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Minutes 01-18-00 MINUTES OF THE REGULAR CITY COMMTSSION MEETTNG HELD IN COMMISSTON CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, 3ANUARY 18, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Ron Weiland, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, Tnterim City Manager James Cherof, City Attorney Sue Kruse, City Clerk Mayor Broening called the meeting to order at 6:35 p.m. Tillman led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that Item X-2 be tabled background of this request. 2. Adoption Commissioner Denahan moved to approve the agenda seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: OPENINGS: A. Call to Order - Mayor Jerry Broening B. Tnvocation - Former Mayor Jerry Taylor C. Pledge of Allegiance to the Flag led by Vice Mayor Henderson Tillman Following the invocation, Vice Mayor Appointment To Be Made Board to allow time for legal review of the as amended. Vice Mayor Tillman Length of Term Expiration Date IV Tillman Mayor Broening III Sherman Mayor Broening II Denahan III Sherman Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt 1 yr term to 4/00 Stu/NonVoting 1 yr term to 4/00 Reg 2 yr term to 4/01 Tabled (2) Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt Code Compliance Board 1 yr term to 4/00 1 yr term to 4/00 Alt 3 yr term to 9/00 MEETI'NG MI'NUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORTDA .January 18, 2000 :lIT Sherman Mayor Broening TV Tillman T Weiland Mayor Broening III Sherman Mayor Board on Children & Youth. Mayor Broening appointed Development Board. Community Relations Board Community Relations Board Community Relations Board Reg Alt Alt 3 yr term to 4/01 Tabled (2) 1 yr term to 4/00 1 yr term to 4/00 Golf Course Advisory Committee City Alt 5 yr term to 6/01 Planning & Development Board Alt 1 yr term to 4/00 Tabled (2) Recreation & Parks Board Alt i yr term to 4/00 Broening reappointed Steven Kuehn as a student/non-voting member of the Advisory Robert Ensler as an alternate member of the Planning & Mayor Pro Tem Sherman reappointed Dorothy Davis as a regular member of the Advisory Board on Children & Youth. Commissioner Weiland appointed Corrado Gianqre¢o as a City Alternate member of the Golf Course Advisory Committee. Motion Vice Mayor Tillman moved to approve the appointments and table all remaining appointments. Commissioner Denahan seconded the motion that carried unanimously. III. ANNOUNCEMENTS IA PRESENTATIONS: A. Announcements: 1. TNT Concert - ,lanuary 21, 2000 from 6:00 p.m. to 9:00 p.m. - Oceanfront Park - "Clockwork" (Top 40s) Meg Hooper, Special Events Manager, made this announcement. 2. "Breakfast in Boynton & Green Market" - Saturday, .lanuary 22, 2000 from $:00 a.m. to 11:30 a.m. - Library Lawn Meg Hooper made this announcement and reminded everyone about the "Secret of the Sailfish" Contest. 3. Fluoridation Public Hearing - Wednesday, January 26, 2000 @ 6:00 p.m. in Commission Chambers Mayor Broening made this announcement and reiterated that the ground rules for the public hearing were available in the Lobby. He urged interested parties to review them. 2 MEETZNG MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA 3anuary 18, 2000 B. Presentations: 1. Proclamations: a. "Four Chaplains Celebration"- Sunday, February 6, 2000 Mayor Broening read a Proclamation declaring Sunday, February 6th as "Four Chaplains Celebration". TV. CONSENT AGENDA: Commissioner Denahan requested that Item IV-G be removed from the Consent Agenda for discussion of recommendations. A. Minutes: Agenda Preview Conference of December 30, 1999 Regular City Commission of January 4, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the bid for "ANNUAL REQUIREMENTS FOR BULK FERTILIZER"to Howard Fertilizer, Inc. with an annual expenditure of $63,300 Approve the purchase of a GROUNDSMASTER TRACTOR/MOWER 325-D WITH OPTIONS utilizing a GSA Contract with an award to Hector Turf, Inc., in the amount of $16,920.82 Approve the piggyback of Palm Beach County Bid #2000071 to Ranger Construction Industries, Inc. for the resurfacing of certain City streets with an estimated expenditure of $163,044 C. Resolutions: Proposed Resolution No. R00-06 Re: Authorizing the execution of a 36-month contract with East Coast Golf Ball company for the purpose of retrieving golf balls from the lakes at The Links at Boynton Beach Proposed Resolution No. R00-07 Re: Appointing the Palm Beach County Supervisor of Elections to handle and canvas all City absentee ballots for the March 14, 2000 General Election, represent the Municipal Canvassing Board at all Logic and Accuracy tests, and certify election results MEETING MZNUTES REGULAR CZTY COMMZSSION BOYNTON BEACH, FLOI~DA 3anuary 18, 2000 Proposed Resolution No. R00-08 Re: Confirming the appointment of Peter Wallace as Director of Information Technology Services D. Ratification of Planning & Development Board Action: 1. INTENTIONALLY REFERRED BLANK Em Approve payment of invoices for annual software technical support and maintenance from H.T.E., Inc. of Lake Mary, Florida, in the amount of $87,748 for the period of .lanuary 1, 2000 through December 31, 2000 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted and allow the selling of same Approve payment to Lawnscape Company Inc., a State Department of Transportation contractor, in the estimated amount of $45,000 to provide the installation of an irrigation system for the Boynton Beach Boulevard landscaped medians from Old Boynton Road to Congress Avenue and approve payment to Gardner Irrigation Design for the estimated amount of $3,000 to provide the irrigation system design for the Boynton Beach Boulevard medians At Commissioner Denahan's request, Item IV-G was removed from the Consent Agenda for discussion and recommendations. Motion Vice Mayor Tillman moved to approve the Consent Agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. CONSENT AGENDA ITEM FOR DISCUSSTON: IV-G. Approve payment to Lawnscape Company Inc., a State Department of Transportation contractor, in the estimated amount of $45,000 to provide the installation of an irrigation system for the Boynton Beach Boulevard landscaped medians from Old Boynton Road to Congress Avenue and approve payment to Gardner Irrigation Design