 2 yr term to 4/05 Tabled (2) VIII. PUBLIC HEAI~ING: Project: Agent: Owner: Location: Description: Boynton Beach Marina (CDRV 03-001) Lawrence 3ustiz, TRG-Boynton Beach, Ltd. TRG-Boynton Beach, Ltd. 743 N.E. 1st Avenue Request to amend the Land Development Regulations Chapter 2. Zoning, Section 6.F. MIXED USE ZONING DISTRICTS, TABLE 6F-l, Schedule of permitted principal, accessory and conditional uses TO INCLUDE residential, Single-Family, attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district (1sT reading of proposed Ordinance No. 03-015) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of March 31, 2003 Regular City Commission Meeting of April 1, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve Police Department purchase of a SWAT Ladder Shield from Southern Precision Armory in the amount of $1,813.50 2. Award "CO-OP ANHYDROUS AMMONIA," Bid #041-2821-03/CJD, to Tanner Industries, Inc. of Southhampton, Pa. In the amount of $15,900 Agenda Regular City Commission MeeUng Boynton Beach, Florida. April 15, 2003 for the City of Boynton Beach Utilities Department - Contract Period: Apdl 15, 2003 to April 14, 2004 Award the bid for "PURCHASE OF TWO NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS," Bid #027-2822-03/C.]D, to Ellis K. Phelps and Company of Apopka, Florida, in the amount of $85,504 (Each 110 HP Submersible Wastewater pump was quoted at $42,752) (Proposed Resolution No. R03-059) 4. Intentionally left blank Award the Consultant Agreement for "ARCHITECTURAl/ENGINEERING SERVICES FOR THE EXPANSION/REMODEL OF THE LIBRARY," RFQ#024- 2413-03/CJD to SCHENKEL & SCHULTZ, INC. of West Palm Beach, Florida, in the amount of $492,895 (Propo~,d Resolution No. RO3- 060) Resolutions: 1. Proposed Resolution No, RO3-O6Z Re: Execution of' Amendment No. 1 to Task Order No. 01-06 to Camp, Dresser & McKee (CDM) for additional engineering services for the Downtown Watershed Stormwater Improvements - Phase 2 of 3 project in the amount of $45,000 Proposed Resolution No, R03-062 Re: Execution of Task Order No. 01-11 with Utilities General Engineering Consultant, Camp Dresser & McKee, Inc. in the amount of $250,000 for the two-phase expansion of the West Water Treatment Plant (WWTP) Proposed Resolution No. R03-063 Re: Execution of Task Order #01-07 with Utilities General Engineering Consultants Metcalf & Eddy, Inc. in an amount not to exceed $70,092 with a $7,500 project contingency for engineering services for the preparation of the Utilities Department Vulnerability Assessment (VA) to comply with requirements of the United States Environmental Protection Agency (EPA) Proposed Resolution No. R03-064 Re: Release of a cash bond of $19,629.50 to Contractors Management Services, Inc. for the project known as High Ridge (Shell Buildings "A" and "B'~ proposed Resolution No. R03-065 Re: Approving the Neighborhood Assistance Program and Eligibility Requirements as administered by the City's Neighborhood Services Division of the City Manager's office Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Proposed Resolution No. R03-066 Re: Accepting a Quit Claim Deed from TOUSA Homes, :[nc. to the City of Boynton Beach for Tract 13, Quail Lake West Proposed Resolution No. R03-067 for technical support between the City Community Redevelopment Agency (CRA) Re: Approving agreement of Boynton Beach and the Proposed Resolution No. R03-068 Re: Accepting the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 03/04 - 05/06. These funds are for the continuation of the State Housing :[nitiatives Partnership (SH:[P) Program Proposed Resolution No. R03-069 Re: Animal Services Contract reimbursing the City for certain Animal Care & Control Services 10. Proposed Resolution No. R03-070 Re: Authorizing eminent domain proceedings for the acquisition of one parcel of land in order to construct a fire station ~ -. 11. Proposed Resolution No. R03-071 Re: Authorizing approval of the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, ]:nc. at a cost not to exceed $20,000 Ratification of Planning & Development Board Action: None Ratification of CRA Action: Schnars Business Center (ZNCV 03-002), 924 North Federal Highway - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article 1V, Section 1.A.3, requiring parking lot driveways to be located 120 feet from the intersection of the right--of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of :L07 feet from the intersection of Federal Highway and N.E. 9~ Avenue for a proposed office/retail building Boynton Beach Marina (MSPM O3-OO1), 743 N. E. 1st Avenue - Request for Major Site Plan Modification to increase multifamily units to 338 and add 12 townhouse units, decrease commercial/retail space to 24,591 square feet, increase garage parking spaces to 740 spaces, increase total project height to 168 feet and other related site modifications Agenda Regular City Commission MeeUng Boynton Beach, Florida April 15, 2003 Boynton Beach Marina (HTEX 03-002), 743 N. E. 1; Avenue - Request for Height Exception of 18 feet above the MU-H district limitation of 150 feet Vermeer Southeast Sales (LAAP 03-001), 1060 W. Industrial Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article 11, Section 5.E, buffer requirements, to avoid the requirement to install trees and a continuous hedge along the east (rear) perimeter Accept the written report to Commission of purchases over $10,000 for the month of March 2003 for informational purposes Approve the "SURPLUS EQUIPMENT LISTS' as submitted by staff and allow selling of same Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7~ to ~10th Avenue Stormwater Improvement Project~ (INCA Project) (TABLED TO APR. FL l~ 2003) V~. CODE COMPLIANCE & LEGAL SETTLEMENTS: Review of Code Compliance Lien Modification Order dated April 4, 2003 and motion to ratify or modify the Board's decision (Crystal M. Simpson - Case #98- 1571) Review of Code Compliance Lien Modification Order dated April 4, 2003 and motion to ratify or modify the Board's decision (.]effrey&. Beverly Annabel - Case #00-2856) V~[. PUBI.[C AUDIENCE: XNDMDUAL SPEAKERS WILL BE LIMITED TO. 3-MINUTE PRESENTATIONS PUBLIC HEARING: A. Project: Agent: Owner: Location: Description: 7:00 P. f4. OR AS SOON THEREAFTER AS THE AGENDA PERIqZTS Gateway Plaza (COUS 02-005) (*TABLED BY CZT'Y COiYM_r$$$ON TO APR:TL .~ 2003) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Xm CTrY MANAGER'S REPORT: A. Update on Heart of Boynton Project (Tab/ed to April 1~ 2003) Authorization for staff to apply for a HUD Section 108 Loan for the purpose of initiating Phase ]: property acquisition in the Heart of Boynton Community Redevelopment Area (Proposed Resolution No. R03-058) (~tom tab/ed to April ~ 2003) FUTURE AGENDA TrEMS: Review revocation of the license agreement between the City of Boynton Beach and .Jordan Wrecker Service (May 6, 2003) Proposed ordinance amending Chapter 9, "Fire Protection and PrevenUon," Section 9-18 "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces (May 6, 2003) ~ _, C. City Manager Evaluation Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED ON iYARCH 18, 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with .Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. RO3- ) NEW BUS~NESS: Discussion of the City's height allowances/restrictions along the Federal Highway Corridor LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARZNG Proposed Ordinance No. 03-011 Re: Amending the Comprehensive Plan Future Land use map to reclassify 49.695 acres of the Motorola DR]: from ]:ndustrial (]:ND) to Local Retail Commercial (LRC) Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Proposed Ordinance No. 03-012 Re: Rezoning 49.695 acres of the Motorola DRI from Planned Industrial Development to C-3 Community Commercial Proposed Ordinance No. 03-0:L3 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) (Beck's Towing & Recovery) Proposed Ordinance No. 03-014 Re: Rezoning property from C-4 General Commercial to M-1 Industrial (Beck's Towing & Recovery) Ordinances- 1~ Reading C. Resolutions: None D. Other: None UNFTNTSHED BUS]:NESS: X. TV. ADJOURNMENT: NOTICE ;F A PERSON DEC/DES TO APPEAL ANY DEC/SION MADE BY THE C1TY COMMLSSION WTTH RESPECT TO ANY MA'FI'ER CONS[DERED AT THLS MEE'I"[NG,, HE/SHE WILL NEED A RECORD OF THE PROCEEDtrNGS AND~, FOR SUCH PURPOSE~, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~, WHICH RECORD ]INCLUDES THE TES'T'[MONY AND EV]DENCE UPON WHZCH THE APPEAL IS TO BE BASED. (F,S. 286.01.05) THE CiTY SHALL FURNISH APPROPRIATE AUX[LJARY AZDS AND SERVICES WHERE NEC~:SSARY TO AFFORD AN INDW~DUAL WITH A DISABILrry AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERV~CE~ PROGRAM, OR A~ CONDUCTED BY THE cI'rY. PLEASE COm'ACT JOYCE COST'EU.O, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRZOR TO THE PROGRAM OR A~ IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg F]:NAL AGENDA 4/15/2003 7:44 AM S:\CC~WP~CCAGENDA',AGENDAS\YEAR 2003\041503 FINAL AGENDA.DOC 8 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA April 15, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening ~ B. Tnvocation - Rev. Mary Faith Nesmith:,,&se~ ran Church C. Pledge of Allegiance to the Flag~d Brd~e~ng L/ D. TF YOU WISH TO ABO~ES$~ CDlOlM~SS~ON: · GZVE z'r TO TH~~~L~ ~I~.~A~S) BEFORE THE'OPENINGS" PORTZON OF T LETED · COME TO THE P ~N ~MAYOR CALLS YOUR NAME INDIVIDUALS M~AK FOR THREE UNINTERRUPTED MINUTES. II. E. Agenda Approval: 1. Additions, Deletions, Corrections Adoption III. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNI'I'Y & SPECLAL EVENTS, & PRESENTATZONS: A. Announcements: B. Community and Special Events Presentations: 1. Proclamations: a. "Drinking Water Week" - May 4-10, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 b. Community Development Week - April 21-27, 2003 c. Municipal Clerks Week - April 27 - May 3, 2003 ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made .~d I Weiland ~qso~ dlo IV McKow /~Jso~l/. ~d[ Mayor Broening /)~:ivi~ry/E~lLoRI Ch~dren I Weiland A~iso~ Bd on Children IV Mayor ! McKoy Bldg. Bd of Adj & Appeals Alt Broening Bldg. 8d of Adj & Appeals Reg Weiland Bldg. Bd of Adj & Appeals Reg Length of Term Expiration Date. 2 yr term to 4/05 2 yr term to 4/05 i yr term to 4/04 I yr term to 4/04 i yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 III Ferguson Cemetery Board Alt Mayor Broening Cemetery Board Reg 1 yr term to 4/04 3 yr term to 4/06 I IV Weiland Code Compliance Board Reg McKoy Code Compliance Board Alt 3 yr term to 4/06 1 yr term to 4/04 Mayor Broening T Weiland McCray Community Relations Board Reg Community Relations Board Reg Community Relations Board Alt 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 I Weiland ! Weiland IV McKoy Mayor Broening ! Weiland II McCray IV McKoy Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Stu Reg Alt Reg Reg Reg Stu i yr term to 4/04 2 yr term to 4/04 1 yr term to 4/04 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 1 yr term to 4/04 !V McKoy Mayor Broening ! Weiland !I McCray Library Board Library Board Library Board Library Board Alt Reg Reg Alt i yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 I Weiland II McCray III Ferguson IV McKoy Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Alt Reg Reg Reg 1 yr term to 4/04 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (3) Tabled (2) Tabled (2) Tabled (3) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (3) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Mayor Broening I Weiland III Ferguson IV McKoy Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Alt I yr term to 4/04 Alt I yr term to 4/04 Tabled (2) Tabled (2) Tabled (2) Tabled (2) l:V McKoy Recreation & Parks Board Mayor Broening Recreation & Parks Board Weiland Recreation & Parks Board  ,layor Broening Senior Advisory Board Weiland Senior Advisory Board III Ferguson Senior Advis~"l~ IV McKoy Senio :lvi~or~:~ v. Tabled (2) Tabled (2) Tabled (2) Reg 3 yr term to 4/06 Reg ~ 3 yr term to 4/06 ~ R~~ 3 yr term to 4/06 eg 2 yr term to 4/05 2 yr term to 4/05 :L yr term to 4/04 :L yr term to 4/04 I..--'Keg 2 yr term to 4/05 Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Matters in this section the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of March 31, 2003 Regular City Commission Meeting of April 1, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve Police Department purchase of a SWAT Ladder Shield from Southern Precision Armory in the amount of $1,813.50 Award "CO-OP ANHYDROUS AMMONIA," Bid #041-2821-03/C]D, to Tanner Industries, Inc. of Southhampton, Pa. In the amount of $15,900 for the City of Boynton Beach Utilities Department - Contract Period: April 15, 2003 to April 14, 2004 Award the bid for "PURCHASE OF TWO NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS," Bid #027-2822-03/C]D, to Ellis K. Phelps and Company of Apopka, Florida, in the amount of $85,504 (Each 110 HP Submersible Wastewater pump was quoted at $42,752) (Proposed Resolution No. R03- ) Approve a one-year renewal of audit services contract to Ernst & Young, LLP, in the amount of $107,300 (Proposed Resolution No. R03- ) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Award the Consultant Agreement for "ARCHITECTURAl/ENGINEERING SERVICES FOR THE EXPANSION/REMODEL OF THE LIBRARY," RFO#024- 2413-03/C3D to SCHENKEL & SCHUL'I-Z, INC, of West Palm Beach, Florida, in the amount of $492,895 (Proposed Resolution No, R03- ) Resolutions: ~ ~ 1. Proposed Resolution No. RO~3 - e: Execution of Amendment No. 1 to ~ 9~1e >Nb. Camp, Dresser & McKee (CDM) for additional ~Y~Eer~n! ~trvicq~tlor the Downtown Watershed Stormwate~w ~-]H ~ 2 ~f13 project in the amount of 2. ~~ ~,~ Re: Execution of Task ~:~ , U~ilities General Engineering Consultant, Camp :nc. in the amount of $250,000 for the ~o-phase n ~he Water Treatment Plant (~P) West 3. P~po~d Resolution No. R03- Re: Execution of Task Order ~01-07 with Utilities General Engineering Consultan~ Hetcalf & Eddy, Inc. in an amount not to exceed $70,092 with a $7,500 proje~ contingency for engineering se~ices for the preparation of the Utilities DepaRment VulnerabiliW Assessment (VA) to comply with requiremen~ of the United States Environmental Prote~ion Agen~ (EPA) Proposed Resolution No. R03- Re: Release of a cash bond of $19,629.50 to Contractors Management Services, Inc. for the project known as High Ridge (Shell Buildings "A" and "B") Proposed Resolution No. R03- Re: Approving the Neighborhood Assistance Program and Eligibility Requirements as administered by the City's Neighborhood Services Division of the City Manager's office Proposed Resolution No. R03- Re: Accepting a Quit Claim Deed from TOUSA Homes, Inc. to the City of Boynton Beach for Tract 13, Quail Lake West Proposed Resolution No. R03- Re: for technical support between the City of Community Redevelopment Agency (CRA) Approving agreement Boynton Beach and the Proposed Resolution No. R03- Re: Local Housing Assistance Plan (LHAP) for State 05/06. These funds are for the continuation Initiatives Partnership (SHIP) Program Accepting the City's Fiscal Years 03/04 - of the State Housing Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Proposed Resolution No. R03- Re: Animal Services Contract reimbursing the City for certain Animal Care & Control Services 10. Proposed Resolution No. R03- Re: Authorizing eminent domain proceedings for the acquisition of one parcel of land in order to construct a fire station 11. Proposed Resolution No. R~J ~-'1" IRe: Authorizing approval of the Scope of Services/f~r tile ~ ~'41Fille Assessment Work Plan with Government Serv)ces 7r~u~, i~.~ CAO i~o:t to exceed $20,000 Ratification~None 1. ~ ~rs Business Center (ZNCV O3-O02), 924 No~h Federal Highway Request relief from the Ci~ of Boynton Beach Land Development Regulations, Chapter 6, A~icle IV, Se~ion 1.A.3, requiring parking lot driveways to be located 120 feet from the interse~ion of the right--of-way lines along stree~ of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the inte~e~ion of Federal Highway and N.E. 9th Avenue for a proposed o~ce/retail building Boynton Beach Marina (MSPM 03-OO1), 743 N. E. 1~t Avenue - Request for Major Site Plan Modification to increase multifamily units to 338 and add 12 townhouse units, decrease commercial/retail space to 24,591 square feet, increase garage parking spaces to 740 spaces, increase total project height to 168 feet and other related site modifications Boynton Beach Marina (HTEX 03-002), 743 N. E. ist Avenue - Request for Height Exception of 18 feet above the MU-H district limitation of 150 feet Vermeer Southeast Sales (LAAP 03-001), 1060 W. Industrial Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article 11, Section 5.E, buffer requirements, to avoid the requirement to install trees and a continuous hedge along the east (rear) perimeter Accept the written report to Commission of purchases over $10,000 for the month of March 2003 for informational purposes Approve the "SURPLUS EQUIPMENT LISTS" as submitted by staff and allow selling of same Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Tmprovement Project (TNCA Project) (TABLED TO APRIL :[~ 2003) SETTLEMENTS: VI. CODE COMPLIANCE & LEGAL ~io~~er A. LL_j~ dated April 4, 2003 and Review of Code Compliance motion to ratify or modify thE1571)) ~/-AI~B°~ 'l d~on ~stal M. Simpson - Case #98- B. Review ~~:).~.l~nc¢; ~ !~di~c.a.tion Order dated April 4, 2003 and motion ~o~t~ ~l.mr~Odif~ t~e ~ Idcfecision (.]effrey IA Beverly Annabel- Case VII. PUBLIC AUDIIE~Ey INDIVIDUAL S~¢KERS WILL BE LIMrrED TO 3-MINUTE PRESENTATIONS VIII, PUBLIC HEARING: 7:00 P.l~l. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) (TABLED BY CJ'TY COHH.~$$_roN TO APR.~L :[~ 2003) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PTD) Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel Project: Agent: Owner: Location: Description: Boynton Beach Marina (CDRV O3-001) Lawrence 3ustiz, TRG-Boynton Beach, Ltd. TRG-Boynton Beach, Ltd. 743 N.E. 1st Avenue Request to amend the Land Development Regulations Chapter 2. Zoning, Section 6.F. MTXED USE ZONTNG DISTRICTS, TABLE 6F-1, Schedule of permitted principal, accessory and conditional uses TO TNCLUDE residential, Single-Family, attached use as a permitted use in the Mixed Use-High [ntensity (MU-H) zoning district cTrY MANAGER'S REPORT: A. Update on Heart of Boynton Project (Tabled to April l~ 2003) Agenda Regular City Commission Heeting Boynton Beach, Florida April 15, 2003 XI. XII. Authorization for staff to apply for a HUD Section 108 Loan for the purpose of initiating Phase I property acquisition in the Heart of Boynton Community Redevelopment Area (Proposed Resolution No. R03-058) ('JYem ~b/ed t~ April l~ 2003) FUTURE AGENDA ITEf4S: Review revocation of the licens~e.~ and Jordan Wrecker Service (l~lay! Proposed Section special spaces Worksh ~rd~ expand '~~ ~the City of Boynton Beach 9, "F~ ~J Protection and Prevention," prohibition of the use of pyrotechnic IoS~evices inside buildings or other enclosed Cemetery options and proposal by Cemetery Board to .~ry west into Little League Park (Summer 2003) Proposed Resolution No. RO3-O17 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED ON I~'IARCH f_8~ 2005.) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No, R03- ) F. FRA Whistle Ban - Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking NEW BUSINESS: Discussion of the City's height allowances/restrictions along the Federal Highway Corridor LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 03-011 Re: Amending the Comprehensive Plan Future Land use map to reclassify 49.695 acres of the Motorola DRI from Industrial (IND) to Local Retail Commercial (LRC) Proposed Ordinance No. 03-012 Re: Rezoning 49.695 acres of the Motorola DRI from Planned Industrial Development to C-3 Community Commercial 7 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 Proposed Ordinance No, 03-013 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) (Beck's Towing & Recovery) 4. Proposed Ordinance No. 03-014 Re: Rezoning property from C-4 General Commercial to M-1 ~J~ijJstrial (Beck's Towing & Recovery) ~~:' ~: Ordinances - Ist Reading /] I 1. I I~'e: Amending the Land 2~ng, Section 6.F. Mixed Use le of permitted principal, accessory  c~l~sidential, Single-Family, attached use as Use-High Intensity (MU-H) zoning district Resoluti~ ~ None D. Other: None XIII. UNFINISHED BUSINESS: XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F,S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILLARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W~I'H A DISABILITy AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (56'~) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CI-Pf TO REASONABLY ACCOMMODATE YOUR REQUEST. bg DRAFT AGENDA 4/10/2003 1:46 PM S :\CC\W P\C CAGE N DA~,AG EN DAS\YEAR 2003\041503. DOC 8 April 1, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner McKoy YOU WTSH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRZATE REC~UEST FORM GIVE IT TO THE CIT~ CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME II. LNDZVZDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. IlL Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNZTY & SPECIAL EVENTS, & PRESENTATZONS: A. Announcements: 1. Provide status report on supplies for Company D (Delta Demons) of 2nd Battalion, 327m Infantry Regiment of 101st Airborne Division, United States Army B. Community and Special Events Presentations: 1. Proclamations: a. International Building Safety Week - April 6-12, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 IV. A. Appointment To Be Made 2. Presentation to Boynton Team ADMINISTRATIVE: Appointments to be made: Arbor Day - April 25, 2003 Boynton Bay Apartments - Tribute National Library Week- April 6-12, 2003 Fair Housing Month - Apdl 2003 Month of the Young Child - April 2003 Parents' and Children's Day Beach Community High Board School Boys Length of Term Expiration Date Basketball IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy IV McKoy Mayor Broening I Weiland Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Cemetery Board Cemetery Board Cemetery Board Code Compliance Board Code Compliance Board Code Compliance Board Code Compliance Board Community Relations Board Community Relations Board Community Relations Board 2 Reg Reg Reg Reg Alt Alt Stu/Reg/Voting Stu/Reg/Voting Stu/NonVoting Alt Reg Reg Alt Alt Reg Reg Reg Reg Alt Alt Reg Reg Reg 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 ! yr term to 4/04 1 yr term to 4/04 :1 yr term to 4/04 1 yr term to 4/04 :1 yr term to 4/04 i yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 I yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 3 yr term to 4/06 3 yr term to 4/06 i yr term to 4/04 i yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 3 yr term to 4/06 Tabled (3) Tabled (2) Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 II McCray III Ferguson Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy IV McKoy Mayor Broening I Weiland II McCray I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy III Ferguson IV McKoy II McCray III Ferguson Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Library Board Library Board Library Board Library Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Firefighters' Pension Trust Firefighters' Pension Trust Police Officers' Retirement Trust Police Officers' Retirement Trust Alt Alt Stu Reg Reg Reg Alt Reg Reg Reg Alt Stu Alt Reg Reg Alt Alt Reg Reg Reg Reg Reg Reg Alt Alt Alt Reg Reg Reg Reg Alt Reg Reg Reg Reg Alt Alt Reg Reg Reg Reg 1 2 2 2 1 2 2 2 1 1 1 3 3 1 1 2 2 2 yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term yr term 2 yr 2 yr 2 yr i yr i yr i yr 3 yr 3 yr 3 yr 3 yr i yr 2 yr 2 yr 2 yr 2 yr I yr I yr 2 yr 2 yr 2 yr 2 yr term term term term term term term term term term term term term term term term term term term term term to 4/04 to 4/04 to 4/04 to 4/04 to 4/04 to 4/05 to 4/04 to 4/05 to 4/05 to 4/05 to 4/04 to 4/04 to 4/04 to 4~06 to 4/06 to 4/04 to 4/04 to 4/05 to 4/o5 to 4/05 to 4/05 to 4/05 to 4/05 to 4/04 to 4/04 to 4/04 to 4/06 to 4/06 to 4/06 to 4/06 to 4/04 to 4/05 to 4/05 to 4/05 to 4/05 to 4/04 to 4/04 to 4/05 to 4/05 to 4/05 to 4/05 Tabled (3) Tabled (2) Tabled (3) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1~ 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of March 17, 2003 Regular City Commission Meeting of March 18, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve purchase of 2 SWAT tactical rifles from SRT Supply Inc. in the amount of $3,353 (sole source) Authorize the Library Director to negotiate a contract with the #1 ranked architect/engineering consultant, Schenkel and Schultz Architects, Inc. of West Palm Beach, FL, to provide architectural/engineering services for the Library Expansion/Remodel Award the "PURCHASE OF ONE NEW AND UNUSED 16 FOOT ALUMINUM BODIED STEP VAN," Bid #036-2516-03/C]D, to SHEEHAN GMC of Lighthouse Point, Florida, in the amount of $39,998.94 Award the "PURCHASE OF ONE NEW AND UNUSED CONTAINER HAULER TO INCLUDE OP'I-[ONAL EQUIPMENT," Bid #038-2516-03/C3D, to Palm Peterbilt - GMC Trucks, Inc. of Ft. Lauderdale, Florida, in the amount of $56,900 Award Bid #032-2413-03/C]D, DESIGN/BUILD SERVICES FOR SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT, to Douglas N. Higgins, Inc., and execute a contract in the amount of $519,622.50 plus approve an owner's contingency of 10% in the amount of $51,962.25 for a total project budget appropriation of $571,584.75 (Proposed Resolution No. RO3-O47) C. Resolutions: Proposed Resolution No. R03-048 Re: Agreement between the City of Boynton Beach, dba The Links at Boynton Beach Golf Course, and Golf Digest to allow participation in their Golf Digest Players Club Proposed Resolution No. R03-049 Re: Execution of Task Order #24 with Utilities General Engineering Consultant, CH2M Hill, in an amount up to, but not to exceed, $135,404 for engineering services for 4 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 the design, permitting, bidding, and construction management services for the replacement of two surficial aquifer wells in our eastern wellfield Proposed Resolution No. R03-050 Re: Execution of the Tnterlocal Agreement between the Northern Palm Beach County Tmprovement District and 39 other Palm beach County governmental entities (including the City of Boynton Beach) Proposed Resolution No. R03-051 Re: Authorizing the Boynton Beach Recreation and Parks Board to accept, review, and forward to City Commission for approval by resolution, applications for the naming of City parks, facilities, buildings, and open spaces Proposed Resolution No, R03-052 Re: Approving a 4.5% hourly rate increase for Camp, Dresser, McKee, ]~nc., CH2M Hill, Hartman & Associates, Inc., and Metcalf & Eddy as allowed in the Agreement for General Engineering Consulting Services executed October 4, 2000 6. ]:ntentionally left blank Proposed Resolution No. R03-053 Re: Approval of contract renewal with Gallagher Bassett Services, Inc. for period October 1, 2002 through September 30, 2003, in the amount of $22,29l for provision of insurance claims adjustment services Proposed Resolution No. R03-054 Re: Accepting the modification to increase the square footage of sovereign submerged lands easement from the Board of Trustees of the ]:nternal ]:mprovement Trust Fund (T. LT.F.) to allow waterway access to the ]:ntracoastal Waterway from Boat Club Park Proposed Resolution No. R03-055 Re: Approval of Subordination of Easement to Declaration of Restrictive Covenant for DSS Properties, LLC/Two Georges Restaurant 10. Proposed Resolution No. R03-056 Re: School Concurrency Interlocal Agreement Changes to the 11. Proposed Resolution No. R03-057 existing Building Division Fee Schedule Re: Modification to the Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 D. Ratification of Planning &, Development Board Action: Boynton Lakes/Hastings Lane (MPMD 03-O01), 22 Hastings Lane/40 Hastings Lane, Boynton Lakes PUD - Request to amend the Boynton Lakes PUD Master Plan to reduce the rear yard setback from 10 feet to 2 feet for Lots #22 and #13, Block 10 of Plat No. 4 of Boynton Lakes North PUD, to allow the construction of hard-roof room additions ~ Industries, Inc. (USAP 03-00:1.), Premier Gateway Center @Quantum Park (Lots 32-38) - Request for use approval for assembly and distribution of reverse osmosis and desalination equipment on lots designated "Industrial" in the Quantum Park PID E. Ratification of CRA Action: None Approve a donation of $3,000 to the Gulfstream Council of the Boy Scouts of America from the law enforcement trust fund VI. CODE COMPLIANCE & LEGAL SEI'rLEMENTS: None VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. IX. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Gateway Plaza (COUS 02-005) (TABLED BY CZ'I'Y COI~III,II$$ION TO API~L .~, 2003) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Description: Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel CITY MANAGER'S REPORT: A. Update on Heart of Boynton Project (Item to be tabled to 4/15/03) Bo Authorization for staff to apply for a HUD Section 108 Loan for the purpose of initiating Phase I property acquisition in the Heart of Boynton Community Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 Redevelopment Area (Proposed Resolution No. R03-058) (Item to be tabled to 4/15/03) Aw XI. XII. FUTURE AGENDA 1TEMS: Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $20,000 (April 15, 2003) Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) (T,4BI.£D TO APRIl. .~ 2003) Discussion of the City's height allowances/restrictions along the Federal Highway Corddor (April 15, 2003) Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (May 6, 2003) Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABl.£D O/V/I/ARC//lg, 2005.) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) H. FRA Whistle Ban Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking NEW BUSINESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and Rol-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 Proposed Ordinance No. O3-OO7 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton (Tabled to I~faz~h l~ 2005) Proposed Ordinance No. 03-010 Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 11.0 to restrict self-storage facilities to the M-1 Industrial zoning district; to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) Ordinances - ist Reading Proposed Ordinance No. 03-011 Re: Amending the Comprehensive Plan Future Land use map to reclassify 49.69~ acres of the Motorola DRI from Industrial (IND) to Local Retail Commercial (LRC) Proposed Ordinance No. 03-012 acres of the Motorola DRI from Commercial Re: Rezoning 49.695 M-1 Industrial to C-3 Community Proposed Ordinance No. 03-013 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (CC) to Industrial (I) (Beck's Towing & Recovery) Proposed Ordinance No. 03-014 Re: Rezoning property from C-4 General Commercial to M-1 Industrial (Beck's Towing & Recovery) Resolutions: None Other: None 8 Agenda Regular City Commission Heeting Boynton Beach, Florida April 1, 2003 XIII. UNFINISHED BUSINESS: None XIV. AD3OURNMENT: NOTLCE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COMMISSION WiTH RESPECT TO ANY MAT[ER CONSIDERED AT THIS MEE'~NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR Ac-riV~TY IN ORDER FOR THE C~'I-Y TO REASONABLY ACCOMMODATE YOUR REQUEST. bg F]:NAL AGENDA 4/1/2003 8:09 AM S:\CC\WP\OCAGENDA\AGENDAS\YEAR 2003\040103 FINAL AGENDA REVISED.DOC 9 April 1, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Rev, Dr. Marshall Cook B~ss~n~Ongregational Pledge of Allegiance to the Flag~J~d~i ~r McKoy Church D. IF YOU WISH TOJ~i~ES: , I: I\ · FILL OUT THE A U~ !~'~ . · GIYE IT TO TH I:~. ,) BEFORE THE "OPENINGS" PORTION OF T i C(~ ~PLETED INDIVIDUALS M Y~y..~EAK FOR THREE UNINTERRUPTED MINUTES. II, III. Agenda Approval: Additions, Deletions, Corrections Adoption 1. 2. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTA'rZONS: A. Announcements: B. Community and Special Events Presentations: 1. Proclamations: a. International Building Safety Week - April 6-12, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 b. Arbor Day - April 25, 2003 c. Boynton Bay Apartments - Tribute d. National Library Week - April 6-12, 2~ e. Fair Housing Month - A~~., /'  f. IVlonth of the Y~ChII~ ~]]~ril t~] Ir/_] 2. __P~ti n/to~i_.~B~cr~ ~ommu~ High ~ Appoint~ ~made: Appointment To Be Made Board School Boys Basketball Length of Term Expiration Date IV McKoy Advisory Bd on Children & Youth Reg Mayor Broening Advisory Bd on Children & Youth Reg I Weiland Advisory Bd on Children & Youth Reg T! McCray Advisory Bd on Children & Youth Reg III Ferguson Advisory Bd on Children & Youth Alt IV McKoy Advisory Bd on Children & Youth Alt Mayor Broening Advisory Bd on Children & Youth Stu/Reg/Voting I Weiland Advisory Bd on Children & Youth Stu/Reg/Voting II McCray Advisory Bd on Children & Youth Stu/NonVoting IV McKoy Bldg, Bd of Adj & Appeals Alt Mayor Broening Bldg, Bd of Adj & Appeals Reg I Weiland Bldg. Bd of Adj & Appeals Reg II McCray Bldg. Bd of Adj & Appeals Alt III Ferguson Cemetery Board Alt IV McKoy Cemetery Board Reg Mayor Broening Cemetery Board Reg I Weiland Code Compliance Board Reg II McCray Code Compliance Board Reg III Ferguson Code Compliance Board Alt IV McKoy Code Compliance Board Alt IV McKoy Community Relations Board Reg Mayor Broening Community Relations Board Reg I Weiland Community Relations Board Reg II McCray Community Relations Board Alt III Ferguson Community Relations Board Alt 2 yr term 2 yr term 2 yr term 2 yr term :1 yr term :1 yr term :1 yr term :1 yr term :1 yr term :1 yr term 3 yr term 3 yr term :1 yr term :1 yr term 3 yr term 3 yr term 3 yr term 3 yr term :1 yr term :1 yr term 3 yr term 3 yr term 3 yr term :1 yr term :1 yr term to 4 I05 to 4 I05 to 4 f05 to 4 f05 to 4 f04 to 4104 to 4 ~04 to 4104 to 4 ~04 to 4/04 to 4/06 to 4/06 to 4/04 to 4/04 to 4/06 to 4/06 to 4/06 to 4/06 to 4/04 to 4/04 to 4~06 to 4/06 to 4/O6 to 4/04 to 4/04 Tab~ed (3) Tabled (2) Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy IV McKoy Mayor Broening I Weiland II McCray I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy III Ferguson IV McKoy II McCray III Ferguson Education Advisory Board Stu Education Advisory Board Reg Education Advisory Board Reg Education Advisory Board Reg Education Advisory Board Alt Education Advisory Board Reg Education Advisory Board Re ~ Education Advisory Board Education Advisory Board~...~ Education Advisory Boarc~ \ eg Alt ~s3~C~A~me~ Board Alt I~ui~. n~ AIJatement Board Reg I~J~'~nce Abatement Board Reg Nuisance Abatement Board Reg Planning & Development Board Reg Planning & Development Board Reg Planning & Development Board Reg Planning & Development Board Alt Planning & Development Board Alt Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Alt Reg Reg Reg Reg Alt Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Reg Reg Reg Reg Alt Alt Firefighters' Pension Trust Firefighters' Pension Trust Reg Reg Police Officers' Retirement Trust Police Officers' Retirement Trust Reg Reg i yr 2 yr 2 yr 2 yr i yr 2 yr 2 yr 2 yr I yr i yr i yr 3 yr 3 yr I yr i yr 2 yr 2 yr 2 yr 2 yr 2 yr 2 yr i yr i yr 1 yr 3 yr 3 yr 3 yr 3 yr I yr 2 yr 2 yr 2 yr 2 yr i yr 1 yr 2 yr 2 yr 2 yr 2 yr term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term term to 4/04 to 4/04 to 4/04 to 4/05 to 4/04 to 4/05 to 4/05 to 4/05 to 4/04 to 4/04 to 4/04 to 4/06 to 4/06 to 4/04 to 4/04 to 4/05 to 4/05 to 4/05 to 4/05 to 4/05 to 4/05 to 4/04 to 4/04 to 4/04 to 4/06 to 4/06 to 4/06 to 4/06 to 4/04 to 4/05 to 4/05 to 4/05 to 4/05 to 4/04 to 4/04 to 4/05 to 4/05 to 4/05 to 4/05 Tabled (3) Tabled (2) Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Confere~E 2. Regular City CommissiOn M,~ :In ,or~l~ 'clh 8, 2003 Bids and P~_ ,~~cllAl :~1 men /~ roval- AIl expenditures are approve~ n thE\: I~0~-~;~ ~ ~U get 1. ~ :~'~E ~ ~rct~.se....'~..2' S~AT tactical rifles from SRT Supply Inc. in the 15 ]3 ,e source) 2.'/~ 'J~ize th~-e Library Director to negotiate a contract with the #1 ranked architect/engineering consultant, Schenkel and Schultz Architects, Inc. of West Palm Beach, FL, to provide architectural/engineering services for the Library Expansion/Remodel Award the "PURCHASE OF ONE NEW AND UNUSED 16 FOOT ALUMINUM BODIED STEP VAN," Bid #036-2516-03/C3D, to SHEEHAN GMC of Lighthouse Point, Florida, in the amount of $39,998.94 Award the "PURCHASE OF ONE NEVV AND UNUSED CONTAINER HAULER TO INCLUDE OP'I-[ONAL EQUIPMENT," Bid #038-2516-03/C,]D, to Palm Peterbilt - GMC Trucks, Inc. of Ft. Lauderdale, Florida, in the amount of $56,900 Award Bid #032-2413-03/C]D, DESTGN/BUILD SERVICES FOR SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT, to Douglas N. Higgins, Inc., and execute a contract in the amount of $519,622.50 plus approve an owner's contingency of 10% in the amount of $51,962.25 for a total project budget appropriation of $571,584.75 (Proposed Resolution No. R03- ) C. Resolutions: Proposed Resolution No. R03- Re: Agreement between the City of Boynton Beach, dba The Links at Boynton Beach Golf Course, and Golf Digest to allow participation in their Golf Digest Players Club Proposed Resolution No. RO3- Re: Execution of Task Order #24 with Utilities General Engineering Consultant, CH2M Hill, in an amount up to, but not to exceed, $135,404 for engineering services for 4 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 the design, permitting, bidding, and construction management services for the replacement of two surficial aquifer wells in our eastern wellfield 3. Proposed Resolution No. R03- Re: Execution of the :[nterlocal Agreement between the Northern Palm Beach County Tmprovement District and 39 other _Pal?.~ch County governmental entities (including the City of Boynton~ ~) ~1 Boynton Beach Recr~tio~ ~ndM~rks I Bc~ard to accept, review, and forward to~rr ~i~io~ f~r ~rov~l~y resolution, applications for ~n p, ~/.~fa~lilel, buildi~, and open spaces: · I~~JR~:~ti .~~- Approving a I~ou~rly} ra~ i~i~a~ ~ Camp, Dresser, HcKee, ]:nc., CH2M Hill, Hartman  :[r~., and Metcalf & Eddy as allowed in the Agreement for eering Consulting Services executed October 4, 2000 6. Proposed Resolution No. R03- Re: Approving the Neighborhood Assistance Program and Eligibility Requirements as administered by the City's Neighborhood Services Division of the City Nanager's office Proposed Resolution No. R03- Re: Approval of contract renewal with Gallagher Bassett Services, Tnc. for period October 1, 2002 through September 30, 2003, in the amount of $22,291 - renewal of contract originally approved under Resolution No. R00-152 dated November 8, 2000 Proposed Resolution No. R03- Re: Accepting the modification to increase the square footage of sovereign submerged lands easement from the Board of Trustees of the ]:nternal ]~mprovement Trust Fund (T.:[.]:.F.) to allow waterway access to the ]:ntracoastal Waterway from Boat Club Park Proposed Resolution No. R03- Re: Approval of ~'~/~_ Subordination of Easement to Declaration of Restrictive Covenant for DSS ~'.¢~..Properties, LLC/Two Georges Restaurant ~0~_/J~'~roposed Resolution No. R03- Re: Authorizing staff to ~,~.~ apply for a HUD Section 108 Loan for the purpose of initiating Phase ! /~ property acquisitiqn in the I-l~art of Boy~;on Community Redevelopment ~' Area ~ ~ ~ ~-- ~, ~ ~'~/~ ~ 11. Proposed Resolution No. R03- Re: Changes to the School Concurrency ~nterlocal Agreement Agenda Regular City Commission Meeting Boynton Beach, Florida Proposed Resolution No. R03- existing Building Division Fee Schedule Re: Ratification of Planning & Development Board Action: IP~-~c~a~e to the Eo Ratifica' : None Boynton Lakes/Hastings Lane (MPFLDi 03-001), 22 Hastings Lane/40 Hastings Lane, Boynton L_alf, es~t ~- Request to amend the Boynton Lakes PUD Master Pla~:~r ~l~e ~ ~e rear yard setback from 10 feet to 2 feet for ko~2 ~,~d ~/~1~ ~0 of Plat No. ~ of Boynton Lakes No~h PUD, to a~h,, ~o~i~ ~.r hard-roof room additions ~ I~t ~ (~ ~ 03-0~, Premier Gateway Center _ ].-JRequest for use approval for assembly ~v~~sis and desalination equipment on Io~ ~ in the Quantum Park PID Approve a donation of $3,000 to the Gulfstream Council of the Boy Scouts of America from the law enforcement trust fund V/. CODE COMPLTANCE & LEGAL SEI'rLEMENTS: None PUBLTC AUDTENCE: INDI'V~DUAL SPEAKERS WTLL BE LTMI'TED TO 3-MINUTE PRESENTATIONS VTTI'. PUBLTC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Gateway Plaza (COUS 02-005) (TABLED BY' CITY ¢OHHI$$IOIV TO APRIL :l~ 2003.) H. Burton Smith, P.E. IGNB Charitable Trust Lot 91 - Quantum Park PXD (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) Description: Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel ]:X. CITY MANAGER'S REPORT: Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 XI. XII. FUTURE AGENDA TI'EMS: Ao Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10TM Avenue Sto~:m~vater Improvement Project (INCA Project) (TABI.ED TO APR.rl. 1.~, 20~a~)~~: :: Review revocation of the licens~e,~agr~-n~_ be/~t~n the Ci~ of Boynton Beach and ]ordan Wrecker Se~ice q~, ~ Workshop~rd~el ¢o~ti~n~ and p~osal by Cemetew Board to expand ~mete~ ~n~ [ ~Le~elPark (Summer 2003) ~ropo~~l ~¢ Re: ~rohibitin~ any match or pro~ra~ o[ ~c~ o~c 'essional boxing, kickboxin~, or mixed ma~ial a~ within t ice, al boundaries o~ the CiW (r~B~o o~ ~CH 18~ 200JJ ~pprove Communi~ Development Block Grant (CDBG) Sub-Grantee ~reement with Juvenile lransition Center, Inc. of Boynton Beach in the amount o~ $7,500 {~ro~sed Re~lution ~o. RO$- ) F. FRA Whistle Ban - Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking NEW BUSINESS: None LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and R-1-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) Proposed Ordinance No. 03-007 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton (Tab/ed to Hatch 18, 2003) Proposed Ordinance No. 03-010 Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 11.O to restrict self-storage facilities to the M-1 Industrial zoning district; to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES) to remove all Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) Bo Ordinances - 1~t Reading 1. Proposed Ordinance No. 03-/~ L~ IR~: Amending the Comprehensive Plan Fu..t.u~e L~nc~l~_e ml PltO reclassify 49.695 acres of the Motorola DRT from~ndl~strlal (.~Nlp) tc~ L~cal Retail Commercial (LRC) Pro, J;l~ ~-F''~ URe: Rezoning 49.695 ~ es o[~ ~h~L,,M~co -1 Industrial to C-3 Community (~C ~eqi~l.....~ ~ //.~'~.3er i I~1 ~l~s~dl-~dl~~3- Re: Amending the ~c .t~pr~he_ .~~.F. ut_ure _l_and Use Map from General Commercial (GC) t~ ~fustrial (I) (Beck's Towing 8~ Recovery) Proposed Ordinance No. 03- Re: Rezoning property from C-4 General Commercial to M-1 Industrial (Beck's Towing & Recovery) C. Resolutions: None D. Other: None XIII, UNFINISHED BUSINESS: None XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAll-ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBA'r[M RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTT'Y SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EOUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg DRAFT AGENDA 3/21/2003 3:11 PM S:\CC\W P\CCAG EN DAnG EN DAS\YEAR 200:3\040103. DOC 8 CITY OF BO YNTON BEA CH SP EC~ L CI~ :CO~SsION MEETING:TuesdaY; : Sep~ember i6, 2003 at 6:00 p.m. ::-:::Cnambers.atC:~'ty:HaH::: FINAL Budget Public Hearing:for Fisc~ Year 2003/04 Suaget: for: Fisc~: Ye~ 2003/04 SECONDR.eading°fProposed Ordnance N°: 03-~1 : Adopting A ~al Budget for ~C~Year 2003/04: Septemb~ I. 0~$ Call to Order - Mayor Gerald Broening Invocation - Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Vice Mayor Ferguson 6:30 P.M. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 'rT. OTHER: IlL TV. A. Appointment To Be Made A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNrrY & SP~EVENT$, & PRESENTATIONS: A. Announcements: B. Commu C. Presentations: 1. Proclamations: Fire Prevention Week- October 5-11, 2003 National Customer Service Week - October 6-10, 2003 Presentation by the Education Advisory Board concerning their Principal for a Day project ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date IV McKoy Mayor Broening III Ferguson Mayor Broening II McCray II McCray II McCray II McCray III Ferguson IV McKoy Mayor Broening Advisory Bd on Children & Youth Alt Advisory Bd on Children & Youth Stu/NonVoting Advisory Bd on Children & Youth Reg Bldg, Bd of Adj & Appeals Alt Code Compliance Board Alt Education Advisory Board Stu Library Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Reg Recreation & Parks Board Reg 2 1 yr term to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (2) 2 yr term to 4/04 Tabled (3) 1 yr term to 4/04 Tabled (3) 1 yr term to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (2) I yr term to 4/04 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) 3 yr term to 4/06 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for indicated in item, with all of the accompanying "Consent Agenda" approval of the action ,SUD'~e~cht material to become a part of the Public Record and o staff comments. A. Minutes: r~i~ 1. Rear September 2, 2003 2. ~.~7:~~eeting of September 4, 2003 B. Bids ar~~'~racts - Recommend Approval - All expenditures are approve~ei~02-2003 Adopted Budget 1. Award the "ANNUAL SUPPLY OF SULFURIC ACID," Bid #082-2821-03/.7A, to Sulfuric Acid Trading Company (SATCO) of Tampa, Florida, for an estimated annual expenditure of $120,000 C. Resolutions: Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 (Tabled on 8/19/03 - Request table to Proposed Resolution No. R03- Re: Agreement with the State Department of Environmental Protection in furtherance of an approved outdoor recreation project (Southeast Neighborhood Park) Proposed Resolution No. R03- Re: Agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project ., Proposed Resolution No. R03- Re: Appointing the Palm Beach County Supervisor of Elections to handle and canvas all absentee ballots for the November 4, 2003 General Election and, if necessary, the November 18, 2003 Run-Off Election, to represent the Municipal Canvassing Board at all Logic & Accuracy Tests and to certify the election results D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None 3 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 VI. VII. Approval of one-year renewal of programs for property and casualty insurance and support service Ge Ho covering sewer Approve reduction of surety ~ water and systems for the project known as Leider P.U.D. y Bay), reducing the existing surety requirement of $:[,29:[,910 do the new value of $129,000 Release cash b°n"qJ;:b°f~ $~0T~ ~:~~G yntOn Beach' Ltd' fOr the prOject knOwni.' as the Marl!3 ~ s~il~'~ ~k Approv~t~ I~st-df top ranking qualifiers identified by the Evaluation Committee from th~e~, ponses received to the Request for Qualifications (RFQ) #065-282:[- 03/CJD, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach"; and authorize the Utilities Department to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute #287.055, Consultants' Competitive Negotiations Act Approve Cardiac Monitor/defibrillator Service Agreement Addendum (Medtronic PhysioControl, Inc.) Authorize the use of $2,500 of Community Investment Funds for the YMCA Partners With Youth Campaign by Commissioner Ron Weiland Authorize the use of $1,000 of Community Investment Funds for the Boynton Community Forum Families and Friends Network, Inc. by Commissioner Carl McKoy Authorize the use of $1,500 of Community Investment Funds for the Boynton Woman's Club by Vice Mayor Mike Ferguson Approve a Revocable License Agreement between the City of Boynton Beach and Jordan Wrecker for use of a City owned alleyway located behind 905 North Railroad Avenue CODE COMPLIANCE & LEGAL SEI'I'LEMENTS: None PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTAT/ONS 4 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 VIII. XI. PUBLIC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS A. Project: The Harbors (ABAN 03-004) Agent: Gregory Hire, P.S.M., Keith & Associates, Inc. Owner: Schgai · 2300 North Federal H_~J Description:L°cati°n Request for aba ~1~ a 15-foot wide utility easement B. City Ha~ f~f.~Sace Needs Report FUTURE AGE~ TrEI4S: A. Follow-up IVleeting with CRA on Development Issues (September 2003) B. Early Retirement Incentive Program (ERIP) (October 7, 2003) C. Resolution of Necessity for 8 parcels of land associated with the Railroad Avenue Stormwater Improvement Project (October 7, 2003) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (October 21, 2003) E. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) F. High School Task Force Report (December 2, 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) H. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 NEW BUSINESS: A. Discussion regarding proposed off-premise sign at Texaco Station ('Tab/ed on 8/$/03 - Request table to g/16/03) Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-04~ Re: Amending Chapter III Compensation of the Per~sp~JPolicy Manual by creating a new subsection 09 entitled "~ei~bursement" I 1/ 2. propose.~LO~ir~ell~3~.~.~0 Re: Amending Chapter II AdE i~is~~.c!~l~d:ihg sel;:l;ton 2-15 Per Diem and Travel Expense Ordinan~ ~1~~ - 1. ~ Dosed Ordinance No. 0:3 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4..] limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies ('Tahiti on 9/2/05) Proposed Ordinance No. 03- Re: Abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID Proposed Ordinance No. 03- Re: Enhanced background screening for City employees, private contractors, vendors and repair and delivery persons consistent with 2002 Florida State legislation (166.442 [SB 9S4]) Proposed Ordinance No. 03- Central Business District Re: Establishing an Urban C. Resolutions: Proposed Resolution No. R03- Re: Establishing minimum standards of conduct for public officers of the City D. Other: XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 XI'V. AD3OURNMENT: (F.S. 286.0105) THE CITY SHALL FURNISH APPROPR[ATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABII.]TY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFI-rS OF A SERVICEr PROGRAMf OR ACT[V~I'Y CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR[OR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL DRAFT AGENDA 9/2/2003 3:06 PM S:\CC\WP~CCAGENDA~,GENDAS\YEAR 2003\091Co03.DOC 7 The City of Boynton Beach 100 E. Boynton Beach Boulevard * (561)742-6000 City Commission AGENDA SEPTEMBER 2, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPATZON AT CTrY OF BOYNTON BEACH COMMTSSION MEE'I~NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Ttems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ttems: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMTSSION MEEI'ZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). September 2, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P,M. 'r. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Dr. Solomon Rothstein, 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner McCray D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE l'r TO THE cTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Adoption II. III. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPECZAL EVENTS, & PRESENTAT/ONS: A. Announcements: 1. im Public Hearing regarding Budget - September 4, 2003 at 6:00 p.m. 2. Public Hearing regarding Fire Assessment - September 11, 2003 at 6:30 p.m. B. Community and Special Events: Presentations: 1. Proclamations: None Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 Appointment To Be Made ADM[N[STRATWE: A. Accept the resignation of Jennifer Butler, Regular Member of the Planning Development Board Appointments to be made: Length of Term Board Expiration Date and IV Mayor I III McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Broening Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Weiland Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Ferguson Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Tab~ed (2) Mayor Broening Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (2) I Weiland Cemetery Board Alt 1 yr term to 4/04 Tabled (2) II McCray Code Compliance Board Alt 1 yr term to 4/04 Mayor Broening Community Relations Board Alt 1 yr term to 4/04 I Weiland Education Advisory Board Alt 1 yr term to 4/04 II McCray Education Advisory Board Stu 1 yr term to 4/04 I Weiland Library Board Alt 1 yr term to 4/04 Tabled (3) II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Planning & Development Board Reg 2 yr term to 4/04 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of August 18,2003 Regular City Commission Meeting of August 19, 2003 Special City Commission Meeting of August 26, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 2 Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 Approval of three (3) year contract for the RFP #080-1610-03/.1A ;'LIFE AND DISABILITY INSURANCE PLANS FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH" TO JEFFERSON PILOT FINANCIAL of FORT LAUDERDALE, FLORIDA (Proposed Resolution No, R03-151) C. Resolutions: Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 (Tab/ed on 8/lg/03- Recuest table to 9/~/03) Proposed Resolution No. R03-152 Re: Interlocal Agreement with the Town of Lantana to provide for the construction and operation of water main interconnections Proposed Resolution No. R03-153 Re: Agreement for Water Service Outside the City Limits with Nestor Luiz Rivera for the property at 1228 Highview Road, Lantana, Florida (Lot 185, Ridge Grove Addition No. ~) .. Proposed Resolution No. R03-154 Approval of contract with Randall L. Wolff, M.D. as the new provider of pre-employment physicals for all employees and required annual physicals for police officers and firefighters Proposed Resolution No. R03-155 Re: Authorizing and directing the City Manager to expend limited public funds for the purpose of furnishing information to the citizens and residents of Boynton Beach regarding the Municipal Referendum Election issue concerning the proposed General Obligation Bonds, scheduled for November 4, 2003 Proposed Resolution No. R03-156 Re: Authorizing and directing staff to prepare for the refinancing of the City's Public Service Tax Refunding Revenue Bonds, Series 1993 and the financing of various capital projects of the City D. Ratification of Planning & Development Board Action: Boynton Commerce Center (USAP 03-002), Southwest corner of 1- 95 and Woolbright Road - Request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 'B' of the Boynton Commerce Center PID East Coast Mechanical (ZNCV 03-007), 1500 High Ridge Road - Request for relief from Chapter 2, Zoning Section 8.A.6, requiring a minimum front yard setback of 15 feet for a warehouse building within 3 Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 the M-! Zoning District, to allow for a variance of :~1 feet, and a front yard setback of 4 feet (~uantum Park Lot 3 (ZNCV 03-008), Lot 3 Quantum Park P.I.D. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a vadance of 18 feet for a commercial office/warehouse building in a P.I.D. zoning district Winchester Commons (NWSP 03-012), Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard - Request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.4 acres in the C-3 zoning district St. Gregory's Armenian Church (NWSP 03-013), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8t~ Street - Request for site plan approval for a one-story, 23,475 square foot church on 2.5 acre lot in the R1-AA zoning district St. Gregory's Armenian Church (HTEX 03-005), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8th Street - Request for a height exception of 22 feet, 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the church spire to be 52' 8' high in lieu of the 30-foot maximum height allowed in the Ri-AA zoning district E. Ratification of CRA Action: None Approval of request from the Good Shepherd Summer Camp for a donation of $2,000 from the Law Enforcement Trust Fund account Approve "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Allocation of use of Community Investment Funds for the Lena Rahming/Maude Ford Lee Head Start Scholarship Fund in the following amounts: Commissioner Mack McCray $2,500 and Commissioner Carl McKoy $2,000 Approval of petition from George Rodriguez, Jr., representing Empire Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 ]. Approve 2003-2004 City Manager Objectives 4 Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 200:3 Full release of surety covering the water and sewer systems for the project known as The Colony at Boynton Beach Acceptance of a replacement bond in the amount of $,~07,380 issued by TRG- Boynton Beach, Ltd. for the Boynton Marina Project and releasing the bond originally posted by AERC of Virginia, 1nc. Reduction of the surety requirement to cover the water and sewer systems for the project known as Villas of Cypress Creek, accepting a cash surety of $1,333.15 for the remainder of the warranty period and returning letter of credit no. 2002061902 from Palm Beach County Bank to the developer VI, ¥II. CODE COMPLIANCE & LEGAL SEI'rLEMENTS: A. Uphold the Code Compliance Board's decision to reduce the fine in Case #99- 2187 from $11,675.00, plus $730.15 in administrative costs to $1,750.15 PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. IXw PUBLIC HEARING: 7:00 P.f4. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) (POSTPONI~IENT RE(~UESTED BY APPLZCANT) Winston Lee, Winston Lee & Associates, Znc. Nyrot Realty, Inc. Southwest corner of T-95 and Woolbright Road Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID Project: Agent: Owner: Location: Description: Arby's (COUS 03-004) Robert Basehart, Basehart Consulting, Inc. Schiappa Foods Corporation, Inc. South side of Old Boynton Road immediately west of entrance to Wal-Mart Supercenter Request for site plan/conditional use approval for a 3,094 square foot fast food restaurant with a drive-through facility CTI'Y MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tab/ed on $/20/05) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 XI, XII. FUTURE AGENDA ]'rEMS: A. Follow-up Meeting with CRA on Development Issues (September 2003) B. 2nd Public Hearing regarding Budget (September 16, 2003) Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September :1.6, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 16, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) F. High School Task Force Report (December 2, 2003) G. Proposed Lease Agreement with Boynton Woman's Club ('I-BA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 NEW BUSINESS: Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on 8/$/03 - Request table to 9/16/03) LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 03-040 Re: Amending Chapter 9, Fire Protection and Prevention, Article III of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal Proposed Ordinance No. 03-041 Re: Annexation of a ±9.74-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Boynton) Proposed Ordinance No. 03-042 Re: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre (Serrano at Boynton) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 Proposed Ordinance No. 03-043 Re: Rezoning a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning of 47-single family, zero-lot line homes (Serrano at Boynton) Proposed Ordinance No. 03-044 Re: Abandonment of an existing ingress/egress easement (Boynton Commerce Center) Proposed Ordinance No. 03-045 Re: Abandonment of a Florida Power and Light easement (Boynton Commerce Center) Proposed Ordinance No. 03-046 Re: Abandonment of a portion of a utility (water) easement (Boynton Commerce Center) Proposed Ordinance No. 03-047 Personnel Policy Manual Re: Revisions to the Ordinances - 1~ Reading Proposed Ordinance No. 03 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4..1 limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies Proposed Ordinance No. 03-049 Re: Compensation of the Personnel Policy Manual subsection 09 entitled "Travel Reimbursement" Amending Chapter III by creating a new Proposed Ordinance No. 03-050 Re: Amending Chapter IT Administration, by deleting Section 2-15 Per Diem and Travel Expense Schedule in its entirety Resolutions: None Other: None Agenda Regular City Commission Meeting Boynton Beach, Florida September 2, 2003 XIII. UNFINISHED BUSINESS: None XIV. AD3OURNt4ENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI-ER CONSIDERED AT THIS MEE'I-[NG/ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE clrry SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN~OY THE BENEFI-I'S OF A SERVICE~ PROGRAM~ OR ACT[VI-I'Y CONDUCTED BY THE CITY. PLEASE CONTACT 9OYCE COSTELLO~ (561) 7zt2-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CI-FY TO REASONABLY ACCOMMODATE YOUR REQUEST. FZNAL AGENDA 8/28/2003 11:28:53 AM S:\CC\WP\CCAGENDA\AGENDAS\Year 2003\090203 final agenda.doc 8 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA AUGUST 5, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCIPA'rZON AT CTrY OF BOYNTON BEACH COMMISSION MEE'rZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKTNG AT COMMISSION MEE11:NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). August 5, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: Do Call to Order - Mayor Gerald Broening Invocation/Moment of Silent Reflection Pledge of Allegiance to the Flag led by Mayor Broening IF YOU WISH TO ADDRESS THE COMMIS~;ION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE TI' TO THE CZ'I'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" POR'r~ON OF THE AGENDA HAS BEEN COMPLETED COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. II. E. Agenda Approval: III. 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMMUNTI'Y & SPECIAL EVENTS~ & PRESENTATLONS: A. Announcements: B. Community and Special Events: Co Presentations: 1. Proclamations: None Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 ADM[N~STRATLVE: A. Accept resignation of .los~ Aquila, Regular Redevelopment Agency Appointment To Be Made Appointments to be made: Member of the Community Length of Term Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (2) ! Weiland Advisory Bd on Children & Youth Stu/NonVoting i yr term to 4/04 Tabled (2) II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Tabled (2) :iV McKoy Bldg. Bd of Adj & Appeals Alt i yr term to 4/04 Tabled (3) IV McKoy Cemetery Board Alt i yr term to 4/04 Tabled (3) T! McCray Community Redevelopment Agency Reg 4 yr term to 6/20/04 IV McKoy Community Relations Board Alt 1 yr term to 4/04 Tabled (2) TV McKoy Education Advisory Board Alt i yr term to 4/04 Tabled (2) Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) I Weiland Library Board Alt 1 yr term to 4/04 TV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) ! Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. Agenda Preview Conference of July 14, 2003 Budget Workshop of July 15, 2003 Regular City Commission Meeting of July 15, 2003 Special City Commission Meeting of .luly 16, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 2 Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 Award "CO-OP BULK QUICKLIME," Bid #064-2821-03/.1A, to CHEMICAL LIME COMPANY, INC. with an estimated annual expenditure of $129,316 for the City of Boynton Beach Utilities Department as part of the cooperative bid in the total amount of $1,694,862.96 (seven additional entities participating) Award the "PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS," Bid #066-1412-03/.1A, to various vendors on a "lot to lot" basis with an estimated annual expenditure of $20,000 Approve the "piggy-back" of LEE COUNTY, FLORIDA, PROJECT #Q- 020438 for "HYDROGEN PEROXIDE SOLU'~ON SERVICES FOR THE CONTROL OF SULFIDES IN WASTE~NATER" with ALT[VTA CORPORA'I~ON for an estimated amount of $115,000 (Proposed Resolution No, R03- 133) Award the bid for "TVVO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C3D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms ('TABLED 0N 7/.