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Minutes 04-18-95HIHUTES OF THE CITY COHHISSIOH #EETING HELD IN COHHISSIOH CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, OH TUESDAY, APRIL 18, 1995, AT 6:30 P.H. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B. Invocation - Rev, Henry Ackennann, Boynton Beach Congregational Church C, Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:31 p.m. Rev. Ackermann offered the invocation. The Pledge of Allegiance to the Flag was led by Vice Mayor Bradley. D, Agenda Approval 1, Additions, Deletlon$, Corrections Commissioner Rosen added Item IX.F (Commission Workshops). Mayor Taylor added Item IX.A.3 (Update on County Civic Center). Mayor Pro Tem Matson added Item IV.A.6 (Recognition of Vendors' and Employees' Participation in Easter Activities). Vice Mayor Bradley deleted Item IX.B.1 (Combining the Education Advisory Board and the Children and Youth Advisory Board). He stated that he was only in favor of combining these two boards because of their low turnout. However, there has recently been a flurry of activity with regard to both boards. City Manager Parker added Item II.E (Request to allow sale of beer at two events during the Centennial Celebration). Mayor Taylor had a request to move up Item X.D.1 (Lien Reduction for Code Enforcement Case - N.D. Auto located at 902 North Federal Highway) on the agenda. He moved it to II.F. City Attorney Cherof added Item X.D.2 (Update on Jaegar Lawsuit). City Manager Parker corrected Item IV.A.3. The Town Meeting for Boynton Beach residents will be held on May 17th, not May lOth. - 1 - NINUTES - CITY COMNISSION NEETING BOYNTON BEACH, FLORIDA APRIL lB, 1995 Adoption Motion Mayor Pro Tem Matson moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion which carried 5-0. II, ADMINISTRATIVE A, Board appointments from Aprll 4, 1995 City Commission meeting (voice vote as a condition of appointment) Bradley *Board of Adjustment Rosen Bldg Brd of Adj & Appeal Bradley Bldg Brd of Adj & Appeal Rosen Cemetery Board Jaskiewicz Children and Youth Adv Rosen Children and Youth Adv Jaskiewicz Children and Youth Adv Rosen Civil Service Board Taylor *Community Redev Adv Brd Bradley Community Redev Adv Brd Jaskiewicz Community Redev Adv Brd Rosen Community Relations Brd Jaskiewicz *Education Advisory Board Taylor Rosen Jaskiewicz Taylor Rosen Bradley Jaskiewicz Rosen Bradley Jaskiewicz Rosen Bradley Jaskiewicz Library Board Library Board Library Board Planning & Development Planning & Development Planning & Development Recreation and Park Brd Recreation and Park Brd *Senior Advisory Board Senior Advisory Board Firefighters' Pension Police Officers' Pension Police Officers' Pension Reg Term expires 4/97 Berman Reg Term expires 4/98 Kurtz Reg Term expires 4/98 Goldman Reg Term expires 4/98 Hart Reg Term expires 4/97 Lengert Reg Term expires 4/97 Girtman Alt Term expires 4/96 Voelxen Alt Term expires 4/97 Frakes Reg Term expires 8/95 Winters Reg Term expires 4/96 Heavilin Alt Term expires 4/96 Showalter Reg Term expires 4/98 Bradley Reg Term expires 4/97 Newton Reg Term expires 4/98 Oppeinheimer Reg Term expires 4/98 Blair Alt Term expires 4/96 Mann Reg Term expires 4/97 Wische Reg Term expires 4/97 Elsner Alt Term expires 4/96 Frazier Reg Term expires 4/98 DeLiso Alt Term expires 4/96 Brous Reg Term expires 6/95 Graham Alt Term expires 4/96 McMahon Reg Term expires 4/97 Cook Reg Term expires 4/97 Cash Reg Term expires 4/97 Diaz With regard to all board appointments, City Attorney Cherof suggested that from now on the commissioners make their nominations and provide the opportunity for their nominations to be pulled if a separate vote is requested for the purpose of declaring a conflict. After all nominations are made, one motion can be made to adopt all the nominations as appointments. City Attorney Cherof stated Commissioner Jaskiewicz' appointment to the Children and Youth Advisory Board and Commissioner Rosen's appointment to the Community Relations Board need to be voted on separately. The balance of the appointments can be handled with one motion. -2- HINUTE$ - CITY CONNIS$ION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Notion Mayor Pro Tem Matson moved to approve the board appointments made at the April 4, 1995 City Commission meeting as amended. Vice Mayor Bradley seconded the motion which carried 5-0. Notion Commissioner Jaskiewicz moved to nominate Dr. Floyd Beil in place of Marie Lengert to the Children and Youth Advisory Board. Vice Mayor Bradley seconded the motion which carried 5-0. Notion Commissioner Rosen moved to nominate Fawn Bradley to the Community Relations Board. Commissioner Jaskiewicz seconded the motion which carried 4-0. Vice Mayor Bradley abstained from voting due to a conflict of interest. B, Accept resignation from Richard Kurtz, regular member, Code Enforcement Board Notion Mayor Pro Tem Matson moved to accept Mr. Kurtz' resignation from the Code Enforcement Board. Vice Mayor Bradley seconded the motion which carried 5-0. C, Appointments to be Nade Appointment Reg/ To Be Made Board Alt Length of Term Expiration Date II Bradley *Board of Adjustment Alt III Jaskiewicz Board of Adjustment Reg IV Matson Board of Adjustment Reg Mayor Taylor Board of Adjustment Alt 2 yr term to 4/96 TABLED Term expires 4/98 TABLED Term expires 4/98 TABLED Term expires 4/97 TABLED III Jaskiewicz Bldg Brd of Adj & Appeal Reg IV Matson Bldg Brd of Adj & Appeal Alt Mayor Taylor Bldg Brd of Adj & Appeal Alt Term expires 4/98 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED III Jaskiewicz Cemetery Board Alt II Bradley Cemetery Board Reg 1 yr term to 4/96 TABLED Term expires 4/98 TABLED I Rosen Children and Youth Adv Brd Reg IV Matson Children and Youth Adv Brd Reg Mayor Taylor Children and Youth Adv Brd Reg II Bradley Children and Youth Adv Brd Stu IV Matson Children and Youth Adv Brd Alt Term expires 4/96 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED I Rosen Civil Service Board Alt Term expires 4/97 TABLED -3- HINUTE$ - CITY COHHIS$ION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Rosen Code Enforcement Board Reg Term expires 9/97 TABLED III Jaskiewicz IV Matson Mayor Taylor II Bradley Community Relations Board Alt Community Relations Board Reg Community Relations Board Reg Community Relations. Board Alt Term expires 4/96 TABLED Term expires 4/98 TABLED Term expires 4/98 TABLED Term expires 4/96 TABLED II Bradley II Bradley IV Matson I Rosen III Jaskiewicz II Bradley Education Advisory Board Alt Education Advisory Board Alt Education Advisory Board Reg Education Advisory Board Reg Education Advisory Board Stu Education Advisory Board Stu Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED II Bradley Library Board Alt Term expires 4/96 TABLED Mayor Taylor Mayor Taylor Planning & Development Board Alt Planning & Development Board Reg Term expires 4/96 TABLED Term expires 4/97 TABLED IV Matson Mayor Taylor Recreation and Park Board Reg Recreation and Park Board Alt Term expires 4/98 TABLED Term expires 4/96 TABLED IV Matson II Bradley Senior Advisory Board Senior Advisory Board Reg Alt Term expires 4/96 TABLED Term expires 4/96 TABLED IV Matson Employees' Pension Board Reg Term expires 4/97 TABLED Mayor Taylor Firefighters' Pension Board Reg Term expires 4/97 TABLED III Jaskiewicz IV Matson Mayor Taylor Nuisance Abatement Board Reg Nuisance Abatement Board Reg Nuisance Abatement Board Reg Term expires 4/97 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED I Rosen II Bradley Community Redev Adv Brd Reg Community Redev Adv Brd Reg Term expires 8/96 Term expires 9/96 Hotlon Mayor Pro Tem Matson moved to remove all tabled appointments from the table. Vice Mayor Bradley seconded the motion which carried 5-0. Commissioner Jaskiewicz nominated A. Malek Abdallah as a regular member to the Building Board of Adjustment and Appeal. Mayor Pro Tem Matson nominated Jayne Fail as a regular member to the Children and Youth Advisory Board. Mayor Taylor nominated Roy John Fraker as a regular member to the Children and Youth Advisory Board. However, Mayor Pro Tem Matson advised that he is not a -4- #IN~TES - CITY COHHIS$ION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 city resident. City Attorney Cherof advised that there is a special requirement that in order to serve on this board, you must be a city resident. Therefore, Mayor Taylor nominated Dr. Edwin Cordero as a regular member to the Children and Youth Advisory Board. Commissioner Rosen nominated Gerald Mitchell as an alternate member to the Civil Service Board. Mayor Pro Tem Matson nominated Ron Washam as a regular member to the Community Relations Board. Mayor Taylor nominated Wayne Patrick as a regular member to the Community Relations Board. Mayor Pro Tem Matson nominated Irving Sechter as a regular member to the Education Advisory Board. Commissioner Jaskiewicz nominated Kenneth Singleton as a student member to the Education Advisory Board. Vice Mayor Bradley nominated Ben Demaline as a student member to the Education Advisory Board. Mayor Taylor nominated William Burton as an alternate member to the Planning and Development Board. Mayor Pro Tem Matson nominated Stan Dub~ as a regular member to the Planning and Development Board. Mayor Taylor nominated Janine Nelson Hoffman as an alternate member to the Recreation and Park Board. Mayor Pro Tem Matson nominated Robert Foot as a regular member to the Employees' Pension Board. Mayor Taylor nominated Rhennie Givhan as a regular member to the Firefighters' Pension Board. Commissioner Jaskiewicz nominated Lawrence Chandler as a regular member to the Nuisance Abatement Board. Commissioner Rosen nominated Sy Rosenthal as a regular member to the Community Redevelopment Advisory Board. Motion Mayor Pro Tem Matson moved to appoint everyone who was nominated. Commissioner Jaskiewicz seconded the motion which carried 5-0. -5- N~NUTE$ - CITY CONN~$$ION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Notion Mayor Pro Tem Matson moved to table the remainder of the appointments. Vice Mayor Bradley seconded the motion which carried 5-0. O, Approve Task Order #24 for general consulting services with CH2N Htll for the Utilities Department Pursuant to Utilities Department Memorandum No. 95-123, funding for this activ- ity is available through the operating accounts of various divisions, the Series 1992 Bond Issue, and the Renewal and Replacement Fund. Notion Vice Mayor Bradley moved to approve Task Order #24, not to exceed $66,400.00. Mayor Pro Tem Matson seconded the motion which carried 5-0. E, Request to allow sale of beer at the Centennial Celebration City Manager Parker advised that the Centennial ConTnittee has requested the City Commission to approve the sale of beer for two days of the Centennial Celebration. The request is to sell beer at the Hysterical-Historical Raft Race/Junkanoo Festival Day on Saturday, June 24, 1995, and on Country Day (Saturday, July 1st). Beer will not be sold on Family Picnic Day (July 4th) or at any of the other events on any other days. In response to Commissioner Jaskiewicz', City Manager Parker advised that Junkanoo Festival Day will be at Sara Simms. Country Day will be on Ocean Avenue. There will be other events in the downtown area between Boat Club Park and the marina area. She was not sure of the exact location of the beer stand, but advised that it will be a confined beer garden similar to what was at the G.A.L.A. Notion Vice Mayor Bradley moved to approve the sale of beer at the Centennial Celebration on June 24th and July 1st only. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tem Matson suggested stipulating that the beer sales and consumption be in a restricted area. Vice Mayor Bradley had no objections to adding this to his motion. The motion carried 5-0. F. Lien Reduction for Code Enforcement Case - N,D, Auto located at 902 North Federal Highway Scott Blasie, Code Enforcement Administrator, referred to Police Department Code Enforcement Unit Memorandum No. 95-053 which contains information on this lien. The original lien ($3,000.00 plus administrative costs in the amount of $7~0.15) -6- HIHUTE$ - CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA APRIL ~8, ~995 was reduced to $2,000.00 by the Code Enforcement Board. This lien was placed on the property for violation of the City's Landscape Ordinances. Mr. Blasie confirmed for Mayor Pro Tem Matson that the problem on this site was due to the Christmas freeze and that the irrigation was up and running when this case was complied. He advised that one of the problems was that the plants that were put in did not survive because there were some broken sprinkler heads. Beril Kruger represented Nicholas DiLorenzo. He stated that there were outstanding violations prior to the fine being imposed; however, they were corrected. The reason this took so long to come before the Commission was that the site plan had to be finalized and the rear portion of the property had to be paved. When this originally went through for site plan approval, one of the members of the Board wanted grass instead of pavement. It was impossible to put grass there, so another site plan was presented and approved for paving. Mr. Kruger stated that problems existed because the hedge froze and then busi- ness slowed down and Mr. DiLorenzo almost lost the business. He said it took Mr. DiLorenzo almost a year for site plan approval to get the rear portion paved and the underground drainage in. Mr. Kruger stated that according to the Codes, fines are issued according to severity. The maximum fine was imposed for these dead hedges, which seemed extreme to Mr. Kruger. Therefore, he asked the Code Enforcement Board to reduce the fine. Mr. Kruger stated that the fine was high because of a personality conflict between one of the members of the Code Enforcement Board and Mr. DiLorenzo. Mr. Kruger said the violation of the hedges existed for 15 days and the fine went up to $4,000.00. He asked the City Commission to reduce the fine. He said Mr. DiLorenzo spent in excess of $25,000.00 to fix up the rear portion of the property. He confirmed for Commissioner Jaskiewicz that the fine accrued only for the landscaping. Mayor Pro Tem Matson did not think the lien should be reduced lower than the administrative costs. Mayor Taylor agreed. Mayor Pro Tem Matson moved to reduce the lien to $750.00. The motion died for lack of a second. Hotlon Commissioner Jaskiewicz moved to reduce the fine to $1,000.00. The motion died for lack of a second. Hotlon Vice Mayor Bradley moved to reduce the lien to $1,500.00. The motion died for lack of a second. -7- MINUTES - CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Notion Commissioner Jaskiewicz again moved to reduce the lien to $1,000.00. Commissioner Rosen seconded the motion which carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. III, CONSENT AGENDA A, Minutes 1, Special City Commission Meeting Minutes of March 30, 1995 Mayor Taylor corrected the second sentence in the second paragraph on page 2 to read, "He received a standing ovation as he relinquished his place at the dais to Mayor Taylor." 2, Regular City Conmlsston Meeting Minutes of April 4, 1995 Mayor Pro Tem Matson pointed out that she is noted as being present at this meeting; however, she was in Tallahassee. B, Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget Approve one-year extension of bid for Annual Contract for Beach Cleaning with Universal Beach Service Corporation of Delray Beach under the same terms and conditions as current contract Pursuant to the Purchasing Agent's memorandum to the City Manager, Universal Beach Service Corporation has provided the City with beach cleaning service throughout the year in a satisfactory manner. The award amount is $8,160.00. Mayor Taylor referred to the agenda memorandum which states that the bid expired in December, 1994 and the delay in renewing this bid was due to Universal Beach Service obtaining insurance. He asked if they have been working for the City without insurance since December, 1994. Charles Frederick, Director of Recreation and Parks, stated that they had an insurance policy in effect, but they were attempting to obtain a new policy with a new carrier at a different rate. C, Resolutions None. D, Approval of Bills A copy of these bills is attached to the minutes on file in the City Clerk's Office. -8- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 E, Payment of Bills - March, 1995 A copy of these bills is attached to the minutes on file in the City Clerk's Office. F, Consider approval of request from Police Department to purchase 28 Body Armor Vests from State Contract for a total amount of $11,759,72 Pursuant to the Purchasing Agent's memorandum to the City Manager, the City pro- vides and issues bulletproof (body armor) vests for all sworn personnel (130 at the present time). The vests are available per a Union negotiated issue found in the Union Contract, Article #30 - Past Practices, Section "E" - Bulletproof Vests. Replacement of the body armor is done on a rotating basis over a five year period. The City is utilizing the State Contract #680-850-95-1 - Protective Vest (Body Armor) - Harrison Uniforms, Boynton Beach, Florida. The Police Department is requesting purchasing the Hi-Lite II F/C F/P Deluxe Vests at $419.99 each. Motion Vice Mayor Bradley moved to approve the Consent Agenda as amended. Commissioner Rosen seconded the motion which carried 5-0. IV, ANNOUNCEMENTS AND PRESENTATIONS A, Announcements Special City Commission Meeting to consider oral presentations from non-profit groups for Clipper Cove - Thursday, April 27, 1995 at 5:30 p,m, Mayor Taylor made this announcement. State Adjutant/quartermaster of the Veterans of Foreign Wars, Department of Florida, has selected Investigator Daniel Griswold as "Outstanding Law Enforcement Officer" for the 1994-95 year Mayor Taylor made this announcement. City Manager Parker advised that Investigator Griswold was chosen as the City's Outstanding Law Enforcement Officer for the year. A presentation at the City level has already been made. Investigator Griswold has now been selected State- wide by the Veterans of Foreign Wars and will be traveling to Orlando for that presentation. City Manager Parker was very pleased that one of our officers has received this honor. Mayor Taylor expressed pride in Officer Griswold and appreciated his perform- ance. He stated that there are some very good dedicated people in the Boynton Beach Police Department. ~ -9- NINUTES - CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 County Coffmlsstoner #aude Ford Lee w111 hold a Town Neetlng for Boynton Beach residents on NeCY 17, 1995 at the Boynton Beach Child Care Center, 909 N.E. 3rd Street at 5:00 p.m. Everyone is tnvtted to attend. Mayor Taylor made this announcement. 4, Boynton Home I~rovement Program#eetlng, April 19, 1995 at 5:00 p,m, - Poinciana School Mayor Taylor made this announcement. 5, School Board meeting Wednesda.V, Aprtl 19, 1995, at 6:00 p.m. reference budget for Poinciana School Mayor Taylor made this announcement. Vice Mayor Bradley hoped that all the commissioners will attend this meeting to speak on this issue. He stated that elected officials can speak at the beginning of the meeting. 6, Recognition of Vendors' and Employees' Participation in Easter Activities Mayor Pro Tem Matson stated that on Saturday, April 15, 1995, the City of Boynton Beach participated in the Annual Easter Egg Hunt at Caloosa Regional Park and an Easter Eggstravaganza at Ezell Hester Park. She presented the following vendors and employees with Certificates of Appreciation for par- ticipating in these events: Employees Kay Welsh Virginia Halpern Kathy McDeavitt Wally Majors Wendy Hollien Jim Patterson Sharon Golden Raleigh Jenkins Charlie Crawford Clyde Harris Stuart Orville Mervin Span Leonard Coleman Cynthia Wilson Steve Lulkin Monique Cambronne Officer Charles Graham Officer Bruce Brueggeman Vendors Boynton Beach Jaycees Boynton Lakes Plaza Joe Peltz of Dutch Realty Office Depot Toys "R" Us Walgreen's - 10 - HINUTES - CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Mayor Pro Tem Matson also presented Certificates of Appreciation to Joy Currier, Bruce Tufts from the Boynton Beach Veterans Council, Olde Style Pizza, Rite Aid, Walgreen's, Banyan Bank, Target, the Hiddenbrook Cafe, Paul Raffa of McDonalds, and ETD Seacrest Shell Service Station. She thanked Mayor Taylor for attending the Easter Eggstravaganza at Ezell Hester Park. B. Presentations 1. FOP Associates Lodge 49 presentation to Police Department Lloyd Powell, Immediate Past President, introduced President Kurt Powell and Vice President Dale Wickers. He stated that several of the members of this organization recently graduated from Citizens Police Academy #4 and found it to be very informative. He urged everyone to go through this ten week training course. Mr. Powell stated that during the Citizens Police Academy, it became apparent to the FOPA that the Police Department is underequipped. President Kurt Powell presented Captain Steve Grenier with a check for $1,000.00. On behalf of Police Chief Thomas Dettman, Captain Grenier thanked the FOPA and expressed appreciation for their continued support. He was happy to hear they enjoyed the Citizens Police Academy and encouraged all to sign up for it to become familiar with how the Police Department operates. As one of its graduates, Mayor Taylor urged everyone to take advantage of the Citizens Police Academy. 