for the estimated amount of $3,000 to provide the irrigation system design for the Boynton Beach Boulevard medians Commissioner Denahan explained that the City Attorney recommended that since there was no contract attached to the backup for this item, approval should be conditioned upon the appropriate contract. Further, this Landscape Company proposal does not comply with our Administrative Policy. Therefore, the Commission should waive that Administrative Policy in accepting this request to pay Gardner. MEETZNG MINUTES REGULAR CITY COMMISSTON BOYNTON BEACH~ FLORZDA 3anuary~8,2000 Motion Commissioner Denahan moved to approve subject to the two comments stated previously. Vice Mayor Tillman seconded the motion that carried unanimously. V. CI'TY MANAGER'S REPORT: Mr. Hawkins announced that the Leathers Playground (Kids Kingdom) recently opened after a long delay. The reconstruction was done very well and the official grand opening will occur in the future. With respect to the Cemetery fee issue, staff has heard the concerns and with the Commission's authorization, Mr. Hawkins will ask staff to work with the Cemetery Board to come up with more specific criteria on how the fee would be imposed. They would also investigate a possible appeals procedure. Consensus There was a consensus of the Commission for staff to work with the Cemetery Board on further consideration of the Cemetery fee. VT. PUBLTC AUDI'ENCE: Frank Combariati, 280 NE 1't Avenue, expressed concern about the recent purchase of laptop computers at a cost of $2,600 each and Code violations. He questioned why the City does not have to pull permits to do work. Mr. Combariati asked if the City would collect $10,000 per day if the bridge construction were not completed on time. A number of people spoke in opposition of the recently passed Resolution that imposes a $200 fine for late arriving funerals at Boynton Beach Memorial Park. The concerns expressed related to: who would incur this expense (funeral home or family); · contracts that state the exact cost of the funeral service at the time the funeral is arranged; · efforts to control a minister; · collection of this fee from the families after the service; · curtailing a family's grief; · emotional and financial burdens; · violation of Florida Statutes Chapter 497.241 and 497.313 The following is a list of people who spoke at Public Audience and expressed the above concerns: MEET/NG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORIDA 3anuary 18, 2000 Mack McCray 806 NW 4th Street - Licensed Funeral Director & Embalmer Alfred Straghn 26 SW 5m Avenue, Delray Beach Owner, Straghn & Son Tri-City Funeral Home Leonard 1790 NE 2nd Lane Weatherspoon Steven Banks 20 Southern Cross Circle SC[ Service Corporation Tnternational Terrence 161 NE 19th Avenue Perriera Martha Meeks 225 NW 6~h Avenue Sylvester 211 Ross Drive, Delray Beach Wright Sarah Williams 1331 SW 27th Avenue Maurice 26 SW 5th Avenue Cartwright Division of Funeral Directors for straghn and Son Cedric Kin~l 1022 NW 6th Avenue Everyone who spoke on this issue urged the Commission reconsider the issue of the Cemetery fee for late arrivals. Herb Suss commended all City departments, employees and volunteers on the good job they are doing. He said this is a world-class City with world-class employees. Jerry Taylor, 1086 SW 26th Avenue, discussed the issue of the Old High School restoration. Mr. Taylor said his purpose was to determine whether the City had an interest in a cooperative effort to move the restoration from a conceptual idea to reality. The minimal cost of this project is approximately $3 million to $5 million. Mr. Taylor said he has been working with Robert Katz and he has the financial ability to pursue the project. He has demonstrated his commitment to the community through other projects he is undertaking. He has divested himself of his financial interests in California and has investment capital available. Mr. Taylor advised that the proposal would include purchasing the building from the City with a contract that stipulates the City would have the ability to buy it back. Mr. Katz proposes to make this a strategic business accelerator center. The building would be restored and built out into offices. Ongoing businesses such as architects and engineers would be focussed. A secretarial pool, office equipment, and meeting rooms would be provided so that small businesses could get off the ground at a lower cost. Mr. Taylor feels confident that the Chamber of Commerce could be brought into the mix to merge them with City businesses. There has been a desire to keep this area a cultural center. The ground floor of the school could be used as an art gallery. Mr. Katz would also look at the Civic Center and possibly incorporate it into the building. Mr. Katz would be open to incorporating anything the City 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 3anuary :~8, 2000 would desire in that facility. The building could be expanded out toward Seacrest Boulevard and some of the City departments could be moved to that facility. The entrance to City Hall could be off the Promenade. This proposal would add to the tax base and provide the "glue" to some of the visioning efforts. the City is interested in further investigating this proposal, he recommended the following: Appoint a point person who could meet with Mr. Taylor to see what the City would like in the proposal. Mr. Taylor said he would like to do this on Friday (3anuary 21st); and Authorize staff to allow Messrs. Taylor and Katz to tour the inside of the building on Friday (3anuary 21~t). In response to Mayor Broening, Attorney Cherof advised that this issue could be addressed later in the meeting through an agenda amendment. Cliff Montrose, 10S SW 18th Street, has been a resident of Boynton Beach for approximately five years and has been following the politics in the City. He expressed concern about the delay in building Intracoastal Park on Federal Highway and Gateway Boulevard. Mr. Montrose said the residents voted on this issue. He urged the residents to telephone the Commissioners to let them know how they feel about this issue. Brian Edwards, 629 NE 9th Avenue, said the Cemetery fee issue affects everyone regardless of color. Mr. Edwards does not