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Minutes 12-07-04 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 7, 2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Kurt Bressner, City Manager Mack McCray, Vice Mayor Jim Cherof, City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mike Ferguson, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Vice Mayor Mack McCray C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor McCray offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Ensler. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that Item VI.D.1., St. Gregory Armenian Church, be tabled until the next meeting. Motion Vice Mayor McCray moved to table. Motion seconded by Commissioner McKoy and unanimously carried. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7,2004 Vice Mayor McCray thanked everyone that contributed in making the Holiday Parade a great success. He was disappointed in the minimal representation of senior staff and requested that next year staff members put the date on their calendars to ensure attendance. Commissioner Ensler noted that today was December ih, which is the anniversary of Pearl Harbor, and a day that should never be forgotten. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: Mayor Taylor made the following announcements: 1. The Regular City Commission Meeting of December 21, 2004 has been cancelled 2. Appreciation Evening sponsored by Friends of the Library - Friday, December 10, 2004 from 6 to B pm. The theme is "Good Books, Good Food & Wine, Good Friends" - Admission is $5.00 B. Community and Special Events: None C. Presentations: 1. Proclamations: None 2. Presentation by Commissioner Mary McCarty of a $1 million check toward the purchase of Jaycee Park Mayor Taylor introduced County Commissioner Mary McCarty. Commissioner McCarty presented the City with a check for $1 million towards the purchase of Jaycee Park. Commissioner McCarty explained that the voters of Palm Beach County approved a bond issue for recreational and cultural amenities in the County and each County Commissioner was given a certain amount of money to be used for those purposes. Commissioner McCarty noted that Jaycee Park was very important in maintaining access by land and sea to the Intracoastal for the citizens of Boynton Beach and the County. She also commended City Manager Bressner and his staff for the important role they played in acquiring the property from FIND. 2 Meeting Minutes Regular City Commission Meeting December 7,2004 Boynton Beach, Florida Mayor Taylor acknowledged the generosity of Commìssioner McCarty to the City of Boynton Beach over the past years in providing $3.1 million towards the expansion of Mangrove Park, Boat Club Park and the new Intracoastal Park. Mayor Taylor thanked Commissioner McCarty for her generosity to the City over all the years. Commissioner Ensler added that he was proud to have Commissioner McCarty as his County Commissioner. 3. Presentation of an Obie Community Spirit Award in recognition of the City's PAL football team, "The Bulldogs" - Presentation by The Orange Bowl Committee's Youth Football League No one was present from the Orange Bowl Committee's Youth Football League for this presentation. 4. Presentation of Florida League of Cities Position on Annexation Jamie Titcomb, Executive Director of the Palm Beach County League of Cities, explained that the League of Cities represented the municipal interests of 37 municipalities in Palm Beach County. He was present to address the annexation issue initiated by Palm Beach County. Mr. Titcomb expressed the League's appreciation for the work done on behalf of the League of Cities by Commissioner Carl McKoy and City Manager Kurt Bressner. Mr. Titcomb explained that the League of Cities has been working with municipalities regarding cities' rights and home rule issues such as boundaries and who should provide essential urban services to municipalities. The League was successful in eliminating the level of service issue from the referendum in November and agreed to get a three-year voluntary program with fire rescue minimum level of service standards. The League also has other issues related to the fire rescue issue, which is the annexation issue, which the League opposes. The League feels that annexation should be voluntary. Mr. Titcomb pointed out that the County Commission voted to place the annexation issue on the November ballot for voters to decide who would have control over future voluntary annexation in the County. The League vigorously opposed this initiative, but was unsuccessful. The issue has now become a legal action, to which several cities are a party. Mr. Titcomb introduced Attorney Trela White, who gave a history of the current status of the annexation referendum. Prior to the referendum being placed on the ballot, the League of Cities applied for an injunction, but because over 75,000 absentee ballots had already been sent out, it would have been impossible to grant the injunction. Attorney White noted that the voters passed the referendum favoring the County's position on annexation in December. County Commissioners McCarty and Warren Newell voted in favor of the cities and were against the referendum appearing on the ballot. It is a person's right to decide if they want to annex their property. 3 Meeting Minutes Regular City Commission Meeting December 7, 2004 Boynton Beach, Florida The referendum provided that if the City wanted to have a certain piece of property annexed into it, the City would have to go to the County for approval. Currently if a person wanted to be annexed into Boynton Beach, they only had to apply to the City for approval, which is State law. This new referendum provides that if a person lives in an unincorporated protection area or a rural neighborhood (which has yet to be determined) in order to be annexed, they would have to obtain approval of 51% of the voters in the area, plus five of the seven County Commissioners. A lawsuit was instituted immediately by Wellington and they have been joined by West Palm Beach, Delray Beach and Gulfstream. They would like other large cities to join in lawsuit. Attorney White pointed out that State Statute Chapter 171.044 states that if a County charter wanted to have an exclusive method for voluntary annexation, it must be in the charter, which in this instance, is not the case. The County charter only provides for authorization for adoption of an ordinance at a future date. The ordinance has yet to be adopted and the County anticipates having a draft ordinance sometime in January or February. When the ordinance is drafted, it would then be presented to the League of Cities. Attorney White anticipated that a motion for summary judgment would be filed within two weeks and a hearing should be scheduled within three months. There will be no jury involved in the case and a decision should be rendered within a short time. Attorney White requested that the City support the lawsuit by becoming an intervener. The motion to intervene could be E-mailed to the City's Attorney for review. Attorney White explained that it was not a matter of money, but really a matter of support. Vice Mayor McCray asked if there was a deadline for becoming an intervener. Attorney White stated that there was none, but anticipated the motion for summary judgment would be filed within two weeks. Since this Commission would not be having any more meetings in December, the Commission would have to make this decision as soon as possible. The League would like to have as many cities as named plaintiffs as possible. Mayor Taylor inquired who was paying for the lawsuit and Attorney White responded that Wellington is the primary payer, but Delray Beach and West Palm Beach have agreed to pay a portion of the costs. Attorney White noted that she was not asking for any money, but merely for the Commission's support by becoming an intervener in the lawsuit. Mayor Taylor noted that the Commission previously adopted a Resolution supporting the League of Cities in this matter. Mr. Bressner pointed out that Attorney Cherof has not seen the complaint and he would like the City Attorney to have an opportunity to review it. He recommended that staff review the complaint and bring a recommendation back to the Commission in January. Mayor Taylor inquired if it would be acceptable for the Commission to make a motion with a caveat that it would be subject to the City Attorney's concurrence. Attorney Cherof stated that the Commission could do this, but it would still require formal Commission action to intervene in the lawsuit that could not be done until the next meeting. