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Minutes 06-20-00 MINUTES OF THE REGULAR cz'rY COMMISSION MEE'r~NG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, 3UNE 20, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem 'Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth -Temple Beth Kodesh (not present) Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher Mayor Broening called the meeting to order at 6:35 p.m. Following the minute of silent prayer, Commissioner Charlie Fisher led the Pledge of Allegiance to the Flag. 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. Mayor Broening reminded the audience members to fill out speaker's cards if they wished to address the Commission during the meeting. E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the Agenda. 2. Adoption Vice Mayor Weiland moved to approve the agenda. Commissioner Black seconded the motion that carried unanimously. II, ADMINISTRATIVE: A. Appointments to be made: MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Appointment To Be Made Board June 20, 2000 Length of Term Expiration Date Mayor Broening II Black III Sherman IV Fisher II Black III Sherman Children & Youth Advisory Board Alt i yr term to 4/01 Tabled (3) Children & Youth Advisory Board Reg 2 yr term to 4/02 Tabled (3) Children & Youth Advisory Board Stu/Reg/Voting i yr term to 4/01 Tabled (3) Children & Youth Advisory Board Stu/Reg/NonVotingl yr term to 4/01Tabled (3) Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/01 Tabled (3) Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/01 Tabled (3) Mayor Broening Code Compliance Board Alt i yr term to 9/00 Tabled (3) III Sherman Education Advisory Board Reg 2 yr term to 4/02 Tabled (3) IV Fisher Education Advisory Board Alt i yr term to 4/01 Tabled (3) Mayor Broening Education Advisory Board Alt i yr term to 4/01 Tabled (3) I Weiland Education Advisory Board Stu i yr term to 4/01 Tabled (3) II Black Education Advisory Board Reg 2 yr term to 4/02 Mayor Broening Library Board Alt i yr term to 4/01 II Black Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (3) III Sherman Nuisance Abatement Board Alt i yr term to 4/01 Tabled (3) II Black Recreation & Parks Board Alt I yr term to 4/01 Tabled (3) Commissioner Black appointed Brita Peterson to the Building Board of Adjustment and Appeals. Mayor Broening appointed Judith Sanders as an alternate to the Library Board. All other appointments were tabled. Motion Commissioner Black moved to approve the appointments and table all remaining appointments. Commissioner Fisher seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: In observance of the July 4th Holiday, City Hall will be closed. The first City Commission Meeting in July will be held on Wednesday, July 5, 2000 at Boynton Leisureville Community Clubhouse located at 1807 SW 18m Street. Mayor Broening announced the closing of City Hall on the July 4th Holiday. He also announced that the City Commission Meeting would be held at Boynton Leisureville Community Clubhouse on July 5, 2000. MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 B. Presentations: 1. Proclamations: "Code Enforcement Officers' Appreciation Week" - June 19-23, 2000 Mayor Broening read a Proclamation declaring the week of June 19 through June 23, '2000 as "Code Enforcement Officers' Appreciation Week" and encouraged the residents to join in the appreciation for the dedication and outstanding service provided by the individuals who serve as Code Enforcement Officers. b. "The 4th of July Big Blast Celebration" - July 4, 2000 Mayor Broening read a Proclamation declaring the July 4th Holiday as "The 4u~ of July Big Blast Celebration" and extended a warm welcome from the City of Boynton Beach to attend this celebration at Boat Club Park. 2. Orientation PowerPoint Presentation - James Cherof, City Attorney Attorney Cherof made a presentation relative to the mission, resources, and responsibilities of the City Attorneys. (A copy of this presentation is attached to the original set of these minutes on file in the City Clerk's Office.) 3. Legislative Update - Senator Ron Klein Mayor Broening introduced Ron Klein, State Senator for the 28th District in the Florida Senate, who gave an update on the following recently passed legislation, which directly affected municipalities: Municipal Revenue Sharing replaces funding for cities received by way of the cigarette tax revenue with an allocation of a fixed percentage of sales taxes and fees received by the state. This was necessary due to the decline in the use of tobacco-related products. Telecommunications Flat Tax Act created a uniform statewide tax rate and a local tax to be administered by the Department of Revenue that would combine the existing telecommunications taxes. Senator Klein stated this should make everyone's telephone bill easier to read. Vehicle Emissions Test will be discontinued as of July 1, 2000. Residents of Palm Beach County (and many surrounding counties) will no longer be subjected to the emissions test. Senator Klein stated that we now had clean air and that catalytic converters had contributed greatly to this result. The Justin Marksz Teen Safety Driving Act requires teen drivers to have 50 hours of on-the-road experience, and have a learner's drivers license for one year with no convictions for drugs or alcohol related violations before being issued a MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 driver's license. The measure also requires everyone under the age of 18 to wear a seatbelt no matter where they are seated in a moving vehicle. The ITflorida.com Act supports the growth of the rapidly expanding Internet industry in South Florida. Senator Klein said that Florida had become a very attractive place for technology businesses. A State Portal is being set up which will have all of the State contracts on-line for bidding and RFP. In the next six months all State agencies, permitting and licenses will be on-line, which should make dealing with the State much easier and more efficient for the consumer. Senator Klein stated that the Governor had recently vetoed a number of programs in Palm Beach County, which was a disappointment to all concerned. Senator Klein encouraged all concerned parties to contact his office this month concerning any State-funded programs such as the Senior Center, Juvenile Justice or any other programs of interest. Over the next thirty days planning will commence for the State budgets and as Senator Klein explained, once an item is in a State budget, it becomes a little more "veto-proof". Mayor Broening presented Senator Klein with a Boynton Beach T-shirt, stating that it was one of the first to be given out to someone at the state government level. The T-shirt was designed at the instigation of the new Public Relations Director, Mr. Wayne Segal. 4. New High School Principal - Introduction by Virginia Farace Ms. Virginia Farace, Library Director and City's Education Liaison, took the podium. Ms. Farace stated that a very important milestone had been reached in the City's quest for a Boynton Beach High School in the appointment of the principal by the School Board. Another milestone was that the construction of the high school was on schedule and 50% complete, with an opening currently targeted for August of 2001. Ms. Farace distributed a handout of the latest aerial photographs of the construction site and related information. Ms. Farace said that tentative boundaries for the new high school had also been recommended and she included a draft outline of those boundaries in the handout. The school is expected to open at capacity which is 2500 students. Ms. Farace invited Ms. Elizabeth Decker to the podium to explain the principal selection process and introduce Dr. Cornnell. Ms. Elizabeth Decker, Area 2 Superintendent, took the podium and spoke about the steps that were taken to select the principal. They had first done a site analysis where they invited a representative group of staff members from the feeder high schools, Santaluces and Atlantic, members of the community representing businesses and involved citizens, and members of the school system who were currently teaching at some of the schools. The outcome of this process led to the review of the numerous candidate applications. At the conclusion of the process, Dr. Walter A. Cornnell was recommended to the School Board and appointed to the position of Principal for the new high school. Ms. Decker reviewed Dr. Cornnell's background and experience. He began his career as an educator in 1976 and spent the last twenty-one years in education in the School District of Palm Beach County. As a teacher he taught math, science, and computer technology. He was MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 among the first in the district to be involved in computer education for students and staff members. He served for five years in the Curriculum Department as a Computer Science and Science Curriculum Specialist. He was involved with grant writing and participated in the planning and design of the Florida In Tech Program. He designed network systems and training for network administrators. He participated in the design and implementation of .lohn I. Leonard, a model technology school and the first in the State of Florida, as well as the Atlantic High School Science and Information Network and the Barton Elementary School of the Future Project. Dr. Cornnell was the assistant principal when Olympic Heights High School opened in Boca Raton several years ago. He also served as the principal of Omni Middle School for many years. Most recently he was assigned to coordinate the district's K-9 algebra initiative. He is a frequent presenter at conferences and most recently presented at a conference sponsored by New York University and the National Council of Teachers of Mathematics at a conference entitled "Diversity, Equity and Standards, an Urban Agenda in Mathematics Education". Ms. Decker wished to add to Dr. Cornnell's technical accomplishments and attributes the high regard in which he was held by all that had worked with him, noting his success at blending people and projects. She expressed her belief that Dr. Cornnell would be a great asset to the students, staff, community members and business partners in the City of Boynton Beach and that with his leadership, all would