believe the services are so out of control as to require this fee. He also does not believe this fee would end long funeral services. He urged reconsideration of this issue. Mr. Edwards said TNCA looks forward to follow up with respect to the Ordinance regarding conditional use for adult entertainment. Mike Friedland was surprised by a recent newspaper article about Quantum Park regarding a $100 million project. Mr. Friedland urged the residents to get behind the City in these efforts. V]:T. PUBLTC HEAR/NG: Project Name: KENMONT (TABL£O TO .IANUAR Y ~8TM) Agent: Diane Hileman, Esquire Owner: IVlr. Oris W. Walker Location: 707 NW 3rd Street Description: Request for abandonment of that alley segment that abuts 707 NW 3rd Street Motion Commissioner Denahan moved to remove the Kenmont project from the table. Vice Mayor ~illman seconded the motion that carried unanimously. MEETZNG MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORZDA .lanuary 18, 2000 IVlr. Rumpf, Planning & Zoning Director, advised that this is a simple abandonment request. However, there is an active utility line behind the property utilizing the alley and it must be maintained. Staff usually supports abandonments, but in this case, it should remain accessible. Even though the applicant indicated that he would not block access, staff recommends denial of the request. Oris Walker, 707 NW 3rd Street, said he spoke with Attorney Martincavage when he had problems with people parking trucks in the alley. He has since learned that there is a sewage line in the alley and Utilities is against the abandonment. Mr. Walker requested that this item be removed and he will work out his concerns with Code Compliance. Attorney Cherof requested that the record reflect that there was a withdrawal of the agenda item and application for abandonment. Project: Agent: Location: Description: Lowe's Home Center Robert E. Basehart, Basehart Consulting, Inc. Southwest corner of 1-95 and Woolbright Road Request conditional use approval for the construction of a 135,197 square foot home improvement store with a 48,472 square foot garden center on 15.27 acres Attorney Cherof administered the oath to all that would testify during this quasi-judicial proceeding. Bob Basehart, representing the project, introduced Mike Reynolds from Lowe's, Rick Creche and Rich Wilson from Creche Engineering. Mr. Basehart reminded the Commissioners that there previously was a public hearing on this item and the Commission approved the final adoption of the Comprehensive Plan amendment and rezoning. The applicant appreciates staff's recommendation for approval and agrees with all of the conditions of approval imposed by staff and the Planning & Development Board. The Planning & Development Board unanimously recommended approval of the request. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Vice Mayor Tillman moved approval of Agenda Item B on Public Hearing, Lowe's Home Center. Commissioner Denahan seconded the motion subject to staff comments with the exception of Comment #:L0 which was revised to allow building signage tabulation to be limited to the area immediately around the sign letters and added requirement that revised site signage be approved by the Planning & Development Board. Vice Mayor Tillman agreed with Commissioner Denahan's remarks and the motion carried unanimously. 8 MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLOR/DA 3anuary 18, 2000 Project Name: Wal-Mart POSTPONEMENT REQUESTED BY APPLICANT Agent: 3. RObert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Tnc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of two (2) segments of special purpose easement rights-of way totaling approximately 0.5 acres Project Name: Wal-Mart POSTPONEMENT REQUESTED BY APPLICANT Agent: 3. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Thc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of three (3) segments of street rights-of way totaling 0.13 acres VIII. BIDS: None ~X. DEVELOPMENT PLANS: None X. NEW BUSINESS: Approve Special Event Permit for American Lung Association 8th Annual Duathalon event on March 26, 2000, subject to tent inspections by City officials IVlr. Hawkins advised that staff recommends approval of this request based upon all staff comments. Motion Commissioner Denahan moved to approve Special Event Permit for American Lung Association 8t~ Annual Duathalon event on March 26th. Vice Mayor Tillman seconded the motion that carried unanimously. Request for funding from Boynton Beach Faith Based Community Development Corporation At Attorney Cherof's request, this item was tabled until the February 1, 2000 City Commission meeting. 9 MEETZNG MINUTES REGULAR CITY COMMTSSZON BOYNTON BEACH, FLOP~DA 3anuary 18, 2000 XZ. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O00-01 Re: Adopting amendments to the Comprehensive Plan based on new changes in the Growth Management Law, Chapter 163, Florida Statutes, to revise and update the existing objectives, policies, data and analysis of the Intergovernmental Coordination Element and the Future Land Use Element Attorney Cherof read Proposed Ordinance No. O00-01 by title only. A-I-FORNEY CHEROF ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor lillman moved to approve. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. MAYOR BROENING ANNOUNCED THAT A PRESENTATION WAS MADE THAT COULD PROVIDE DIRECTION ON THE ISSUE OF THE OLD HIGH SCHOOL. HE REQUESTED A CONSENSUS OF THE COMMISSION TO ADD THAT ITEM UNDER UNFINISHED BUSINESS. When it appeared that a consensus could not be reached, Mayor Broening directed the City Manager to poll the Commission to arrange for a meeting before Friday to discuss this issue. Motion Commissioner Denahan moved to amend the agenda under Unfinished Business Item E. Commissioner Weiland seconded the motion that carried unanimously. B. Ordinances- Im Reading 1. INTENTIONALLY LEFT BLANK C. Resolutions: None D. Other: Presentation by Kilday & Associates regarding modifications to the Stipulation/Settlement Agreement and Declaration of Covenants/Restrictions affecting Alhambra Square North lO MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January ~8, 2000 Kieran Kilday, representing the contract purchaser of the property, said this property is at the northwest