~$/03) C. Resolutions: Proposed Resolution No. R03-134 Re: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 189! of the International Association of Firefighters, AFL-CIO, CLC (IAFF) Proposed Resolution No. R03-135 Re: Accepting Letter of Credit No. NWS487658 from Wells Fargo Bank, N.A. in the amount of $22,!88.91 as surety for the satisfactory completion and performance of the water and sewer improvements for the project known as Albertsons at Hypoluxo Village Proposed Resolution No. R03-136 Re: Declaring the public necessity of acquiring four parcels of property in the NE 7th to !0th Avenue stormwater project area for the purpose of constructing a drainage/retention pond D. Ratification of Planning & Development Board Action: Davila Variance (ZNCV 03-006), 3616 S.E. 1~t Street - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4..1.1, limiting a fence to a maximum height of 6 feet within the rear building line to allow a 3ofoot variance, and a 9 foot high fence 3 Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 VI. VII. (~uantum Park DR/(USAP 03-003), Lot 3 - Request for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile 8~ Vehicle Accessories, Furnishings and supplies in the Quantum Park PID on lot 3 having use options of "Industrial" and "Office" Club Meadows (MSPM 03-005), 100 Meadows Circle, Meadows PUD - Request for major site plan modification approval for the replacement of an existing clubhouse within the Club Meadows Apartments with a new 3,055-square foot clubhouse Boynton Commerce Center Lot 3B (NWSP 03-009), Southwest corner of 1-95 and Woolbright Road - Request for a new site plan approval for a 72,174-square foot light industrial warehouse with ancillary office and retail space in a PTD E. Ratification of CRA Action: The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.4~-acre lot in the M-! Industrial zoning district F. Intentionally left blank Report and recommendation on proposed cooperative effort with City of Boca Raton concerning possible legal challenge to Palm Beach County Fire/Rescue Level of Service Referendum CODE COMPLIANCE & LEGAL SE'I'rLEMENTS: None PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS PUBLIC HEAR/NC: A. Project: Agent: Owner: Location: Description: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'rS Serrano at Boynton (ANNEX 03-001) Chip Bryan, ]ulian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to annex a +9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 Project: Agent: Owner: Location: Description: Serrano at Boynton (LUAR 03-005) Chip Bryan, .]ulian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre; and Co Project: Agent: Owner: Location: Description: Serrano at Boynton (LUAR 03-005) Chip Bryan, .]ulian Bryan & Associates, :[nc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning for 47 single family, zero lot line homes C,1. Project: Agent: Owner: Location: Description: Serrano Beach (NWSP 03-010) Chip Bryan, .]ulian Bryan & Associates, ]:nc. Beth Peschl Quarter mile west of Congress Avenue; north of the L-28 Canal, south of Golf Road Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD Project: Agent: Owner: Location: Description: Berry Veal (COUS 03-005) .]aime Plana, Architect Berry Veal Corporation 1421 Neptune Drive Request for conditional use approval/major site plan modification for a two-story 5,807 square foot addition to an existing meat packaging plant in an M-1 zoning district Em Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-005) Winston Lee Nayrot Realty, Inc. Southwest corner of :[-95 and Woolbright Road Request for an abandonment of an existing easement ingress/egress Project: Agent: Owner: Location: Boynton Commerce Center (ABAN 03-007) Winston Lee Nayrot Realty, :[nc. Southwest corner of [-95 and Woolbright Road Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 Description: Request for an abandonment of a Florida Power and Light easement Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-008) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of a easement utility (water) Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) (POSTPOIVEHEIVT RE(~I. IESTED BY APPI. J'GIIVT) Winston Lee Nayrot Realty, Tnc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of ingress/egress and utility easement an existing ZX. CTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement ('TABLED 01V$/20/03) Bo Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 X. FUTURE AGENDA ZTEMS: Ag Proposed Modifications to City Personnel Policy Manual - Annual Update (August 19, 2003) Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August 19, 2003) Proposed Resolution regarding raising fees for annual permits, daily fees and light fees at the Tennis Center (August :[9, 2003) D. ist Public Hearing regarding Budget (September 4, 2003) E. Public Hearing regarding Fire Assessment (September 11, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 2003) G. Follow-up Meeting with CRA on Development Issues (September 2003) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida August S, 2003 XII. H. 2nd Public Hearing regarding Budget (September 16, 2003) I. First reading of Proposed Ordinance regarding docks (September :16, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) K. High School Task Force Report (December 2, 2003) L. Proposed Lease Agreement with Boynton Woman's Club (TBA) M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSINESS: Proposed Ethics Ordinance for review and discussion Amendment to City's Community Investment Fund policy (Proposed Resolution No, R03-137) Allocation of Community Investment Funds for the Carolyn Sims Annual Family Day Picnic ($1,000 from Commissioner Mack McCray and $1,000 from Commissioner Carl McKoy and $2,000 from Mayor Gerald Broening) D. Allocation of Community Investment Funds for the 2003 School Curriculum Resource Program (Commissioner Mack McCray - $1,000 and Mayor Gerald Broening - $5,000) E. Discussion regarding proposed off-premise sign at Texaco Station F. Allocation of Community Investment Funds from Mayor Gerald Broening - $5,000 for School Supplies LEGAL: Ordinances- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-035 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) XI, Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 B. Ordinances - 1st Reading Proposed Ordinance No. 03-036 Re: Abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase :lIT of the apartment complex (Villas at Quantum Lakes Phase Proposed Ordinance No. 03-037 Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members J Proposed Ordinance No. 03-038 Re: Amending Chapter 21, Article TTT, Section 6.D of the Land Development Regulations to remove the regulations pertaining to posting temporary political signs on private property C. Resolutions: 1. Proposed Resolution No. R03-138 Re: Providing for adjustment of expense allocations to the Mayor and Commission D. Other: None XIII. UNFINISHED BUSINESS: None X~V. AD3OURNMENT: NO'I~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WiTH RESPECT TO ANY MA'ri'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE co~rrACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FTNALAGENDA 8/5/2003 8:12 AM S:\CC\WP\CCAGFNDA~GENDAS\Year 2003\080503 final agenda.doc August 5, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. t'. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag I~;H~y · FILL OUT THE APP '~E~i;T~ L,~ ,, ,, · GIVE 11' TO THE ~~E DAIS) BEFORE THE OPENINGS PORTION OF THE ,~i;~l,l~ ~i I COMPLETED · COME TO THE POD~UlOI'WHI THE MAYOR CALLS YOUR NAME II, 1, 2. OTHER: III. INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTrY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: Presentations: 1. Proclamations: None Agenda Regular City Commission Meeting Boynton Beach~ Florida August 5, 2003 IV. ADMINISTRAI'~VE: Accept resignation of Jos~ Aquila, Regular Member of the Community Redevelopment Agency Appointment To Be Made Mayor Broening I Weiland II McCray IV McKoy IV McKoy Appointments to be made: · ~dlonl~i!~e~ ~out~_ I ~tu/Non~'bt:ing Board Length of Term Expiration Date i yr term 1 yr term 2 yr term to 4/04 Tabled (2) to 4~04 Tabled (2) to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (3) 1 yr term to 4/04 Tabled (3) II McCray Community Redevelopment Agency Reg 4 yr term to 6/20/04 IV McKoy Community Relations Board Alt 1 yr term to 4/04 Tabled (2) IV McKoy Education Advisory Board Alt 1 yr term to 4/04 Tabled (2) Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) I Weiland Library Board Alt 1 yr term to 4/04 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with ail of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. Agenda Preview Conference of July 14, 2003 Budget Workshop of July 15, 2003 Regular City Commission Meeting of July 15, 2003 Special City Commission Meeting of July 16, 2003 Bo Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 Award "CO-OP BULK QUICKLIME," Bid #064-2821-03/3A, to CHEMICAL LIME COMPANY, INC. in the amount of $1,694,862.96 (seven additional entities participating) with an estimated annual expenditure of $129,316 for the City of Boynton Beach Utilities Department Award the "PURCHASE OF STREET SIGNS, NEVV AND REPLACEMENT, SIGN ACCESSORIES AND PARTS," Bid ~0~6-1412-03/3A, to various vendors on a "lot to lot" basis with aj~s~im~)ted annual expenditure of Approve the~pig,gy-I:~a~K'~ ot1 LEE~JCOqNTY, FLORIDA, PRO3ECT #Q- 020438 f91~llJ:J,YD~O~l~ ?E~O~DE SpLJ3TION SERVICES FOR THE pCSO IgE N VN TEWAT " with AL VIA CORPORA ON ~;~~~1~5~,000 (Proposed Resolution /~war~/the ,,bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF I.~f~FORMS, Bid #062-1412-03/C3D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms (FABLED 01V 7/.~$/03) C. Resolutions: Proposed Resolution No. PO3- Re: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891 of the International Association of Firefighters, AFL-CIO, CLC (LAFF) Proposed Resolution No. PO3- Re: Accepting Letter of Credit No. NWS487658 from Wells Fargo Bank, N.A. in the amount of $22,188.91 as surety for the satisfactory completion and performance of the water and sewer improvements for the project known as Albertsons at Hypoluxo Village Proposed Resolution No. PO3- Re: Declaring the public necessity of acquiring four parcels of property in the NE 7th to l0th Avenue stormwater project area for the purpose of constructing a drainage/retention pond D. Ratification of Planning &, Development Board Action: Davila Variance (ZNCV O3-O06), 3616 S.E. 1st Street - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.3.1, limiting a fence to a maximum height of 6 feet within the rear building line to allow a 3-foot variance, and a 9 foot high fence Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 VI. Quantum Park DRI (USAP 03-003), Lot 3 - Request for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile & Vehicle Accessories, Furnishings and supplies in the Quantum Park PTD on lot 3 having use options of"Tndustrial' and "Office" Club Meadows (MSPM 03-005), 100 Mea~.d~ws Circle, Meadows PUD - Request for major site plan modific~i~;zq/alSpr~val for the replacement of an existing clubhouse within ttbe~'q~~fows Apartments with a new Boynton ~t~_.. lot 3B~IWSP 03-009), Southwest ~f t~c~htI Road : Request for a new site plan ~pplKOyal ~f '~~feot light industrial warehouse with ancillary l~e ~~naPID (NWSP Quarter mile west of Congress ~n'O Beach 03-010), Avenue; north of the L-28 Canal, south of Golf Road - Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD E. Ratification of CRA Action: The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue - Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district (Tabled F. Intentionally left blank Report and recommendation on proposed cooperative effort with City of Boca Raton concerning possible legal challenge to Palm Beach County Fire/Rescue Level of Service Referendum CODE COMPLIANCE & LEGAL SEITLEMENTS: None PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEAR]:NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Serrano at Boynton (ANNEX 03-001) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 Location: Description: Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to annex a _+9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach Project: Agent: Owner: Location: Serrano at Boynton (LUAR 03-005) Chip Bryan, .Julian Bryan IA Associatesj~nc. Beth Peschl Approximately one-qu~l~e~ of Congress Avenue, north of the L-28 Can~outh o~olf Description: Reques~to~am~r~d~l~he.I .~C~.~J'eh_ei~si~e Plan Future Land Use Map Proiect: taynton (LUAR 03-005) Agent:I ~. ~;;~hi~.~lry~_~,._ ,..]ulian Bryan lA Associates, Inc. Owner:I ~43eth Peschl . Locatiorfff. Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Description: Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning for 47 single family, zero lot line homes Project: Agent: Owner: Location: Description: Berry Veal (COUS 03-005) ]aime Plana, Architect Berry Veal Corporation 1421 Neptune Drive Request for conditional use approval/major site plan modification for a two-story 5,807 square foot addition to an existing meat packaging plant in an IVl-1 zoning district Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN O3-005) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of an existing easement ingress/egress Fo Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-007) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a Florida Power and easement Light Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-008) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of a utility (water) easement H. Project: Boynton Commerce Cente~r ~BA~3-O09) (POSTPON£1~I£NT R~r~~ ~ APPI_rCAIVT) Agent: Winston Lee II Owner: Nayrot ty, Inc. \ I "_..J I Location: So~dYiw_.e~ ~o~e~of~-~5 ~nd Wo~l~ight Road Descrip~. e~~r_/a~al~.~d~nment ~f a portion of an Madna A. Discuss 6~of Development Agreement (TABL£O existing Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 X. FUTURE AGENDA TI'EMS: A. Proposed Lease Agreement with Boynton Woman's Club (August 19, 2003) Proposed Modifications to City Personnel Policy Manual - Annual Update (August 19, 2003) Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August :19, 2003) Proposed Ordinance regarding granting to Florida Power 1~. Ught Company an electric franchise agreement for the period of thirty years from the date of acceptance (August :19, 2003) Proposed Resolution regarding raising fees for annual permits, daily fees and light fees at the Tennis Center (August 19, 2003) F. Follow-up Meeting with CRA on Development Issues (August 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) H. 1~t Public Hearing regarding Budget (September 4, 2003) Agenda Regular City Commission 14eeting Boynton Beach, Florida August 5, 2003 I. Public Hearing regarding Fire Assessment (September 11, 2003) .1. 2"d Public Hearing regarding Budget (September 16, 2003) K. First reading of Proposed Ordinance regarding docks (September 16, 2003) XZ. L. High School Task Force Report (December 2, 2003) M. Approve Community Development BI~~~L~ ton~achG~'~Cl~ I Sub-Grantee Agreement with ]juvenile Transition Cente~.r~c. in the amount of $7,500 B. A~locati~n! L~/om~unity Investment Funds for the Carolyn Sims Annua~ Family Day PiO'~ ($1,000 from Commissioner Mack McCray and $1,000 from Commissioner Carl McKoy) Allocation of $1,000 of Community Investment Funds for the 2003 School Curriculum Resource Program (Commissioner Mack McCray) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-035 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) B. Ordinances- 1~t Reading Proposed Ordinance No. 03- Re: Abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase TI! of the apartment complex (Villas at Quantum Lakes Phase III) Proposed Ordinance No. 03- Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members Proposed Ordinance No. 03- Re: Amending Chapter 21, Article III, Section 6.D of the Land Development Regulations to 7 Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 remove the regulations pertaining to posting temporary political signs on private property C. Resolutions: 1. Proposed Resolution No. R03- Re: adjustment of expense allocations to the M~.gland 2. Proposed Resolution No, Community InYestment/~ plli~ D. Other: .one Providing for Commission Amendment to City's XZV. AD3OURNMENT: NOT~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE c!q-Y COMMISSION WITH RESPECT TO ANY MA'I-FER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNI-Pf TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 3OYCE COS-1-ELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL DRAFT AGENDA 8/4/2003 1:54 PM S:\CC\WP\CCAGENDA~GENDAS\Year 2003\080503 - final dralt.doc 8 August 19, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Reflection C. Pledge of Allegiance to the Flac D. IF YOU WISH · FILL OUTTHE APPROP · GIVE TI' TO THE PORT~ON OF THE AGEI · COMETOTHE II. III. BEFORE THE "OPENI'NGS' EN COMPLETED "N THE MAYOR CALLS YOUR NAME OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNZ'FY & SPECIAL EVENTS, & PRESENTA'T/ONS: A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations: a. City of Boynton Beach Firefighter Appreciation Week - August 25- September 1, 2003 INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Adoption Agenda Regular City Commission Meeting Boynton Beach, Florida August :~9, 2003 2. Recognition of Keyes Company Realtors for being the recipient of the 2003 Sponsor of the Year Sunsational Award from the Florida Festivals Events Association ZV. A. Accept resignation of Dee Zibelli, R~gul~ _ B. Appointments to be ~ I! ~:: Appointment ~! Length of Term To Be Made Expiration Date Code Compliance Board Mayor Broening Children & Youth Alt 1 yr term to 4/04 Tabled (3) ! Weiland Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (3) !! McCray Bd on Children & Youth Reg 2 yr term to 4/04 Tabled (3) :II! Ferguson Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Mayor Broening Bldg. Bd of Adj & Appeals Alt ! yr term to 4/04 ! Weiland Cemetery Board Alt 1 yr term to 4/04 ! Weiland Code Compliance Board Reg 3 yr term to 4/04 ~/ McKoy Community Relations Board Alt i yr term to 4/04 Tabled (3) !V McKoy Education Advisory Board Alt I yr term to 4/04 Tabled (3) Mayor Broening Education Advisory Board Stu :[ yr term to 4/04 Tabled (3) ! Weiland Library Board Alt I yr term to 4/04 Tabled (2) IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of August 4, 2003 Regular City Commission Meeting of August 5, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award "CO-OP ROAD CONSTRUCTION MATERIALS," Bid #076-1411- 03/.1A to various vendors - Austin & Tupler, Community Asphalt and Ventura and Sons, for an estimated ann iture of $71,368.75 LOAD 2. Award bid for "ANNUAL SUPPer~ CONTAINERS," Bid #070-2510-03/CJD to ~ID/~ q Mulberry, Florida, in the amount of $,21~ / ^ . \ I.. '; ..... 1. 3- Re: Change order to r6ia~l, Inc. Consultant Agreement for Rewriting of Land ent Regulations to increase total project cost by $56,000 'including $5,500 for contingencies) to include additional services and extend the contract by 12 months Proposed Resolution No. R03- Re: Annual service agreement between Motorola and the City of Boynton Beach for the City's communication system Proposed Resolution No. R03- Re: Contract for services ($8,000) for Community Development Block Grant recipient Mad Dads of Boynton Beach, Inc., previously approved for funding July 2, 2002 Proposed Resolution No. R03- Re.' Full release of surety for the project known as Lester PUD plats 2, 3, 4, 5 and 6 and returning the appropriate letters of credit to the developer Proposed Resolution No. R03- Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 Proposed Resolution No. R03- Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved Proposed Resolution No. R03- Re: Release of a cash bond of $36,850 to Verderame Construction Co., Inc. for the project known as the Golden Corral Proposed Resolution No, R03- Re: An Interlocal Agreement between the City of Boynton Beach and Palm Beach County for a Lake Worth Lagoon Partnership Program reimbursable grant in the amount of $500,000 to be applied to the stormwater improvement Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 program planned for the INCA neighborhood located on NE 7th Street between NE 10th and NE 7th Avenues 10. 11. Proposed Resolution No. R03- Re: Proposal to provide consultant services to evaluate Trackoit! installation and provide best practices process recommendations and a ~r effectively moving to Track-It! 6.0, in the amount of $4,50~Q,1 expenses (I.T.S./G.T.S. Department) I.~. I Proposed~:tll;~io~O~ 2003-2004 updated ~dlRl~._~._i~iin/l~o~RO3- Re: Ratification of South ~a~N,~water Treatment 8, Disposal Board action of .luly a. Authorization to expend $4,000 from Repair 8, Replacement Funds on an emergency basis to replace water booster pump and progressive cavity pump for polymer system Authorization to expend $1,200 from Repair & Replacement Funds to replace cutter blade and screen for sludge grinder Authorization to expend $4,500 from Repair & Replacement Fund for replacement of screw dewatering conveyer Authorization to expend $5,000 from Repair & Replacement Fund to replace seals on 4 screening building scrubber pumps Authorization to expend $2,700 on an emergency basis from Repair & Replacement Fund to replace teeth on bar screens Authorization to expend $3,300 from Repair & Replacement Fund to replace 150HP fan motor for aeration scrubber Authorization to expend $3,500 from Repair & Replacement Funds on an emergency basis to replace screw and weir bars on grit cover Authorization to expend $3,000 from Repair & Replacement Funds on emergency basis to replace level controller on bar screens Authorization to expend $2,000 from Repair & Replacement Fund to paint interior walls of bar screen room 4 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 Authorization to expend $9,500 from Repair & Replacement Fund on an emergency basis to replace clarifier ! and 2 bridge supports and align and reweld spacer bars on bar screens Authorization to establish wastewater user rate to cities for fiscal year 2003/2004 as follows: VI. VII. Operations & ~1,000 Gal 000 Gal 000 Gal of 2003/2004 Wastewater and gets and Wastewater Repair and Replacement ]itures (Sinking Fund) D. Ratification of Community Redevelopment Agency Action: The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480-square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district (Tablegon First Baptist Church (SPTE 03-002), 301 North Seacrest Boulevard - Request for a one (1) year time extension for major site plan modification approval granted on May 5, 2002, to May 5, 2004 E. Ratification of Planning & Development Board Action: None F. Approve the donation of $1,000 to Florida Missing Children from Law Enforcement Trust Fund Accept the written report to Commission of purchases over $10,000 for the month of 3uly 2003 for informational purposes CODE COMPLIANCE & LEGAL SE'FTLEMENTS: None PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 5 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 A. Project: Boynton Commerce Center (ABAN 03-009) (POSTPONEII,IENT REQUESTED Agent: Winston Lee, Winston Lee & Owner: Nayrot Realty, Tnc. Location: Southwest cornE Road Description: portion of an existing B. Project: Amendment (CPTA 02-002) ~nts Agent: itiated Descri Request to amend Future Land Use Element Policy 1.16.1 by adding ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use-Core (MX-C) land use categories (1st reading of Proposed Ordinance No. 03-039) CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on $/20/05) B. City Manager Performance Review 2002-03 FUTURE AGENDA I'I'EMS: A. 1~t Public Hearing regarding Budget (September 4, 2003) B. Public Hearing regarding Fire Assessment (September 11, 2003) C. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 2003) D. Follow-up Meeting with CRA on Development Tssues (September 2003) E. 2® Public Hearing regarding Budget (September 16, 2003) F. First reading of Proposed Ordinance regarding docks (September 16, 2003) G. Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September 16, 2003) H. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 I. High School Task Force Report (December 2, 2003) .1. Proposed Lease Agreement with Boynton Woman's Club (TBA) K. Approve Community Development Block Grant with Juvenile Transition Center, Tnc. of Boy~3~ (Proposed Resolution No. R03- ) )CT. NEW .USTNESS: A. Discus d XlI. LEGAL: Dub-Grantee Agreement the amount of $7,500 sign at Texaco Station (Tabled on A. Ordinances -- 2nd Reading - PUBLIC HEARTNG Proposed Ordinance No. 03-036 Re: Abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase III of the apartment complex (Villas at Quantum Lakes Phase Proposed Ordinance No. 03-037 Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members Proposed Ordinance No. 03-038 Re: Amending Chapter 2:1, Article ITI, Section 6.D of the Land Development Regulations to remove the regulations pertaining to posting temporary political signs on private property B. Ordinances - 1st Reading Proposed Ordinance No. O3- Re: Amending Chapter 9, Fire Protection and Prevention, Article :ITT of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal Proposed Ordinance No. 03- Re: Annexation of a +9.74-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Boynton) Proposed Ordinance No. 03- Re: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach 7 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 XIII. o County) to Low Density Residential (LDR) at 4.84 units/acre (Serrano at Boynton) Proposed Ordinance No. 03- Re: Rezoning a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning o 4~le family, zero-lot line homes Proposed Ordinance · Abandonment of an existing in! merce Center) Re: Abandonment of a (Boynton Commerce Center) ince No. 03- Re: Abandonment of a of a utility (water) easement (Boynton Commerce Center) 8. Proposed Ordinance No. 03- Re: Revisions to the Personnel Policy Manual C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR Ac'rIvi-rY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda Regular City Commission Meeting Boynton Beach, Florida August 19~ 2003 bg FtNAL DRAFT AGENDA 8113/2003 4:16 PM S:\CC\WP\CCAGEN DA~GENDA$\Year 2003\081903.doc The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JULY 15, 2OO3 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPA'rZON AT CZ'FY OF BOYNTON BEACH COMMISSION MEE'I'ZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters ngt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). 3uly 15, 2003 CITY OF BO Y3V'TO 'V BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENZNGS: Call to Order - Mayor Gerald Broening Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner McKoy YOU WZSH TO ADDRESS THE COHMZS~ZON: · FZLL OUT THE APPROPRZATE REQUEST FORM · GZVE Tr TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS' PORTZON OF THE AGENDA HAS BEEN COI~PLETED · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME ZNDZV~DUALS MAY SPEAK FOR THREE UNINTERRUPTED MZNUTES. III. Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMMUNTrY & SPECZAL EVENTS, & PRESENTA'I'ZONS: A. Announcements: 1. Special City Commission Meeting regarding Budget - July 16, 2003 at 3:00 p.m. in the Library Program Room 2. Special City Commission Meeting regarding Budget (if necessary) - 3uly 17, 2003 at 3:00 p.m. in the Library Program Room B. Community and Special Events: 1. "America's Night Out Against Crime" - August 5, 2003 Agenda Regular City Co~tmission f4eeting Boynton Beach, Florida July 15, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. 5. City Commission Capital Improvement Projects Workshop of June 10, 2003 Agenda Preview Conference of .June 16, 2003 City Commission Land Development Regulations Workshop of June 17, 2003 Regular City Commission Meeting of June 17, 2003 Special City Commission Meeting of July 1, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve the renegotiation of a I year contract in the amount of $89,800 for Financial Auditing Services to CALER, DONTEN, LEV[NE, DP. UKER, PORTER, & VEIL, P.A. of West Palm Beach, Florida, for ~he fiscal year ended September 30, 2003 (Proposed Resolution No, RO3-209) Approve the "piggy-back" on the three-year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, 1nc. of Zephyrhills, Florida, for Debris Collection and Disposal 2003 Hurricane Season (all expenses will be reimbursable through FEMA; therefore, there is no expenditure) (Proposed Resolution No, R03-120) Award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES,' Bid #069-1412-03/JA, to various vendors with an estimated annual expenditure of $35,000 Award the bid for "ANNUAL SUPPLY OFMETAL CONTAINERS AND ROLL- OFFS'; Bid #057-2510-03/C3D to INDUS-TR/AL REFUSE SALES, of Eaton Park, Florida, in the amount of $100,000 Award Bid #058-2413-03/C. JD, Poinciana Heights Water Main Replacement Project, to AKA Services, Inc., in the amount of $616,115 plus owner's contingency of 10% for a total project budget appropriation of $677,726.50 (Proposed Resolution No, RO3-111) Award the "INSTALLATION OF A SIDEWALK ALONG THE NORTH SIDE OF N.W. 4m AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE INSTALLATION OF AN ACCESSIBILITY Agenda Regular City Commission Meeting Boynton Beach, Florida July 15, 2003 property located at 1095 .lames Road, Lantana, Florida (Lots 22 & 23 Hypoluxo Ridge) Proposed Resolution No. R03-120 Re: Reduction of the surety requirement covering the water and wastewater systems for the project known as Artesa/.lonathan's Creek by the amount of $345,636, resulting in a revised surety amount of $18,200 10. Proposed Resolution No. R03-121 Re: Reduction of the surety requirement covering the water and wastewater systems for the Medical Arts Professional Center project by the amount of $96,497.10, resulting in a revised surety amount of $5,100 ll. Proposed Resolution No. R03-122 Re: Extension and Amendment to Agreement between the Qb/of 8oy~t~ Beach and Paul W. Smith Enterprises, ]:nc., d/b/a Boynton Transit Advertising regarding bus shelters and bus benches 12. Proposed Resolution No. R03-123 Re: Ratification of the collective bargaining agreement between the City of Boynton Beach and the Police Benevolent Association - Police Lieutenants 13. ]:ntentionally left blank 14. Proposed Resolution No. R03-124 Re: First Amendment to the ]:nterlocal Agreement established by R01-337 between the City of Boynton Beach and the Municipal Public Safety Communications Consortium for the construction and implementation of its Countywide ]:nteroperable Radio Communications System 15. Proposed Resolution No. R03-125 Re: Release of two cash bonds, totaling the sum of $7,580.10, to Vitcar Consulting Co., ]:nc. for the project known as Medical Arts Professional Center, located at 2300 $. Congress Avenue 16. l:ntentionally left blank 17. Proposed Resolution No, R03-126 Re: Approval of Task Order No. 25 in the amount of $1,285,9~,7 (plus an owner's contingency of 5% for a total budget appropriation of $1,350,2~1~.35) with CH2M Hill, ]:nc. to provide final design, permitting, bidding and construction phase services for Phase 2 of the Central Seacrest Corridor Stormwater ]:mprovements and Water Main Replacement project (formerly Neighborhood 7/8/9) Agenda Regular City Commission MeeUng Boynton Beach, ~Florida July :LS, 2003 Approve the "SURPLUS EQUIPMENT LIST" as submitted by staff and allow for disposal of same Allocation of $1,000 of Community Investment Funds for the American Legion Baseball State Tournament (Commissioner Ron Weiland) Accept the written report to Commission of purchases over $10,000 for the months of May and June 2003 for informational purposes Allocation of $5,000 of Community Investment Funds for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center (Vice Mayor Ferguson) Approve the excavation permit for removal of approximately 85,000 cubic yards from Tract "3" and Lot 34-C for additional st~rmwater detentio~ necessary for continued development on the north half of the Quantum Park Development Status report on proposed purchase of 4 parcels for NE 7~ Street Area Water Main Replacement and Stormwater Improvement Project Approval of the plat of Boynton Beach Woolbright Parcel subject to approval by the City Engineer Approval of the plat of Hawk's Landing P.U.D. subject to approval by the City Engineer V~. CODE COMPLTANCE & LEGAL SETTLEMENTS: Authorize a court ordered mediation settlement with Deborah Green, Plaintiff, in the amount of $45,000 (initial demand at mediation was $100,000) Authorize a court ordered mediation settlement with Thomas Frank Brown, Plaintiff, in the amount of $11,000 (initial demand at mediation was $100,000) Accept request for a "partial release" of lien for the vacant lot known as Lot 16, Block 1, Lake Addition , PUBLIC AUDZENCE: ZNDI~LDUAL SPEAKERS WZLL BE I.~MI'rED TO 3-MZNUTE PRESENTA1/ONS V/XZ. PUBL/C HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS Ao Project: Agent: Owner: Location: Seacrest Hedical Tower (COUS 03-006) Francisco A. Solis Francisco A. Solis Northeast corner of SE 23m Avenue and Seacrest Boulevard Agenda Regular City Commission Meeting Boynton Beach, J=lorida July :Z5, 2003 Authorize the Urban Group to move forward with land acquisition for a NE Fire Station site as per the intent of the fire assessment capital improvement project Follow-up on proposed purchase of 5.5 acre Florida Inland Navigation District parcel on South Federal Highway (-1aycee Park Parcel) X. FUTURE AGENDA ZTEHS: Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 200~.-April 2002 (August 5, 2003) B. Proposed Lease Agreement with Boynton Woman's Club (August 5, 2003) Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) D. Annual Update of City Pay Classification Plan (August 5, 2003) E. Proposed Ordinance regarding Political Signs (August 5, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (August 1_9, 2003) G. Follow-up Meeting with CRA on Development Issues (August 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) 1-~ Public Headng regarding Budget (September 4, 2003) .1. First Budget Hearing (September 9, 2003) K. Second Budget Hearing (September 1-6, 2003) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSZNESS: Ao Authorize designation of Commissioner Cad McKoy as voting delegate to the Florida League of Cities Annual Meeting, August :t4-16~ B. Review the compensation level of the Mayor and City Commission 9 Agenda Regular City Co~mmission Meeting Boynton Beach, Florida July 15, 2003 X_,-V. ADJOURNMENT: NOTZCE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET]NG,, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,, HE/SHE MAY NEED TO ENSURE THAT A VERI~ATIM RECORD OF THE PROCEEDING IS MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0].05) THE cTrY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABIL_rTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM,, OR A~ CONDUCTED BY THE CTI'Y. PLEASE CONTACT ]OYCE Cos'rELLO, (56].) 742-60].3 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT'[VTFY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. b; F]:NALAGENDA 7/14/2003 5:30 PM S:\CC~WP~CCAGENDA~GENDAS\Year 2003\071503 final agenda.doc 11 3uly 15, 2003 CITY OF BO Y .¥TO2V BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner McKoy You WISH TO Al)DRESS THE COMMISSION: FILL OUT THE APPROPRIATE RE(~UEST FORH · GZVE ZT TO THE CZTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUbt WHEN THE I~IAYOR CALLS YOUR NAME II. INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: III. 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEI~IENTS, COI4YlUNZl'Y & SPECZAL EVENTS, & PRESENTATIONS: Announcements: 1. Special City Commission Meeting regarding Budget - ,luly 16, 2003 at 3:00 p.m. in the Library Program Room e Special City Commission Meeting regarding Budget (if necessary) - July 17, 2003 at 3:00 p.m. in the Library Program Room Community and Special Events: 1. "America's Night Out Against Crime" - August 5, 2003 Agenda Regular City Commission MeeUng Boynton Beach, l:lorida July 1.5, 2003 ADMI'NZSTRATI'VE: Presentations: I. Proclamations: Recreation & Parks Month - 3uly 2003 A. Accept resignation of Clifford A. Royael, Alternate Member of the Community Relations Board Appointment To Be Made Mayor 8roening I Weiland II McCray IV McKoy IV McKoy Mayor Broening IV McKoy IV McKoy Mayor Brining Mayor Brining IV McKoy Mayor 8roening IV McKoy Mayor 8roening I Weiland I Weiland Accept resignation of Herb Suss, Regular Member of the Library Board Accept resignation from Shanna St. John, Regular Member of the Advisory Board on Children & Youth Appointments to be made: Length of Term Expiration Date Beard Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Bldg. Bd of Adj & Appeals Alt I yr term to 4/04 Cemetery Board Alt 1 yr term to 4/04 Cemetery Board Reg 3 yr term to 4/06 Community Relations Board Alt 1 yr term to 4/04 Education Advisory Board Alt 1 yr term to 4/04 Education Advisory Board Stu 1 yr term to 4/04 Golf Course Advisory Committee Reg 5 yr term to 6/08 Library Board Reg 3 yr term to 4/06 Library Board Reg 3 yr term to 4/04 Nuisance Abatement Board Reg 2 yr term to 4/05 Nuisance Abatement Board Reg 2 yr term to 4/05 Nuisance Abatement Board Reg 2 yr term to 4/05 Senior Advisory Board Alt I yr term to 4/04 Tabled (2) Tabled (2) Tabled (3) Tabled (3) Agenda Regular City Cor~mission MeeUng Boynton Beach, Florida July 15, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. 5. City Commission Capital Improvement Projects Workshop of June 10, 2003 Agenda Preview Conference of June 16, 2003 City Commission Land Development Regulations Workshop of June 17, 2003 Regular City Commission Meeting of June 17, 2003 Special City Commission Meeting of July 1, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve the renegotiation of a I year contract in the amount of $89,800 for Financial Auditing Services to CALER, DONTEN, I_EVINE, DRUKER, PORTER, & VEl:L, P.A. of West Palm Beach, Florida, for ~e fiscal year ended September 30, 2003 (Propose! Resolution No. RO3-109) Approve the "piggy-back" on the three-year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills, Florida, for Debds Collection and Disposal 2003 Hurricane Season (all expenses will be reimbursable through FEMA; therefore, there is no expenditure) (Proposed R~solution No, R03-110) Award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES," Bid #069-1412-03/JA, to various vendors with an estimated annual expenditure of $35,000 Award the bid for "ANNUAL SUPPLY OF'METAL CONTAINERS AND ROLL- OFFS'; Bid #057-2510-03/CJD to INDUSTR[AL REFUSE SALES, of Eaton Park, Florida, in the amount of $100,000 Award Bid #058-2413-03/~D, Poinciana Heights Water Main Replacement Project, to AKA Services, Inc., in the amount of $616,115 plus owner's contingency of 10% for a total project budget appropriation of $677,726.50 (Proposed Resolution No. R03-111) Award the "INSTALLATION OF A SIDEWALK ALONG THE NORTH SIDE OF N.W. 4~ AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE INSTALLATION OF AN ACCESSIBILI-I'Y Agenda Regular City Commission Heeting Boynton Beach,~Florida July 15, 2003 SIDEWALK AT SARA SIMMS MEMORIAL PARK" in the amount of $75,059.25 Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C.1D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms C. Resolutions: Proposed Resolution No. R03-112 Re: Release of a cash bond of $495 to LM Development for the project known as Inches-A- Weight Proposed Resolution No. R03-113 Re: Release of a cash bond of $1,340 to Venture Realty, Inc. for the project known as East Coast Furniture Proposed Resolution No. R03-114 Re: Accepting Letter of Credit No. 3056469 with amendment no. 1 from Bank of America in the amount of $5,997 as surety for the satisfactory performance of the sewer improvements for the project known as Ocean Cay Proposed Resolution No. R03-115 Re: Release of cash surety in the amount of $2,500 for the Boynton Lakes Plat 5 Subdivision Proposed Resolution No. R03-116 Re: Full release of the remaining surety for the sewer system improvements for the project by the Town of Hypoluxo, known as Hypoluxo Point, in the amount of $80,000 Proposed Resolution No. R03-117 Re: Full release of the remaining surety for the water and sewer system improvements for the project known as Island Reach Apartments, and refunding the cash surety in the amount of $25,278 to the original developer, Island Reach Partners, Ltd. Proposed Resolution No. R03-118 Re: Accepting Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust in the amount of $75,431 as surety for the satisfactory performance of the water and sewer improvements for the project known as Survivors Charter School (Quantum Park Lots 18, 19, 18A & 19A) Proposed Resolution No. R03-119 Re: Agreement for Water Service Outside the City Limits with Brian Spence as owner for the 4 Agenda Regular City Commission MeeUng Boynton Beach,-FIorida July 15, 2003 property located at 1095 James Road, Lantana, Florida (Lots 22 & 23 Hypoluxo Ridge) Proposed Resolution No. R03-120 Re: Reduction of the surety requirement covering the water and wastewater systems for the project known as Artesa/.]onathan's Creek by the amount of $345,636, resulting in a revised surety amount of $18,200 10. Proposed Resolution No. R03-121 Re: Reduction of the surety requirement covering the water and wastewater systems for the Medical Arts Professional Center project by the amount of $96,497.10, resulting in a revised surety amount of $5,100 11. Proposed Resolution No. R03-122 Re: Extension and Amendment to Agreement between the Qty of Boyntzm Beach and Paul W. Smith Enterprises, Inc., d/b/a Boynlz)n Trarg;it Advertising regarding bus shelters and bus benches 12. Proposed Resolution No. R03-123 Re: Ratification of the collective bargaining agreement between the City of Boynton Beach and the Police Benevolent Association - Police Lieutenants 13. Intentionally left blank 14. Proposed Resolution No. R03-124 Re: First Amendment to the Interlocal Agreement established by R01-337 between the City of Boynton Beach and the Municipal Public Safety Communications Consortium for the construction and implementation of its Countywide Interoperable Radio Communications System 15. Proposed Resolution No. R03-125 Re: Release of two cash bonds, totaling the sum of $7,580.10, to Vitcar Consulting Co., Inc. for the project known as Medical Arts Professional Center, located at 2300 S. Congress Avenue 16. Intentionally left blank 17. Proposed Resolution No. R03-126 Re: Approval of Task Order No. 25 in the amount of $1,285,947 (plus an owner's contingency of 5% for a total budget appropriation of $1,350,244.35) with CH2H Hill, Inc. to provide final design, permitting, bidding and construction phase services for Phase 2 of the Central Seacrest Corridor Stormwater Improvements and Water Hain Replacement project (formerly Neighborhood 7/8/9) 5 Agenda Regular City Commission Meeting Boynton Beach, ~lorida July 15, 2003 18. Proposed Resolution No. R03-127 Re: Release of restoration surety of $11,000 for Boynton Beach Market Place (Waters Edge Marina, Inc.) Ratification of Planning & Development Board Action: Ed Carey Design (I~ISPH 03-002), 2600 High Ridge Road - Request for a major site plan modification to construct a 1,940 square foot building addition to be used as a showroom for an existing 5,605 square foot business on 1.77 acres in the PID zoning distdct (Quantum Park PID) Renaissance Commons (NWSP 03-007), 1500 Gateway Boulevard - Request for site plan approval for a mixed use project consisting of a 10,662-square foot commercial building combined with 8 townhouse units, a l-story 4,338 square foot commercial building, 250 apartment units, 2 parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 2.8.368 acres $eacrest Medical Tower (HTEX 03-004)~ NE corner of SE 23rd Avenue and Seacrest Boulevard - Request for a height exception of 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the decorative roof for the elevators to be 35' 8" in height, a distance of 8 inches above the 35-foot maximum height allowed for a building with under building parkin9 in the C-1 zoning district Ratification of CRA Action: Phillips ]:ndustrial Park (NWSP 03-003), Lots q and 5, West Industrial Avenue - Request for site plan approval for a 14,480 square foot office/warehouse building, 6 material storage bins, and related site improvements on a 1.43-acre lot in the M-1 Industrial zoning district The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue - Request for site plan approval for construction of a 12,q80 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district Approve the petition from Dennis Leahy, representing Encore Sedan-Limousine Service vehicle for hire business, for a Certificate of Public Convenience and Necessity Authorize the Utilities Department to turn over $130,561.06 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Agenda Regular City Commission Meeting Boynton Beach, ~Florida July 15, 2003 Approve the "SURPLUS EQUIPMENT LIST" as submitted by staff and allow for disposal of same Allocation of $1,000 of Community Investment Funds for the American Legion Baseball State Tournament (Commissioner Ron Weiland) Accept the written report to Commission of purchases over $10,000 for the months of May and .lune 2003 for informational purposes Ko Allocation of $5,000 of Community Investment Funds for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center (Vice Mayor Ferguson) Approve the excavation permit for removal of approximately 85,000 cubic yards from Tract "J" and Lot 34-C for addiUonal stormwater det~ntio~ necessary for continued development on the north half of the Quantum Park Development Status report on proposed purchase of 4 parcels for NE 7~ Street Area Water Main Replacement and Stormwater Improvement Project Approval of the plat of Boynton Beach Woolbright Parcel subject to approval by the City Engineer Approval of the plat of Hawk's Landing P.U.D. subject to approval by the City Engineer VI. CODE COHPI.ZANCE & LEGAL SE'R'LEf4ENTS: Authorize a court ordered mediation settlement with Deborah Green, Plaintiff, in the amount of $45,000 (initial demand at mediation was $100,000) Authorize a court ordered mediation settlement with Thomas Frank Brown, Plaintiff, in the amount of $11,000 (initial demand at mediation was $100,000) Accept request for a "partial release" of lien for the vacant lot known as Lot 16, Block 1, Lake Addition , VII. PUBL/C AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LTMI'I'ED TO 3-MINUTE PRESENTATIONS PUBI TC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Project: Agent: Owner: Location: Seecrest Medical Tower (COUS 03-006) Francisco A. Soils Francisco A. Soils Northeast corner of SE 23"~ Avenue and Seacrest Boulevard 7 Agenda Regular City Co~mission Meeting Boynton Beach, Florida July 15, 2003 Description: Request for conditional use/new site plan approval for the construction of a 9,746 square foot medical office building on a 0.60-acre parcel in the C-1 zoning district Project: Agent: Owner: Location: Description: Villas at l~uantum Lakes Phase TTT (ABAN 03-003) Robert S. Fike Quantum Lakes Villas II, Corporation South of Gateway Boulevard; West of High Ridge Road Request for abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase II! of the apartment complex Project: Agent: Owner: Location: Description: Boynton Beach Marina Townhomes (COUS 03-003) Lawrence .