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7,2004 Attorney Cherof also stated that the City should look at other alternatives to exert its influence in the litigation, either by going with the League or selecting another means. Commissioner Ensler was not certain whether the Commission should intervene in the lawsuit until Attorney Cherof had an opportunity to review the documents. Attorney Cherof explained that if the City did intervene, it would make them a party to the lawsuit that would align the City against the County's position. Mr. Titcomb will forward the documents to Attorney Cherof immediately for his review. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (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) Herb Suss, 1711 Wood Fern Drive, thought that the City should support the League's position on annexation. He was opposed to the County making any decisions regarding home rule. Mr. Suss was pleased that Vice Mayor McCray and Commissioner Ensler acknowledged that today was Pearl Harbor Day and noted that it is a very important day in the history of this Country. Mr. Suss offered prayers for all the troops and wished everyone Happy Hanukkah and Season's Greetings for a healthy and Happy New Year. Mr. Suss distributed Hanukkah dradles to the Commissioners Brian Edwards, 629 NE 9th Avenue, read a prepared speech regarding his support for preserving the 1927 High School. A copy of Mr. Edward's speech is on file in the City Clerk's Office. Mr. Edwards stated that he was addressing the Commission as an individual and is not representing any organization. He was opposed to the building be demolished for the purpose of providing a parking lot. He did not believe comments made that the City had enough historical buildings or that the High School was a "white" high school had any relevance to tearing it down. He was proud to live in a country where he is allowed to voice his opinion, even if he offended some or raised controversial issues. He urged the Commission to preserve the Old High School and by doing so, it would become an asset to the City. He would be proud if his grandchildren could see the school that their grandfather and great-grandfather attended 50 years ago. Commissioner Ensler requested that he be furnished with a copy of the text. V. ADMINISTRATIVE: A. Appointments to be made: IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07Tabled (2) 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7,2004 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07Tabled (2) I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05Tabled (2) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05Tabled (2) II McCray Cemetery Board Alt 1 yr term to 4/05 I Ensler Code Compliance Board Alt 1 yr term to 4/05 Tabled (2) II McCray Code Compliance Board Alt 1 yr term to 4/05 I Ensler Community Relations Board Alt 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 (Tabled 3) Due to the lack of candidates, all appointments were tabled. 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: 1. Agenda Preview Conference - November 12, 2004 2. Regular City Commission Meeting - November 16, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004 Adopted Budget None C. Resolutions: 1. Proposed Resolution No. R04-202 Re: Authorizing the execution of an agreement with the CRA for the water main improvements for the purposes of extending a new water main from the Boynton Beach Boulevard Extension Promenade project across Federal Highway to SE 3rd Street including reimbursement by the City of Boynton Beach for an amount not to exceed $357,427.20 2. Proposed Resolution No. R04-203 Re: Authorizing the amendment to Task Order for Brown and Caldwell to continue Interim Utility Administration Services until February 15, 2005 to allow orientation and assistance to new Utility Director 3. Proposed Resolution No. R04-204 Re: Authorizing the execution of seven (7) contracts for services for Community Development Block 6 Meeting Minutes Regular City Commission Meeting December 7, 2004 Boynton Beach, Florida Grant (CDBG) sub-recipients previously approved for funding on August 3,2004 Commissioner McKoy removed item C.3 from the Consent Agenda for discussion 4. Intentionally Left Blank 5. Proposed Resolution No. R04-205 Re: Amending the Lake Diving Contract (R03-019) to permit a one-time allowance of a $250 credit in consideration for the time the course was closed due to Hurricanes Frances and Jeanne 6. Proposed Resolution No. R04-206 Re: Appointing a representative to the Palm Beach County League of Cities 7. Proposed Resolution No. R04-207 Re: Appointing a representative to the Metropolitan Planning Organization B. Proposed Resolution No. R04-208 Re: Appointing a representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) 9. Proposed Resolution No. R04-209 Re: Appointing a representative and alternate to the Multi-Jurisdictional Issues Coordination Forum Vice Mayor McCray removed items C. 6, C.7, C.B and C.9 from the Consent Agenda for discussion 10. Proposed Resolution No. R04-210 Re: Authorizing the Mayor to execute a quit claim deed on behalf of the City to the Deliverance by Faith Church and to accept a similar quit claim deed from the same church for properties located on NE Martin Luther King Jr. Boulevard (10th Avenue) 11. Proposed Resolution No. R04-211 Re: Land dedication to satisfy the Park Impact Fee requirements for the proposed Boynton Village Development Project on what is commonly known as the "Winchester" property Commissioner Ensler removed Item C.11 from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: 1. St. Gregory Armenian Church (SPTE 04-011) - West of Southwest Bth Street, South of Boynton Beach Boulevard - Request for a one (1) year 7 Meeting Minutes Regular City Commission Meeting December 7,2004 Boynton Beach, Florida time extension of the site plan approval granted on September 2, 2003 from September 2, 2004 to September 2, 2005 E. Ratification of CRA Action: None F. Authorize the use of $2,500 of Community Investment Funds from Vice Mayor Mack McCray for the Black Awareness Program G. Approve expenditure in the amount of $B,291 from State Law Enforcement Trust Funds to purchase a KIDcard ID photo system and related equipment from Symbology Enterprises, Inc., a sole source provider, and MoreDirect, from State contract H. Intentionally Left Blank I. Accept the award of the block grant in the amount of $41,130 between the City of Boynton Beach and the U.S. Department of Justice Office to fund taser equipment and in-car printers Vice Mayor McCray removed Item. VI.I from the Consent Agenda for discussion. Motion Commissioner Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Vice Mayor McCray and unanimously carried. C.3. Proposed Resolution No. R04-204 Re: Authorizing the execution of seven (7) contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 3,2004 Commissioner McKoy had some concerns regarding this item. When he reviewed the budgets for the seven sub-recipients, he felt many of them received a disproportionate amount of funds for staff versus programming. He did not want to hold up the issuance of the contracts, but he stressed that the CDBG funding process needed to be revisited. He also would like the Commission to have more input and involvement in disbursement of the funds. Vice Mayor McCray pointed out that it was the intent of the Commission to revisit this funding. A great many of the sub-recipients service the northeast section of the City. One of the reasons these agencies receive money is to help improve this area of the City. He requested that this be considered when the Commission revisits the item. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7,2004 Motion Vice Mayor McCray moved to approve Item VI.C.3. Motion seconded by Commissioner McCray and unanimously carried. C.6. Proposed Resolution No. R04-206 Re: Appointing a representative to the Palm Beach County League of Cities C.7. Proposed Resolution No. R04-207 Re: Appointing a representative to the Metropolitan Planning Organization C.B. Proposed Resolution No. R04-208 Re: Appointing a representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) C.9. Proposed Resolution No. R04-209 Re: Appointing a representative and alternate to the Multi-Jurisdictional Issues Vice Mayor McCray pulled these items since Commissioner McKoy was not present at the pre-agenda meeting. Vice Mayor McCray wanted Commissioner McKoy to have an opportunity to express whether he wished to remain with the agency that he had been serving on. Commissioner McKoy acknowledged that he wanted to remain with the Palm Beach County League of Cities. Motion Vice Mayor McCray moved to approve Items VI. C.6, C.7, C.B and C.9. Motion seconded by Vice Mayor Ferguson and unanimously carried. C.11. Proposed Resolution No. R04-211 Re: Land dedication to satisfy the Park Impact Fee requirements for the proposed Boynton Village Development Project on what is commonly known as the "Winchester" property Commissioner Ensler requested that the applicant, Mr. Jim Comparato, take the podium. Attorney Cherof administered the oath to all persons who would be testifying. Commissioner Ensler asked Mr. Comparato if he was familiar with the City's Park Impact Fee ordinance that dealt with contributing land in lieu of money. Mr. Comparato stated that he was familiar with the ordinance. Commissioner Ensler inquired how much money the City would receive if it decided to take the money and Mr. Comparato thought that it would be approximately $BOO,OOO. Commissioner Ensler inquired how much land the City could receive in lieu of money. Mr. Comparato responded that it would be between one to and one and one-quarter acres. 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 Commissioner Ensler asked if this was the amount of land that the applicant intended to donate. Mr. Comparato stated that their plan included a little more than five (5) acres. Commissioner Ensler also asked Mr. Comparato if he was familiar with the ordinance that dealt with the amount of open space that must be provided in accordance with their site plan application, and Mr. Comparato again stated that he was familiar with this. Commissioner Ensler inquired if the applicant would need any kind of variances since they would be contributing extra land. Mr. Comparato thought that this would depend upon the interpretation of the ordinance and he was not sure if the donated property would count towards the open space that they must provide. In this instance, Commissioner Ensler asked if the applicant intended to give this land in lieu of having to meet the open space land requirements. Mr. Comparato stated that it was his intent to give all or a portion of the property in lieu of the money. They were agreeable to donating the entire five acres or the one (1) acre and the four (4) additional acres as the open recreation area in order to satisfy the City requirements. Commissioner Ensler inquired what the Commission would be asked to vote upon. Attorney Cherof pointed out that the only issue for consideration is the Commission's election to require a donation of land in lieu of the fee, as set forth in the Resolution. Mayor Taylor opened the public audience. Mike Fitzpatrick, 175 SW 2nd Street, felt that this action was a farce and the City should have received land prior to the adoption of the zoning changes that amounted to $800,000. If it had been done this way, the City could have received close to 20 acres; now it is ending up with one and one-half acres. Mr. Fitzpatrick alluded that the citizens of Boynton Beach were being cheated. Gerald Broening, 820 North Road, Boynton Beach, thought that the ordinance was written to state fee in lieu of dedication of land. Attorney Cherof responded that the ordinance established a formula for calculating the fee. The Commission has the option to require a donation of land in lieu of payment of the fee. If the Commission adopted the Resolution, the developer would have to donate land that was equal in value to what the fee would be. Mr. Broening was in favor of the City accepting the five acres and felt it was a great opportunity for the City. He urged that the Commission vote favorably on the item. Since no one else wished to speak, the public audience was closed. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R04-211. Motion seconded by Vice Mayor McCray and unanimously carried. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7,2004 Attorney Cherof stated that the fee would have to be calculated, based upon the formula in the Code, and then included in the Resolution. VII.I. Accept the award of the block grant in the amount of $41,130 between the City of Boynton Beach and the U.S. Department of Justice Office to fund taser equipment and in-car printers For the benefit of the residents, Vice Mayor McCray explained that the in-car printers would be used to print speeding tickets. Motion Vice Mayor McCray moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A Project: Barr Property (LUAR 04-009) Agent: John Barr, Cornerstone Premier Communities Owner: BMVFL-1, Inc. Location: 1B01 NE 4th Street 1. Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential (1 ST READING OF PROPOSED ORDINANCE NO. 04-090) - TABLED ON 11/16/04 2. Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 04-091) TABLED ON 11/16/04 Proposed use: Townhouse community of 1BO units B. Barr Property (NWSP 04-013) - 1B01 NE 4th Street -Request new site plan approval for a 180-unit townhome development on a 9.B8 acre parcel in a proposed PUD zoning district - TABLED ON 11/16/04 Attorney Cherof noted that Items A. and B. would remain on the table until the second meeting in January 2005. Mr. Rumpf, Planning and Zoning Director, confirmed that the item would be heard by the Community Redevelopment Agency at their first meeting in January and then come to the Commission at the second meeting in January. 11 Meeting Minutes Regular City Commission Meeting December 7, 2004 Boynton Beach, Florida Motion Vice Mayor McCray moved to remove the items from the table. Motion seconded by Commissioner Ferguson and unanimously carried. Motion Vice Mayor McCray moved to table Items VIII. A. and B. until the January 1B, 2005 meeting. Motion seconded by Commissioner McKoy and unanimously carried. C. Project: Renaissance Commons Phase VI (COUS 04-008) Agent: James Comparato and Carl Klepper for Compson Associates of Boynton II, LLC Owner: Compson Associates of Boynton II, LLC Location: Southeast corner of Congress Avenue and Gateway Boulevard Description: Request for Conditional Use/New Site Plan approval of a Mixed Use project, including 34B multi-family dwelling units, 105,510 square feet of commercial and 176,097 square feet of office/storage space on an 18.126-acre parcel in an SMU zoning district Attorney Cherof administered the oath to all persons that would be testifying. Jim Comparato, Compson Associates, 980 North Federal Highway, Boca Raton, Florida, was present for approval of Renaissance Commons Phase VI. The project included 34B multi-family dwelling units, approximately 105,000 square feet of commercial space and approximately 176,000 square feet of office space and storage. The project is located on ±1B acre parcel in the SMU District and is centered around a courtyard. Artists' renderings of the project were presented. A clock tower is located in the center and is surrounded by four buildings. The two rear buildings consist of residential on the top and commercial on the street level. The two front buildings that face Gateway Boulevard have retail on the first floor with office condominiums and storage on the second floor. The project incorporates the renaissance style that they tried to achieve and should be of great benefit to the City. Attorney Cherof asked the applicant if he reviewed the conditions of approval and were there any conditions that they disagreed with or needed modification on. Mr. Comparato stated that they agreed with all staff conditions. Mike Rumpf, Planning and Zoning Director, explained that the SMU Ordinance allowed a maximum height of 55', but would allow up to 75' if approved as a conditional use. Therefore, the item is before the Commission for a public hearing for this approval. Mr. Rumpf noted that there were some architectural features that attained the maximum 75' and staff was in favor of the request, subject to the conditions of approval. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7,2004 Mayor Taylor opened the public hearing. Herb Suss, a resident of Boynton Beach, favored the project. He did, however, have concerns regarding the traffic and parking. Mr. Suss inquired if the State was now going to intercede in the project. Mr. Bressner responded that the property Mr. Suss referred was the property at the intersection of Old Boynton Beach Boulevard and Congress Avenue; not the subject property. The traffic plans for this property have been approved. The projected traffic for Renaissance Commons is less than what was projected for Motorola and the State has no issue with this project. Vice Mayor McCray asked the applicant if he agreed with staff's comments. Mr. Comparato stated that they agreed with all staff comments. Vice Mayor McCray felt that this project was going to be a great asset to the City. Motion Vice Mayor McCray moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. IX. CITY MANAGER'S REPORT: A. Annual Review of City Manager's Performance Mr. Bressner noted that this has been a very busy year. He thanked the Commissioners for the help and assistance they provided to staff, along with their leadership. He pointed out that next year the City would be dealing with a great many changes and activities that would be addressed by the Commission. He hoped that the information he would be providing would assist the Commission in making informed decisions. Mr. Bressner pointed out that his heart is in the job and he has enjoyed being City Manager for the five past years. Mr. Bressner noted that he always tried to provide information in a timely manner to assist the Commission in doing its job. Vice Mayor McCray thanked Mr. Bressner for his hard work on behalf of the citizens of Boynton Beach. Vice Mayor McCray asked Mr. Bressner if he could name three issues that he needed to address in order to become a better City Manager. Mr. Bressner noted that he needed to continue with his education. His education endeavors have been put aside this year due to the great volume of activity going on in the City this past year. Secondly, he felt that he needed to acquire more patience in dealing with the expectations of staff. However, in other areas he felt that he was too lenient. Areas that need to be addressed include ordinances and procedures that need to be changed, and he hoped that he could accomplish these changes next year. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 Commissioner Ferguson felt that Mr. Bressner has been doing a good job, but he felt that Mr. Bressner should come under the same strictures that applied to staff. Commissioner Ferguson was in favor of a 2% to 3% raise that other employees receive. If this were applied, Mr. Bressner's salary would be increased to $133,000. The salary increase should be retroactive to October 2004 and he was in favor of the $3,000 contribution to his pension plan, as well as a car allowance. Commissioner McKoy felt that Mr. Bressner was dedicated to his job. However, he was in favor of having a higher accountability for staff. Commissioner Ensler was pleased that Kurt Bressner was Boynton Beach's City Manager. He pointed out how Mr. Bressner has tackled very difficult jobs and has approached these tasks by getting cooperation from all parties involved. Commissioner Ensler exemplified Mr. Bressner's accomplishments and he felt that he belonged in the top echelon of executives. Commissioner Ensler was in favor of the requested 3% salary increase, but thought that he deserved more. Mayor Taylor stated that the Commission should have addressed Mr. Bressner's evaluation after his regular 12-month period was up that would have been in April 2004. Mayor Taylor hoped that this would not occur again, since Mr. Bressner is entitled to an annual evaluation. Mayor Taylor was not in favor of having to do pay increases that included retroactivity. Mayor Taylor was overwhelmed that Mr. Bressner had 50 objectives and goals to accomplish within a 12-monoth period. He felt that the Commission should direct Mr. Bressner with six to ten initiatives that they would like him to work on during the year. He would like this taken into consideration when the Commission sets his goals in January. Mayor Taylor noted that Mr. Bressner is a model City Manager. He commended him (1) for his effectiveness in handling the citizens, (2) his ability to inspire a shared vision with staff, and (3) his courage in challenging the process. Mayor Taylor was proud of Mr. Bressner's actions during the hurricanes and commended his management style. Mr. Bressner allowed the managers and employees to perform as they were trained to do. Mr. Bressner has demonstrated that Boynton Beach is now his home, which is visible in the way he handles himself. Mayor Taylor stated that the City was fortunate to have Kurt Bressner as its City Manager. He noted that his salary was in the lower third of City Managers in this area and he wanted to keep him in Boynton Beach. Mayor Taylor was recommending that Mr. Bressner's salary be increased to $140,000 retroactive to October and that October would become the annual month for his review. He also favored the increase to his ICMA account from $11 ,B1 0 to $14,810 and a car allowance of $450 in lieu of a City vehicle. Vice Mayor McCray was also concerned about the 50 goals and objectives. Vice Mayor McCray noted that Delray Beach's City Manager receives an annual salary of $147,000. He 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 also would like Mr. Bressner to delegate more work to staff and agreed with Mayor Taylor's salary and benefit recommendations to be effective October 2004. Commissioner Ensler also noted the additional responsibilities that Mr. Bressner has. Of the 31 cities looked at, there were only four, including Boynton Beach, that had this great an amount of responsibility. The salary of the City Managers of those four cities averaged $147,000. Commissioner Ensler would like to increase Mr. Bressner's salary to the average of those four cities, i.e. $147,000. Mr. Taylor was agreeable with this. Vice Mayor McCray thought that $140,000 was realistic since they would be addressing this again in October 2005. He felt that they needed to leave room when this was addressed again. Mr. Bressner was grateful to receive Commissioner Ensler's offer, but thought that Mayor Taylor's recommendation was more than generous and he would be pleased to accept it. Motion Commissioner Ensler moved to increase the City Manager's salary to $140,000, plus the other recommendations. Motion seconded by Commissioner McKoy. Commissioner Ferguson felt that Mr. Bressner should be subject to the same wage increase as other City employees. Mayor Taylor disagreed that the City Manager should be held to the same wage standards as other City employees. Vote The vote on the motion carried 4-1 (Commissioner Ferguson dissenting). B. Approve an interim water purchase contract with Palm Beach County Utilities for supplemental water purchase up to 5 million gallons per day for up to five (5) years -(Proposed Resolution No. R04-213) Mr. Bressner explained that approval of the Resolution would provide for the purchase of up to 5 million gallons of additional water per day by the City. With this agreement in place, the City could proceed with the plans for the utility system. The City must decide cost wise whether it wants to expand the current utility system or find other alternatives. The contract provides that the City purchase a minimum of 2 million gallons per day at BO¢ per thousand for the entire five-year period. When the water system analysis is completed, the City will know how much the improvements would cost and where they are needed. When negotiations with the County were being discussed, Mr. Bressner requested that the City be allowed to change the timeline for its decision from June to December 2005. He pointed out that even if the Commission decided to expand the City's utility system, there would still be four years left on this contract. Mr. Bressner felt that this contract would provide the City with enough time to do the necessary planning. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 Vice Mayor McCray asked when the system-wide analysis would be complete. Mr. Bressner anticipated that the report should be ready by May of 2005. Attorney Cherof pointed out that during the initial five years of the contract, the City has the option to terminate the agreement upon six (6) month's notice. Commissioner Ensler pointed out that entering into this contract would save the City approximately $20 million and he thanked Mr. Bressner and Brown and Caldwell for their endeavors in this area. Attorney Cherof read Proposed Resolution No. R04-213 by title only. Motion Commissioner Ferguson moved for approval. Motion seconded by Vice Mayor McCray and unanimously carried. X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Review of 2004 Hurricane Season (January 2005) E. Revamp of CDBG Allocation Process (January 2005) F. City Commission District Boundary Review (January 1B, 2005) G. Annexation of Enclaves (TBA) H. Hurricane Design for Public Buildings I. Town Square II Report (January 31,2005) J. Recreation & Open Space Comprehensive Plan Presentation (January 31, 2005 XI. NEW BUSINESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (TABLED ON NOVEMBER 3, 2004) 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-092 Re: Amending Section 10B of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code providing for public hearings before the Building Board of Adjustment & Appeals regarding complaints against contractors for fraud or willful disregard of the building codes Attorney Cherof read Proposed Ordinance No. 04-092 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-092. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1st Reading None C. Resolutions: 1. Proposed Resolution No. R04-212 Re: Authorizing the CRA to issue tax increment bonds guaranteed by the City in an amount not to exceed $19,575,000 to fund capital and redevelopment projects Attorney Cherof read Proposed Resolution No. 04-212 by title only. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R04-212. Motion seconded by Commissioner Ensler. The motion carried 5-0. D. Other: 1. Approval of proposed settlement for the properties owned by Theodore Ryan and Gerhard Degen Commissioner Ensler asked for clarification on the location of the properties. Attorney Cherof responded that this land represented two of the parcels that are reguired for the drainage retention pond project located east of Federal Highway between NE 10 h and 7th Streets. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 Motion Commissioner Ferguson moved for approval. Motion seconded by Vice Mayor McCray and unanimously carried. XIII. UNFINISHED BUSINESS: None IV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 7:55 p.m. City. of Boynton Beach ATTEST; ~ ~'IYJ. . a~ _ ~f.-,- f'k~ - Recording Secretary (December 13, 2004) 18 Page 1 of 1 Prainito, Janet From: BRINIO@aol.com Sent: Wednesday, December 08, 2004 1 :26 AM To: enslerb@ci.boynton-beach.fl.us; fergusonm@ci.boynton-beach.fl.us; mccraym@ci.boynton-beach.fl.us; mckoyc@ci.boynton-beach.fl.us; taylorj@ci.boynton-beach.fl.us Cc: bressnerk@ci.boynton-beach.fl.us; prain itoj@ci.boynton-beach.fl.us; cherofj@ci.boynton-beach.fl.us; hutchinson D@ci.boynton-beach.fl.us Subject: 1927 High School Gentlemen - I wanted to provide you with a smoothed-out copy of my public audience comments at the Commission meeting about the 1927 High School (attached hereto). I regret that I was so long winded and wasn't able to finish. I had made a few additions to copy I provided the stenographer (Barbara) and I am not sure my rushed notes were legible for her. I incorporated those remarks I had written on that copy to the attached copy. I appreciated the opportunity to simply cover some previous thoughts about my support for doing alii can to save the old High School. I do not know what else I could possibly say to each of you that would reinforce the fact that I see so much value in keeping that building in tact and how it will compliment the Children's Museum and any development in and around it with the appropriate restoration that it needs and deserves. As I mentioned in my comments - I try very hard to ensure that as I voice my opinion it is as a private citizen with no influence from any other source or person. Yeap - just me! I am sure many of my dearest friends would rather I not voice an opinion at all even though they may have similar feelings about that old building that needs a fresh start. Unfortunately, this is one time where the old adage -- saying nothing is really saying more, I believe does not apply. Those of you who know me fairly well, know that I would not try to place myself in a position of being confrontational of any issue and I am not associated with any group that is out to sue the city for some knuclehead reason. I have been asked by a citizen if I was in a group that was suing the city. Heck - I didn't even know who they were talking about other than what I have occasionally heard from the dais. My interest is simply using the privilege of public audience occasionally to remind you that I do support keeping the old high school in tact. I am willing to do my part to help in any way I can to accomplish that in partnership with the city, CRA and/or any other body that needs my help to get the job completed. Anyone of us can't do it alone -- but together, we can do just about any thing. If I am not successful, it will not be because I didn't voice an opinion of optimism about the potential of the 1927 High School for future use. Thank you for all that you are doing and keep up the good work. By the way, my family and I had a wonderful time at the Holiday Parade. In the case you think I have lost my marbles by sending this to you at almost 1 :30 a.m. -- well, the answer is not yet. I am anxiously awaiting the arrival of my fourth grandson and needed something to do while I await the call. God bless! Brian Edwards 629 NE 9th Ave., Boynton Beach, FL 33435 (561) 373-8149 12/8/2004 1927 HIGH SCHOOL December 7,2004 Good evening Mayor, Vice Mayor, Commissioners, City staff members and citizens. Every now and again, most of us say something or have an opinion about an issue that may not be popular for all. You - of all people, I'm sure, can appreciate this especially after occasionally experiencing some disagreement with various issues. My brief comments about the 1927 School House will certainly fit into the category of pleasing some and once again irritating the heck out of others. Please realize I'm speaking based on personal opinion and not as a representative or petitioner of any organization I might belong to or any individual that might share my opinion. Based on what I've heard over the last few years about this building and especially the last year, months and weeks; based on tug-of-rope discussions and arguments about: · historical preservation versus fiduciary responsibilities · economical climate versus property value · and somewhere in the mix are the emotional issues of more green space possibilities versus the possibility