collectively come to develop a school of note. She then introduced Dr. Cornnell. Dr. Walter A. Cornnell came to the podium to address the gathering. He expressed his pleasure at the appointment and for the opportunity to open a new high school in a community that was looking to support and work together to have the best high school in the state of Florida. Dr. Cornnell mentioned that he had been in the state since 1957 and that all of his children had gone through the public schools in Palm Beach County and that he was proud of the result. He spoke of the history of Boynton Beach, which included a high school in 1949, and that he was thrilled to have the privilege of bringing a high school back to Boynton Beach, acknowledging the long-standing efforts of the citizens and community leaders towards this end. Dr. Cornnell said he believed that an academic environment must be safe and disciplined and he believed that this could be provided. He offered to work with members of the community, members of the County Commission, the police, the sheriff's office, and the public departments in the City and County to insure that the children had the best opportunities available. He pledged to work hard to bring about results which would bring credit to the community and success for the children. Mayor Broening welcomed Dr. Cornnell and pledged the utmost support to Dr. Cornnell on behalf of the City and its citizens. I'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. MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Vice Mayor Weiland asked that item IV-B.2 be removed from the Consent Agenda for discussion. Commissioner Fisher asked that item IV-Bi4 be removed from the Consent Agenda for discussion. Mayor Pro Tem Sherman asked that item IV-C.6 be removed from the Consent Agenda for discussion. City Manager Bressner asked that item IV-D.1 be removed from the Consent Agenda for discussion. Commissioner Black asked that item IV-E be removed from the Consent Agenda for discussion. A. Minutes: Agenda Preview Conference of June 1, 2000 Regular City Commission Meeting of June 6, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Approve piggyback of BOCA RATON RFP #98-057 to Ashbritt, Inc., "FOR DEBRIS COLLEC'FION AND DISPOSAL - 2000 HURRICANE SEASON". This contract will be reimbursable from FEMA. Award BID #068-2910-00/C.1D to West Construction, Inc. for the "RE-BID BOYNTON BEACH MUNICIPAL GOLF COURSE JOE DELONG BLVD. IMPROVEMENTS" in the amount of $131,410 R£$OZ~IIZON NO. RO0-80) Vice Mayor Weiland requested that item IV-B.2 be removed from the Consent Agenda for discussion. Approve the piggyback of PALM BEACH COUNTY CONTRACT NO. R-99- 742D to Stephen Boruff, AIA, Architects & Planners, Inc. for "ARCHITECTURAL AND ENGINEERING SERVICES" with estimated expenditures of $31,940 Award BID #052-2610-00/C]D to ]MW Construction Corporation for the "CONSTRUCTION OF AN OPEN-AIR AMPHITHEATER AND RESTROOMS AT THE 1913 SCHOOLHOUSE MUSEUM" in the amount of $120,700 ('~°RO~°O$£D R£$O£~IT.~ON NO. ROO-SJ~) Commissioner Fisher asked that item IV-B.4 be removed from the Consent Agenda for discussion. MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Award BID #059-1412-00/KR "PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS" to various vendors for an estimated annual expenditure of $20,000 Extend the "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM'; BID #089-2821-99/CJD, to Sensus Technologies, Inc., for an additional year for an estimated annual expenditure of $400,000 Approve the "sole source" purchase of EYEWITNESS IN-CAR VIDEO SYSTEM from Kustom Signals, Inc., in the amount of $14,070 Approve piggyback of PALM BEACH COUNTY CONTRACT, PROJECT NO. 00052 to Wynn & Sons for "CONCRETE WORK AS PART OF THE WILSON POOL FA(j:ADE PROJECT" in the amount of $10,640 Approve the "PURCHASE OF ERGONOMIC FURNITURE for Utilities Department in the amount of $20,428.89 utilizing PRIDE OF FLORIDA 10. Award BID #056-2511-00/C]D to V.I.P. Painting, Inc. for the "PAINTING OF VARIOUS BUILDINGS WITHIN THE CITY OF BOYNTON BEACH, BOYNTON BEACH, FLORIDA" in the amount of $23,764 C. Resolutions: Proposed Resolution No. R00-82 Re: Authorizing the execution of an Interlocal Agreement with Palm Beach County to accept a one-time reimbursement contribution in the amount of $65,040 to be used towards the installation of improvements to the golf course front entranceway Proposed Resolution No. R00-83 Re' Authorizing the Mayor to execute an agreement between the City of Boynton Beach and the U. S. Department of Justice Office of Community Policing Services to apply for a grant under the Universal Hiring Program in the amount of $300,000 over a three-year period Proposed Resolution No. R00-84 Re: Authorizing the execution of a Financial Assistance Agreement for Landscaping along Hypoluxo Road from Congress Avenue to Interstate 95 Proposed Resolution No. R00-85 Re: Approving an amendment to the Financial Assistance Agreement dated April 20, 1999 for landscaping improvements along Congress Avenue from SW 23rd Avenue to Ocean Drive, extending the time for providing reimbursement from March 31, 2000 to December 31, 2000 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Proposed Resolution No. R00-86 Re: Authorizing staff to apply for Phase VII, Palm Beach County Roadway Beautification 50/50 Matching Grant Proposed Resolution No. R00-87 Re: Approving an Agreement for Utility Service Outside of City Limits between the City of Boynton Beach and Cascade Lakes, Ltd. Mayor Pro Tern Sherman asked that item IV-C.6 be removed from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: Airman (AKA) Bay Vista - South Federal Highway Northeast of the Intersection with SE 23rd Avenue - Request for new site plan approval to construct a 286 unit multi-family development on 14.33 acres City Manager Bressner asked that item IV-D.1 be removed from the Consent Agenda for discussion. Borgata (Melear PUD 3A and 3C) - Southwest corner of Miner Road and Sandalwood Drive - Request for new site plan approval for common area landscaping and recreation facility Approve the extension of the land development permit issued .lune 9, 1998 for East Ridge PUD for one year from the 21-month expiration date (or March 8, 2001) Commissioner Black asked that item IV-E be removed from the Consent Agenda for discussion. Motion Approve the purchase of 15 Model Year 2001 Club Cars to replace 15 Model Year 1994 Club Cars at a cost of $30,975 from the G°lf Cart Replacement Reserve Account A motion to approve the Consent Agenda as amended was made, seconded and carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: IV-B.2 Award Bid #068-2910-00/C3D to West Construction, Inc. for the "Re-Bid Boynton Beach Municipal Golf Course 3oe DeLong Boulevard Improvements" Vice Mayor Weiland commented that the total for the project was $131,410. He said that the engineering fees were above the cost of performing the work. The structural and civil engineering totaled $71,580 versus $59,830 for the actual work itself. He believed that engineering fees normally came in lower than the actual work itself. MEETING MINUTES CiTY COMMISSION MEEl-iNG BOYNTON BEACH, FLORIDA ]une 20, 2000 Mr..loe SciortJno, Golf Director, took the ~odium to respond to Vice Mayor Weiland. He stated that the structural engineering work actually included the construction of the walls that were part of the front entranceway, and the civil engineering work included the widening of the road and the repaving of the area. Vice Mayor Weiland asked what the actual engineering fees had been. Mr. Sciortino replied that Gee and Jenson were given $20,000 as a design fee to put the whole bid package together for the City. West Construction has given us a lump sum bid. Mr. Sciortino asked them to break it down so the bid could be compared to the previous bid which had to be redone. City Manager Bressner stated that part of the confusion stemmed from the template that was used to award the bid and its lack of a label identifying exactly what was included. Motion Commissioner Black made a motion to approve item IV-B.2. Vice Mayor Weiland seconded the motion that carried 5-0. Award Bid #052-26:L0-00/C3D to 3MW Construction Corporation for the "Construction of an Open-Air Amphitheater and Restrooms at the 1913 Schoolhouse Museum" Commissioner Fisher asked for additional information. He asked to be made aware of exactly what the City was getting for $120,000. Mr. Bill DeBeck and Ms. Virginia Farace approached the podium to answer these and any other questions about the project. Commissioner Black also wondered how the project came about. Ms. Farace proceeded to give the history of the project from inception to present. Commissioner Black asked if most of the money had come from grants. Ms. Farace said that $94,552 was from a grant. It was a matching grant but the State allowed all that the City had already expended on the building for its match, which has been met. When the project costs came in slightly over what had been projected, consideration was given to removing the bathrooms from the project. Parks Director John Wildner believed that the bathrooms were very much needed on that site. He felt it was very appropriate to use $26,148 from the Park & Facilities Trust Fund to help complete the project. Ms. Farace helped the Commissioners visualize the location of the project and explained various details of the project. She stated that the term amphitheater was perhaps misleading, as the project was basically an outside seating area with adjacent bathrooms. The seating area was designed to accommodate 50 school children and 25-30 adults. One of the advantages of the area was that the children would be allowed to sit in the area and have a bit of food, something that was prohibited in the adjacent play area. Commissioner Black asked about the time line for the project. Ms. Farace said the contract must be signed by the end of June or the grant would be lost. If the Commissioners approved the project at the meeting, the ]MW Construction Company was ready to come in to sign a contract MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 the following day. Work would begin two weeks after receipt of contract and the job was estimated to span a 90-day period. Commissioner Fisher discussed the options as he understood them. He believed that the Commissioners