~ustiz, The Related Group Boynton Beach, LTD TRG-Boynton Beach Ltd 743 NE First Avenue Request for conditional use/site plan approval for the construction of 11 three-story townhouse units on 7.349 acres in the Mixed Use-High (MU-H) zoning district Two Special Warranty Deeds conveying title to the Boynton Beach Faith Based Community Development Corporation (CDC) for: Lot 2, less the East 2.35' and West 1', Block 13, Rolling Green Ridge Seacrest Addition; and Lot 20, Block 25, Rolling Green Ridge First Addition (Proposed Resolution No. R03-128) Public Headng on the Section 108 Loan Application for the Heart of Boynton Community Redevelopment Project F. Intentionally left blank Deny the appeal of a bid protest from CONDO ELECTRIC & INDUSTRIAL SUPPLY, INC. for the "PURCHASE OF TWO NEW AND UNUSED 110HP SUBMERSIBLE WASTEWATER PUMPS," Bid #027-2822-03/CJD and accept the recommendation of City staff and the City Manager Approval of the City of Boynton Beach One-Year Community Development Block Grant Action Plan for FY 03/04, to include sub-grantees and contracts (Proposed ResoluUon No. R03-129) cTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (TABLED ON $/20/03) B. Intentionally left blank Agenda Regular City Commission MeeUng Boynton Beach, [:lorida 3uly 15, 2003 C. Authorize the Urban Group to move forward with land acquisition for a NE Fire Station site as per the intent of the fire assessment capital improvement project D. Follow-up on proposed purchase of 5.5 acre Florida Inland Navigation District parcel on South Federal Highway (Jaycee Park Parcel) X. FUTURE AGENDA TrEMS: A. Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 (August 5, 2003) B. Proposed Lease Agreement with Boynton Woman's Club (,August 5, 2003) C. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) D. Annual Update of City Pay Classification Plan (August 5, 2003) E. Proposed Ordinance regarding Political Signs (August 5, 2003) F. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (August 19, 2003) G. Follow-up Meeting with CRA on Development Issues (August 2003) H. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) I. 1~ Public Hearing regarding Budget (September 4, 2003) .1. First Budget Hearing (September 9, 2003) K. Second Budget Hearing (September 16, 2003) L. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed ResoluUon No. R03- ) NEIN BUS]:NESS: A. Authorize designation of Commissioner Carl McKoy as voting delegate to the Florida League of Cities Annual Meeting, August 14-16m B. Review the compensation level of the Mayor and City Commission 9 Agenda Regular City Commission MeeUng Boynton Beach,~lorida July 15, 2003 Co Authorize Legal Staff to draft an ethics ordinance covering the City Commission, advisory boards, and staff LEGAL: A. Ordinances - 2"d Reading - PUBI./C HEARING None B. Ordinances - 1s~ Reading Proposed Ordinance No. 03-035 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) C. Resolutions: Proposed Resolution No. R03-130 Re: Establishing the estimated assessment rate for Fire Rescue Assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof Proposed Resolution No, RO3-131 Re: Calling for an in- precinct election to seek referendum approval for the issuance of general obligation bonds in the amount of $11,075,000; providing ballot language; providing the election shall be held November 4, 2003; directing the City Clerk to provide a certified copy of this resolution to the Supervisor of Elections; and authorizing the City administration to do all things necessary to effectuate the intent of this resolution D. Other: None UNI~N:ISHED BUS:[NESS: Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting 10 Agenda for Joint Meeting Between City Commission and Community Redevelopment Agency Wednesday, December 17, 2003 5:30 PM Conference Room C - West Wing City Hall Call to Order by Mayor Taylor Introduction of City Commission and Community Redevelopment Agency Board Discussion Items for Meeting: 1. Role of CRA for Economic Incentives - What is the long-range intent and policy of the CRA for incentives? 2. Parking Issues in the CBD area and Civic Center Area - What options should be considered by the City and the CRA to address future parking needs? Does this include the establishment of a parking authority? 3. Civic Center Area - What Options Should be considered by the City Commission and the CRA for Building Uses in the City Hall/Civic Center Area? (Old High School, Library, Museum, City Hall, Art Center, Madsen Center) 4. Long-Range Plans for the CRA Boundaries - What areas does the CRA see as being substantially completed so that the area can be taken out of the CRA? What is a reasonable schedule for compression of the CRA Boundaries? 5. Enhanced City Services to the CBD Area - How will they be provided and how will they be paid for? Currently, the City and CRA are dealing with the issue on a case-by-case and year-to-year basis. Will there be discussion of a formalized mechanism such as a Downtown Development Agency? 6. Utility Services to the CBD Area, MLK Area and Federal Highway Corridor - How is this progressing? (Note: This item can be a subsequent meeting with City Staff and Commission or held to another joint meeting.) 7. What are the specific timeframes for approved projects in the CRA - Marina and Arches, specifically. 8. What plans does the CRA have for Special Events in the CRA Area? How can these be coordinated more fully with City, BODA or Chamber Events? 9. Does the CRA Plan on developing design guidelines or criteria for development in the CRA? If so, will this tie in with possible incentives? 10. Other The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA DECEMBER 16, 2003 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI TC PART~CTPAI~ON AT CZTY OF BOYNTON BEACH COMMISS:ION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISS:ION MEETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda :items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMTSSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). December 16, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. II. Ill. B. C. D. 1. 2. OTHER: OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational United Church of Christ Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission ANNOUNCEf4ENTS, COf41~IUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) 2. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) 3. Solid Waste Christmas & New Year's Holiday Pickup Schedule B. Community and Special Events: 1. Oceanfront Concert - Friday, December 19, 2003 - 6:00-9:00 p.m. - Oceanfront Park (Burnt Biscuit - Country/Western) C. Presentations: 1. Presentation by United States Representative Clay Shaw to East Boynton Beach Little League 2. Present the 2003 Holiday Parade awards Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 Proclamations: a. Haiti Bicentennial Day- January 1, 2004 PUBLZC AUDTENCE: [NDIVZDUAL SPEAKERS WTLL BE LTMITED TO 3-MZNUTE PRESENTATIONS (at the discretion of the ChaJr~ this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date I Ensler I! McCray Mayor Taylor III Ferguson Mayor Taylor ! Ensler III Ferguson I Ensler Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Cemetery Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Alt 1 yr term to 4/04 Tabled (2) Stu/NonVoting 1 yr term to 4/04 Tabled (2) Stu/Voting I yr term to 4/04 Tabled (3) Reg 3 yr term to 4/04 Tabled (3) Reg 2 yr term to 4/05 Tabled (3) Reg 2 yr term to 4/05 Tabled (3) Reg 2 yr term to 4/05 Tabled (2) Alt 1 yr term to 4/04 Tabled (3) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of December 1, 2003 Regular City Commission Meeting of December 2, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 Approve the purchase from DGG Taser, 75 M-26 advanced air tasers in the amount of $56,665.95 for the Police Department (90% of funding provided by the Federal Local Law Enforcement Block Grant) Award the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)," Bid #006-2811-04/C]JD to IiCI/]jones Chemicals, Inc. of Ft. Lauderdale, Florida, for an estimated annual expenditure of $140,000 Award the "SENIOR CENTER PHASE II INTERIOR RENOVATIONS," Bid #003-2413-04/]JA to SPADES CONTRACTORS, INC., of Ft. Lauderdale, Florida, in an estimated amount of $86,666 plus a 10% contingency to be included for a total of $95,332 (funding is from two grants from Forrest C. Lattner Foundation Inc.) (Proposed Resolution No. R03-193) Award the "PURCHASE OF FIVE NEW AND UNUSED 60 KW GENERATOR SETS to CJ'S SALES AND SERVICE, of Ocala, Florida, in the amount of $119,725 - Bid #092-2821-93/]A C. Resolutions: Proposed Resolution No. R03-186 Re: Contract Associates to continue consulting services to the Heart projects at a cost of $7,000 with .lEG of Boynton Proposed Resolution No. R03-194 Re: Revision Rescue Advanced Life Support ambulance transport fees of Fire Proposed Resolution No. R03-195 Re: Two Agreements for Water Service Outside the City Limits with William and ]jennie Herzer for the properties located at 1028 and 1220 Highview Road, Lantana (Lots 158 and 184 respectively, Ridge Grove Addition No. 1) Proposed Resolution No. R03-196 Re: Contract with Kimley- Horn and Associates, Inc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area at a base cost of $56,000 with optional elements amounting to an additional $48,000 (all costs are to be paid by the City of Boynton Beach Community Redevelopment Agency) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 VII. City Library (MSPM 03-011), 208 South Seacrest Boulevard - Request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district City Library (HTEX 03-007), 208 South Seacrest Boulevard - Request for a height exception to allow the atrium tower feature of the library addition to exceed the allowable 45-foot height limit by approximately 9 feet Release of a cash bond of $3,300 to B & M Construction Company, Inc. for the project known as Mobil on the Run Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by the Public Works Department and allow for the sale of same Approve the $255,796.20 performance bond for restoration purposes for the Renaissance Commons site south of Gateway Boulevard on the east side of Congress Avenue, subject to approvals by the City Attorney and the Finance Department Approve renaming "Beta Drive" within the Quantum Park PID to "The Watershed Way" CODE COMPLZANCE & LEGAL SE'rFLEMENTS: A. None PUBLIC HEARING: 7:00 p.t4. OR AS SOON THEREAFTER AS THE AGENDA PERI,tITS Project: Agent: Owner: Location: Description: Boynton Delray Academy (COUS 03-008) (TO BE TABLED BY COMMISSION) Marry Madura Keith D. Kern Northwest corner of Martin Luther King, Jr. Boulevard and Railroad Avenue Request Conditional Use approval for a primary/secondary Charter School Project: Agent: Owner: Location: Description: Boynton Delray Academy (ABAN 03-012) Marty Madura Keith D. Kern West of Railroad Avenue between NE 11th Avenue and NE 10th Avenue Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels 4 Agenda Regular City Commission Heeting Boynton Beach, Florida December 16, 2003 TX. cTrY MANAGER'S REPORT: Ratify the Education Advisory Board's resolution concerning the opposition of the use of FCAT scores and present this resolution to the School District of Palm Beach County Ratify the Education Advisory Board's resolution concerning Galaxy Elementary School being added to the School District's Modernization List and present this resolution to the School District of Palm Beach County C. Recognition of City employees regarding Cemetery incident X. FUTURE AGENDA TI'EMS: Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance B. Strategic Planning Session (.lanuary 2004) C. Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (.lanuary 2004) E. Workshop regarding City Hall/Public Safety Space Needs Report (mBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) Xt'. NEW BUSTNESS: None XZT. LEGAL: A. Ordinances - 2"* Reading - PUBL]~C HEARING Proposed Ordinance No. 03-062 Re: Amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type Proposed Ordinance No. 03-063 selection of the Vice Mayor Re: Procedure for the Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 Proposed Ordinance No. 03-064 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, revising Section 18-170 to provide for optional forms of benefits and amending Section 18-174 to provide for a cost of living adjustment Proposed Ordinance No. 03-065 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, providing for monthly supplemental benefits Ordinances - 1st Reading 1. Proposed Ordinance No. 03-066 Re: Abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision (Mangrove Walk Alley) 2. Proposed Ordinance No. 03-067 Re: Designation of an official Municipal Seal C. Resolutions: None D. Other: 1. Set date for closed-door session to discuss three court cases XIII. UNFINISHED BUSINESS: A. City Commission review of appointment of Chairs of quasi-judicial boards AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WiTH RESPECT TO ANY MAITER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W]-ITI A DISABILITY AN EQUAL OPPORTUNITY TO PARllCIPATE IN AND EN]OY THE BENEFITS OF A SERVICE~ PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 12/15/2003 8:57 AM S:\CC\WP\CCAGENDA~AGENDAS\Year 2003\121603 - final agenda.doc TO: FROM: RE: MEMORANDUM December 11, 2003 Honorable Mayor and City Commission Kurt Bressner City Manager James A. Cherof, City Attomey~ ~ Request for Executive Session Pursuant to Section 286.011(8), Florida Statutes, I would like to request a closed door Executive Session be scheduled to discuss pending litigation in the following cases: City of Boynton Beach vs. Barcelona Pre-Cast, Inc., etc. Case No. CA 02-13558 AN Vincent Molle and Alene Molle vs. City of Boynton Beach and FDOT Case No. CA 01-07267 AG Boynton Beach Alliance and Desiderio Corporation, etc., vs. City of Boynton Beach Case No. CA 02-01704 AN We will need approximately one-half hour for each case. We can discuss dates for the Executive Session at the December 16th City Commission meeting. I wil! bring this matter up under Legal: Other. JAC/ral S:\CA\COMM~Request for Ex Session -121003.doc The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager NOVEMBER 18, 2(~VlMiSSiON APPROVAL www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission I~leeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPATZON AT CZTY OF BOYNTON BEACH COt41qZSS]:ON f4EETZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:terns: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda ]:terns: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAK]:NG AT COI~II~I]:SS]:ON f4EE'D[NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESS]:NG THE COMMZSS]:ON: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUI~I: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). November 18, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. II. III. B. C. D. 1. 2. OTHER: OPENINGS: Call to Order- Mayor Taylor Invocation - Father Mark Szanyi, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner McCray Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTrY & SPECIAL EVENTS, & PRESENTA'r~ONS: A. Announcements: Community and Special Events: Oceanfront Concert - Friday, November 21, 2003, 6:00-9:00 p.m. - Cricklewood Band (Doo wop) - Oceanfront Park PAX-TV's "Animal Tales"- Saturday, November 22, 2003, 11:00 a.m. - 2:00 p.m. - Parking lot in front of the Barnes & Noble store, 333 N. Congress Avenue "A Season of Peace" Holiday Tree Lighting - Saturday, November 22, 2003, 6:00-9:00 p.m. - Schoolhouse Children's Museum CRA Multi-Cultural Winter Carnival - Saturday, December 6, 2003, 2:00 p.m.-midnight - 500 block of Ocean Avenue Holiday Parade - Sunday, December 7, 2003, 3:00 p.m. - Federal Highway Presentations: 1. Proclamations: a. Dr. Martin Luther King, Ir. Day - January 19, 2004 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LTMTrED TO 3-MZNUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may nc. cd to be adjusted depending on the level of business coming before the City Commission) Appointment To Be Made ADMZNZSTRATZVE: A. Accept resignation from Development Board Appointments to be made: Bob Ensler, Alternate Member of the Planning & Board Length of Term Expiration Date III Ferguson IV McKoy Mayor Taylor Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Alt Stu/NonVoting Stu/Voting 1 yr term to 4/04 Tabled (3) I yr term to 4/04 Tabled (3) I yr term to 4/04 III Ferguson Cemetery Board Reg 3 yr term to 4/04 III Ferguson Education Advisory Board Stu i yr term to 4/04 Tabled (3) Mayor Taylor Nuisance Abatement Board Reg I Ensler Nuisance Abatement Board Reg II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 Tabled (3) I Ensler Planning & Development Board Alt i yr term to 4/04 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A, Minutes: Agenda Preview Conference of November 3, 2003 Regular City Commission Meeting of November 5, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS," Bid #072-2821-03/.1A, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 Multi-award Bid #091-1412-03/C_.1D "ANNUAL SUPPLY OF BRASS FITi-ZNGS AND ACCESSOP, IES" on an overall basis to the lowest, most responsive, most responsible bidder who meets all specifications, with an annual expenditure of $200,000 Utilize the STATE OF FLORIDA, SNAPS AGREEMENT #2502011-4 to R & S INTEGRATED PRODUCTS AND SERVICES, INC. to provide document imaging of permitting records with an estimated annual cost of $36,200 Award Bid #004-2821-04/]A, WEST WATER TREATMENT PLANT PHASE III, MEMBRANE REPLACEMENT PRO3ECT, to Amedcan Engineering Services, Inc. and to execute a contract in the amount of $628,709.70 and approve an owner's contingency of 10% in the amount of $62,870.97 for a total project budget appropriation of $691,580.67 (Proposed Resolution No. RO3-18:L) Piggy-back City of West Palm Beach Bid #00/01-46 with Metro Service Consultants Inc. to provide a coordinated program of fire hydrant testing of 3,100 hydrants and documentation of testing and maintenance for an amount up to $75,000 C. Resolutions: 1. Intentionally left blank Proposed Resolution No. R03-182 Re: Execution of a contract with each of the 20 final, acceptable, qualified firms that responded to the Request for Qualifications (RFQ) #065-2821-03/CJD, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach" Proposed Resolution No. R03-:1.83 Re: Authorizing individuals to sign for all City accounts at Bank of America D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None Approve the petition from Anthony Diodato, representing Dependable Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 3 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 Request for amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type Approve South Central Regional Wastewater Treatment and Disposal Board Resolution No. 1-03, modifying Resolution No. 9-81, to provide that upon collecting user charges from the Cities of Delray Beach and Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board shall retain in its own independent and segregate sinking fund account the sum appropriated out of such collected user charges as the sinking fund, rather than distributing the same to the Cities of Delray Beach and Boynton Beach for their independent investment VII. CODE COMPL~I~.NCE & LEGAL SE'n'LEMENTS: A. None VIII, PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None IX. cTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabledon 11/$/03,) X. FUTURE AGENDA I'I'EMS: A. High School Task Force Report (December 2, 2003) Development of Resolution calling for display of POW/MIA Flag (December 2, 2003) Consideration of additional homestead exemption for eligible seniors (December 2, 2003) D. Discussion of rotation of CRA Chair (December 16, 2003) Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 6:30 p.m. - Conference Room C - West Wing) City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (January 6, 2004) 4 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 H. Strategic Planning Session (.1anuary 2004) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) .1. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) K. Proposed Lease Agreement with Boynton Woman's Club (TBA) X/. NEW BUSZNESS: A. Discussion of an Ordinance or procedure for the selection of the Vice Mayor Motion to rescind prior Commission action of October 21, 2003 that granted the following: Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(~,) requiring that driveways will be limited to i per street frontage to allow 2 driveways along the street frontage for an existing gas station business Gateway Texaco (ZNCV O3-O13), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station Gateway Texaco (ZNCV 03-014 and 03-015), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land 5 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business Gateway Texaco (ZNCV 03-O16 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(:[) requiring a 10 foot wide landscape buffer along the street frontage and to include I tree :[0 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business Gateway Texaco (ZNCV 03-O23), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article ]:T]~. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business Marouf's Car Wash (NWSP 03-Oll), 2360 North Federal Highway - Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district Gateway Texaco (COUS 03-007), 2360 North Federal Highway - Request for conditional use/major site plan modification approval for a 68:[ square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district 6 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 XZZ. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING None B. Ordinances - 1~t Reading Proposed Ordinance No. 03-059 Re: 02-022, which was adopted on June a,, 2002 easement in Quantum Park Rescinding Ordinance to abandon a utility Proposed Ordinance No. 03-060 public utility easement (L.A. Fitness) Abandonment of a Proposed Ordinance No. 03-061 Re: 18, Pensions and Retirement, Article D( Early Program Amending Chapter Retirement Incentive C. Resolutions: None D. Other: None XIII. UNFINTSHED BUSTNESS: Proposed Resolution No. R03-184 Re: Approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with ]uvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 for fiscal year 2002-03 XI'V. AD3OURNMENT: NOTICE IF A PERSON DEC[DES TO APPEAL ANY DECISION MADE BY THE Q-FY COMMISSION WITH RESPECT TO ANY HA'FI'ER CONSIDERED AT THIS MEETING~, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~, FOR SUCH PURPOSE,, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHAll FURNISH APPROPRIATE AUXILE4RY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL w1'rH A DISABIU'TY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFI-PS OF A SERVICEd PROGRAM~ OR ACTIVITY CONDUCTED BY THE CI'FY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LF. AS-r TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 11/18/2003 10:30 AM S:\CC\WP~CCAGENDA~AGENDAS\YEAR 2003\111803 FINAL AGENDA.DOC 7 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA DECEMBER 2, 2003 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI_ZC PAR'rZCZPA'I'ZON AT CTrY OF BOYNTON BEACH COMMISSION MEE'rZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSI:ON MEEI'[NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majodty vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). December 2, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. II, III. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: Community and Special Events: CRA Multi-Cultural Winter Carnival - Saturday, December 6, 2003, 2:00 p.m.-midnight - 500 block of Ocean Avenue Holiday Parade - Sunday, December 7, 2003, 3:00 p.m. - Federal Highway Oceanfront Concert - Friday, December 19, 2003 - 6:00-9:00 p.m. - Oceanfront Park (Burnt Biscuit - Country/Western) Presentations: 1. Proclamations: None Presentation of State Resolution honoring the East Boynton Beach Little League Team by State Representative Ann Gannon Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 TV. PUBLZC AUDTENCE: INDZVZDUAL SPEAKERS WILL BE LTMZTED TO 3-MTNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date I Ensler II McCray Mayor Taylor III Ferguson Mayor Taylor I Ensler III Ferguson I Ensler Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Cemetery Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Alt 1 yr term to 4/04 Stu/NonVoting I yr term to 4/04 Stu/Voting i yr term to 4/04 Tabled (2) Reg 3 yr term to 4/04 Tabled (2) Reg 2 yr term to 4/05 Tabled (2) Reg 2 yr term to 4/05 Tabled (2) Reg 2 yr term to 4/05 Alt i yr term to 4/04 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Special City Commission Meeting of November 7, 2003 Agenda Preview Conference of November 17, 2003 Regular City Commission Meeting of November 18, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MAINTENANCE/PARTS/REPAIR, BID #086-2822-03/CJD to ADVANCE GENERATOR SALES & SERVICE, INC. of Royal Palm Beach, Florida, in an estimated amount of $46,100 Approve the expenditure of $25,000 for H.T.E. LX Clean-up Project Phases 3 & 4 for I.T.S. Department (sole source vendor) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 C. Resolutions: Proposed Resolution No. R03-185 Re: Approval of contract with United Forward and UF Fluid Systems, Inc. for Economic Development Set-Aside previously agreed upon on July 2, 2002, for $50,000 in CDBG matching funds with Palm Beach County Housing and Community Development 2. Intentionally left blank Proposed Resolution No. R03-187 Beach County League of Cities Appointment to Palm .. Proposed Resolution No. R03-188 Metropolitan Planning Organization Re: Appointment to Proposed Resolution No. R03-189 Re: Coalition of Boynton West Residents Association Appointment to Proposed Resolution No. R03-190 Jurisdictional Issues Coordination Forum Appointment to Multi- Proposed Resolution No. R03-191 Re: Setting aside the third Friday of September in each year as POW/MLA recognition Day and authorizing the display of the POW/MLA Flag at City Hall o Proposed Resolution No. R03-192 Re: Approval of Amended Agreement with Palm Beach County Property Appraiser increasing the Administrative Fee charged pursuant to Section 197.363(1) Florida Statutes for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments (Administrative Fee will increase from $100 to $150 per year) Ratification of Planning & Development Board Action: 1st Southern Bank Phase TT (ZNCV 03-021), 1800 W. Woolbright Road (aka 1710 W. Woolbright Road) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article IV, Section 2(B), limiting a single use to one site sign to allow the erection of 2 site signs for an office building - TO BE PULLED FOR DISCUSSION Boynton Beach Faith Based Community Development Corporation North Palm Way (ZNCV 03-022), Lot 2 North Palm Way, approximately 80 feet east of Seacrest Boulevard - Request for 3 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a rear yard setback of 25 feet, to allow a variance of 6 feet or a rear setback of 19 feet for a single-family house in a R-1 zoning district- TO BE PULLED FOR D1:SCUSSION Renaissance Commons Phase !! (NWSP 03-016), Southeast corner of Congress Avenue and Gateway Boulevard - Request for new site plan approval for a 4,200 square foot commercial building on 28.368-acres in a C-3 zoning district Renaissance Commons Phase !!! (NWSP 03-017), Southeast corner of Congress Avenue and Gateway Boulevard - Request for new site plan approval for the third phase of a mixed-use project consisting of 28,962 square-feet of commercial space and 8 apartment units within 3 separate buildings on 5.56 acres in the C-3 zoning district Fire Station #2 (NWSP 03-015), Woolbright Road approximately 650 feet west of Congress Avenue - Request for new site plan approval for a 23,339 square foot fire station on 3.98-acres in a PU zoning district Quantum Park Lots 73-A - 76 (SPTE 03-005), Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.I.D. - Request for a 6-month time extension to the approved site plan for construction of 196,554 square foot office/industrial space, from November 6, 2003 to May 6, 2004 Fire Station #2 (CDPA 03-002), Woolbright Road approximately 650 feet west of Congress Avenue - Request for an appeal of the Land Development Regulations, Chapter 9, Section 11..1 to permit overhead bay doors to face Woolbright Road for Fire Department apparatus bays E. Ratification of CRA Action: Buchanan Variance (ZNCV O3-O19), 807 Ocean Inlet Drive - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25 foot rear yard setback to allow a 7 foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district - TO BE PULLED FOR DISCUSSION Release cash bond of $3,500 to Leighton McGinn Company for the project known as the Survivor Charter School Go Release cash bond of $18,544.90 to Matthew O'Connor for the project known as Survivor Charter School Approve the surety and excavation of more than 1,000 cubic yards of fill for the Quantum Village Townhomes project aka Canterbury at Quantum Park Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 Authorize the use of Community Tnvestment Funds for the HeadStart Scholarship Program - $500 and American Legion Girls State $400 requested by Commissioner Mack McCray Approve the "SURPLUS COMPUTER EQUIPMENT" (MONITORS AND CPUs) as submitted by the Warehouse and allow for the donation of same to the Community Development Center, Inc. of Boynton Beach VII. VIII, CODE COMPLZANCE & LEGAL SETrLEMENTS: A. Motion to pay William .1. Fogarty for settlement of motor vehicle accident of October 23, 2003, in the amount of $13,000 PUBLIC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERIqITS A. Project: Mangrove Walk Alley (ABAN 01-004) Agent: City Initiated Location: 600 & 700 block of NE 8th Avenue and NE 9th Avenue Description: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision B. Discussion of Marina Development Agreement (Tabledon .~.~/.~/03) C. Approval of the Second Amended Mediation Agreement for the Marina cI'rY MANAGER'S REPORT: A. Review report of Old High School Task Force B. Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 FUTURE AGENDA 1'rEMS: A. Discussion of rotation of CRA Chair (December 16, 2003) B. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) C. City Commission Capital ]~mprovement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (.January 6, 2004) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 XI. XII. Strategic Planning Session (January 2004) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) Workshop regarding City Hall/Public Safety Space Needs Report (TBA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) NEW BUSINESS: None LEGAL: A. Ordinances -- 2nd Reading - PUBI_~C HEARING Proposed Ordinance No. 03-039 Re: Amending Policy 1.16.1 of the Comprehensive Plan to clarify types of uses permitted within the Mixed Use (MX) and the Mixed Use Core (MX-C) land use classifications and to provide ranges of allowable percentages of land uses within each classification Proposed Ordinance No. 03-054 Central Business District Re: Establishing an Urban Proposed Ordinance No. 03-059 02-022, which was adopted on June easement in Quantum Park Re: Rescinding Ordinance 4, 2002 to abandon a utility Proposed Ordinance No. 03-060 public utility easement (L.A. Fitness) Re: Abandonment of a Proposed Ordinance No. O3-O61 Re: Amending Chapter 18, Pensions and Retirement, Article IX Early Retirement Incentive Program B. Ordinances - 1~t Reading Proposed Ordinance No. 03-062 Re: Amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type Proposed Ordinance No. 03-063 selection of the Vice Mayor Re: Procedure for the 6 Agenda Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 XIII. XIV. Proposed Ordinance No. 03-064 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 15 of the Code of Ordinances, revising Section 15-170 to provide fOr optional forms Of benefits and amending Section 18-174 to provide for a cost of living adjustment Proposed Ordinance No. 03-065 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, providing for monthly supplemental benefits C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITy AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 12/1/2003 5:09 PM $:\CC\WP\CCAGENDA~AGENDA$\YEAR 2003\120203 FINAL AGENDA.DOC The City of Boynton Beach 100 E. BoYnton Beach Boulevard · (561) 742-6000 City Commission AGENDA NOVEMBER 5, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission 14eeting GENERAL RULES & PROCEDURES FOR PUBI. ZC PARTZCZPATZON AT CZTY OF BOYNTON BEACH COMMISSLON MEETLNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:terns: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ttems: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKTNG AT COMMTSS:ZON MEETI:NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters ngt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda ]tems: Any citizen may speak on any official agenda item(s) listed on the agenda after · a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMM:[SS]ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). November 5, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Moment of Silent Reflection C. Pledge of Allegiance to the Flag led by Commissioner Weiland D. IF YOU WISH TO ADDRESS THE COMt4ISSION: · FILL OUT THE APPROPR.I:ATE REQUEST FORM · GTVE IT' TO THE CZI'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE lUlAYOR CALLS YOUR NAt4E INDIVIDUALS HAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Adoption II. III, OTHER: A. Informational Items by Members of the City Commission ANNOUNCEf4ENTS~ COPlPlUNZTY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: B. Community and Special Events: C. Presentations: Agenda Regular City Commission Meeting Boynton Beach, Florida November 5, 2003 Appointment To Be Made 1. Proclamations: Boynton Veterans Council Veterans Day Memorial Celebration - Sunday, November 9, 2003 ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date III Ferguson IV McKoy Mayor Broening II McCray III Ferguson Mayor Broening I Weiland II McCray Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Cemetery Board Reg Education Advisory Board Stu Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Reg Alt 1 yr term to 4/04 Tabled (2) Stu/NonVoting 1 yr term to 4/04 Tabled (2) Stu/Voting i yr term to 4/04 3 yr term to 4/04 Tabled (3) 1 yr term to 4/04 Tabled (2) 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments, A. Minutes: Agenda Preview Conference of October 20, 2003 Regular City Commission Meeting of October 21, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget None C. Resolutions: Proposed Resolution No. R03-178 Re: Approval of contract between Stormet C. Norem and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 205 NW 8t" Street for the purpose of Fire Rescue training 2 Agenda Regular City Commission Meeting Boynton Beach, Florida November 5, 2003 Proposed Resolution No. R03-179 Re: Agreement for Water Service Outside the City Limits with Barbara T. Clough for the property at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge Grove) Proposed Resolution No. R03-180 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of October 16, 2003: Authorization for the South Central Regional Wastewater Treatment & Disposal Board to record Board assets on financial records effective 10/01/03 Authorization to modify R..1. Sullivan contract for 2 mg reclaimed storage tank for change order #1 in the amount of $42,600, for installation of line stop in 36" outfall line, for a revised contract amount of $877,610; and change order #2 for additional fittings for a revised contract amount of $900,000 (no additional money needs to be appropriated) D. Ratification of Planning & Development Board Action: L.A. Fitness (MSPM 03-007), 2290 and 2298 N. Congress Avenue - Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district Buyer's Investment Group (ZNCV 03-018), SW 4th Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-I-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a 12 foot variance, resulting in a 48 foot frontage for a proposed single-family residence within the R-i-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a 5 foot side yard setback for a proposed single-family residence within the R-I-A single family zoning district Agenda Regular City Commission Meeting Boynton Beach, Florida November S, 2003 VI. VII. Monahan & Monahan (ZNCV 03-020), 703 W. Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7,5 Environmental Regulations Article II, Landscape Code, Section 5,D,, requiring a 7 foot wide landscape buffer adjacent to a public right-of-way, to allow a 2 foot 10 inch-wide landscape buffer, and a variance of 4 foot 2 inches for a commercial office building in a C-2 zoning district Monahan & Monahan (SPTE 03-004), Boynton Beach Boulevard & NW 7t~ Court - Request for a one year site plan time extension to August 6, 2004, for a one-story professional office building totaling 1,838 square feet on a 0,22-acre parcel in the C-2 zoning district E. Ratification of CRA Action: None Approve full release of surety covering the water and sewer systems for the project known as Lester PUD Plat ! and returning the letter of credit to the developer Release of a cash bond of $2,750 to LCI Construction of South Florida, Inc. for the project known as Lighthouse Academy Release of a cash bond of $2,200 to Bliss Construction for the project known as Hunter's Run Country Club (Guardhouse) Accept the award of the block grant for $89,467 from the U.S. Department of Justice Office for training, equipment and computers for Police Department (City's share is !0%) Authorization to re-direct a portion of Community Investment Funds to the R. M. Lee Community Development Center, Inc. CODE COMPLIANCE & LEGAL SETrLEMENTS: Approve/ratify settlement in the amount of $80,000 in the matter of Coral Tech vs. City of Boynton Beach (completion of Senior Center) PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: L.A. Fitness (ABAN 03-010) 4 Agenda Regular City Commission Meeting Boynton Beach, Florida November 5, 2003 XZ, Agent: Owner: Location: Description: Derek Vander Ploeg, Vander Ploeg & Associates, Tnc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on $/20/05.) FUTURE AGENDA ~'I'EMS: Motion to accept the negotiated rates of compensation for services, and authorize by resolution the execution of a contract with each of the final, acceptable, qualified firms that responded to the Request for Qualifications (RFQ) #065-2821-03/C3D, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach." (November 18, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance Proposed modification to the Land Development Regulations regarding rear yard setbacks D. Follow-up Meeting with CRA on Development Tssues (December 2003) Workshop regarding City Hall/Public Safety Space Needs Report (December 2, 2003) F. High School Task Force Report (December 2, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, Tnc. of Boynton Beach in the amount of $7,500 NEW BUSTNESS: None Agenda Regular City Commission Meeting Boynton Beach, Florida November S, 2003 XII. LEGAL: XIII. XIV. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-057 Re: Amending Chapter 14 Motor Vehicles and Traffic, Sec. 14-5 to include "Storage," creating new subsections ([4) and ([5), and providing for the prohibition of parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way 2. Proposed Ordinance No. 03-0S8 Early Retirement Incentive Program B. Ordinances - 1~ Reading None C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None AD.1OURNMENT: Re: Establishing a limited NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C~I'Y COMMISSION WITH RESPECT TO ANY MA'I-FER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TEST'[MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S, 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WrlTI A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEFITS OF A SERVICEd PROGRAM~ OR ACTIVTrY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 11/3/2003 5:14 PM S:\CC\WFACCAGENDA~AGENDAS\YEAR 2003\110503 F~NAL AGENDA.DOC 6 November 5, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: A. Call to Order - Mayor Gerald Broening _ ,,, B. Invocation - Rev. Robert Hahn, First ~ ~O~st Church C. Pledge of Allegiance to the Flag~d b~l']-¢~m~i~ i§si?n~r Weiland ~ // D. TF YOU WZSH TO J~ES$'11~E ~SS ,~O~: · FZLLOUTTHEA · GIVE IT TO TH ) BEFORE THE "OPENINGS" PORT~ON OF TH~~~ Ap.: .~ COMPLETED · COME TO THE P ~ I~tEMAYOR CALLS YOUR NAME INDTVTDUALS M Y~y..SPEAK FOR THREE UNINTERRUPTED MINUTES. II, 2. OTHER: III, E. Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPECTAL EVENTS, & PRESENTATZONS: A. Announcements: B. Community and Special Events: C. Presentations: A~lenda Regular City Commission Meeting Boynton Beach, Florida November S, 2003 1. Proclamations: Boynton Veterans Council Veterans Day Memorial Celebration - Sunday, November 9, 2003 Appointment To Be Made III IV Mayor II III ADMINISTRATZVE: ~ ~ ~~~ Appointments to be made: Ferguson ~: :: ~ e I:i:~lt McKoy ~ re "~ i~!' b~Stu/NonVoting McCrayBroening ~t sc ~ :::Voting Ferguson ion Adviso~ Board Stu Length of Term Expiration Date i yr term to 4/04 Tabled (2) 1 yr term to 4/04 Tabled (2) 1 yr term to 4/04 3 yr term to 4/04 Tabled (3) 1 yr term to 4/04 Tabled (2) Mayor Broening Nuisance Abatement Board Reg I Weiland Nuisance Abatement Board Reg II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) 2 yr term to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of October 20, 2003 Regular City Commission Meeting of October 21, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget None C. Resolutions: Proposed Resolution No. R03- Re: Approval of contract between Stormet C. Norem and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 205 NW 8th Street for the purpose of Fire Rescue training 2 Agenda Regular City Commission Meeting Boynton Beach, Florida November 5, 2003 Proposed Resolution No. R03- Re: Agreement for Water Service Outside the City Limits with Barbara T. Clough for the property at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge Grove) Proposed Resolution No. RO3- Central Regional Wastewater Treatment October 16, 2003: Re: Ratification of South _t Disposal Board action of :h al Authorization ~ Regional Wastewater Treatmentre IAcl~~~s~ ~rd Board assets on financial n ~:~.