2, Proclamations a, Brothers of the Brush - Centennial Celebration Mayor Taylor read a proclamation declaring that all males of the age when shaving is feasible, refrain from shaving from now until the end of our glorious Celebration, July 4, 1995. Mayor Taylor stated that this is just one of the fun events planned for the Centennial Celebration. He stated that the Centennial Celebration is a chance for the entire community to get together, have fun, and relive a little bit of the history of Boynton Beach. He advised that the Centennial Committee is working diligently; however, they need volunteers. He asked anyone interested to please contact the City Manager's Office. Vice Mayor Bradley commended Mayor Pro Tem Matson for taking on this huge endeavor. b, Italian Heritage and Culture North - October, 1995 Mayor Taylor read a proclamation declaring October, 1995 as Italian Heritage and Culture Month. ~ - 11- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 A representative of the Order of the Sons of Italy of America was present to accept this proclamation and thanked the City of Boynton Beach for this honor. C, Greetings and friendship from the people of Boynton Beach, Florida, to the people of South Korea - John Miller Mayor Taylor read a proclamation sending greetings of friendship from the people of Boynton Beach to the people of Pusan, South Korea and encouraged continued acts of goodwill between our nations and our cities. Certificates of Appreciation to Robert Taylor, Debble Gast, and Carolyn Salt for volunteer work to landscape Boynton Beach entrance on Federal Highway City Manager Parker and Mayor Taylor honored Robert Taylor, Debbie Gast and Carolyn Salt for taking it upon themselves to purchase and install new landscaping in the entryway to the City on North Federal Highway. City Manager Parker advised that Mr. Taylor was the spearhead of this project. She presented Mr. Taylor with Certificates of Appreciation. Ms. Gast and Ms. Salt were not present. Mr. Taylor thanked the City for the recognition. He advised that he, Ms. Gast and Ms. Salt enjoyed the project and think it adds significantly to the appearance as people come into the City from the north end. He pointed out that first impressions are extremely important. He thanked City Manager Parker, Kevin Hallahan and Roger VanKorlaar of the Parks Department for their support during this project. Mayor Taylor stated that this is a good example of civic pride. V, BIDS None. VI, PUBLIC HEARING City Attorney Cherof explained the procedure for the items under the Public Hearing and Development Plans. All individuals who intend to testify in support of or in opposition to those hearings should be sworn prior to the commencement of those hearings. The applicant should commence the proceeding by explaining the basis for his application and present all evidence in support of his posi- tion. Staff should be allowed a brief presentation to introduce the item. The members of the Commission and staff should have the opportunity to question any of the witnesses who testify in favor of the relief being sought. When the applicant has concluded his presentation, staff should present its position and provide all information it needs to provide to the City Commission. The appli- cant should have the opportunity to cross-examine any staff me~er who testi- fies. The applicant should then be permitted to provide rebuttal testimony and to make a closing statement or closing argument. Members of ~he public should - 12- MINUTES - CITY CONN]'S$ION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 then be permitted to speak for or against the application. Following the close of the public input, an affirmative motion should be made by the Commission with discussion on the motion before a vote is taken. At the conclusion, all the applicants should be reminded that motions to reconsider can be made any time prior to noon on this coming Friday by any member of the Commission. City Attorney Cherof swore in all those witnesses who intend to testify this evening. A® Project: Main Street Car Wash CONTINUED FROM MARCH 14, 1995 MEETING Agent: Jim Zengage Owner: Forward Progress, Inc. Location: Between N.E. 1st Street and N. E. 2nd Street, immedi- lately north of Mainstreet Car Wash Description: Land use Element Amendment/Rezoning: Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-2 (Community Commercial) Kieran Kilday of Kilday & Associates stated that the Main Street Car Wash is an existing business. During the last few years it has been upgraded. It is well- maintained and very successful. Because of its success, a problem of stacking and waiting has been created. He displayed an aerial of the commercially zoned property in this area as it currently exists. He explained that vehicles come into the car wash from N.E. 1st Street and stack out onto Boynton Beach Boulevard. The proposal being made is to allow for a rezoning of a lot on the north side of the property to get the stacking off the street. The request went before the Planning and Development Board last week. They voted 4 to 3 to deny this request. Their concern was not that it was an inappropriate use, but of a question of time. The current downtown master plan states that certain uses may not be suitable in the C-3 zone, including car washes. Based upon this, staff was concerned about the car wash being there. Mr. Kilday stated that there is a single-family house on the property to the north of the Main Street Car Wash. The owners of the Main Street Car Wash purchased it about a year ago and fixed it up. They would like to move it to another site and move the wall back to the north property line. Mr. Kilday stated that the moving north of commercial is consistent with the plan for the downtown area. Therefore, the zoning and land use request before the Commission is consistent with the existing plan. Mr. Kilday advised that the neighbors who own the property immediately north of this site, and the neighbor to the west, are in support of this request. The property immediately to the east of the site in question is currently vacant. The property east of that property is C-4 Commercial. There[Ore, he felt this request fits in with the plan. ' - 13 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Mr. Kilday said the new pending plan will allow this use as a conforming use. He advised that Ann Ford, the Downtown District Coordinator, the Community Redevelopment Advisory Board, and the Treasure Coast Regional Planning Council are in support of this request. Mr. Kilday stated that the current plan suggests that these uses might not be appropriate; however, this use already exists. He pointed out that the new plan recommends its legitimacy. Mr. Kilday stated that this is a good business doing a good job downtown. It brings people downtown who probably would not come east of 1-95. When these people come to the car wash, they investigate other things happening in the area. He felt this meets the goals and objectives of the Comprehensive Plan. Tambri Heyden, Planning and Zoning Director, stated that there was a lot of focus at the Planning and Development Board meeting regarding what appeared to be a discrepancy between the recommendations of the Planning and Zoning Department and the Downtown Development Coordinator. She stated that at the time this application was submitted, staff based their recommendation on the Comprehensive Plan and the existing Community Redevelopment Plan. In September, 1994, the City went through a series of downtown charrettes. In December, 1994, a document was produced by the Treasure Coast Regional Planning Council which summarized what happened at those downtown charrettes. That docu- ment was reviewed by the Commission at a workshop in January, 1995. Staff heavily relied on that document to review this request. That document did not contain boundaries. Among staff's comments was a recommendation to include within the planned boundaries the corridor of Boynton Beach Boulevard. Staff felt that area was important since it is the gateway to the new revitalized area and that some special consideration should be given to it. Based on the timing of this application and the draft of the Community Redevelopment Plan that was available to staff, staff recommended denial based on inconsistency with the Comprehensive Plan, the existing Community Redevelopment Plan, and the draft of the Downtown Redevelopment Plan. Staff was also concerned about the possible domino effect of other vacant properties in this area wanting to be rezoned com- mercial if this request is approved. Ms. Heyden stated that if the Commission approves this request, staff recommends that a restrictive covenant be required to document, in perpetuity, any condi- tions. City Manager Parker stated that the City cannot require a covenant on this prop- erty. However, she suggested whatever mechanism the City Attorney thinks would be a permanent restriction on the property. She pointed out the following four conditions that the City Commission may wish to consider to limit development on the property: 1. The lot to be purchased shall not contain any expansion of the existing car wash building. - 14 - NINUTE$ - CITY CONNIS$ION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 However, additional canopies may be installed on the site, as well as a storage shed, provided the shed meets all code setback and site plan requirements. Traffic lanes and parking lot area will be the primary uses on this property. e A buffer wall with landscaping will be constructed along the entire northern property line to shield this use from the adjacent residences. A "sandwich" or "menu" type board sign showing the types of services and the amount of each service would be allowed on the interior of the property to let the cars in line know what services are available prior to entering the car wash. A directional sign at the existing driveway cut would also be allowed. e If the owner wishes to expand the existing car wash building, an alternate location would need to be found at that time, as it would not be permitted on this site. Mr. Kilday agreed to these conditions. Lloyd Powell, Chairman of the Community Redevelopment Advisory Board, stated that the Planning and Development Board does not see any problem in rezoning one lot north. In fact, they realize that when the plans for the Boynton Beach Boulevard corridor are finalized, there are going to be many lots, both north and south of Boynton Beach Boulevard, rezoned for the expansion of parking, etc., for the businesses that front on Boynton Beach Boulevard. He felt this request will solve the safety issue of stacking. No one else wishing to speak with regard to this application, Mayor Taylor closed the public hearing. Notion Vice Mayor Bradley moved to approve the land use element amendment/rezoning request for the Main Street Car Wash. Mayor Pro Tem Matson seconded the motion. Commissioner Jaskiewicz was in favor of improving the appearance of Boynton Beach Boulevard. She had no objection to this request. However, she asked if the applicant would consider planting some Palm trees in front of the building, facing Boynton Beach Boulevard. Mr. Kilday stated that this would not be a problem. He advised that he will have to come back for site plan approval and at that time, a detailed landscape plan will have to be submitted. Mayor Pro Tem Matson pointed out that the owners of the car wash have been