corner of Congress Avenue and Golf Road. Tt is approximately 4.4 acres in size and has a current land use designation of Commercial/Office. It is the subject of a Stipulation between the current property owner and the City dating back to 1989. At that time, there was litigation between the property owner and the City regarding the use of the property at the northeast and southeast corners. In the final settlement there was a requirement that the property develop according to the Office/Commercial land use designation on the north side and Multi-family on the south side. The south side has recently developed as an ACLF. The north side is vacant. Mr. Kilday said his office represents Jim Zengage, who is the contract purchaser. His proposal was to move forward with the construction of two buildings on the site. One building would be a Walgreens on the west side of the site, and the other would be a two-story medical office building on the east side of the site. Approximately two years ago, the owner of the property brought forth a similar proposal attempting to utilize the existing Commercial/Office land use and C-! zoning. The Code allows pharmacies only in the C-1 zone. This became a source of litigation that ended in favor of the City. The C-1 zoning district only allows pharmacies. Because a drugstore is being proposed, it is necessary to amend the Land Use Plan for the west half of the property to allow a change to Local Retail Commercial and to rezone to C-3. The normal process would be to apply to staff, move forward to Planning & Development and then to the City Commission. However, because the :[989 Stipulation is in place, the City Attorney recommended that this issue be brought to the City Commission first to discuss the amendment to the original Settlement and Stipulation. Tf the Commission is not interested in approving the amendment, there would be no point in moving forward with an application. Since this was an issue of contention in the past, prior to this meeting, several meetings with Leisureville were held. Those meetings resulted in an agreement with regard to restrictions on the property to allow this development. The most important restriction is that the property would be restricted to a drugstore use only and it would be stipulated that if the drugstore use ceased to exist on the property, the only other uses allowed would be C-:[ uses. The proposal is to amend the Stipulation and Settlement to include the new conditions as well as to amend the existing Declaration of Covenants and Restrictions to include the new conditions. Vice Mayor Tillman remarked that it was his opinion that the Commission was done with this issue and questioned why the applicant was back again. Attorney Cherof advised that the City was done with this :[1/2 years ago. Vice Mayor Tillman asked for an explanation of how this item got on the agenda without going through the process. Attorney Cherof advised that the applicant could not achieve his goal by submitting an application for a rezoning and land use amendment because there is a court order that dictates what the land use and zoning is for the property. Therefore, the only recourse the property owners had was to explain their position and request changes from the Commission. Mayor Broening understood that the reasoning for the previous denial was the premise that a drugstore was too intensive for the C-1 designation. ~[n addition, Leisureville was strongly 11 MEETZNG MZNUTES REGULAR CZTY COMMISS/ON BOYNTON BEACH, FLOR/DA 3anuary :1.8, 2000 opposed to the project at that time. The only thing that has changed at this point is that Leisureville now supports the project with key restrictions. The primary restriction is that the City would stand behind any deed restriction regarding any future reversion of the property to something other than the drugstore. However, the City should not be in that position. Robert Eisen, Attorney for Southern Development, said this is not a deed restriction such as a subdivision regulation. When the litigation on the property was resolved in 1989, the property owner recorded a Declaration of Covenant and Restrictions that placed a variety of development limitations on the property. Those development limitations were what encouraged the City to settle the litigation. ]:t is now suggested that the development limitations be amended to conform to Leisureville's requirements. It is common for the City to enforce development limitations that are recorded as covenants and restrictions as part of the approval. Bill Lynch, 1912 SW 16th Avenue, is the President of the Leisureville Community Association. After a meeting on December 17th with the approximately 70 residents in attendance, it was almost unanimous that they would accept a Walgreens Drugstore on the corner of 23rd and Congress with the stipulations of the 1989 agreement and a rezoning of only the west portion of the lot to C-3 and the east portion remaining C-1 with medical/professional on it. Boynton Leisureville will accept that drugstore under those conditions, but will not accept it if the Boynton Leisureville Community Association has the sole enforcement powers on any deed restriction that goes on the property. Mr. Lynch said he would not commit the community to enforcement and he would not want to put any money into litigation that might come up at a later date. Boynton Leisureville will not enter into any agreement unless the City stands shoulder to shoulder with them. Commissioner Denahan questioned whether enforcement would be achieved through a normal process if deed restrictions are placed on the property and whether or not Leisureville would become obligated legally. Attorney Cherof advised that the better question would be whether or not the City would be obligated legally. This is not a traditional method of enforcement. Tt is a burden on administrative staff to monitor the property in such a manner. Staff's evaluation of land use and zoning should be the predominant focus of what should happen on that property. Commissioner Denahan asked if it would be appropriate for the Commission to take this under advisement subject to the recommendation of Planning & Zoning and the Planning & Development Board. Fir. Hawkins pointed out that no recommendation was provided because the critical question was whether or not the City wants to go down this road again and what would happen to the original agreement. Staff could do more research and provide a recommendation. Mr. Hawkins recommended not moving ahead on this issue at this point. Mr. Kilday distributed copies of the existing Stipulation and explained that the applicant is now requesting amending it. The normal zoning conditions of approval would be encompassed in the Settlement Agreement and the same conditions that were stipulated to Leisureville would be added. With regard to the deed restriction, the applicant offered to covenant the property. Tf the City was not enforcing its own conditions, Leisureville would have the right to step in. Tn order to get to that point, the applicant must get into the process. 