of this becoming a 9reat big parking lot. I have even read opinions expressed by some that, "we have enough historical stuff with the museum" and comments about why save a structure which comprised an all-white high school. Hopefully most of us have moved away from this attitude and are more color blind than to think like this about historical preservation. We have many successful stories of historical preservation and restoration throughout the country that would not be in existence today if those with an eye for history, heritage and culture had felt like these opinions suggest. If in fact we all looked at historical preservation and restoration with this view hardly any city would have ever considered historical preservation and restoration. Think about it! I love this country and I thank God for living in a country that provides us with the freedoms to have a different opinions and being able to voice them. Even if they sometimes hurt others or raise issues that should be non-issues. I would love to see that old building be restored and preserved because of its beauty and value to the community: · no I can't put up the money to do it as I have stated before · I would love to see that old building become an attribute to our City's economic stimulus and no - I don't have all the answers as to how it could become that. · I would love to have my grand children see that old building 50 years from now - when maybe I won't be able to do so. I . I will be saddened to see that old building torn down - where their Great Grandfather and their Grandmother attended school. Certainly, I know that all of us do not have those same ties. . I can't do all of these things alone, but I can help to do them all. I didn't go to the old school; however, I've been inside it and many other old buildings like it. In fact, I've actually traveled on vacations during my life, as I'm sure you have too to actually visit old buildings that have been renovated, restored and refurbished to accommodate our being able to simply take a moment to reminisce about the building - maybe the people who once walked the halls - but mostly just the fact that we are able to be apart of something positive from yesteryear. This 1927 High School represents years of positive impact on our community. You know we can't keep that school without you. At the risk of hurting some body's feelin9s - I will still say that if as much energy was put into saving that old building - as has been put into tearing it down by preservation opposition, then I wouldn't be here sharing my personal thou9htS with you again this evening. Please save this landmark site in our community. We only have a few - when they're gone - they're gone forever. A pole with a siQn that savs this was the site of - just isn't the same, when you have the opportunity to actually have the building itself. As I said, this is my opinion. If I had the deciding vote to save that old building, you can bet it would be for going to find a way to make it work for the City's benefit not for a bull dozier. I'd be willing to bet you a dollar to a hole in a doughnut, that when it's all said and done - this City will be spending a great deal more on that property in the out years than what it would have taken to make it a compliment to the beauty next door. With a change of heart, a dedication for the cause and affect, a partnership in finding the money and a vision for what that old building can be turned into, you'll not regret the outcome. Thank you, Brian Edwards 629 NE 9TH Ave., Boynton Beach, FL 33435 (561) 373-8149 2 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development CITY OF BOYNTON BEACH, FLORIDA paz Building PROJECT NAME: Renaissance Commons Phase VI Engineering Oce. Llcenu D...,._LT~I....L APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl E. Klepper r::~' t~. AGENT'S ADDRESS: 980 North Federal Highway, Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 7,2004 TYPE OF RELIEF SOUGHT: Request conditional use I new site plan approval for the construction four buildings between 55 feet in height and 75 feet in height, pursuant to Chapter 2. Zoning, Section 6.H (SMU - Suburban Mixed Use Zoning District). The four buildings consist of a six (6)-story building proposed at 75 feet in height, a five (5)-story building proposed at 75 feet in height, a four (4)-story building proposed at 70 feet in height, and a three (3)-story building proposed at 75 feet in height. The project proposes a total of 348 multi-family dwelling units, 58,645 square feet of retail, 49,240 square feet of restaurant, and 176.097 square feet of office. All buildings are proposed on an 18.126-acre portion of the 86-acre project known as Renaissance Commons zoned Suburban Mixed- Use (SMU). LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APP~ AS _ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The APP~S application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms conditions of this order. 7. Other . . DATED: I - - . City Clerk S,\Planning\SHARED\WP\PROJECTS\R~naissance Cornmons\Site f'ians\Phasc VI COUS EXHIBIT "A" RENAISSANCE COMMONS LOCATION MAP N LEGEND ._---.-:::-~_::_:::=-:::_~::_-: - ·__··'....__.A__ .......-..,,,1I.ua___.. ...._,____._... --- .--t;;DA':""1anF1t _.~It) R__14Wnt1at-· . ---- MODR . M_..1e D_ItJ' Ruldentlal S LRC . Local R_ Co_roI.' ItIX)~ - UIIð tMmIl -- - ---- -- EXHIBIT "B" , ~._..., ..... ... I , TH oOON6RE56 AVENuE , ¡ . ~} , r-r-'-'c.--o:,,-} ! 'I . I! i-;1"~·'1"f:~'~''''''E-;'· . ¡ ! 'I LI i - ~ - -, ','-- l_._~1 - -- --- I i --# - r ,-, ---- '- - . ~ -" i i i i I ~~ -- ,. i .. MOURIZ -.. -. "" RENAISSANCE COMMONS PHASE J'1 ... II"' 8ALAZI\R BOYNTON BEACH, notUDA I ~ k I!II ARCHITECTS & PlANNERS Cœnp.cm ~ofBoylllo!lD.LLC. .;. EXHIBIT "B" , ~ M I' ... ... I 0.. . i i .. 4-I -'t-. J " -t n CJ ! C ¡= 0 z G') C- . EXHIBIT "B" I rJ~ -!-' liT .' ~., ... I ~ ." I .~ D.. i u ~ ~ i I I I ! ~ I I I aI C - .... 2 z: CI' I '- ~ q ¡~ , -"\.- EXHIBIT "8" , I -\- ! j ~. M ., I ~ .. ~ D. .. CJ C r 0 Z G> c.... ~ ¡~ i , -'I--- - EXHIBIT "B" I i ~I M I , . " .. ." 0.. " I ), . 1 DJ ~ C ~ ¡= c z G'> c.... i ~ ~ EXHIBIT "B" 'Ai<E; " -~_.~ '. , . ~ ~ " ~ ~I ~I , I ! [ ~ ,,. ~t~ ~ fJ~l ¡¡¡~ ~Q\ (\¡::. . ~.... ð'_~ ª :5 ~UI! ~~I~tlll Renaíssance Commons H!f U'fji0 II!~ " m'" Ii Boynton Beach, Florida II ¡ I '¡;¡ ! EXHIBIT ''8'' ~ £' ~ §.~ " 0; ~ . @~~ ~tU ~~ ~~O\ . ~.... z_~ ª ~ I ~'I ~11'~l~ Renaíssance Commons H~f W' j~ ~ ,IG ¡I II ,'~ Ii Boynton Beach, Florida II ¡ J f .~ j EXHIBIT "B" ~ '£' ;.: .:::1(1) ,," ~~~ i!;! . ~~:::;: ~~ . ~o; ~¡¡jCJ\ ::¡ , J::I.... zO)~ ª :::1 II~I~ II '~"il" Renaíssance Commons H!fffJfJ~~ ¡ I ~m 1'1': I- !I ¡ I '6; I, I Boynton Beach, Florida . , ! EXHIBIT "B" Q . , . I' " ¡ . , '~_.-/ \ , , , , , ~ ~ ~ '"' It) ,,- ~!1i:l;) ~ ~~~ ~~ (1:¡~<J\ . ):)..... ð'.~ go ~ II~I~ II ~~¡'''l~ Renaíssance Commons R!f JIll !g ~ Ii Boynton Beach, Florida (I ¡ J f .~ I EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase VI File number: CODS 04-008 Reference: 2nd review plans identified as a New Site Plan with a November 2. 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: I. Prior to pennit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). PUBLIC WORKS - Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Perfonnance X Standards Review) from Palm Beach Countv Traffic Engjneering ENGINEERING DIVISION Comments: 3. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5 .H.). Reference FDOT Standard Index 546 for the sight triangles along Gatewav and Congress 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of pennitting. 5. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction pennit application. UTILITIES Comments: 6. Palm Beach County Health Department pennits will be required for the water X and sewer svstems serving this project (CODE, Section 26-12), 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with COA 11/22/04 2 DEPARTMENTS INCLUDE REJECT 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is Qfeater (CODE, Section 26-16(b)). 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 9. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occunancv. 10. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this nroiect, in accordance with the CODE, Section 26-15. II. Please provide a time line that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also, provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon its completion. Please be as accurate as nossible. 12. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction nermit annlication. FIRE Comments: 13. At the time of pennitting, please update the master sign program to include X building addresses and subdivision identification signs. 14. At time of pennitting, all buildings shall include fire sprinkler systems in X accordance with NFP A 13 and / or 13R. 15. At time ofpennitting, all buildings six (6) stories or higher shall comply with X Ordinance 04-005. Further review for its applicability will be detennined at the time of nermitting. COA 11/22/04 3 DEPARTMENTS INCLUDE REJECT 16. Smoke scrubbers are required if an exhaust fan is proposed within 10 feet of a X window or other building opening. Further review for its applicability will be detennined at the time ofpennitting. POLICE Comments: None X BUILDING DIVISION Comments: 17. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at pennit review. 18. Indicate within the site data the type of construction of each building as X defined in 200 I FBC, Chapter 6. 19. Indicate within the site data the occupancy type of each building as defined in X 2001 FBC, Chapter 3. 20. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 200 I FBC. 21. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall onenings pennitted per 2001 FBC, Table 600. 22. Every exterior wall within IS feet of a property line shall be equipped with X approved opening nrotectives per 2001 FBC, Section 705.1.1.2. 23. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 200 I FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of pennit application. 24. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 25. Buildings three-stories or higher shall be equipped with an automatic X COA 11/22/04 4 DEPARTMENTS INCLUDE REJECT sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 26. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 27. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 28. As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The X building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheets A-17, A-18. However, add to the floor space drawing a labeled symbol that identifies the location of the handicap accessible entrance doors to each building. The location of the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Submit floor plans for the commercial buildings (retail/office/storal!e). 29. At the time of permit review, submit details ofreinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall complv. 30. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 31. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 32. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following: a. Will the clubhouse be restricted to the residents ofthe entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the clubhouse? c. Will there be any additional deliveries to the site? d. Will there be any additional employees to maintain and provide service to the site? COA 11/22/04 5 DEPARTMENTS INCLUDE REJECT Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient pennit review, the applicant should request that the County send the City a copy of their detennination of what impact fees are required for the clubhouse. 33. Add to the floor plan drawing of the clubhouse a breakdown of the floor area. X The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the clubhouse and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. 34. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available 35. A water-use pennit ITom SFWMD is required for an irrigation system that X utilizes water ITom a well or body of water as its source. A copy of the pennit shall be submitted at the time ofpennit application, F.S. 373.216 36. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following infonnation shall be provided at the time of building pennit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 37. At time of penn it review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 38. At time of building pennit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following infonnation shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-auuroved site plans. COA 11/22/04 6 . DEPARTMENTS INCLUDE REJECT d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(t)) 39. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; a. Covered stairways; b. Common area balconies; c. Entrance area outside of a unit; d. Storage areas (not part of a unit); e. Garages (not part of a unit); f. Elevator room; g. Electrical room; h. Mechanical room; 1. Trash room; j. Mailbox pickup and delivery area; and k. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 40. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.8. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: 41. 348 multi-family units @ 656 ea = $228,288 X The fee is due at the time of the first building permit for this phase. COA 11/22/04 7 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 42. This project requires conditional use approval rrom the Planning & X Development Board and City Commission. If approved, staff recommends that a period of one (I) year be allowed to initiate this project (obtain a building pennit). 43. Based on the proposed uses and respective building areas, the entire Phase VI X project would require 2,001 parking spaces. However, only 1,804 spaces would be provided, a deficiency of 197 parking spaces. This should be labeled as such on the cover sheet and master plan tabular data. The number of seats for the restaurant is limited to 1,231 seats, which in turn, is based upon the gross floor area of the restaurant space. The applicant may submit a shared parking analysis, which would be reviewed at the time of permitting. The City may issue no building permits until the number of required parking spaces is provided, the City approves the shared parking analysis, or relief is granted. 44. The project has school concurrency approval for 1,700 units but there is an X inconsistency between the type and number of units between the School District's approval letter and the proposed master plan's tabular data (townhouses versus condominium). This is a minor inconsistency, so therefore, at the time of pennit review, the applicant will be required to submit an updated School Concurrency approval letter that is consistent with the number and types of dwelling units, approved through Phases One through Six. 45. At the time of permitting, provide detail drawings of the entry wall and sign, X gazebos, trellis structure, fountains and clock tower. Staff recommends installing a considerably more substantial structure at the entry drive off of Gateway Boulevard. 46. The square footages for Building "L" do not match between Sheet SP-I and X Sheet A-7. Please make sure the square footages match for all building floor plans versus the site plan and site data, and that the parking calculations accurately correspond. 47. Bicvcle racks should be placed appropriately throughout the site. X 48. The plans indicate "storage" as a potential use. However, self-storage uses X require conditional use approval. COA 11/22/04 8 . DEPARTMENTS INCLUDE REJECT 49. Abandonment and rededication of easements must be recorded prior to X issuance of a building permit for the project. 50. The traffic equivalency determination must be approved by the Palm Beach X County Traffic Division for concurrency purposes prior to the issuance of any building permits (ChaDter 4. Section 8.F.). 