good neighbors, the existing car wash is not being expanded so there will not be an - 15 - HINUTES - CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA APRIL 1~, 1995 increase in volume, and the residents do not have a problem with this. In addi- tion, she felt the rezoning will alleviate the stacking problem. Vice Mayor Bradley was in support of this rezoning. He pointed out that the Zengages have been around for a long time and are good business citizens. Commissioner Rosen considered this a matter of beautification and was in favor of this rezoning. Mayor Taylor commended the owners for trying to solve a problem without being asked to do so by the City. Amended Hotlon In response to City Manager Parker, Vice Mayor Bradley and Mayor Pro Tem Matson agreed to include the four conditions she mentioned in the motion. The motion carried 5-0. Mayor Taylor declared a recess at 7:56' p.m. The meeting resumed at 8:05 p.m. Project: Lake Worth Christian School TO BE CONTINUED TO THE MAY 9TH PLANNING & DEVELOPMENT BOARD MEETING Agent: J. Richard Harris, Esquire Owner: Condor Investments, Inc. Location: East side of High Ridge Road, approximately one-half (½) mile south of High Ridge Road Description: Request to amend the Future Land Use Map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional and rezoning from Planned Unit Development (PUD) to R-1AA, Single-Family Residential City Manager Parker advised that this item will be continued to the May 9th Planning and Development Board Meeting, after which it will come before the City Commission. Project: Agent: Owner: Location: Description: Lots 9 and 10, Palm Beach County Club Estates City of Boynton Beach City of Boynton Beach South side of N.E. 8th Avenue, approximately 100 feet west of N.E. 1st Street Request for rezoning of Lots 9 and 10 of the Palm Beach County Club Estates subdivision from PU, Public Usage, to R-2, Single and Two-Family Residential Ms. Heyden advised that this rezoning is necessary for use of the Subject par- cels in the City's Infill Housing Program. The bank has just closed on a construction loan for one of the lots. A second loan is currently being pro- - 16- o! NINUTE$ - CITY COHNIS$ION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 cessed for the other lot. Construction could be reached as early as May 1, 1995. With the exception of the multi-family complex to the east, all the adja- cent uses would be reasonably compatible with the proposed rezoning. In fact, a multi-family use is a legal nonconforming use. Ms. Heyden advised that in exchange for some right-of-way in 1951, the City took ownership of these lots from the State of Florida. Although there has not been a specific public use planned for these lots, they have always been zoned for public use. No language exists within the Comprehensive Plan regarding the use of these properties. Therefore, the Planning and Zoning Department recommends approval of the rezoning of Lots 9 and 10 because it is consistent with the Comprehensive Plan Future Land Use Map and all the goals, policies and objec- tives in the Comprehensive Plan. No one in the audience wished to speak in favor of or against this application. Therefore, Mayor Taylor closed the public hearing. Notion Mayor Pro Tem Matson moved to approve the request to rezone Lots 9 and 10 of the Palm Beach County Club Estates subdivision from public usage to R-2, Single and Two-Family Resdiential. Vice Mayor Bradley seconded the motion which carried 5-0. VII, PUBLIC AUDIENCE Robert Foot, 2400 S.W. 1st Street, requested that public hearings on site plans be held at Planning and Development Board and City Commission meetings. He also asked that public hearings be scheduled on the pending development of the Outpatient Properties Inc. property on the southwest corner of South Seacrest Boulevard and S.W. 23rd Avenue. He submitted a petition signed by 40 neighbors requesting that any use of the property be subject to separation with a six foot stuccoeU wall in the first stage of any improvements. City Manager Parker advised that the City is not legally required to hold a public hearing. However, anyone can speak on an item at the Planning and Development Board meeting and at the City Commission meeting before a decision is made. City Attorney Cherof confirmed that there is no requirement to have a public hearing and that the process permits public input at all levels of the con- sideration, both at the Planning and Development Board level and at the level before the City Commission. He stated that there has never been any restriction on the public's right to speak on any of those items. He suggested a public hearing not be held where the law does not provide for it. Nary Law, a real estate broker at 625 South Federal Highway, requested the Commission to overhaul the Boynton Beach zoning code in the co~'brCial C~istrict. She said the zoning book is a dream book and does not represen6: ~he reality of - 17 - HINUTES - CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 what businesses are in the zoning areas. It does not represent the type of businesses that want to locate in those zoning areas. For example, there are businesses in the commercial district that should be in the M-1 Industrial District and vice versa. In addition, you may not want a particular business that is permitted in the commercial district. She suggested redoing the commer- cial district in the zoning book and initiating some type of flexibility into our outlook regarding the businesses we allow in commercial districts. She stated that the redevelopment of downtown is also a dream that cannot be completed for years and that the City needs to be realistic as to the type of businesses we now have in the downtown area. She felt the City is stagnating the downtown by refusing to allow an open mind to the businesses that want to locate in the downtown. She said the City zoning map does not conform to the City zoning book. Mayor Taylor appreciated Ms. Law's input. He did not believe that some of us are going to continue to wait for a miracle to happen to redevelop downtown. believed we have to take action to make it happen and we are going to have to review the way things have been done in the past and decide how we want to do them in the future. He Dan Winters, 433 S.W. lOth Avenue, represented the Seacrest Property Task Team of Delray Beach. He stated that certain areas of Altantic High School are deplorable. The cafeteria and gymnasium are inadequate. There are poor accom- modations for the wrestling team, and no accommodations for the athletic team. He said there is a piece of property across the street from the school that could be utilized by the school. The Task Team came up with the idea of creating a field house concept on that piece of property that could be used by the various athletic teams starting at 2:30 p.m. He stated that this piece of property could also be used as a south city civic type center on weekends and in the mornings. The Task Team got Palm Beach County to contribute $400,000.00 and the City of Delray Beach to contribute $300,000.00. Mr. Winters is going to approach the School Board tomorrow to ask them to contribute a couple of million dollars. He asked if Boynton Beach would support this idea at least concep- tionally. Commissioner Jaskiewicz agreed that the conditions inside the school are deplorable. She hoped this would be the first thing that is addressed. Conceptionally, Mayor Taylor felt the City of Boynton Beach would support this since many children from Boynton Beach go to Atlantic High School and would benefit from this. No one else wishing to speak, Mayor Taylor declared the public audience closed. VIII, DEVELOPMENT PLANS A, Consent Agenda - Unanimously approved by the Planning and Development Board - 18- HINUTES - CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Project: Agent: Owner: Location: Description: Boynton Beach Trt-Rall Station Joe Handley, Craven Thompson & Associates Tri-County Commuter Rail Authority East side of High Ridge Road and 460 feet north of Gateway Boulevard Parking Lot Variance: Request for relief from Article X - Parking Lots, Section 5-142{h}{7) Driveway, to construct four driveways onto a right- of-way John Handley represented Tri-County Commuter Rail Authority. He stated that there are three items on the agenda this evening that deal with the approval of the Tri-Rail Station. The first item is for a parking lot variance. He dis- played and reviewed the proposed site plan for the expansion of the Tri-Rail Station. Mr. Handley said it is a much needed expansion because the existing parking lot is extremely limited. He tried to separate as much of the vehicular use traffic as possible from the pedestrian traffic. There will be a bus drop off on the outer lane of the main access road and a Kiss-N-Ride on the inner lane. They both come together and come back out onto the access road. There will be one main access drive into the parking lot. Mr. Handley felt is was extremely important to separate the bus traffic from the Kiss-N-Ride traffic. The site plan was designed to provide two large pedestrian corridors so that people can park their cars and get on the sidewalk and not have to cross any other vehicular lanes of traffic. In response to Commissioner Jaskiewicz, Mr. Handley stated that not only is the parking lot lighted, but all the pedestrian areas, entrances, and the station are lighted. Commissioner Rosen referred to the height and density of the trees on the north part of the site. He was concerned with safety. Mr. Handley advised that pur- suant to a contract with Quantum, the applicant needs to provide .6 acres of micrositing which will be fenced off and left alone. The City Forester would like any natural vegetation to remain. Two hundred and eighty pines and oaks on the site are going to be transplanted in the areas that are sparse. The parking 1Qt and the pedestrian areas will be very well lighted. The buffer areas are not going to be lighted. City Manager Parker explained that City Code requires illumination to the one foot candle minimum average light level for the parking lots and the walkway area and the applicant has to submit plans showing that he meets those levels. However, there are no Code requirements with regard to lighting the perimeter that Commissioner Rosen is concerned with. Mr. Handley stated that there is a lot of light spillage that will light this area fairly well, but it was never intended to make this a lighted usage area. Vice Mayor Bradley inquired about the fencing off of the micrositiQg areas. Mr. Handley explained that orange mesh fencing will be used during construction. The fencing will not be permanent. MINUTES - CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Vice Mayor Bradley referred to the height limitation on the lighting. He said there was some discusson about putting the lights 55 feet high. He asked if the height would make a difference in terms of illumination. Mr. Handley