12 MEETTNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA 3anuary 18, 2000 Vice Mayor Tillman did not feel that it was the Commission's responsibility to give the applicant an opportunity to enter a process that would negate the vote that was previously taken by the Commission. Mayor Pro Tem Sherman said the things the Commission was being asked to look at made him feel like not being a Commissioner anymore. The Commission looked at a $200 fine that caused community unrest. Tt was preposterous that the Commission was asked to look at that. He said he hopes it gets buried back in the Cemetery Board. The Commission is also being asked to do something that was legally put away years ago. The Commission is not empowered to make those judgments and should not be looking at these types of issues. Mayor Pro Tern Sherman also referred to Mr. Taylor's proposal to give the Old High School to Mr. Katz. He questioned why the Commission was considering that proposal. Mayor Pro Tem Sherman said he thought the Old High School was a place where there would be plays and art. Mayor Pro Tem Sherman said the agendas are making the Commissioners look poor to the people. The Commissioners should not be considering these things and he recommended sending this particular issue back to where it came from. The Commissioners are not lawyers and should not be asked to make legal decisions. Motion Mayor Pro Tem Sherman made a motion to throw it out. Mr. Kilday reported that the applicant argued the same point that Mayor Pro Tem Sherman made. There is an agreement that would have to be modified. That agreement is between the property owner and the City. :In order for the applicant to move forward, the Commissioners would have to indicate that they were willing to allow the applicant to enter the process so that the Commission could consider modifying the agreement. :It is not fair to suggest throwing it out. Tt is the Commission's job to allow people to get into the process and ask questions. This is the first step this applicant must take to get to that point. Mike Friedland, 330 NE 26th Avenue, recalled that this was denied by a vote of the Planning & Development Board two years ago with the support to residents in the surrounding area of this property. The applicant wanted to put in a Walgreens drugstore that would sell alcohol and other convenience items. Mr. Friedland questioned whether the applicant was now willing to put in a pharmacy that would not carry all other convenience items. Mr. Eisen said that part of the agreement with Leisureville involved the fact that there would be no liquor sales and there would be limitations on the hours of operation and other things. Some of the traditional Walgreens uses would not be included. Commissioner Weiland pointed out that this would be a regular Walgreens Drugstore minus the liquor store. This drugstore would sell cosmetics, tobacco, pencils and pens and all other convenience items. Mr. Friedland said this area of the City has grown tremendously and perhaps it is time to look at this proposal again with an open mind. 13 MEETI'NG Mt'NUTES REGULAR CITY COMM?SS/ON BOYNTON BEACH~ FLOR/DA 3anuary 18~ 2000 Herb Suss, resident of Quail Run, said the residents in his community felt there was too much commercial development. This would bring in more traffic. This is a "dead and buried" issue. Mr. Suss is opposed to this proposal. Commissioner Denahan said the court order was made 10 years ago and with the comprehensive land use, it would be appropriate to send it back through the process. Commissioner Denahan said it is the Commission's responsibility to evaluate situations such as this so that redevelopment can occur. She was willing to take this under advisement and defer it subject to Planning & Development Board and Planning & Zoning staff recommendations. Tf they find it is appropriate and it would not adversely affect the traffic, she would be willing to take it under advisement. Vice Mayor Tillman pointed out that if the applicant were to be given this opportunity, "the horse would be in the starting gate". Motion Vice Mayor Tillman moved to deny the request. Mayor Pro Tem Sherman seconded the motion that carried unanimously. Commissioner Denahan requested that the record reflect the fact that she was voting in favor of denial so that she would be on the prevailing side in the event that she wishes to reconsider this issue at a future date. XII. UNFINISHED BUSINESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round TIT Core Grant Program (TABLED TO.IANUARY1B~u) Motion Commissioner Denahan moved to remove this item from the table. Vice Mayor Tillman seconded the motion that carried unanimously. Dale Sugerman, Assistant City Manager, advised that the City is participating with Palm Beach County in the Development Regions Grant Program. We are in Round TIT. The City has $65,000 available from the County that can be used in the Core Grant area that includes the Federal Highway corridor, Martin Luther King, ,lr. Boulevard, sections of Boynton Beach Boulevard east of T-95 and Woolbright Road east of :[-95. These funds can be used to help businesses improve their physical plant and structures as long as they create jobs and do it on a minimal dollar-for-dollar matching basis. Tn the fall of last year, the City accepted applications from local businesses. Two applications were received; one of which was withdrawn. The one outstanding application