51. The usable open space plan shows that 4.55 acres would set aside as usable X open space. However, there are certain elements of the design, such as terminal and landscaped parking islands that cannot be counted towards usable open space. After discussing the pervious and impervious surfaces of the plan, staff believes that the project still complies with code because at least 3.62 acres of land would be set aside for usable open space. Therefore, at the time of permitting, the applicant would be required to revise the plan to accurately show the usable open space in order to comply with Chapter 2, Section 6.G.4 of the Land Development Regulations. 52. Since the total number of seats for the restaurants is undetermined at this X time, the parking methodology would be based on the gross floor area (49,240 square feet), which would limit the proiect to 1,231 seats. 53. At the time of permitting, on the site plan tabular data (sheet SP-I), indicate X the proposed floor-area-ratio (excluding the garages) to ensure compliance with Chapter 2, Section 6.G.4. 54. All elevation pages shall indicate the exterior finish, paint manufacturer's X name, and color codes (Chapter 4, Section 7.D.). 55. All outdoor freestanding monument signs shall be located at least 10 feet X from the property line. If proposed near the spine road, then it must be located at least from the outside of the curb along the spine road and access road 56. At the time of permitting, indicate by note that there will be no provision for X outdoor patios, concrete Datios, screen enclosures, or solid-roof enclosures. 57. On the landscape plan (sheet L2 of 6), the dimension of width of the X landscape buffer along Congress A venue and Gateway Boulevard must be at least 25 feet in width. No vehicular encroachment may occur within these buffers (Chapter 7.5, Article II, Section 3. Revise the Cross-Section of the Congress A venue buffer (on sheet L6 of 6) to show the above requirement. 58. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. On the landscape plan (L6 of 6), indicate the total Quantities for all proposed native plant material. COA 11/22/04 9 DEPARTMENTS INCLUDE REJECT 59. A bus stop and shelter should be depicted on Gateway Boulevard. Its location X should be coordinated with Palm Tran and its design should reflect the architecture and materials used on adjacent buildings, not the standard Palm Tran shelter. 60. Where possible, staff recommends the use of stone balustrades on the west X elevation of Building "J" (sheet A-IO) in the same manner that they are used on the east elevation of Building "L" (sheet A-16). 61. Staff recommends adding extra trees and plant material with the landscape X buffers in order to help screen the parking garage openings of Buildings "K" and "L" trom Congress Avenue. This can be accomplished, in part, by adding more trees to the public park in Phase III of Renaissance Commons. 62. The sign program, which includes the monument signs and all wall signage, X would require Planning & Development and City Commission review and approval. No sign pennits may be issued until the City approves the sign Dfogram. 63. Staff recommends installing a more decorative monument "one way" sign X within the traffic circle as onnosed to the standard mount. 64. Staff recommends installing a fountain feature in the center of the Phase X Three park. 65. Staff recommends adding benches within the 25-foot wide landscape buffers X adjacent to the Congress A venue and Gateway Bouevard, where possible, taking into consideration the Proposed !!fading of the buffer. 66. Staff recommends installing the Royal Palm trees at 22 feet of gray wood X along the south façade of Building "J" instead of the proposed 12 feet (of gray wood). 67. Staff recommends using another variety of tree (such as Pigeon Plum or X Dahoon Holly) in the parking lot other than Seagrape due to the leaf drop and messv nature. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 68. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 69. To be detennined. MWRlelj S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase VI COUS 04-008\COA.doc 1927 SCHOOL HOUSE December 7, 2005 Good evening Mayor, Commissioners, City staff members and citizens. Every now and again, most of us say something or have an opinion about an issue that may not be popular for all. You - of all people, I'm sure, can appreciate this especially after occasionally experiencing some disagreement with various issues. My brief comments about the 1927 School House will certainly fit into the category of pleasing some and once again irritating the heck out of others. Please realize I'm speaking based on personal opinion and not as a representative or petitioner of any organization I might belong to or any individual that might share my opmlOn. Based on what I've heard over the last few years about this building and especially the last year, months and weeks; based on tug-of-rope discussions and arguments about historical preservation versus fiduciary responsibilities versus economical climate versus property value and somewhere in the mix is the emotional issues of more green space possibilities versus the possibility ofthis becoming a great parking lot. I have ~read the opinions tmt' expressed from some that, "we have enough historical stuff with the museumï.and comments about a structure which comprised J.' an all-white high school. JI"f( 'fÎ.(' M..,ff ~¡' ~ 5"'''1'.., f f e v. ,oA.....) ""oreJØP('oI~fJ;.¡.J.~11 il- C4M~.r '¡'oJ,'$h,,'(,'4 rtJ'f tllsl"P;:;;J'()I\ I love this country and I thank God for living in a country that provides us with the f,.eje $) freedoms to have a different opinion and being able to voice them. Even if they '5V¢~ 'eJ ¿ sometimes hurt others or raise issues that should be non-issues. ~I" ¡oJ-¡. 51 ".(1'1 I wooid 1m 10 "œ lillU old boildi", be ='m'" ~d "0 - I ,~., po' "P lli, moœy to ~ do it as I have stated before. I would love to see that old building become an 0,( attribute to our City's economic stimulus and no - I don't have all the answers as to ({ b~ how it could become that. I would love to have my grand children see that old [lJd.J :;J1 e, building 50 years from now - when maybe I won't be able to do so. I ~ .¡h,'j ¡p saddened to see that old building torn down - where their Great Grandfather and Jf " their Grandmother attended school. Certainly, I know that all of us do not have those ~ /l rJ same ties. .~ r ~d I can't do some of these things, but I can help to do them all. C I' ¡µ ~\Sht~ h «- 01 t- (f/¡:h w... pre-ftfJ& {y -dl'~ a"1 . . I /1 I didn't go to that old school, however, I've been inside...many other old buildings. In fact, I've actually traveled on vacations during my life, as I'm sure you have, to actually visit old buildings that have been renovated, restored and refurbished to accommodate our being able to simply take a moment to reminisce about the building - maybe the people who once walked the halls - but mostly just the fact that we are able to be apart of something positive from yesteryear. You know we can't keep that school without you. At the risk of hurting somebody's feelings - if as much energy was put into saving that old building - as has been put t,"':" mto tearing it down by preservation opposition, then I wouldn't be here sharing my personal thoughts with you again this evening. 57 Save this landmark site in our community. We only have a few - when they're gone _ they're gone forever. A pole with a sign that savs this was the site of - just isn't the same, when you have the opportunity to actually have the building itself. As I said, this is my opinion. If I had the deciding vote to save that old building, you can bet ¡ ;¡,at Un" $250,Ð8e'would be going to find a way to make it work for the City's ( benefit not for a bull dozier. I'd be willing to bet you a dollar to a hole in a ~i/ doughnut, that when it's all said and done - this City will be spending a great deal more on that property in the out years than what it would have taken to make it a compliment to the beauty next door. . -eo J-Þ, With a change of heart, a dedication for the canse and effect, a partnership in finding the money and a vision for what that old building can be turned into, you'll not regret the outcome. Thank you, Brian Edwards 629 NE 9TH Ave., Boynton Beach, FL 33435 (561) 375-6606 . 2