said he had originally proposed that the light poles be 55 feet high. However, he was told they had to be lowered to 45 feet. He did not think the intensity of the lighting would be affected by the height of the poles. He stated that the lighting levels are well above the City's requirement because it is a more severe requirement from Tri-Rail to have these areas very well lighted. In response to Mayor Pro Tem Matson, Mr. Handley advised that two entry signs are proposed. One is a directional sign at the corner of High Ridge Road and the access drive. The other is at the entrance to the parking lot. Ms. Heyden stated that the Planning and Development Board and staff recommended approval of the parking lot variance as well as the site plan, subject to the staff comments indicated in her memorandum, dated April 12, 1995, to the City Manager. In response to Vice Mayor Bradley, Mr. Handley indicated that the ingress/egress is adequate and that the traffic issue has already been resolved. In response to Mayor Pro Tem Matson, Mr. Handley advised that the variance for the omission of the greenbelt was unanimously approved. No one wished to speak in favor of or against this application. Therefore, Mayor Taylor delcared the public hearing closed. Motion Mayor Pro Tem Matson moved to approve the request for site plan approval to construct a 629 space parking facility and expanded platform for the Tri-County Commuter Rail Station subject to staff comments. Commissioner Rosen seconded the motion which carried 5-0. Motion Vice Mayor Bradley moved to approve the parking lot variance for the Tri-Rail Station subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried 5-0. Project: Agent: Owner: Location: Description: Boynton Beach Trt-Rail Station Joe Handley, Craven Thompson & Associates Tri-County Commuter Rail Authority East side of High Ridge Road and 460 feet north of Gateway Boulevard Site Plan: Request for site plan approval to construct a 629 space parking facility and expanded platform for the Tri-County Commuter Rail station (This item was approved. See discussion and motion under Item VIII.A.i~) - 20 - ~' MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Project: Agent: Owner: Location: Description: Palm Beach Lelsurevllle Recreation I Michael P. Corbett Palm Beach Leisureville, Inc. 1007 Ocean Drive Major Site Plan Modification: Request to amend the previously approved site plan to construct a 1,685 square foot office addition to the recreation building Michael Corbett represented Palm Beach Leisureville in the expansion of their recreational building. He stated that the majority of the people who use this building are retired walk-in people. No employees are being added to the staff and no units are being added to the development. He concurred with the staff comments, but reserved the right to return and request a waiver of the parking space requirements. No one wished to speak in favor of or against this application. Therefore, Mayor Taylor declared the public hearing closed. Motion Mayor Pro Tem Matson moved to amend the previously approved site plan for Palm Beach Leisureville Recreation I to construct a 1,685 square foot office addition to the recreation building subject to staff comments. Commissioner Rosen seconded the motion which carried 5-0. At this point in the meeting, Mayor Taylor recognized County Commissioner Mary McCarty and her husband in the audience and welcomed them to Boynton Beach. B, Non-Consent Agenda - Not unanimously approved by the Planntng and Development Board Project: Agent: Owner: Location: Description: Shoppes of Woolbrtght PCD - TABLED CCL Consultants, Inc. Howard R. Scharlin, Trustee Northside of Woolbright Road, east of the L.W.D.D. E-4 Canal Master Plan Modification: Request to modify the previously approved master plan to subdivide out- building 3 into .895 acres, revise the outbuilding sizes {outbuilding 1 from 4,300 to 6,920 square feet; outbuilding 2 from 5,000 square feet to 5,755 square feet and outbuilding 3 from two-stories and 6,000 square feet to one-story and 2,625 square feet}, add a driveway on the east side of S.W. 8th Street, 400 feet north of Woolbright Road, relocate the existing driveway on S.W. 8th StreQi, 1gO feet - 21 - HIHUTE$ - CITY COHHISSION HEETING BOYNTOH BEACH, FLORIDA APRIL 18, 1995 to 260 feet north of Woolbright Road and provide a median cut on S.W. 8th Street for the relocated driveway City Manager Parker advised that staff recommended keeping this item on the table since an agreement has not yet been finalized. ® Project: Agent: Location: Description: Tara Oaks PUD - TABLED Kieran Kilday Northeast corner of Knuth Road extended and Woolbright Road Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption/certification City Manager Parker advised that this item is ready to come off the table. Hotlon Mayor Pro Tem Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried 5-0. The owner of the subject property, Bill Winchester, his attorney Michael Schroeder, and Tim Hernandez of Pulte Homes were present. Mr. Kilday represented Bill Winchester, the owner of the Tara Oaks PUD property. He stated that the.property is a very large linear piece of property located to the east of Quail Ridge and to the south of the project originally known as Stonehaven. The property extends all the way down to Woolbright Road. As part of the conditions of approval, a culvert crossing has been constructed over the canal which will' allow access to the property from Woolbright Road. The project as it currently exists was approved after extensive public hearings in 1990, with final approval occurring in December, 1990. About the time it got through the approval process, the economic condition of the real estate industry deteriorated and the owner of the property has been struggling with the prop- erty. Previous extensions have been approved for this project with very little activity in the last year or so. The project sat there dormant and no exten- sions were requested until this past year. The project was approved with a medium land use density and 192 two-story garden apartments as well as a church on the south portion of the site. Mr. Kilday advised that the owner and his attorney diligently tried to move ahead. Various activities occurred on the site, the most significant of which was that the right-of-way for Knuth Road along that entire f~°ntage was dedi- cated to the City and is now the necessary right-of-way to ai]ow for the ' construction of Knuth Road. Permits were issued for the clearing of the right- HZNUTE$ - CITY COHHISSION NEETING BOYNTOH BEACH, FLORIDA APRIL 18, 1995 of-way and that clearing has taken place. Permits were issued from the Lake Worth Drainage District to install a culvert crossing at the south end of the property. The culvert crossing is now place. Road construction funds were placed in escrow to allow for the first phase of Knuth Road to be constructed alongside the site for the proposed church. In fact, the site of the church was sold to a church who intends to build a church on that property. Mr. Kilday stated that the owner did as much as he could without having a residential user for the balance of the site. Mr. Kilday discussed some issues that arose at the Technical Review Committee meeting. He said he asked for an indefinite time extension because they have been approved previously. However, the TRC recommended an 18 month extension, which he felt was more than adequate. He advised that a new traffic report was submitted to the City and the County, and this project meets the 1995 con- currency standards of Palm Beach County. Mr. Kilday advised that negotiations have been finalized and Pulte Homes intends to develop this property. However, they would like to develop townhouses (for sale units) on the site instead of garden apartments (rentals). He said Pulte Homes intends to submit an amended master plan within the next four months, assuming a time extension is approved. Mr. Kilday stated that significant negotiations were made with the surrounding developments. Based upon the approval in place, there is an existing agreement with the Stonehaven Homeowners' Association (the Banyan Creek single-family area to the north) to provide a 40 foot setback from the property line and the clo- sest building, a 25 foot buffer on the south side of the canal, and to construct a masonry wall on the north side of the canal and the installation of landscaping on the north side of the wall. This agreement will stay in place with the new development. Mr. Kilday stated that the second half of the Stonehaven PUD was a multi-family project with 288 units on 30 acres. Therefore, the density of that portion of Stonehaven south of the canal is 9.6 units per acre, consistent with the approv- al of 9.5. The Clipper Cove Apartments is moderate density which allowed up to 7.26 units per acre. The property to the south (the Lakes of Tara PUD) is the lowest density and is single-family homes on zero lot lines with a density of 3.8 units per acre. The plan that was previously approved had the residential element to the plan, extending from southwest Congress Avenue north, and the land to the south of this road was the land set aside for the church. An agreement was made that southwest Congress Avenue, which in previous plans was going to extend to Knuth Road, be terminated at this point. Therefore, the access to this property will be from Knuth Road. As a condition of approval, Knuth Road would be constructed and would be a reliever/collector within the City and is subject to impact fee credits. The road between this project and the other two projects (the Knuth Road PCD and the Boynton Beach Boulevard PCD) will extend from Woolbright Road to Boynton Beach BOulevard. There is also an approved new alignment in the County that at some point when the land between - 23 - #INUTE$ - CITY COI~ISSION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Boynton Beach Boulevard and the mall gets developed, Knuth Road would swing slightly to the east and would enter at the westerly mall entrance and be aligned to that. In response to Mayor Pro Tem Matson, Mr. Kilday advised that the units will be attached townhouse units, They will be two stories with a fee simple ownership. Mayor Pro Tem Matson commended Mr. Kilday for anticipating the residents' problem and taking the time to meet with the homeowners before appearing before the Commission. Vice Mayor Bradley did not foresee a problem with approving a limited time extension; however, he desired that the density would be lowered. Mr. Kilday stated that the contract with Pulte Homes is based on the 192 units. He pointed out that the Commission will have a chance to review the plan. He also pointed out that the unit count is within the medium range, on the top end. He felt Pulte Homes should be given the opportunity to work on the master plan to see how the units work out. City Attorney Cherof asked Mr. Kilday if a previous extension had