being considered is from Investments Ltd. They worked with Mr. Sugerman to fine-tune the application. They 14 MEETI'NG MI'NUTES REGULAR CI'TY COMMZSSI'ON BOYNTON BEACH~ FLOR]:DA 3anuary18,2000 still have a few items outstanding, but have generally met all of the Grant Program requirements. If the Commission endorses the application, Mr. Sugerman will write the grant application to the County for their consideration. Mr. Sugerman advised that there are three outstanding issues with this application. They are: 1. A reconciliation of their work write-ups against their proposed budget of $50,000. A statement from the applicant that they understand this is a reimbursement program and County and City funds will only flow once the project is completed and closed out; and Since their project budget has been modified a couple of times over the last few months and gone from $34,491 to a total project budget of $50,000, they need to recognize that the County and City participation may change slightly such that the County's participation would be $15,000 (30% of the project) and the City's participation would be $5,000 (10% of the project). Commissioner Weiland said he read the back-up information and questioned how receiving the grant money would tie in with them being able to provide three new full-time jobs. IVlr. Sugerman said they are planning to have an on-site property manager and two maintenance positions. Mr. Sugerman advised that the grantee is obligated to maintain the full-time jobs for one year. Commissioner Denahan questioned whether all of the businesses in Yachtsman's Plaza were conforming businesses. IVlr. Rumpf said the businesses were conforming uses in the C-3 zoning district, but he did not have information relative to the status of their Occupational Licenses. Commissioner Denahan asked Mr. Pfeil if Investments Ltd. would be willing to pledge not to put any future clubs back into Yachtman's Plaza. Mr. Pfeil said this issue was raised the last time he appeared before the Commission. Mr. Prell said he agreed to work with the board and try to keep undesirable clubs out of the plaza. Commissioner Denahan advised that she wants a firm commitment in writing. Mr. Prell reported that there are plans to put a restaurant in the plaza. According to the Grant proposals, that type of written commitment is not required. Mr. Prell said he did not have the authority to make such a commitment. It is his understanding that a nightclub would be acceptable in this location. Although his plans do not include incorporating a nightclub, he did not want to rule out the possibility of including a sports bar or something similar. Commissioner Weiland felt it was hard to believe that three full-time jobs with a full-time on-site property owner would be needed at this location. Mr. Pfeil said there is currently a person who floats between two different properties. The plaza is not 100% leased. When the leases come due, the property owner is attempting to make them more appealing to attract better-quality tenants. 15 MEETZNG MINUTES REGULAR C[TY COMMISSZON BOYNTON BEACH~ FLOI~DA 3anuary18,2000 Commissioner Denahan said it was her suggestion that the Assistant City Manager inform Tnvestments Ltd. of the grants that were available because she wanted to see the plaza improved to attract higher class tenants. With a pledge from Mr. Pfeil that the City will not have the same problems that were experienced with Bikini Beach, she is willing to take a chance. Mr. Pfeil said Tnvestments Ltd. does not want to have those same problems again, but he does not want to specify that there would not be a club in the future. The Roadhouse and Flanagan's are restaurants and nightclubs. These are beautiful places and create a sports-bar atmosphere. Mayor Broening explained that he lives very close to this location. There were problems at this location even prior to Bikini Beach. He further explained to Mr. Pfeil that because of the history of this location, it is not unfair for the Commission to request a written pledge, if not a legal document, that there will be better care in the selection of tenants. There are good businesses in that plaza that were affected by this use. Mayor Broening said he would be inclined to approve anything that would improve the appearance of the plaza and the quality of life. Mayor Broening wants assurance from the applicant. Mr. Hawkins asked Mr. Pfeil if he would be willing to work with the City Attorney to come up with something that would be acceptable to both parties. Mr. Pfeil was in agreement with this request. Motion Commissioner Denahan moved to table the Yachtsman's Plaza Round ITT Core Grant proposal until the meeting on February 15th. Vice Mayor Tillman seconded the motion that carried unanimously. B. Report by Commissioner Ron Weiland regarding negotiations with the County Commissioner Weiland reported that he met with Commissioner Mary McCarty to discuss an extension of time for the 10-acre park and renovations to Boat Club Park. The original deadline completion of all work was March 17th of this year. The discussion involved an extension of 18 months to allow for completion of renovations to Boat Club Park. The dollar amount increased from $750,000 to $900,000 for the project. Commissioner McCarty also advised that if the renovations escalated to more than $900,000, we should be able to obtain those funds from the remaining $1,725,000. That $1,725,000 would remain on the table until we make a decision on what to do with the 10-acre park. However, if another municipality comes up with an idea for waterfront ramps or parking, that money could go to that municipality. Commissioner Weiland reported that Lantana has expressed an interest along these lines. Mayor Broening thanked Commissioner Weiland for representing the City and expressed the importance of determining an appropriate use for the remaining money. 