could say "stairs only" for example. Ms. Farace remarked that if this were done they would have to give the grant back since it had to be used "as detailed to the grantors initially". Ms. Farace said another option would be to turn the grant money back and fund any portion of the project that the Commissioners desired. Mayor Pro Tern Sherman asked if it would be possible to stay within the $94,552 from the grant. Ms. Farace did not believe that would be possible according to the City's bid requirements. The job would have to be rebid and the grant would be lost. Mayor Pro Tern Sherman was concerned that it was a case of cost going over bid, being told "it had to be done tonight or else". Ms. Farace explained that when they began the grant application process it had been two and a half years ago and that by the time the grant came through, it had to be analyzed in light of current construction costs, which had risen since the project's inception. Mayor Pro Tem Sherman was also concerned that the drawings that were given to the Commissioners did not show the restrooms at all. The restrooms came to $70,000 and they were detailed as little squares with no further information being supplied to the Commissioners. Vice Mayor Weiland was also concerned about spending $70,000 for two bathrooms. When his children had to use the bathrooms they used the ones at City Hall or at the Police Department and he believed the cost was quite high. Ms. Farace said that the Iow bidder had broken down the items but the other two did not. City Manager Bressner referred to the bid tabulation and he asked if it had been a lump sum bid and was told that it had been. Commissioner Fisher asked Mr. Majors if the additional funds coming from Parks & Recreation meant that the City would have to do without something else? Mr. Wally Majors, Acting Recreation Director, took the podium and responded that he was unaware of anything that the City would not be able to do as a result of this action by the Parks & Recreation Department. City Manager Bressner stated that on behalf of the staff, in terms of the time line that was provided to the Commissioners, authorization was granted in late November of 1999 to proceed with the project. The necessary papers were prepared and benchmarks were met for approvals. If it had been possible to get the bid to the Commissioners earlier it would have made it easier for them to make an informed decision. He apologized that this had not been possible. City Manager Bressner asked if the grantors would give the City a two-week extension regarding the grant funding to give the Commissioners an opportunity to review the project further to achieve some possible cost cutting ideas with the Iow bidder? Ms. Farace said that risk could be taken but she was unaware that there would be that opportunity. She pointed out that the other two bids were much higher. She did not believe that City policies allowed negotiations after bids were received. She deferred to Attorney Cherof in this matter. City Manager Bressner said that it would be possible to reduce quantities though and that was the crux of his question. Attorney Cherof verified that post-bid negotiations were not allowed. Ms. Farace also mentioned that every time a site change was made they had to go back to the State within the bounds of the grant. 10 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ]une 20, 2000 Vice Mayor Weiland asked about the construction materials. Mr. DeBeck responded that the project was to be in cinderblock, stucco and concrete. The roof was to be metal, the walls of tile, Standard American porcelain fixtures (one fixture each side), steel doors with aluminum louvers, paver bricks to match the surrounding area, aluminum hand rails all around the top as required by code, concrete stairs. Lighting is built into it with additional conduits built in to accommodate plays and things that may be required. Water and electric are already on site. Mayor Broening asked who was going to pay for the sewer? Mr. DeBeck stated that Utilities was going to install it. Motion Commissioner Black made a motion to approve Item IV-B.4. Vice Mayor Weiland seconded the motion that carried 5-0. Mayor Pro Tem Sherman thanked the City Manager for the courtesy he showed in explaining the time line of the project but he hoped that the Commissioners would not be put on the spot in the future with having to have projects explained to them orally. Mayor Pro Tem Sherman asked that the Commission not "fast track" any more projects, especially when they ran over budget estimates. He asked that the Commissioners be given sufficient time to review projects so that serious thought could be given to them. :Item C,6 Approving an amendment to the Agreement for Water Service Outside of City Limits between the City of Boynton Beach and Cascade Lakes, Ltd. Mayor Pro Tem Sherman called the City Manager's attention to the last Commission Meeting at Public Audience when they were told someone was working very hard on the annexation issue. He believed that this item referred to a 50-unit development that the City would be providing utility service to and they would thereby consent to the City's annexation of those properties should that become a reality. Since Commissioner Black Iwould be meeting with COWBRA in the near future, he wanted to know what activity was going on in the area of annexation? City Manager Bressner stated that it was his understanding that the City Commission had addressed this issue approximately a year and a half ago and at that time there was some preliminary discussion regarding possible future boundary areas. It was deemed in general that Military Trail and branching back to the canal behind Military Trail would probably be the area of principal concern for the Commission. All things being equal, the City would be able to serve those areas and there would be proper petitions for annexation of all the properties. City Manager Bressner continued, saying that Item C.6 is a business that is not contiguous to the current limits of the City of Boynton Beach; however, in order for this property to develop they have requested that we enter into a utility service agreement with that property. They then would, if this agreement moves forward, be allowed to develop in the County according to the County standards with respect to site and land use standards. We do have some review with respect to that and at such time in the future that property becomes contiguous to the City limits, it would be at that point that they have already petitioned for annexation and they would 11 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 become part of the City of Boynton Beach. What this means is that there are a number of parcels out there that have previously entered into such agreements. I think part of staffs work over the next six months will be to identify and assemble a map showing the locations of those parcels. We would then advise you what other parcels might be necessary for annexation in order to obtain continuity for those parcels with a view towards moving for annexation. There has been no formal discussion or participation by staff to my knowledge other than Commissioner Black's designation as the City's representative to COWBRA. We are assessing, monitoring and keeping in mind the past policy direction of the City Commission. He believed that having the map identifying the existing utility agreements would be helpful to the Commission in their decision to either go forward or refine that policy as appropriate. This could be put on a future agenda. Attorney Cherof stated that the agreement in the Commissioner's agenda packets made reference to water service only and it was amended to provide water and sewer service. He did not know if there was a memo from Utilities confirming that the City had the capacity to provide both. He assumed that they do. He asked that when the motion was made it indicate water and sewer. Mayor Broening asked if this item fell in the City's utility service area and City Manager Bressner confirmed that it did. Motion Commissioner Black made a motion to approve Item C-6, to approve an Amendment to the Agreement for Water and Sewer Service Outside of City Limits between the City of Boynton Beach and Cascade Lakes, Ltd. Commissioner Fisher seconded the motion that carried 5-0. Item D-1 Request for new site plan approval to construct a 286 unit multi- family development on 14.33 acres (Bay Vista) Commissioner Fisher asked for a brief summary from staff on the project. Mr. Rumpf, Planning & Zoning Director, took the podium to respond to this question. He stated that the item(s) before the Commission were: 1) 2) 3) Request for new site plan approval (Consent Agenda Item IV-D.1) Amendment of the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHR) (Agenda Item VII.B) and Rezone from Community Commercial (C3) to Multiple Family Residential (R3) Mr. Rumpf stated that this project represented the first successful attempt to assemble the various parcels of land at this location. He showed the Commissioners artist's renderings of the proposed project, which were discussed in detail. Commissioner Fisher asked if the preserved area was larger than requested. Mr. Kieran Kilday from Kilday and Associates took the podium. He responded that the preserved area was primarily mangrove and that it met the South Florida Water Management District ]2 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 requirements. Commissioner Fisher wanted to know who would be responsible for maintaining it. The response was that it would be privately owned and maintained. Commissioner Fisher also asked about the Boardwalk that was listed on the drawing. He stated that it was obviously private but eventually, if a Boardwalk were to run the length of it, he asked if they were going to open it up? Mr. Kilday said they requested and agreed with Planning & Zoning to enter into an agreement whereby if some sort of a Boardwalk or Greenway program extended along the Intracoastal that they would provide public access through their boardwalk. A meeting was to be scheduled with Mr. Wildner to discuss the terms and how it related to their impact fees. Vice Mayor Weiland mentioned that they previously agreed to this when asked. With Hampshire Gardens to the south and Coastal