been granted on this property. Mr. Kilday answered affirmatively. City Attorney Cherof asked him when it expired. Mr. Kilday said it expired in June of 1993. City Attorney Cherof asked if this application for an extension was made before or after the expiration date. Mr. Kilday said it was made after the expiration date. City Attorney Cherof asked him for an explanation as to why the applica- tion for extension was not made during the pendency of the previous application and extension. Mr. Kilday said there was a lot of confusion, some of which was in his office, as to whether we used up all our extensions at that point in time. City Attorney Cherof asked Mr. Kilday if he or any of the people with him tonight know what the fair market value of the property is. Mr. Kilday did not know the fair market value of the property. He assumed that the people with him know the fair market value. However, he was not sure they want to announce it to the world tonight. City Attorney Cherof asked Mr. Kilday if he anticipates, in conjuntion with the sale of'the property to Pulte Homes, that a master plan modification will be offered to the City. Mr. Kilday answered affirmatively and stated that it will be submitted very shortly. Ms. Heyden stated that the PUD master plan and zoning that was approved in 1990 expired with a medium density residential land use category on it. The request at that time was inconsistent with the Comprehensive Plan; therefore, staff recommended denial. However, the City Commission approved it and accordingly, the Comprehensive Plan was amended. Ms. Heyden advised that strict reading of the Code states that retroactive time extensions cannot be processed. They must be submitted timely. Before they - 24 - NINUTE$ - CITY COHHI$SION #EETING BOYNTOH BEACH, FLORZDA APRIL 18, 1995 expire, an application must be submitted to the Planning and Zoning Department. However, the TRC recommended approval until June 18, 1996. The significance of that date is that the Evaluation and Appraisal Report of our Comprehensive Plan is due before this date. It has to be adopted by August of 1996. Therefore, well before that time, staff will have identified vacant properties in the City for any changes that have occurred on them or the necessity to make changes on the land use. Also, concurrency will be met at the next stage in the process. Jonathan Dwork, 154 Orange Drive, liked this project. Howver, he felt the den- sity might be different and, therefore, it should be treated as a new applica- tion. He stated that the City has been approving concurrency exemptions when they do not have the authority to do so. City Manager Parker stated that the two issues before the Commission tonight are the time extension and concurrency. Pursuant to the. new Land Development Regulations, the City required an updated traffic study. The updated traffic study showed that this item meets concurrency as of today. Therefore, the applicant is not requesting concurrency exemption because it meets current con- currency standards. Pursuant to the new procedures, if an application is more than six months old, the City will request an updated traffic study and provide that traffic data information to the Commission as part of the application pro- cess. City Attorney Cherof stated that Appendix A of the Code deals with zoning issues and states that if the 18 months expires, the Commission has the authority to grant an extension for one year or more or to extend the zoning of the property indefinitely or, alternatively, the Commission can direct the City Manager to file an application for a more restrictive zoning district and/or Future Land Use Map category. Vice Mayor Bradley asked at what time the issue of density could be discussed. Mr. Kilday said the extension would allow the applicant to file a modification of the master plan, which the Commission would have to approve. He said density could be discussed at that time. City Manager Parker disagreed with Mr. Kilday's interpretation. She stated that at this point, a master plan modification cannot be filed. However, if the Commission approves the time extension, the maximum density allowed under the medium designation is 9.68. She did not believe staff would have any ability to request a lower density on the site if the applicant came in to meet the code requirements of 9.68 and all other building code requirements and setbacks etc. ' City Manager Parker suggested several options. The applicant could be given a very short-term time extension to allow him to submit a master plan and go through an approval process; they could be given another three months to work out a lower density; or this item can be tabled and she can discuss density with the applicant, at the Commission's direction. She pointed out that the new owner may need a chance to review the situation from a financial land use planning situation. - 25 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Mr. Kilday advised that he does not need an 18 month time extension, but he felt a three month time extension would probably be cutting it close. He felt a safe time extension would be nine months. He would like to look at the overall plan and decide whether a density reduction is necessary. Vice Mayor Bradley asked Mr. Kilday how he felt about City Manager Parker's suggestion to table this item and try to reach a compromise with regard to the density. Mr. Kilday stated that density had not been an issue until now. He preferred to present a master plan to the Commission. He pointed out that the Commission does not have to approve the master plan if they are unhappy with the density on it. He also pointed out that even without an extension, given the medium land use density, they could come in at that same density and the same issue would be applicable. Michael Schroeder, attorney for Bill Winchester, advised that this property has been marketed since 1989/1990 without success. It is not a very well-shaped piece of property. It is very long and narrow and it is very difficult to lay it out. A buyer was finally able to be found and a contract has been signed. However, in order to get Pulte Homes to sign the contract, a condition was made that they would be able to built 192 townhouse units on the property. Mr. Schroeder said Pulte Homes puts out a top quality product which would be a great addition to the City. He felt the neighbors would be much happier with this product than with two-story rentals. He was concerned about losing this project if density is lowered. He felt it would be shortsighted of the City to lose this.opportunity, not just because of the quality of the product, but because this would be the first step towards getting Knuth Road built. He pointed out that other projects along this corridor that were approved in the past were not required to build their portion of Knuth Road. Tim Hernandez, Vice President of the South Florida division of the Pulte Homes Corporation, stated that he cannot make this product work at a lower density because the property is difficult to work with. He advised that the people that Pulte Homes envisions buying these townhouses are young professionals whose income ranges between $30,000.00 and $50,000.00 a year. He stated that the price of the land is not the driving factor in the economic feasibility of this deal. The factors include the per unit cost of constructing Knuth Road, the per unit cost of constructing recreational amenities for this community, the infra- structure, including the lake retention, and relocating the gopher tortoises. He felt this community will be an asset to the City of Boynton Beach. He said he may need 192 units to make this work. He assured the Commission that if he does get 192 units on the site, it is going to be done with all the proper land- scaping, buffers, and entry features. It will be attractive and appealling. He stated that if he needs to, he will drop a few units to make it work. However, he could not say anymore at this point without having gone through the whole site plan process. Vice Mayor Bradley felt it will be a good product and the project will be a nice addition to the City. He appreciated Mr. Hernandez' willingness to at least consider a lower density. He asked if the appliCant would agree to a seven month extension. - 26 - NINUTE$ - CITY C01~4I$$ION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Mr. Hernandez was agreeable to a seven month extension if staff and the Commission could assure him that he would be able to go through the process in that period of time. Mayor Pro Tem Matson pointed out that Pulte Homes did a remarkable job in reha- bilitating the Meadows. She was in favor of granting an extension for nine months. Mr. Kilday was agreeable to a nine month extension. He pointed out that some permits also have to be obtained from outside the City and sometimes there are delays. He was also agreeable to a seven month extension if further small extensions would be allowed to get the applicant to platting. Mayor Taylor was not really in favor of granting extensions. He cautioned the applicant to ask for whatever time he feel he needs now so that he does not have to ask for another time extension. Mr. Kilday felt comfortable that nine months would cover any contingencies and prevent him from having to come back to the Commission. Notion Mayor Pro Tem Matson moved to approve the request of the Tara Oaks PUD retroac- tive extension from June 18, 1993 to April 18, 1995 with a nine month time extension for zoning/master plan approval. Commissioner Jaskiewicz seconded the motion which carried 5-0. 