16 MEETTNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA 3anuary18,2000 Commissioner Weiland advised that the two projects have been divided so that the renovations could happen at Boat Club Park and we could add 50 parking spaces for additional trucks and trailers. Commissioner Denahan said she is strongly in favor of having Tntracoastal Park serve as a park. Tt was only a recommendation of the CRA to consider a mixed use. Commissioner Denahan said making that recommendation to the Commission was a terrible disservice to the community. Mayor Broening reported that the CRA has not yet made a recommendation to the City Commission. The CRA directed staff to provide the CRA with information on what the highest and best use would be for the 10 acres. Since the City owns the 10 acres, the CRA would make a recommendation and the City Commission makes the final decision based on that information. Attorney Cherof confirmed that the CRA set the manner for review and at some point, it would come to the Commission for consideration. Commissioner Denahan said there was no reason to go back and reevaluate if a mixed-use project was an appropriate use for that land. She is hopeful that the CRA's recommendation will be to use Intracoastal Park exactly for the intended purpose and that the City does not lose out on the $1.725 million the County has offered. Motion Vice Mayor Tillman moved that the Commission accept the report and immediately begin developing necessary projects needed to fulfill gaining Commissioner Weiland seconded the motion that carried unanimously. direct staff to those monies. C. Pond "B" Update - Assistant City Manager Dale Sugerman Mr. Sugerman reported that staff was not seeking action from the Commission on this issue at this time. Staff is in the process of developing a draft contract for the concept known as "Construction Manager At-Risk" services with Camp, Dresser & McKee Engineers & Constructors, Inc. This contract will come back to the Commission on February Ist. Mr. Sugerman pointed out that the back-up information included the :[1 basic points associated with a "Construction Manager At-Risk" relationship. A final draft contract will be provided at the next meeting for Commission consideration, Reconsideration of Resolution No. R99-166 regarding the contract for purchase and sale of real property between the City of Boynton Beach and the Town of Ocean Ridge and Resolution No. R99~167 regarding an ~[nterlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge providing for cooperation between the parties concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean Ridge Town Hall 17 MEETI'NG MI'NUTES REGULAR CI'TY COMMI'SSZON BOYNTON BEACH~ FLORZDA 3anuary18,2000 Commissioner Weiland advised that he requested reconsideration of these Resolutions because he felt it was necessary to fine-tune the contract for the best interest of the citizens of this City. Commissioner Weiland said this request is not an attack on Vice Mayor Tillman. However, he looked into some of the issues more closely and felt additional consideration was necessary. Commissioner Weiland said the Interlocal Agreement contains a clause whereby on 180 days' notice, the Town of Ocean Ridge can cancel the shared parking. He feels that the language in this agreement needs to be reworded to protect the citizens so that in five or ten years, we would still share parking with Ocean Ridge. Tn addition, a price of $270,000 was negotiated for the two pieces of land. That was supposed to be a price that is 10% above the recent appraisal. Commissioner Weiland advised that prior to appointing Vice Mayor Tillman to negotiate a deal, representatives from the Town of Ocean Ridge said they would take this property through an eminent domain process. If the courts found in their favor, the City would get $270,000 and the total cost to the Town of Ocean Ridge would be between $400,000 and $500,000 including court costs and attorneys fees. Tn an effort to keep this deal strictly business, Commissioner Weiland feels that a price somewhere between $270,000 and $400,000 could be reached. The Town of Ocean Ridge would actually save money because they would not have to pay exorbitant fees to attorneys and the City of Boynton would benefit from the additional money we would get above the $270,000. This would be a "win-win" situation for both municipalities. Commissioner Weiland pointed out that the Town of Ocean Ridge has been using City land for years and never offered to pay us rent for that privilege. Commissioner Weiland does not agree with remarks that the City of Boynton Beach is not being a good neighbor. The Town of Ocean Ridge could expand their existing Town Hall by adding a second floor and if they need additional parking on the ground level, the City of Boynton Beach could rent them our parking lot. The Town of Ocean Ridge owns a piece of property on A1A. Tf the City were to sell these two pieces of property, and Ocean Ridge decided to move their Town Hall from its current location to a location further south, they would have three very valuable parcels across from Oceanfront Park. Ocean Ridge could then sell this property to a developer and its value would significantly increase to more than $270,000. If the Town of Ocean Ridge makes that decision to move further south, Commissioner Weiland feels the City of Boynton Beach should have the right of first refusal to buy back the property at the price we sold it for. Tf the Town of Ocean Ridge does not plan to move their Town Hall further south, they should not have an objection to providing that assurance in writing. Commissioner Weiland feels this fine-tuning is necessary to protect the citizens of Boynton Beach. Mayor Pro Tem Sherman said the mere fact that the City is selling this land bothers him. He does not feel this sale is necessary and the City does not need $270,000 at this time. Mayor Pro Tem Sherman said he was not privy to seeing the appraisals. Vice Mayor Tillman used the numbers he was given and he negotiated in good faith. Mayor Pro Tem Sherman would like to see the appraisals of this property from years ago and compare them to present appraisals. Mayor Pro Tem Sherman is opposed to this sale. 18 MEET/NG MZNUTES REGULAR C:[TY COMMZSSZON BOYNTON BEACH, FLORZDA .lanuary 18, 2000 Attorney Cherof advised that a motion to reconsider was required. Motion Commissioner Denahan moved to reconsider. Commissioner Weiland seconded the motion that carried 4-1. (Mayor Broening dissented.) Vice Mayor Tillman recommended that the Commissioners meet with staff to get answers to their questions. ~[n his opinion, this is a dead issue. The