~. ~ .3. Sullivan contract for 2 mg reclaimed )rde,r, #1 in the amount of $42,600, for ~ne ~top in 36 out-fall line, for a revised contract ~:a~n~u~t ~77,610; and change order #2 for additional fittings ~'~,,for~r"revised contract amount of $900,000 (no additional money needs to be appropriated) Ratification of Planning lA Development Board Action: L.A. Fitness (MSPM 03-O07), 2290 and 2298 N. Congress Avenue - Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district Buyer's Tnvestment Group (ZNCV O3-O18), SW 4th Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-i-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a 12 foot variance, resulting in a 48 foot frontage for a proposed single-family residence within the R-i-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a 5 foot side yard setback for a proposed single-family residence within the R-i-A single family zoning district Agenda Regular City Commission Meeting Boynton Beach, Florida November 5~ 2003 3. Monahan & Monahan (ZNCV 03-020)~ 703 W. Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5 Environmental Regulations Article I~T, Landscape Code, Section 5.D., requiring a 7 foot wide landscape buffer adjacent to a public right-of-way, to allow a 2 foot 10 inch-wide landscape buffer, and a variance of 4 foc~ inches for a commercial office building in a C-2 zoning district / 4. Monahan & Monaha~S~(~0~)~ Boynton Beach BoulevardS. NW 7th Court - Reque~i::fol~ a ~n .~/~r si~! }lan time extension to August 6, 2004 fo~st~ )uilding totaling 1,838 square f~ '~'~~"~~-2 zoni~ 'district Ratifica~ None ~ Approv elease of surety covering the water and sewer systems for the project known as Lester PUD Plat 1 and returning the letter of credit to the developer Release of a cash bond of $2,750 to LC:[ Construction of South Florida, :[nc. for the project known as Lighthouse Academy Release of a cash bond of $2,200 to Bliss Construction for the project known as Hunter's Run Country Club (Guardhouse) Accept the award of the block grant for $89,467 from the U.S. Department of Justice Office Authorization to re-direct a portion of Community Tnvestment Funds to the R. M. Lee Community Development Center, :[nc. CODE COMPLIANCE & LEGAL SETTLEMENTS: Approve/ratify settlement in the amount of $80,000 in the matter of Coral Tech vs. City of Boynton Beach VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTFS A. Project: L.A. Fitness (ABAN 03-OZO) Agent: Derek Vander Ploeg, Vander Ploeg S. Associates, :[nc. 4 Agenda Regular City Commission Meeting Boynton Beach~ Florida November 5, 2003 IX, XM XI, Owner: Location: Description: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement CTrY MANAGER'S REPORT: A. Discussion of Marina Development AgreemeQtrtr'/ ~ on 5/20/03) A. Motion to accept t~'l~ia.r.m~es r services, and authorize b,,y,~ soll,~ e~e~L~it~ ~_f~. cont. ral ~vith each of the final, accep~ ~,~ ~ t~;c~e~qqde~l to the Request for Qualifications (RFQ) #065-2~-~I~ i' _y a~: :~:!~;i~ct'for General Consulting and Engineering Serviceqf ich." (November 18, 2003) I_ B. Propose~ ~ regarding granting to Florida Power & Light Company an electric~ ~se agreement for the period of thirty years from the date of acceptance Proposed modification to the Land Development Regulations regarding rear yard setbacks D. Follow-up Meeting with CRA on Development Issues (November 2003) Workshop regarding City Hall/Public Safety Space Needs Report (November 18 or December 2, 2003) F. High School Task Force Report (December 2, 2003) Continued discussion of possible legal challenge to County mandated fire/rescue level of service (recommended if Palm Beach County Commission authorizes Fire- Rescue Level of Service Referendum Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) I. Proposed Lease Agreement with Boynton Woman's Club (TBA) Il, Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 NEW BUS]'NESS: None Agenda Regular City Commission Meeting Boynton Beach, Florida November 5, 2003 XII. LEGAL: XIII. XIV. A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-057 Motor Vehicles and Traffic, Sec. 14-5 to ~ subsections (4) and (5), and storage of vehicles in the pu '~..gJ~>~-~ray 2. Propo Resoluti~ Re: Amending Chapter 14 le "Storage," creating new prohibition of parking or or within five feet of the Establishing a limited None D. Other: None UNFINISHED BUSINESS: None AD]OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CI-I'Y COMMISSION wI-rH RESPECT TO ANY HA'ri'ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDt FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S, 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLOt (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL DRAFT AGENDA 10/30/2003 10:37 AM S:\CC\WF~CCAGENDA%,~GENDAS\YEAR 2003\110503.DOC 6 October 21, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENZNGS: Call to Order - Mayor GeraldBroening2 ~'r'"~ In~~ a~i Invocation - Dr. Solomon Rothstein, Pledge of Allegiance to the Fla~;.~il ig · GIVE 1'1' TO THEI C~[1~ ~:~L'(~O~ ~ BEFORE THE 'OPENTNGS" /~/~ IND~IDUALS ~~EAK FOR THREE UNINTERRU~ED ~INUTES, 1. 2. OTHER: II, III. Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTrY & SPECI'AL EVENTS, & PRESENTA'r~ONS: A. Announcements: 1. General Election- Tuesday, November 4, 2003 1. First Regular City Commission Meeting in November - Wednesday, November 5, 2003 B. Community and Special Events: Presentations: 1. Proclamations: None Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 Presentation by Mayor and Golf Director of plaque to George Barrett, celebrating his 24 years of service on the City's Golf Course Advisory Committee ZV. ADMZN]:STRATZVE: A. Accept resignation of Patti Hammer,~ Board ~ ~ B. Appointments to b~'~ I' / I I ~n ~ Appo'tment ~1 ~/ !~l ] To Be Made ~ [-~ ) d;, ;~; ~ III Ferguson d~ C~n & Youth Alt IV McKoy d~ Children & Youth Stu/NonVoting I Bd of Adj & Appeals Weiland ~g, Alt r of the Code Compliance Length of Term Expiration Date i yr term to 4/04 1 yr term to 4/04 1 yr term to 4/04 Tabled (2) II McCray Cemetery Board Reg 3 yr term to 4/04 Tabled (2) III Ferguson Code Compliance Board Reg 3 yr term to 4/05 I Weiland Community Relations Board Reg 3 yr term to 4/05 III Ferguson Education Advisory Board Stu 1 yr term to 4/04 II McCray Library Board Alt 1 yr term to 4/04 Tabled (3) Mayor Broening Nuisance Abatement Board Reg I Weiland Nuisance Abatement Board Reg II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 I Weiland Recreation & Parks Board Alt 1 yr term to 4/04 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of October 2, 2003 2. Regular City Commission Meeting of October 7, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "ANNUAL SUPPLY OF POLYPHOSPAHTE TYPE CORROSION INHIBI-rORS," Bid #072-2821-03/.]A, to Sweetwater Technologies of Columbia, T~nnessee, for an estimate_ .~:~ xpendit~re of $37,000 Award the ANNUAL BID FO~;~I~U~ PAIRS, Bid #088-2510- 03/3A, to Lamons Wel~an~ ~.l::~_gn or E~oynton Beach, Florida, for an est'mated annual expire 0001 '1 "Pig~cy~a in~ l_~lo%er~rllental /~,j~t~ty contracts with Minolta for three-year digital copier leases  7,414.44 ~i. , ~"~ x DocuPrint 92C Laser Printer from ~n, ut'~zing the Putnam County Contract 97-02, at a ~y rate of $5,428.57 (printer is primarily used for printing utility bills and a variety of documents for other City departments) Award Bid #055-2824-03/C, JD, 'I'VVENTY OUTFALL STRUCTURES STORMWATER IMPORVEMENTS, to Marine Engineering Contractors, Inc. and execute a contract in the amount of $574,040 and approve an owner's contingency of 10% in the amount of $57,404, for a total project budget appropriation of $631,444 (Proposed Resolution No. R03- ) Award the "RE-KEYING VARIOUS ClTY FACILI-I/ES," Bid #078-2511- 03/C3D to CK's LOCKSHOP AND SECURITY of Boynton Beach, Florida, in the amount of $44,724 C. Resolutions: Proposed Resolution No. R03- Re: Agreement between the City of Boynton Beach and the Florida Department of Transportation to fund all costs of hiring one new DUI Enforcement Specialist and one new Police Vehicle and related costs Proposed Resolution No. R03- Re: Agreement between the City of Boynton Beach and the Florida Department of Transportation to fund the purchase of a police vehicle to assist the State's Aggressive Driver Program Proposed Resolution No. R03- Re: Agreement for Water Service Outside the City Limits with Akram Basta as owner of a 0.79-acre parcel of land located at the intersection of .]avert Road and Old Boynton Road 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 Eo Proposed Resolution No. R03- Re: Agreements between the City of Boynton Beach and the Area Agency on Aging Palm Beach Treasure Coast, Thc. and the State of Florida Department of Health, which will allow our Fire Rescue Department to become participants in a Palm Beach County health initiative titled "Senior Immunization Project 2003" Proposed Resolution No, R03- ~ ~: Agreement between the City of Boynton Beach and ~ )unty for the Good Shepherd Summer Camp Program~el ~ Elementary School (County will expend $1,200 in/sul~o held during the summer of L: :~~:~:i Re: Agreement for Water "~"' '~ith _Maria E. Barrera for the property at .~ant~na, Florida (Lot 212, Ridge Grove Addition No. Resolution No. R03- Re: Accepting the Department of Community Affairs Local Mitigation Grant award for the installation of permanent hurricane window screens over selected second story windows at City Hall Proposed Resolution No. R03- Re: Approving a revised Recreation 8, Parks Department Revenue Policy Manual and Fee Schedule Ratification of Planning 8, Development Board Action: None Ratification of CRA Action: Gateway Texaco (ZNCV O3-010 thru 03-O12), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and 4 Agenda Regular City Commission Pleeting Boynton Beach, Florida October 21, 2003 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to I per street frontage to allow 2 driveways along the street frontage for an existing gas station business Gateway Texaco (ZNCV O3-O13~236.0~JNorth Federal Highway - Request for relief from the ~l~n~n Beach Land Development Regulations, Chapter 2~or~i~§,l,-~__ctio~.~:;~l, Supplemental Regulations L.3.e.(3) requiring a ~o'I allow a 10-foot variance, resulting i~s ddition to an existing gas Ip ~ia.~a~fIT~ ~'~14 and O3-O15), 2360 North Federal ief from the City of Boynton Beach Land I R~jCl~ations, Chapter 2, Zoning, Section 11, Supplemental P~e~ ~onb~E.3.e.(a) requiring that no canopy shall be located less than ~ from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business Gateway Texaco (ZNCV 03-016 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include 1 tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business Gateway Texaco (ZNCV O3-O23), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article II:[. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the 5 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business 6. t4arouf's Car Wash (NWSP 03-011), 2360 North Federal Highway - Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre pa rcel in a C-3 zoning district~.../1 7. Sunbelt Hydraulics (SPTE West Tndustrial Avenue - Request for a I year sit...~l~lan r a l-story, 12,480 square foot industrial buildi r r a business that services truck bodiel~, a~the ~ zoning district Authori ~ SU~ tr~t~.eJamount of $10,760 for Boynton Terrace Neighb ~ Releas to DenBesten & Bokhoven, LTD for the project I~r~i~n,~s Ve'fmeer Southeast Sales and Service, :[nc. Accept the written report to Commission of purchases over $10,000 for the months of August and September 2003 for informational purposes Approve amendment to condition #40 of the Development Order for the Arches mixed-use project (NWSP 03-002) approved by the City Commission on June 3, 2003 Authorize the following payments that exceed the $10,000 threshold outlined in the Financial Procedures Manual: Queues Enforth Development, :[nc. in the amount of $39,354 for software maintenance agreement for Police records; and Motorola, :[nc. in the amount of $18,556.44 for Communications Center equipment service contract Approve summary change order for :[ntracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065.53 VT. CODE COMPLZANCE & LEGAL SEI-rLEIqENTS: None PUBLZC AUDIENCE: INDZVZDUAL SPEAKERS WILL BE LIt41'rED TO 3-t4INUTE PRESENTATZONS 6 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 VIII. IX, PUBLZC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: L.A. Fitness (ABAN 03-010) (Applicant requests postponement until 11/$/03) Agent: Derek Vander PIoeg, Vander Ploeg & Associates, Inc. Owner: RM Boynton Shoppes Regal, LLC~and Boynton Shoppes, LLC Location: 2290 and 2298 N. Congress A~v Description: Request for abandonm~ ity easement Ir" B. Project: Gateway Tex Agent: Be ril, J. Ya,~..~..., ~-.'Z~g c~n~lultants Owner: _SUAU~d~o~ ~¥:...~, I I Locatio~ . Descript~oq~ R~ ~l-?e/.major site plan modification approval J JJf~rJ,\68~ square foot addition to an existing gas J J ~ ~a.~'.o~/c~nlence store on a 0.48-acre parcel in a C-3 zoning CI"~ MANAGER'S REPORT-' A. Discussion of Marina Development Agreement (Tabled on 5/20/03) FUTURE AGENDA ZTEMS: Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Issues (November 2003) Workshop regarding City Hall/Public Safety Space Needs Report (November 18, 2003) E. High School Task Force Report (December 2, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 7 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on 8/S/05) XI. NEW BUSINESS: None A. Ordinances- 2nd Reading- PI ~ H~.~ I I 1. ProJ;lt~ : Authorizing the way N.W. Court ~ ~ '~fl~U~ie road right of for 3~d 2. ~'r~p~Isljtd~,~. No. 03-056 Re: Authorizing the of a 15-foot wide utility easement (The Harbors) B. Ordinances - Ist Reading Proposed Ordinance No. 03- Re: Amending Chapter 14 Motor Vehicles and Traffic, Sec. 14-5 to include "Storage," creating new subsections (4) and (5), and providing for the prohibition of parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way Proposed Ordinance No. 03- Retirement Program Re: Early Incentive C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None 8 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 XIV. AD3OURNMENT: IF A PERSON DECIDES TO APPEAL HEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDING IS (F.S. 286.0105) THE CITY SHALL FURNISH APPROI EQUAL OPPORTUNITY TO PART[CI[ CONTACT .1OYCE COSTELLO, (56: CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL DRAFT AGENDA 10/15/2003 2:36 PM S:\CC\WP\CCAGENDA~AGENDAS\YEAR 2003\102103.DOC 9 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA OCTOBER 7, 2003 Gerald Broening MayOr At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager [ I www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PAR'r~CIPATZON AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEEll:NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMTSSTON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). October 7, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner McKoy D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. II. III. Agenda Approval: 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMMUNTrY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: 1. First Regular City Commission Meeting in November - Wednesday, November 5, 2003 B. Community and Special Events: Presentations: 1. Proclamations: a. City of Boynton Beach General Election - November 4, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 Presentation of $200,000 grant award for the development of Phase ! of the Southeast Neighborhood Park by State Representative Adam Hasner and State Senator M. Mandy Dawson I'V. ADt4][NZSTRAI'ZVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date IV McKoy Advisory Bd on Children & Youth Alt I yr term to 4/04 Tabled (3) Mayor Broening Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/04 Tabled (3) II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 II McCray Cemetery Board Reg 3 yr term to 4/04 II McCray Education Advisory Board Stu 1 yr term to 4/04 Tabled (3) II McCray Library Board Alt I yr term to 4/04 Tabled (2) :[I McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) I Weiland Recreation & Parks Board Alt ! yr term to 4/04 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. Special City Commission Minutes of September 11, 2003 Agenda Preview Conference of September 15, 2003 Special City Commission Meeting of September 16, 2003 Regular City Commission Meeting of September 16, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 2 Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 Award the "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION," Bid #079-2510-03/JA, to Schaefer Systems Internationals, Inc. of Charlotte, NC for an annual expenditure of $30,000 C. Resolutions: Proposed Resolution No. R03-165 Re: Declaring the public necessity of acquiring eight parcels of property in the Railroad Avenue Stormwater project area for the purpose of constructing a drainage/retention pond Proposed Resolution No. R03-166 Re: Agreement for Water Service Outside the City Limits with Alvin E. Brooks as owner of a 2.02 acre parcel of land located on the south side of Hypoluxo Road, west of Military Trail Proposed Resolution No. R03-167 Re: Eighth Amendment to the Tower Site Lease and 3oint Use Agreement between the City of Boynton Beach, AT&T Wireless Services, Thc. and Palm Beach County Proposed Resolution No. R03-168 Re Naming of press box and playing fields at Hester Center after Thomas Williams (recommendation from Recreation & Parks Advisory Board) D. Ratification of Planning & Development Board Action: Griffith Variance (ZNCV 03-009), 1301 N.W. 8th Court - Request relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet Bethesda Memorial Hospital (MSPM 03-008), 2815 S. Seacrest Boulevard - Request for major site plan modification to an existing site plan to add 56,277 square feet in two additional floors to accommodate a comprehensive in-patient rehabilitation center within the existing building foot print of the hospital Bethesda Memorial Hospital (HTEX 03-006), 2815 S. Seacrest Boulevard - Request for a height exception of 10 feet-5 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevators and stair tower to be 55'-5" in height, a distance of 10'-5" above the maximum 45ofoot height allowed in the Public Usage (PU) zoning district Safe & Secure (NWSP O3-OO:L), Northwest corner of SW 30th Avenue & Congress Avenue - Request for new site plan approval for the Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 construction of a 3-story, 95,588 square foot self-storage facility on 3.39 acres in the M-1 zoning district. Interstate Sign Crafters (NWSP 03-014), Lots 13 & 14, High Ridge Commerce Park (130 Commerce Road) - Request for new site plan approval for a 17,384 square foot warehouse building on a 2.53-acre parcel in a Planned Industrial Development (PID) E. Ratification of CRA Action: None Reduce the Letter of Credit for Melear Subdivision (Building Permit No. 00-4237) from $100,000 to $5,000 Approve the plat of Canterbury at Quantum Village, subject to the approval of the City Engineer Reduction of surety covering the water and sewer systems for the project known as Melear P.U.D. (aka Borgata & San Savino), reducing the existing surety requirement of $661,113.20 downward to the new value of $33,056 Authorize the City Manager, City Attorney and Finance Director to take the necessary steps to have an Actuarial Impact Study performed on the cost of offering an Early Retirement Program to eligible City employees VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VII, PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. IX, PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: L.A. Fitness (ABAN 03-010) (Ap/~licant requests I~OStponement unti/ Derek Vander Ploeg, Vander Ploeg & Associates, Inc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for abandonment of a public utility easement CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (7'abledon $/20/03,) Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 XI. XII. FUTURE AGENDA TI'EMS: Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (October 21, 2003) Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Issues (November 2003) Workshop regarding City Hall/Public Safety Space Needs Report (November 18, 2003) E. High School Task Force Report (December 2, 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on $/S/05) NEW BUSINESS: A. City Commission review of rotation of CRA Chair to another member of the CRA LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03 -O48 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4.] limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies Proposed Ordinance No. 03-052 Re: Abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID Agenda Regular City Commission Meeting Boynton Beach, Florida October 7, 2003 Proposed Ordinance No. 03-053 Re: Enhanced background screening for City employees, private contractors, vendors and repair and delivery persons consistent with 2002 Florida State legislation (:L66.442 [SB 954]) B. Ordinances- 1~t Reading Proposed Ordinance No. 03-055 Re: Authorizing the Abandonment of a portion of the road right of way for N.W. 3rd Court (First Baptist Church) Proposed Ordinance No. 03-056 Re: Authorizing abandonment of a 15-foot wide utility easement (The Harbors) the C. Resolutions: None D. Other: XI[I. UNF/NTSHED BUSTNESS: None XTV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I-rER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN1OY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 10/3/2003 8:37 AM S:\CC\WP\CCAGENDA~S, GENDAS\Year 2003\100703 final agenda.doc