Towers to the north, he wondered how that would be possible for the public to enter onto the Boardwalk from three different privately owned parcels of land? Mr. Kilday said the agreement would only be triggered in the event that there was some sort of waterfront boardwalk system. They pointed out that there were two private owners on both sides who may never agree to any sort of access. Commissioner Black asked Mr. Rumpf about the mangrove area and how it tied into the recreational fee as far as the dedication requirements. Mr. Rumpf replied that each and every criterion did not have to be met and that public access was not stated as a mandatory element, when considering the elements that count toward dedication. Commissioner Black said that by preserving the mangrove was the dedication requirement satisfied? Mr. Rumpf replied that it only satisfied a percentage of it. City Manager Bressner asked if the proposal for a future public walkway had any bearing as to the amount of donation that would be required? Mr. Rumpf said that it did not and that he would have to assume that access would not be there and it should not be a factor in the calculations. Mayor Pro Tem Sherman said this was a very large project for where it was slated to go. Motion Commissioner Black made a motion to approve Item D-l, new Site Plan Approval to construct a 286 unit multi-family development. Vice Mayor Weiland seconded the motion that carried 5-0. Ttem TV-E Approve the extension of the land development permit issued ~lune 9, :[998 for East Ridge PUD for one year from the 21-month expiration date (or March 8 200:[) Commissioner Black asked about the Letter of Credit associated with this project. City Manager Bressner stated that he had a memorandum from Mr. Sugerman regarding the Letter of Credit which does exist and it has not expired. It automatically extends for an additional one year period unless we are notified in writing 90 days before the expiration date. Motion Commissioner Black made a motion to approve Item IV-E. Vice Mayor Weiland seconded the motion that carried 5-0. 13 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 V. CITY MANAGER'S REPORT: A. CRA Review of Pond "B" Pavilion (Discussion from .lune 14, 2000 CRA Meeting) City Manager Bressner outlined the project in general terms, saying that it was located behind the shopping center at Boynton Beach Boulevard and Federal Highway and that its purpose was to serve as a stormwater retention area for the Central Business District. It was constructed for the purpose of intercepting stormwater from various locations in the Central Business District that would be released at a controlled rate. A process exists by which solids would be settled out prior to the stormwater going into the Tntracoastal. Rather than just have a hole in the ground with some water and pumps and baffles in it, it was decided to create a structure that would mask the functional equipment necessary to pull the water from the central area to the filtration system. Although the design was necessary to camouflage the functional features of the stormwater appurtenances, a valuable secondary benefit was the provision of a public gathering place. This is keyed into the Mangrove Park Area, St. Mark's, and the Boynton Beach Promenade Project that is now a featured part of the Marina project reviewed and approved at the last City Commission meeting. The Assistant Utilities Director, Mr. Pete Mazella, took the podium and introduced members of the consultants on the project, Camp Dresser & McKee, who were there to answer questions and explain specific design parameters. Mayor Broening directed the Commissioners to consider the various elements of the project's design and come to consensus so the designers could finalize the plans for the job. The elements were discussed and voted on individually as follows. The first element of the project that was discussed was the material to be used for the elevated wallo~a¥. The materials that were considered by the consultants and discussed among the Commissioners at length were 19% pressure-treated wood, a combination 50% recycled plastic/50% recycled wood, and aluminum. The aluminum was eliminated as being cost prohibitive due to initial cost and replacement cost. The recycled plastic was eliminated as cost prohibitive due to its shorter spanning ability, requiring additional support beneath it. The idea of using a better grade of pressure-treated wood was discussed also but it was believed that it would approximately double the cost for the walkway. The consultants' recommendation was to use the pressure-treated wood and to seal it every three to five years. Despite the concerns that were expressed about using pressure-treated wood, the consultants believed that the sealed pressure-treated wood would hold up very well, its not being subjected to salt spray and not being in the water. Motion Vice Mayor Weiland made a motion to accept the consultant's recommendation to use 19% pressure treated wood, stained and sealed as presented by the consultant. The motion was seconded by Commissioner Fisher and carried 5-0. 14 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ]une 20, 2000 The next element the Commissioner's discussed was whether to have an alternate wall(way and its widening. City Manager Bressner commented that having a secondary means of ingress and egress was important from a public safety standpoint even though it would be more expensive to do. The Commissioners discussed the pros and cons of the subject and ultimately decided to approve a second walkway and to consider the issue of widening the walkway separately. Motion Vice Mayor Weiland made a motion to approve the alternate concrete walkway to the southeast at an expense not to exceed $130,000. Commissioner Black seconded the motion. Upon the Mayor's request for any further comments or questions from the Commissioners, Commissioner Fisher wanted the widest possible pedestrian traffic area and asked how much land would be available to widen the walkway on the western side? The consultants responded that if the walkway were widened on the western side to ten feet it would only leave five feet of visual barrier between the pond and the shopping center. After discussion, a vote was taken and the motion was amended to leave the concrete walkway at five feet as designed by the consultants. The motion carried 5-0. The next element under discussion was the gazebo itself. The consultants showed drawings representing the gazebo and the walkway showing the color of the roof as requested at the CRA meeting which was galvanized steel with an aluminum finish. They noted that they had lightened up the color for purposes of the presentation, as the grey color appeared quite drab. Motion Commissioner Black made a motion to approve the design of the gazebo with the color of the roof to have a galvanized aluminum appearance. Commissioner Fisher seconded the motion. It was mutually decided that the color would be separated from the consideration of the structural elements of the gazebo itself. Commissioner Black agreed to this change in the motion. The gazebo, as designed by the consultants, was a cruciform shape with 1,728 square feet under the roof for a cost of $133,000. The motion carried 5-0. The next element under discussion was the color of the gazebo. The recommendation of the consultants was for the gazebo to have a royal blue roof, light grey structural elements, and white latticework. The Mayor referred back to an earlier comment by the City Manager, who suggested that the paint selected should be as graffiti-proof as possible. The colors were discussed at length. 15 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ]une 20, 2000 Motion Vice Mayor Weiland made a motion to approve a medium blue roof, grey poles and white trim and latticework on the gazebo, Commissioner Black seconded the motion. The motion carried 5-0. City Manager Bressner wanted to recap by adding that the total overall additional cost to the project of $70,000 was due to the additional walkway, which both increased accessibility to the pavilion and provided a margin of safety for ingress and egress. On balance, he stated, the extra money was legitimate from the standpoint of public safety. The consultant clarified that the cost of the additional walkway was $130,000. The next element the Commissioner's discussed was the fountain for the project. The various designs were discussed and consensus was reached. Motion Commissioner Black made a motion to approve Old Faithful in the north end of the pond and Circulator on the south end. The motion was seconded by Vice Mayor Weiland. The motion carried 5-0. The consultant wished to verify the stamped concrete walkway color. The designer's recommendation was that the stamped pattern would be of a rust or natural color, light in color, similar to the pavers out in front of City Hall and some concrete banding on both sides of the concrete that borders the walk, which they suggested making light tan or buff in color. Commissioner Fisher asked what the cost would be for that? The consultants said it was included in the contract. Motion Commissioner Black made a motion to accept the color of the stamped concrete walkway as presented. The motion was seconded by Vice Mayor Weiland and carried 5-0. B. Ocean Ridge Agreement City Manager Bressner concluded his report with the information that the Town of Ocean Ridge had approved by unanimous vote the conveyance document that was approved by the Commission two weeks before and that it was a "done deal". VZ. PUBLTC AUDTENCE: Mayor BroenJng reminded the speakers that they would be limited to 3-minute presentations and asked that the speakers identify themselves. 