3. Project: Agent: Location: Description: Knuth Road PCD - TABLED Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that this item remain tabled for an additional 30 days in order to address some concurrency issues that the Planning and Development Board wanted addressed. e Project: Agent: Location: Description: Boynton Beach Boulevard PCD - TABLED Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that this item remain tabled for an additional 30 days in order to address some concurrency issues that~the Planning and Development Board wanted addressed. - 27 - NINUTES - CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Project: Agent: Owner: Location: Description: Boynton Beach Trl-Rail Station Joe Handley, Craven Thompson & Associates Tri-County Commuter Rail Authority East side of High Ridge Road and 460 feet north of Gateway Boulevard Landscape Appeal: Request for relief from Article II - Landscape Code, Section 7.5-35{e) to omit landscaping along an interior lot line used for vehicular use Mr. Handley displayed the site plan and indicated the area where the landscape appeal is being requested. He stated that a hedge is required along the prop- erty line to separate the Tri-Rail Station from the parking lot because they are two separate parcels. He stated that this cannot be done because the parking, vehicular use areas and pedestrian paths cross that line. No one in the audience wished to speak in favor of or against this request. TherefOre, Mayor Taylor declared the public hearing closed. Notion Vice Mayor Bradley moved to approve the request for relief of Article II, Landscape Code, Section 7.5-35{e) to omit landscaping along an interior lot line used for vehicular use, subject to staff comments. Commissioner Rosen seconded the motion which carried 5-D. Project: Agent: Owner: Location: Description: Denny's Restaurant Louis Fenkell, Capital Signs Denny's 2201 South Federal Highway Community Design Plan Appeal: Request for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting Louis Fenkell requested approval of two types of exterior building lighting. One is an exterior band of green illuminated channel wrapping the roofline of the building. The other is for white fluorescent lighting which downwashes the building and does not project out. Ms. Heyden advised that the Community Design Plan states that lighting attached to the form of the exterior of the bui,lding or part of the building exterior or, visible from the exterior of the building shall not be permitted if it is contrary to the architectural style of the building. Staff feels that the covered neon lighting around the perimeter of the roof of the building, which is appropriate to an art deco style, is contrary to the architectural style of the Denny's building. Staff views exterior lighting more as a form of signage rather than a building element. However, the fluorescent lighting around the fascia and soffit, which is not going to be exposed, is acceptable to staff. It not only serves to accentuate the building, but it serves as lighting for the - 28 - HINUTE$ - CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA APRIL ~8, ~995 sidewalk below. The Planning and Development Board voted 4-2 for denial. They felt there needs to be consistency from project to project and felt it should either be denied or approved. Ms. Heyden felt it was her role to minimize the use of neon rather than just flat out deny it. She felt it has a place and you have to look at it on a case by case basis. She asked for direction regarding neon or any kind of exterior lighting. Mr. Fenkell advised that 1,600 Denny's Restaurants are being done with exposed neon lighting. He stated that Mike Haag of the Planning and Zoning Department advised him that the City would not be too pleased with neon lighting. Therefore, Mr. Fenkell changed the concept and went with a U channel with a green lens. It is internally illuminated with neon, but fluorescent lighting could have been used. The only reason fluorscent lighting was. not used is because there would be a break in the illumination between lamps. Therefore, neon was used. It is not visible or exposed. It is the same thing that Burger King, McDonald's and Shell Gas Station use. Mayor Pro Tem Matson recalled the last two projects that came before the Commission for use of neon lighting. One of them was Checkers. The neon on Checkers was shielded the same way this is going to be shielded on Denny's. The other project was Miami Subs. Ms. Heyden advised that approval of the use of neon on Miami Subs was conditioned upon the neon being limited to the arch and certain sides of the building that did not face the residences. Mayor Pro Tem Matson agreed with Ms. Heyden that neon should be looked at on a case by case basis. She did not have a problem with this request. Mr. Fenkell pointed out that this already exists in the City. The individual channel letters that illuminate over storefronts are identical to what is being proposed. Those letters are internally illuminated with neon with a plastic lens over it. He pointed out that Checkers uses a clear lens over some of the neon so that you see the neon. Mayor Pro Tem Matson pointed out that technology has changed since 1986 and a lot of our codes are archaic. She did not have a problem with the neon as long as it is shielded. In response to Commissioner Jaskiewicz, Mr. Fenkell stated that all the Denny's Restaurants have exposed neon; therefore, there isn't one with covered neon that she could go to look at. City Manager Parker stated that the neon on Checkers located at Boynton Beach Boulevard and Old Boynton Road is similar to the neon proposed for the Denny's. Commissioner Rosen was in favor of staff's recommendations to deny the roof edge covered neon and approve the soffit-mounted strip fluorescent lighting subject to the lights being white and enclosed with a white translucent cover. Commissioner Jaskiewicz agreed. Mr. Fenkell stated that the colors of the building coordinate with the green. The roof will be green and the cover over the neon will be green. Beige and - 29 - NINUTES - CITY COI~ISSION NEETING BOYNTOH BEACH, FLORIDA APRIL 18, 1995 green are the primary colors of the building. The neon was not put there as signage. In response to Mayor Taylor, Ms. Heyden believes there are short-term efficien- cies to the west of Denny's. Motion Commissioner Rosen moved to approve staff's recommendation. Vice Mayor Bradley seconded the motion. Substantive Notion Commissioner Jaskiewicz moved to table this item until the next regular City Commission to visit Checkers to see what it looks like. The motion died for lack of a second. The motion carried 3-2. Mayor Pro Tem Matson and Commissioner Jaskiewicz cast the dissenting votes. Project: Agent: Location: Description: Miami Subs Joe Marouf 1920 South Federal Highway Community Design Plan Appeal: Request for relief from Section 10.F.6 of the Community Design Plan regarding exterior lighting Joe Marouf, owner/operator of Miami Subs, stated that neon is a trademark of Miami Subs and that this is the only Miami Subs building that does not have neon. The neon will match the color on the trim of the building. It will be appealling and will provide additional lighting during the late business hours. He concurred with staff's recommendations. Frank Houston, 600 N.W. 10 Court, said he purposely brings his guests to his house via Congress Avenue because he is very proud of how it looks. He stated that Congress Avenue should be an example for all the streets in the City. He was opposed to allowing neon on Congress Avenue. He said it is by far the most decent street in the City and he urged the Commission to keep it that way. It was pointed out to Mr. Marouf that the Miami Subs in question is located on South Federal Highway, not on Congress Avenue. City Manager Parker pointed out that this same recommendation was approved by the previous Commission for the Miami Subs building located on Congress Avenue. No one else wished to speak in favor of or against this matter. Therefore, Mayor Taylor declared the public audience closed. In response to Vice Mayor Bradley, City Manager Parker stated that the reason staff recommended approval is because this is consistent with the previous direction from the City Commission, spearheaded by Commissioner Jose Aguila. - 30 - NINUTES - CITY CON#ISSION #EETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 In response to Vice Mayor Bradley, City Manager Parker explained that at the request of the previous Commission, the Community Design Plan was made less stringent and now requires more of a professional opinion from staff and the Commission's opinion. Notion Vice Mayor Bradley moved to approve the Community Design Plan appeal for Miami Subs. Mayor Pro Tem Matson seconded the motion which carried 4-0. Commissioner Rosen was not present at this time. Mayor Taylor thinks staff and the Planning and Development Board are doing their very best to give direction to the Commission. He stated that sometimes the Commission does not take their advice. However, this in no way should indicate that the Commission does not appreciate what they are doing. 8. Project: Agent: Owner: Location: Description: Boynton C~nmerce Center PID Peter Reed, MIG Management Services of Florida, Inc. Boynton Commerce Center, Ltd. Southside of Woolbright Road, 100 feet west of 1-95 Use Approval: Request to amend the list of per- mitted uses for the Boynton Commerce Center to allow wholesale distribution, retail, repair and assembly of lawn maintenance equipment City Manager Parker asked if the Commission wished to table this item, since the applicant was not present. City Attorney Cherof said the initial burden is on the applicant to present the basis for the request they are making. In their absence, there is no way to establish what they want and why they want it. Notion Mayor Pro Tem Matson moved to table the Boynton Commerce Center PID. Vice Mayor Bradley seconded the motion which carried 5-0. C, Other None. IX, NEW BUSINESS A, Items for discussion requested by Nayor T~lor 1, Elimination of run-off elections Mayor Taylor referred to Memorandum #95-43 from City Clerk Sue Kruse regarding the history of run-off elections. In her memo, she advised that six run-off elections were held since 1984. Eight candidates were involved, and six of them won both the general elections and the run-off elections. - 31 - H]NUTE$ - CITY COHH~$$~OH HEET~NG BOYNTON BEACH, FLORIDA APRIL 18, 1995 Mayor Taylor said many people indicated to him that run-off elections were a waste of money. He asked if the Commission would like to give the voting public the opportunity to vote on eliminating run-off elections or adjusting the per- centages if there are more than two candidates. Taking into consideration Mrs. Kruse's memo, Mayor Pro Tem Matson felt it was a good idea to eliminate run-off elections. She pointed out that most of the surrounding cities have eliminated them and it would be a savings to the tax- payers. She also pointed out that the County approved an election in November. Therefore, this could put be on the November ballot without any cost to the City. City Attorney Cherof recommended against putting two options on the ballot because it may confuse the voters or they may approve both versions. After further discussion, it was the consensus of the Commission to workshop this matter on Thursday, May 11, 1995 at 6:30 p.m. 2, Term limits for C~mmlsstoners Mayor Taylor stated that there has been some discussion that two 2-year terms were not very effective. Commissioner Jaskiewicz shared the following research with regard to the surrounding areas: Boca Raton - 2 year terms/maximum of 6 years Delray Beach - 2 year terms/maximum of 6 years Greenacres - 2 year terms/unlimited Lake Worth - 2 year terms/unlimited Lantana - 3 year terms/unlimited Palm Beach Gardens - 3 year terms/unlimited Royal Palm Beach - 2 year terms/unlimited West Palm Beach - 2 year terms/unlimited Vice Mayor Bradley felt two-year terms are not a good idea because you have to have an election every year and it is expensive. In addition, a Commission never exists in totality for more than one year without new members coming on board. The idea that we could have a period of time where a Commission could be working together, uninterrupted by elections, appealled to him. He