City of Boynton Beach went into negotiations in good faith and everyone was privy to what was going on. He pointed out that it is easy to have 20/20 hindsight. Gaining extra dollars would be good, but good will would be lost. Vice Mayor Tillman said he was taught that "your word is your bond". He is concerned that every time it appears that the Commission completes an issue, it is revisited. This is not the mark of good government. He urged the Commissioners to "be on top of the game" and to know what is happening from the beginning. He is hopeful that the Commission will begin to understand good governance. He recommended that the Commission take a hard look at how business is being conducted. Mayor Pro Tem Sherman said the Commission was brought into a negotiation on the drainage pond where the numbers were talked about long before a decision was made. When a decision was made, it cost the City a great deal more money than was negotiated by the prior Commission. Mayor Pro Tem Sherman said he does not want to make a decision like selling a piece of prime land without seeing some numbers. Many constituents that have contacted him are very upset because they feel this land should be preserved. The prior Commission did not sell the land. He questioned why this Commission was rushing and pointed out that "haste is waste". Commissioner Denahan explained that her main concern deals with deed restrictions, l~f the property is not going to be used for the intended purpose, the City of Boynton Beach should have the right of first refusal. That is her only concern. Commissioner Denahan felt Vice Mayor Tillman made very valuable comments. She believes in good governance and in being a good neighbor. Commissioner Weiland said he feels strongly about being a good neighbor and conducting good government. However, he also feels it is necessary to look at what is best for the City of Boynton Beach. Commissioner Weiland does not feel the best deal was negotiated. He urged the Commissioners to revisit the dollars and the Tnterlocal Agreement for shared parking. In the future, we would require overflow parking. Mayor Broening agreed with Vice Mayor Tillman's comments. This Commission agreed to appoint Vice Mayor Tillman to negotiate the sale of the land to the Town of Ocean Ridge. The parameters were to look for the current assessed value. That is the amount of money that was agreed on by the Town of Ocean Ridge. The City asked for the ability to conduct special events and use the parking at their Town Hall. The Resolution that was passed did not contain definitive language. However, the Tnterlocal Agreement could have been more definitive. Therefore, reconsideration is wrong. The Resolution says the City is willing to sell the property and it sets the negotiated price. That price reflects the current assessed value of the two 19 MEETING MTNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH~ FLOP~DA 3anuary18,2000 parcels. A good portion of that land contains mangroves and nothing can be done with it. addition, there is a shed that comes out from the side of their Town Hall that is on Boynton Beach property. Why would Boynton Beach want to hold onto this property and not achieve anything from it? This Commission agreed to the terms Vice Mayor Tillman negotiated and voted by Resolution to approve it. The Commission did not vote to approve all of the other things that have been mentioned. Mayor Broening said he would not give much credence to the numbers, but he would with the right of first refusal and assurances on overflow parking. These items are still on the table. Although we own the beach, it is in the Town of Ocean Ridge and it is subject to all their ordinances and regulations. They provide Police services and they open and close the gates. Mayor Broening expressed disappointment on the vote to reconsider. He had hoped that the Commission could have moved in a more business-like manner to resolve this issue and include these concerns in the Tnterlocal Agreement. Commissioner Denahan felt this was the appropriate forum for the Commission to discuss an issue that would come up for a vote. She felt this issue was handled properly. She said she could live with the Resolution as it stands understanding that the other issues could be addressed in the :[nterlocal Agreement. Attorney Cherof advised that the Commission would have to vote on Resolutions R99-166 and R99-167 to dispose of those two agenda items. Motion Commissioner Weiland moved to remove Resolutions R99-166 and R99-167 from the agenda and renegotiate real property between the City of Boynton Beach and the Town of Ocean Ridge and the Tnterlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge. Mayor Pro Tem Sherman seconded the motion that failed 2-3. (Mayor Broening, Vice Mayor Tillman and Commissioner Denahan dissented.) Motion Commissioner Denahan moved to approve Resolution R99-166. Vice Mayor Tillman seconded the motion that carried 5-0. Motion Commissioner Denahan moved to approve Resolution R99-167. Vice Mayor Tillman seconded the motion. Commissioner Weiland said he would vote in favor but did not feel that the Commission did what was in the best interest of the City of Boynton Beach. The motion carried 5-0. 2o MEETZNG MINUTES REGULAR CTTY COMMISSTON BOYNTON BEACH~ FLOI~DA 3anuary18,2000 E. Presentation regarding the Old High School Mayor Broening explained that interest has been expressed for potential uses for the building. Former Mayor Taylor presented one interest and the City has had some dealings with the Florida Theater. Mayor Broening requested that the Commission appoint a representative to work with these interested parties to see if a concept could be described. He pointed out that the concept could involve leasing the building or selling the building. Mayor Broening volunteered to be the point person. Motion Commissioner Denahan moved to appoint Mayor Broening as the point person. THE IVlOTTON DTED FOR LACK OF A SECOND. Commissioner Weiland said he would like to entertain ideas in addition to those presented by Former Mayor Taylor. XIII. OTHER: None XIV. AD.1OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:55 p.m. ATTEST ('/deputy City Clerk "-~T'hree Tapes) Mayor~,.~j~ ~-..~Pr° Tem ~ ~~~ Commissioner 21