16 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Herb Suss, 1711 Wood Fern Drive, asked for an update on behalf of the Citizens' Action Committee on the money that the City was requesting from the County for the Park. City Manager Bressner stated that the City had submitted its application for $1.7M last week. Mr. Suss presented Certificates of Appreciation to the following: City Attorney Cherof - For being the "legal conscience of the City of Boynton Beach" Ms. Virginia Farace - For having a world-class library Sarah Lorenz, 2~i08 N.W. 21st Street, stated that she had received some letters stating that her case would be on the agenda and she was quite surprised to discover that it was not. She asked the Commissioners to look favorably on her request to open a tattoo parlor in a C-4 district. Kevin Sullivan, 756 Rider Road, wanted to discuss Martin L. King, .lr. Boulevard. He stated that this street was synonymous with crime, drugs and other negative conditions. He mentioned that in 1995, Mayor Pro Tem Bradley had designated Seacrest Boulevard to FEC/U.S. i as Martin L. King, Jr. Boulevard. A group of anonymous citizens requested to extend Martin L. King, .lr. Boulevard to 1-95 and then someone said, extend it the other way also, to the Intracoastal. Mayor Harmening was against it at the time but he was defeated 2-1. Brian Edwards, 629 N.E. 9t" Avenue, said that he should be in front of the Commissioners making a plea that the Commission would find the money for a consultant to expedite any initiative toward completing the zoning overlay for the CRA district, especially the corridors. He should be in front of the Commissioners representing his neighborhood families' efforts to quickly move on street calming and plead for the City's assistance in providing guidance and assistance from start to finish to make it happen before a small child is hurt. He should be standing before the Commissioners to congratulate them on their continued efforts to keep our great City moving forward with positive momentum because he felt this Commission was working hard to do just that. In the last three years each time he has stood before the Commission it had been to offer an idea on his behalf or the behalf of the community in which he lived. He had always tried to leave on a positive note, even after addressing a less than positive issue. However, he regretted that he had to use the time to ask the Commission to listen to the tape or read the minutes from the .lune 13, 2000 Planning & Development Board meeting if they had not already done so, especially as it applied to the Agenda Item 7C in its entirety. If the Commissioners heard and read the same information he witnessed, he could only say that it was even worse being there in person. Three of the Board members, in his opinion, were unprofessional and downright rude during his attempt to address them during Public Audience, for which he was sworn in, as were all the others that spoke. Mr. Edwards asked that the Commission explain to its subordinate, the Planning & Development Board Chairman, that the Board represented every citizen of this community and that a lack of professionalism and emotionally-driven personal comments should not be tolerated. Please understand, our community was and is interested in efforts the City takes to adopt ordinances that accommodate zoning of any businesses not otherwise noted in the Code. Tom Willi, 712 Shore Drive, said that he was speaking to the Commission as president of INCA, Inlet Cove Association, representing 250 property owners that pay a lot of taxes in the City of Boynton Beach. Mr. Willi stated that his remarks concerned a proposed zoning 17 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 ordinance concerning allowable and conditional uses not specifically listed in the City of Boynton Beach Code Book, that the Commissioners would be considering in the near future. He believed that the consideration of any zoning ordinance that would affect the City's main corridors, as well as any area within the CRA, would be premature and he was relieved to see that it was not on tonight's agenda. Boynton Beach does not have a clear plan for what type of business environments it wants to attract to its downtown area. Right now the abundance of non- conforming structures and businesses along our Federal Highway corridor should not be continued and ordinances that could cause additional nonconforming uses should not be considered. He asked that the City of Boynton Beach direct staff to process an ordinance calling for "Zoning in Progress" for the Federal Highway corridor. This would specify a period of time when applications for the area would not be accepted until the zoning codes, including allowable conditional and accessory uses, along with specific use restrictions, were rewritten and adopted. He implored the Commission to take action on this very important issue. The corridor had been overlooked for a long time in the redevelopment process and subsequent tax monies realized from the redevelopment could be used to provide tax relief to residential property owners within the City. James t4iriana, 728 N.E. 8th Avenue, spoke to the Commission on behalf of the Citizens' Action Committee to thank the Commissioners, the City Managers and the Public Works Department for their cooperation in the endeavor to get the citizens of the central and north areas free busing for one week to the Senior Citizens Center, from July 17 to July 21, 2000. They hoped it could be extended in the future. Additionally, they wanted to see the elimination of the waiting list for lunches at the center so more senior citizens could participate. Mae Volen provides the lunches and we spoke to them. They said the first 100 people who had signed up were given the lunches but they heard that many of those on the list were on vacation or not in the area. Less than 50% of the people on the list are participating in the lunch program. They were told that unless the people were away more than thirty days they could not be taken off the list. Motion Vice Mayor Weiland made a motion to take a lO-minute recess. Commissioner Fisher seconded the motion that carried 5-0. THE MEE'r~NG RECONVENED AT 9:15 P.M. Bob Brown, 701 South Seacrest Boulevard, donated some park benches and trash container holders for parks. Mr. Brown addressed his remarks to Mr. Kevin Sullivan's previous concern about the extension of the designation of Martin L. King, Jr. Boulevard to the Tntracoastal. Mr. Brown recalled making a suggestion to the Commission about 7 to $ years ago concerning designating some of the City's neighborhoods as historical neighborhoods and the renaming of streets as they were named in the original plats. Mr. Brown gave some examples of street names now and as originally platted. He pointed to the City of Delray, which recently reclassified some of its neighborhoods, renaming the numerical streets with their original historic designations. The result was that those homes increased considerably in value. Mr. Brown asked the Commission to consider doing the same in Boynton Beach. 18 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Sarah Williams, 1331 S.W. 27t" Avenue, spoke about the safety hazard of the trees planted by the City on Boynton Beach Boulevard near N.W. 3r~ Street. She believed that was the location of the recent fatal accident. She had spoken over a year ago to Mr. Brian Edwards about the community's concern about motorists having to look through the trees, around the trees and be surprised when the westbound traffic was suddenly upon them. The emergency traffic coming from the Fire and Police departments added even further to the peril, she said. Ms. Williams pled with the City, saying, "If you can only move two or three trees to save the life of a person, I think it would be worth it". She further stated that beautification was a great idea but not at the expense of safety, which should be the City's greatest concern. VII, PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Quantum Business Park (Utility Easement) Winston Lee ASLA, AICP/Winston Lee & Associates, Inc. Gateway Business Park L.C. North of the intersection of Gateway Boulevard and Quantum Boulevard Request for abandonment of an easement on 0.13 acres located on a portion of Lots #36, #37 and #38 in the Quantum Park PID The Mayor asked for comments or questions from the Commission. There were none. The Mayor asked for public comment and there was none. The public hearing was closed. Motion Commissioner Fisher made a motion to approve the request for abandonment of an easement on 0.13 acres located on a portion of Lots #36, #37, and #38 in the Quantum Park PTD. Vice Mayor Weiland seconded the motion that carried 5-0. Project: Agent: Owner: Location: Description: Altman (AKA) Bay Vista Chris Kerr, Kilday and Associates, Tnc. David E. Blankenhelm South Federal Highway northeast of the intersection with SE 23rd Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHR) and rezone from Community Commercial (C-3) to Multiple-Family Residential (R-3) for 2.33 acres The Mayor asked for comments from the Commission and there were none. The Mayor asked for comments or statements from the public. As there were none, the public hearing was closed. 19 MEETING MINUTES CITY COMMISSION MEEl-iNG BOYNTON BEACH, FLORIDA June 20, 2000 Motion Vice Mayor Weiland made a motion to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHR) and rezone from Community Commercial (C-3) to Multiple-Family Residential (R-3) for 2.33 acres. Commissioner Black seconded the motion that carried 5-0. VIII. FUTURE AGENDA TI'EMS: A. Review policy for cemetery late arrival fee Mayor Broening asked that consideration of the Cemetery Board's January request for direction on space requirements be included with this item. Status of Enforcement of Non-conforming Freestanding Signs with Update on Wall Sign Inventory Work (August 1, 2000) C. Workshop on Proposed Billboard Resolution - July 13, 2000 @ 6:30 p.m. D. Report on Bids for Ocean Avenue Promenade - July 5, 2000 Report on Implementation Options for Stormwater Fee Structure covering CBD Area tributary to Pond "B" (July 18, 2000) DEVELOPMENT PLANS: None X. NEW BUSINESS: None XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. O00-21 Re: Regarding the project at the Intersection of Federal Highway known as Villa Del Sol; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan by adopting the proper land use by changing the land use designation from Local Retail Commercial to Special High Density Residential Attorney Cherof read Proposed Ordinance O00-21 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 2O MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Commissioner Fisher expressed concern that a residential apartment complex was that close to the railroad station. His concern was that people would not want to buy there due to the vibration and noise from the passing trains. He was in favor of development but he questioned the wisdom of this investment. He felt that in a commercial use one could accept the inconvenience of the trains. Motion Commissioner Black made a motion to approve Proposed Ordinance O00-21 on second and final reading. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-2 in favor, Mayor Pro Tern Sherman and Commissioner Fisher dissenting. Proposed Ordinance No. O00-22 Re: Amending the text of the Future Land Use Element of the Comprehensive Plan in connection with the application by Grove Partners, Ltd. (for the project known as Villa Del Sol) within the Planning Area 1P to amend the land use classification Attorney Cherof read Proposed Ordinance O00-22 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Black made a motion to approve Proposed Ordinance 000-22 on second and final reading. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-2 in favor, Mayor Pro Tem Sherman and Commissioner Fisher dissenting. Proposed Ordinance No. O00-23 Re: Regarding the application of Grove Partners limited for the project known as Villa Del Sol, located at the intersection of Federal Highway (US I and Old Dixie Highway) amending Ordinance 91-70 by rezoning from C-3 Community Commercial to R-3 High Density Residential Attorney Cherof read Proposed Ordinance 000-23 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Mayor Pro Tem Sherman wished to explain his "nay" vote on Item XI(A).2. He was concerned that, according to the notes given to the Commissioners for review, the City had not received the response from the State as to the hurricane evacuation concerns. Mr. Rumpf replied that it had been received and that it had been a misunderstanding on the part of the DCA about the exact location of the evacuation zone. He stated that the issue had been entirely resolved. Vice Mayor Weiland stated that the Commission would be taking another look at the project when the site plan came up for approval at a later date.- 21 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Motion Commissioner Black made a motion to approve Proposed Ordinance O00-23 on second and final reading. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 3-2, Mayor Pro Tem Sherman and Commissioner Fisher dissenting. Proposed Ordinance No. O00-25 Re: Amend the Future Land Use Map from Medium Density Residential to Recreational for a 4- acre tract of land (Palmetto Green Park) Attorney Cherof read Proposed Ordinance 000-25 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING, Bob Brown, 701 S. Seacrest Boulevard, suggested that items XI.A.4, 6 and 7 should be tabled to allow for the creation of a land bank. Prior to changing the zoning from medium or Iow residential to recreational, the densities should be stripped and put into a land bank, allowing money to come back into the City in years to come. His thinking was that since the area east of 1-95 was designated a redevelopment area, the TDRs (Transfer of Development Rights) could be used anywhere in the redevelopment area. He asked that the Commissioners expand their minds and vision with a view to where the City would stand in 10 to 15 years if a renaissance occurred in Boynton Beach and the City did allow higher density. In the large redevelopment process the City was undertaking, it would be prudent, in his opinion, for the City to withhold these bankable units. Mr. Brown believed strongly that the Commission, Legal, and Planning should investigate and adopt this idea. Mr. Rumpf responded that the TDR program was not simple and would take time to establish. If these amendments were held they would have to be held in their entirety. The EAR based amendment project would have to be put on hold if any of the MAP amendments were delayed. Mr. Rumpf further replied that in the case of these lands, they had been voluntarily sold and the County already held those development rights. Attorney Cherof commented that it was a complex process and would require both land development regulations and amendments to the Comprehensive Plan, identifying not simply the concept of banking but where those bankable units could be spent in the future, impacting other zoning classifications at the same time. He believed the process would take at least six months to accomplish. Commissioner Fisher asked if there were other lands available further down the road to which this thinking could be applied? Mr. Rumpf asked what would be the purpose? He stated that the original intent of the TDR program was for historical preservation, environmental preservation, or some land that you did not want developed. He did not believe that there would be very many pieces of land which were not already identified for preservation or on which the City would be able to obtain development rights. 22 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 Motion Commissioner Black made a motion to approve Proposed Ordinance O00-25 on second and final reading. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. Proposed Ordinance No. 000-26 Re: Amending the Future Land Use Map from Office Commercial to Low Density Residential for a 30-acre tract of land (Isles at Hunters Run) Attorney Cherof read Proposed Ordinance No. O00-26 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Fisher made a motion to approve Proposed Ordinance 000-26 on second and final reading. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. Proposed Ordinance No. O00-27 Re: Amending the Future Land Use Map from Low Density Residential and Medium Density Residential to Recreational as required by the Interlocal Agreement with Palm Beach County for a 53.69-acre tract of land (Seacrest Scrub) Attorney Cherof read Proposed Ordinance No. O00-27 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Vice Mayor Weiland made a motion to approve Proposed Ordinance on second and final reading. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. Proposed Ordinance No. O00-28 Re: Amending the Future Land Use Map from Moderate Density Residential to Recreational for a 13.59-acre tract (Rosemary Scrub) Attorney Cherof read Proposed Ordinance No. 000-28 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 23 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH/FLORIDA June 20, 2000 Motion Vice Mayor Weiland made a motion to approve Proposed Ordinance No. O00-28 on second and final reading. City Clerk Sue Kruse polled the vote. The motion carried 5-0. Proposed Ordinance No. 000-29 Re: Adopting the Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan to update the goals, objectives and policies, and Future Land Use Map Attorney Cherof read Proposed Ordinance No. 000-29 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Mayor Pro Tem Sherman asked if this tied in with the Villa Del Sol project and the State response on the hurricane evacuation discussed earlier? Mr. Rumpf said yes, since the same objections, recommendations and comments report served two different projects that were packaged together. All the comments or objections of the DCA were addressed. It only related to the one project and is not really related to this ERA-based amendment to the Comprehensive Plan. Mayor Pro Tem Sherman commented that the map itself pointed out the site and that was why he asked. He said they did connect. Mr. Rumpf said they had to go back to the original data because there was a boundary issue of the evacuation zone and coastal area. They had to use the map to clear up that case. Motion Vice Mayor Weiland made a motion to approve Proposed Ordinance 000-29 on second and final reading. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. Proposed Ordinance No. O00-30 Re: Amending the Land Development Regulations Chapter 2, Zoning, to establish a new section for overlay zoning districts, the Martin Luther King Boulevard Overlay District and corresponding setbacks Attorney Cherof read Proposed Ordinance No. 000-30 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 24 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ]une 20, 2000 Motion Vice Mayor Weiland made a motion to approve Proposed Ordinance O00-30 on second and final reading. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. 10. Proposed Ordinance No. O00-31 Re: Creating a new chapter of the City Code, regulating franchise agreements on public lands (City's right-of-way) to provide cable television or open video system services Attorney Cherof read Proposed Ordinance No. O00-31 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. NO ONE WAS PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Black made a motion to approve Proposed Ordinance No. O00-31 on second and final reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. 11. Proposed Ordinance No. O00-32 Re: Creating a new chapter of the City Code pertaining to the franchising and licensing of telecommunications providers Attorney Cherof read Proposed Ordinance No. O00-32 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Commissioner Black made a motion to approve Proposed Ordinance No. 000-32 on second and final reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The motion carried 5-0. B. Ordinances- 1~t Reading Proposed Ordinance No. 000-24 Re'. Amending Land Development Regulations, Article II, Chapter 21, Section 3. to allow billboards in public use districts on property owned by the City and adjacent to 1-95 as a conditional use (T.4BZ£D ON 4/4/00 - WIZ/. R~MA~N ON TH~ TABZ~ UN12rz AFTER TH£ ~IORKSHOP M~b"r~NG ON ffU~ Y ~3~) 25 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Motion June 20, 2000 Proposed Ordinance No. 000-33 Re: Amending Chapter 18, Article III, Pensions for Police Officers; creating a new Section 18-176 - Deferred Retirement Option Plan Attorney Cherof read Proposed Ordinance No. O00-33 by title only. Commissioner Black made a motion to approve Proposed reading. Vice Mayor Weiland seconded the motion. motion carried 5-0. C. Resolutions: Ordinance No. O00-33 on first City Clerk Sue Kruse polled the vote. The Proposed Resolution No. R00-88 Re: Appointing a voting delegate to represent the City of Boynton Beach at the Florida League of Cities, Tnc., 74m Annual Conference to be held August 10-12, 2000 Attorney Cherof read Proposed Resolution No. R00-88 by title only. Motion Vice Mayor Weiland made a motion to approve Proposed Resolution No. R00-88, and nominated Commissioner Bruce Black as voting delegate to represent the City of Boynton Beach at the Florida League of Cities, Tnc., 74th Annual Conference to be held August 10-12, 2000. Mayor Broening seconded the nomination and the motion. The motion carried 5-0. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Code Compliance Case #99-2481 (115 NW 3rd Avenue) to the administrative costs of $634.18. The total fine before reduction was $2,950 plus the aforementioned administrative costs. Motion Mayor Pro Tem Sherman made a motion to reduce the fine in Code Compliance Case #99-2481 to administrative costs of $634,18. Commissioner Black seconded the motion. The motion carried 5-0. XTT, UNFINTSHED BUSINESS: None. XIII. OTHER: None. 26 MEETING MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA XIV. AD.IOURNMENT: There being no further business adjourned at 9:55 p.m. Attest: Cil~ Clerk Recording Secretary (4 tapes) to come June 20, 2000 before the Commission, the meeting properly CITY OF BOYNTON BEACH ~ssioner Commissioner 27 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Altman Bay Vista (NWSP) APPLICANT'S AGENT: Chris Kerr, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 2201 Corporate Blvd. NW #200, Boca Raton, Florida 33421 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2000 TYPE OF RELIEF SOUGHT: Request for new site plan approval to construct a 286-unit multi- Family development on 14.33 acres. LOCATION OF PROPERTY: South Federal Highway northeast of the intersection with SE 23rd Ave. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X . GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the CitY Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:\SHRDATA'J31anning\SHARED\WP~PROJECTS~Altman BAY VISTA NWSP\CC 6-20-00 Develop Order. doc EXHIBIT "C" Conditions o£ Approval Project name: Altman Bay Vista File number: NWSP 00-005 Reference: 3rd Review, New Site Plan. File # NWSP 00-005 with a May 30, 2000 Planning and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: 1. Provide several cross sections along the north boundary line depicting the X f'mished grades between the proposed development and twenty-five (25) feet into the abutting properties. 2. At time of permit review, provide a satisfactory abandonment of those X easements shown on the boundary survey necessary to construct the proposed improvements. 3. If the handicapped accessible path is lower than the abutting sidewalk, show X the sidewalk at the same grade with a ramp up on both sides. BUILDING DIVISION Comments: 4. Identify the floor elevation that the design professional has established for X the building within the footprint of the clubhouse and guardhouse. 5. At time of permit review, provide a copy of the recorded City of Boynton X Beach easement release form that would authorize the guardhouse, pool pavilion, pergola, pool fence, retaining wall. Boardwalk and ramp to be Project name: Altman Bay Vista (NWSP) File number: NWSP 00-005 Page 2 DEPARTMENTS INCLUDE REJECT constructed within the easement OR remove all structures from the drainage easement. 6. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the 20 feet wide ingress & egress easement, 40 feet and 10 feet wide drainage easements, 10 feet wide road reservation and 10 feet wide water, gas and electric easement that are shown on the plan to be abandoned. 7. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the deed with legal descriptions of each property that is being unified shall be submitted when processing the form. The property owner that is identified on each deed shall match the property owner that is identified on the form. 8. At time of permit review, show on the site plan the actual distance that each X building/structure is set back from the adjacent property lines. Please note that overhangs, covered walkways, canopies, awning or other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awnings, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations specified in the Zoning Code. 9. At time of permit review, submit for review an addressing plan for the X project. 10. At time of permit review, provide detailed drawings and documentation on X the plans that will verify that the accessible routes that are shown on the site plan are consistent with the regulations of the Fair Housing Act as set forth in 760.23 (10) of the Florida Statutes. The documentation shall include, but not limited to, identifying the type of material proposed for the route, type of surface finish, width, cross slope slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. 11. Clarify the square foot floor area of each type of unit. The floor areas that X are identified on the chart found on the site plan do not match the floor areas that are identified on the floor plan drawings. 12. At time of permit review, submit an application for demolishing the existing X structures. 13. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water ad sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at the timed of permit review. Project name: Altman Bay Vista (NWSP) File number: NWSP 00-005 Page 3 DEPARTMENTS INCLUDE REJECT 14. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: 15. In order to receive the Natural Resource Credit as detailed in Chapter 1, X Article V, Section 3. A. 2. (1), the following factors need to be addressed in mangrove/wetland area: a. public access b. management and maintenance plan c. proposed restoration methods d. the proportionate size of the habitat to the entire development e. the existence of protected species within the habitat 16. List on the site plan the site elements for which recreation credit will be X provided per the local park basic requirements listed in Chapter 1, Article V, Sec. 3., (6) (e). 17. Since the property is not required to be platted, the recreation dedication fee X will be due prior to the building permit being issued. FORESTER/ENVIRONMENTALIST Comments: 18. The applicant must obtain permits from the Department of Environmental X Protection (DEP) in reference to the existing mangrove trees on the individual land parcels combined into the one site plan. The set back requirements for the mangroves may be a greater distance for the City of Boynton Beach Comprehensive Plan, than the DEP setback requirements. PLANNING AND ZONING Comments: 19. The environmental assessment which was submitted should also include a X detailed preservation plan for the mangrove area. Project name: Allman Bay Vista (NWSP) File number: NWSP 00-005 Page 4 DEPARTMENTS INCLUDE REJECT 20. Delineate the Comprehensive Plan "conservation overlay" boundary on the X site plan and landscape plan. 21. A code variance is required pursuant to Ch. 2. H. e (1), (4) and (12) to allow X a reduction in parking required for the recreational amenities. 22. A code variance is required pursuant to Ch. 2, Sec. 5. G. 2. a. to allow a X reduction in the required front yard setback for the shade pavilions. 23. A code variance is required pursuant to Ch. 2, Sec. 4, J. 1., to allow an eight X foot maximum height for the proposed entrance wall feature. 24. Specify colors for the banding details shown on the elevation drawings for X the parking garage fronting Federal Highway. 25. Permits from Army Corp. of Engineers (CE) and SFWMD will be required X regarding construction in and around the jurisdictional Mangrove area including the proposed boardwalk along the ICWW. Place a note on the site plan indicating that the boardwalk will be provided only if permitted. Mangroves shall be preserved to the maximum extent possible. 26. Proposed entrance signs are shown on the site plan. Provide a sign typical X detail which dimensions height and area and indicates proposed colors and materials. 28. Approval from Palm Beach County Traffic Division is required prior to X Planning and Zoning sign-off on the rectified plans. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 29. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 30. Tr~ he dete~nc~. ,.~N~' ~ MWR/dim J:~SHRDATA~PLANNING~SHARED\WP\PROJECTS~LTMAN BAY VISTA NWSP\CC 6-20-00 COMMENTS.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BORGATA (MELEAR PUD 3A AND 3C) APPLICANT'S AGENT: Julian Bryan/Julian Bryan & Associates APPLICANT'S ADDRESS: 8330 Woodfield Crossing Blvd. Suite #200 Indianapolis In. 46240 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2000 TYPE OF RELIEF SOUGHT: Request for new site plan approval for common area landscaping and recreation facility. LOCATION OF PROPERTY: Southwest corner of Minor Road and Sandalwood Drive. DRAWING(S): SEE EXHIBIT "B" A'I-I-ACHED HERETO. X 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 and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. EXHIBIT "C" Conditions of Approval Project name: BORGATA (MELEAR P.U.D. 3A AND 3C File number: NWSP 99-019 Reference: 2nd Review, New Site Plan. File # NWSP 99-019 with a May 23rd~ 2000 Planning and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments 1. No point of a structure shall be more than 200 feet from a fire hydrant. X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Revise Section A-A and the plan view to show a 27 foot back-up dimension X in the parking lot. 3. Delete the "Tow Away" portion of the $250.00 fine plate. X 4. Show the handicap (H/C) pavement symbol as being white in color not blue. X Also, specify white paint for the cross-hatching within the handicap (H/C) aisle. 5. Show the H/C post sign in front of the H/C stall on the plan view. X 6. Since "D" curb is being used as a continuous wheel stop you may make the X parking stall 16 feet long with the two foot overhang into the grass area. 7. Show the locations of the parking lot lighting on the engineering plans. X 8. Sidewalk and Parking lot detail are mis-labeled. Label sidewalk section X detail "B-B" as shown on the plans. Label Section A-A "pavement detail". Project name: Borgata (Melear P.U.D. 3A and 3C) File number: NWSP-99-019 Page 2 of 4 DEPARTMENTS 9. The type "D" curb shall have a minimum height of 18 inches not 12 inches. BUILDING DIVISION Comments: 10. Clarify the name of the project by identifying within title block Melear PUD Phase 3A and 3C. 11. Verify that the sun deck and clubhouse comply with the required setbacks by identifying the setback dimension from the property line to the edge of the sun deck and the leading edge of the clubhouse building. Please note that the dimensions of the overhang, covered walkways, canopies or awning shall be included when identifying building setbacks. 12. At time of permit, submit signed and sealed working drawings of the proposed construction. 13. Identify the finish floor elevation that the design professional has established for the building within the footprint of the floor plan of the building. 14. At time of 2nd review, submit a current survey or plat drawings of the subject project. 15. Add to the site plan of the recreation area all easements that are shown on the survey/plat. The location, type and size of the easement(s) shall be shown and identified on the site plan. The easements shall match the easements that are shown on the survey or plat. Where applicable, amend the plans so that structures do not encroach into an easement. 16. Add to the site data the number of stories that are in the recreation building. 17. To properly determine the impact fees that will be assessed for the project, provide the following information: Submit a notarized affidavit on the letterhead of the owner, company or association. The letter must list and contain an answer to the following questions. a. Will the Clubhouse/Recreation building be restricted to the residents of the entire Melear P.U.D. only? b. Will the residents have to cross any major roads or thoroughfare to get to the Clubhouse/Recreation building? INCLUDE REJECT X X X X X X X X X Project name: Borgata (Melear P.U.D. 3A and 3C) File number: NWSP -99-019 Page 3 of 4 DEPARTMENTS INCLUDE REJECT 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? Once this information is complete, the City will submit it to the Palm Beach County Impact Fee Office for impact fee determination. 18. To verify compliance with the maximum floor area ratio allowed for the X project, submit for review a sample of the "Cumulative Total Square Footage" document that is required per note 10 of the master plan. This document shall be submitted with each permit for a house or townhouse. The document shall maintain a running total of the square footages for all detached single-family units and all townhouse units that are located in all three phases of the project: The total of the floor area ratio square footage of the units shall not exceed the total floor area ratio square footage that is allowed for the project's 4.0 Land Use Intensity. Show on the document the floor area ratio computations for the project. 19. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees, and State fees will be determined at time of permit review. 20. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 21. Submit a copy of the recorded plat with rectified plans. X 22. Provide a site lighting fixture detail. X Project name: Borgata (Melear P.U.D. 3A and 3C) File number: NWSP-99-019 Page 4 of 4 DEPARTMENTS INCLUDE REJECT 23. Proposed colors to be included on the elevation drawings for the Clubhouse. X Use color name and product identification number. 24. Provide a colored elevation drawing for the P & D board meeting. X 25. Identify safe site triangles at driveway entrance to parking area on site plan X and landscape plan. 26. Revise landscape notes on sheet (L - 11) to replace Cypress mulch with X other type of mulch. 27. Parking for the recreation building and pool must meet the requirements of X Chapter 2, Section 11 H. e(1) and e(12). The plans specify the use of this recreation area for phases 3A and 3C. Parking calculations should be based on these areas. Provide the total number of parking spaces required by code or request and obtain a variance for the necessary relief. 28. Installation of the common area landscaping for this project must have a X phasing plan which will be determined at time of building permit request. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 29. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 30. T-o.-be_deI~,r~re~/l/~' L~ MWR/blw J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Melear PUD\NWSP 99-019 10-99\CC 6-20-00 Conditions of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Business Park (Utility Easements) IPLICANT'S AGENT: Winston Lee ASIA, AICPNVinston Lee & Associates, Inc. PPLICANT'S ADDRESS: 2100 Park Central North, Suite 800 Pompano Beach, Florida 33065 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20th 2000 TYPE OF RELIEF SOUGHT: Request for abandonment easement of 0.13 acres in Quantum Park DRI LOCATION OF PROPERTY: North of the intersection of Gateway Boulevard and Quantum Boulevard 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 and 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further develOpment on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\QUANTUM 2000~LOTS 32 - 38~,BAN~Develop Order CC 6~20-00.doc · EXHIBIT "C" Conditions of Approval Project name: Quantum Business Center File number: ABAN 00-001 Reference: Application to Abandonment with a n April 20, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGiNEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS MWR/dim J:~SHRDATAXPLANNING\SHARED\~OJECTS\QUANTUM 2000bLOTS 32 - 3$~kBA/~COND. OF APPROVAL CC 6-20-00.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Altman Bay Vista (Land Use Amendment) APPLICANT'S AGENT: Chris Kerr, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 2201 Corporate Blvd. NW#200 Boca Raton, Florida 33421 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 200 TYPE OF RELIEF SOUGHT: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LCR) to Special High Density Residential (SHR) and rezone from Community Commercial (C-3) to Multi-Family Residential (R-3) for 2.33 acres LOCATION OF PROPERTY: South Federal Highway northeast of the intersection with SE 23rd Ave. 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 and 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested.' 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~ City Clerk J:~SHRDATA\Planning~SHARED\WP'~PROJECTS~LTMAN PROPERTIES -LUAR\CC 6-20-00 Develop Order LUAR.doc EXHIBIT "C" Conditions of Approval Project name: Altman Bay Vista (LUAR) File number: LUAR 00-002 Reference: Land Use Amendment and/or Rezoning Application with an April 16, 2000 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS ~/[~/r~diI13- J:~SHRDATA~PLANNING~SHARED~WP~PROJECTS~LTMAN PROPERTIES-LUAR\COND. OF APPROVAL.DOC ~ ~ ~ 4~ © ~-~ 0 6 k M > 0 0 <~ ~ ~ 0 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE PUBLIC AUDIENCE Fill in the information called for below and give Commission Meeting. Name Address City Clerk,prior to the start of the City Telephone # Summary of be _ / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, he/she will need a record of the proceedings ands for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) a disability an equal The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with 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. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address _~~ Telephone~ ~~-~ ~_Summa. of Matter to be AdVised 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The~ City shah 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, (551) 742-5013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cl~prior to the start of the City Commission Meeting. /j Name Address Telephone, Summary of Matter to be Addr~sed/ 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 256.0105) 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. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ,~'~,o,.~-. ~-c{. ~L.~ ~ Address ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Telephone ~ ~ -~ 7 ~~~ / Summary of Matter to be A~ressed ~ ~c~er / 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah 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. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City. Clerk prior to the start of the City Commission Meeting. Name ~~y ~//~ d / Address Telephone # Summary of Matter to be A~r~sed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) a disability an The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with 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. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and tive to the City Cler~or to the start of the City Commission Meetin~ Name Telephone # Summary of Matter to be Addressed 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) ~ The City shah 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 Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. __ Name ~'~ Telephone., ~~>:/' Summa~. of Mat~er to be Addr~sed If a person decides to appeal any decision made by~ City Commi~ion with respect to any matter considered at this meeting, he/she will need a record of the proceeders and~ for such purpose, he/she may need to ensure that a verbatim record of the proceeders made, which record ~cludes the testimony and e~dence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropr~te a~ia~ aids and se~ices where necessa~ to afford an indi~dual with a disability an equal 'opportunity to participate in and'enjoy the benefits of a se~ice, program, or activi~ conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or acti~ty ~ order for the city to reasonably accommodate yo~ request. .. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address TelephOnesummary # ~'~-~ /'~f ~'-~ - ~~~/'~ of Matter to be Address~ 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 proceedin§s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah 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. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Address Telephone, ~ ;~~/ ~ ~~[~g~a~~~~~~O~~ If a pe~on decides to appeal any decision made b~e Ci~ Commission with respec~ ~o any ma~er considered a~ ~his meeting, he]she wffi need a record of ~he proceedings and, for such purpoze, he]she may need ~o ensue ~ha~ a verbatim record of ~he proceedings ~ade, which record includes ~he tes~imonF and e~dence upon which ~he appeal is ~o be based. {F.S. 286.0~05} The City ~haH f~ni~h appropriate a~Hia~ aids and se~ces where necessa~ to afford an indi~dual wi~h a disability an equ~ oppo~uni~y ~o pa~icipa~e in and enjoy ~e benefits of a se~ce, program, or ac~ivi~ conducted by ~he City. Please con~act Joyce Cos~ello, {5~} 742-60~3 at least ~wentF-four hours prior ~o ~he program or activi~ in order for the city ~o reasonably accommodate yo~ request.