was in favor of two 3-year terms. Commissioner Rosen was also in favor of two 3-year terms. He stated that the first year someone is elected is spent on learning his or her job, and the second year is spent on running for office. Commissioner Jaskiewicz also was in favor of two 3-year terms. Mayor Pro Tem Matson wished to abstain from voting because she is the only per- son this will affect. She said she used to believe very strongly in term limits - 32 - NINUTE$ - CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 on the local level. However, through her league work and through what has been accomplished in the City, she felt that a lack of continuity is very bad for a City. She felt that in limiting the number of times a citizen can vote for you abrogates their property rights and the candidates' property rights. She would not want to usurp anybody's rights. She stated that we need to take into con- sideration how this will affect everyone sitting on the Commission now because their terms cannot be extended. Mayor Taylor stated that if this is put on the March ballot, it will not affect Mayor Pro Tem Matson. Vice Mayor Bradley felt the wisest choice would be to put this on the ballot in a form that would exclude any of us from benefiting from it until we sit out for a year. He agreed with Mayor Pro Tem Matson that there is definitely an area to avoid so that it is not self-serving. Mayor Taylor suggested three 2-year terms. Mayor Pro Tem Matson felt three 2-year terms would eliminate any appearance of anybody being self-serving. It was the consensus of the Commission to discuss this matter further at the workshop on May 11, 1995. 3, Update on County Civic Center Mayor Taylor advised that the County is considering several sites in Palm Beach County for a convention center. He received a call late last week from Bill Knight, who requested him to team up with the Mayors of Detray Beach and Boca Raton and Chamber officials as a unified front at a press conference in support of putting the site in Boca Raton. Mayor Taylor participated in that press con- ference this morning and spoke of the unity the three cities had and how it would be beneficial to locate the center in South Palm Beach County. Mayor Taylor explained that due to the timing, he was not able to contact the other members of the Commission. However, he did not think they would object to what he did. Mayor Pro Tem Matson thanked Mayor Taylor for representing the Commission as well as he does. B, Items for discussion requested by Vice Mayor Bradley 1, Consider combining Education Advisory Board and Children and Youth Advisory Board This item was deleted from the agenda. - 33 - MINUTES - CITY COI~ISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 C. [rems for discussion requested b~ N~yor Pro TemNatson 1. Professional service contracts Mayor Pro Tem Matson stated that the City Manager and City Attorney are contract employees. Every other year, three officials are elected. The City Attorney and City Manager can be hired or fired at the whim of three elected officials, which at times is unsettling for the Commission and the department heads. She did not feel this was in the best interests of the City and proposed the concept of a super majority vote to protect the interests of the residents and the department heads. Commissioner Jaskiewicz agreed with the concept of super majority. In response to Commissioner Rosen, Mayor Pro Tem Matson advised that any three elected officials can terminate the City Manager's or City Attorney's contract. City Attorney Cherof advised that he does not have a contract and that he serves at the discretion of the Commission. City Manager Parker advised that she has a contract and there is a severance provision in it for her protection. She stated that she is fully aware of the terms of the contract and has no problems with it. It was the consensus of the Commission to discuss this matter at the workshop meeting on May 11, 1995. 2, Report on Legislative Action De31Tallah~ssee Mayor Pro Tem Matson stated that every year the Florida League of Cities puts together a Legislative Action Day and elected officials are invited to go to Tallahassee and lobby their legislators. She recently spent three days in Tallahassee as Chair of Intergovernmental Relations lobbying our legislative delegation on several issues that are important to her committee. She had a chance to sit down with Representatives Frankel, Merchant, Healey, Jacobs, Klein and Andrews. A local government study commission is being pro- posed. The last one was held twenty years ago and we are looking for minor appropriations for a two-year study which will deal with cities, counties and special districts, and governments changing responsibilities, resources and intergovernmental relationships. *Also, there was lobbying for the Sidowsky Affordable Housing Act. We had to remind our elected officials that this is the year that the second 10¢ of doc stamps was going to be used for affordable housing and we had to remind many the elected officials that this is just a shifting of funds and not a tax increase. We also lobbied extensively on the presumptive illness issue. There is a House Bill and a Senate Bill which states that there are certain diseases that are presumed. If an employee comes down with these diseases (AIDS, tuberculosis, - 34 - *Sadowski NINUTES - CITY COHHISSION NEETING BOYNTOH BEACH, FLORIDA APRIL 18, 1995 high blood pressure, etc.), it is automatically assumed that it was job related. The Florida League of Cities and the Municipal League is fighting that because they feel that this is usurping the cities' home rule; that this is something that cities bargain with their unions and that it is basically an unfunded man- date and that every city should make that decision on their own rather than the Legislature mandating these exorbitant insurance costs. Post Office Advisory Council Update .Mayor Pro Tem Matson sits on this Council. She advised that the contract sta- tion in the mall (right outside J. C. Penneys) is doing very well. People can have mail service on Sundays if they go into the contract station. Stamps are now available by FAX, but it is not applicable in the 33462 pocket because the mail is being delivered by the Lantana Post Office. Unfortunately, the flyer that was sent out on this, and the flyer on the contract station, did not come into our district because we are in that armpit of 33462. There will be an increase in international postage rates in June. Starting on July 7th, both facilities on Boynton Beach Boulevard are implementing a debit and credit system whereby you can use credit cards at the post office. 4, Reconsideration of application of Gulf Stream Lumber Company for abandonment of S,E, 2nd Street It has come to Mayor Pro Tem Matson's attention that Gulf Stream Lumber now owns all the property abutting the requested abandoned area and that there are no other property rights that will be involved. If abandoned, the area will return 15,000 square feet to the tax roll and all public utility rights will be pre- served. Notion Mayor Pro Tem Matson moved to reconsider the application of Gulf Stream Lumber Company for abandonment of S.E. 2nd Street. Vice Mayor Bradley seconded the motion which carried 5-0. City Attorney Cherof advised that this item will be placed on the May 2, 1995 agenda for consideration. D, Items for discussion requested by Commissioner Oasktewicz 1, Reconsideration of Qulk Arrival Towing issue Notion commissioner Jaskiewicz moved to place on the May 2, 1995 City Commission agenda the reconsideration of the Quik Arrival Towing issue. Mayor Pro Tem Matson seconded the motion. Commissioner Rosen requested that Donald McGeehan be present at that meeting. - 35 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 The motion carried 3-2. Vice Mayor Bradley and Commissioner Rosen cast the dissenting votes. E, Approval for storage building for P,A,L, Program at Ezell Hester Park City Manager Parker advised that she received a request from Gene Moore, who is volunteering to spearhead an effort to construct a storage building at Ezell Hester Park for the Police Athletic League Program. He is seeking approval at this point in time. He does not have the funding in place. If the City Commission approves this, he will go out and try to raise the funding to construct this equipment storage facility. Mayor Taylor inquired about the cost estimate for the City to maintain this building, e.g., utilities and air conditioning. City Manager Parker did not have a cost estimate at this time. She stated that it would come out of the Parks and Recreation budget next Year. The building would probably not be constructed and operational until just prior to the next fiscal year. Mayor Taylor felt this building is needed and stated that it was excellent that it will be constructed for free. Motion Commissioner Jaskiewicz moved to approve the storage building for the Police Athletic League Program at Ezell Hester Park, contingent on raising the necessary funds. Commissioner Rosen seconded the motion which carried 5-0. F, CommlsslonWOrkshops Commissioner Rosen felt that Commission workshops are needed in order to be ,reactive rather than proactive. He suggested that the Commission meet once or twice a month on a regular basis to discuss items that would be beneficial to the City, such as short and long-term planning and increasing the tax base. In response to Commissioner Jaskiewicz, City Attorney Cherof advised that the workshop meetings would be conducted like regular City Commission meetings, but more suitable to a round table type of discussion. They would be open to the public and press, and all the items the Commission wishes to discuss would have to be on the agenda. Mayor Pro Tem Matson had no objection to having workshops as long as it is stip- ulated that attendance at these workshops is not a requirement. She advised that she is involved in eight other meetings each month that she regularly attends on behalf of the City. She believes in workshops when there is an agen- da. However, she was opposed to holding workshops just to discuss how to increase the tax base. *"proactive rather than reactive." - 36 - M~NUTES - CITY COHH[$S]ON MEETING BOYNTOH BEACH, FLORIDA APRIL 18, 1995 Commissioner Jaskiewicz suggested that appointments to advisory boards be discussed at the workshops so that they can be presented at the regular City Commission meetings in an expeditious manner. It was the consensus of the Commission to hold Commission Workshops once a month. The first workshop will be held on Thursday, May 11, 1995, at 6:30 p.m. The items on the agenda will be as follows: Run-off Elections Term Limits of Commissioners Professional Service Contracts Ordinance Requiring EXisting Commercial Businesses to Install Landscaping {See discussion under Item XI.A.} City Manager Parker will have an agenda prepared no later May 8, 1995. X, LEGAL A, Ordinances - 2nd Reading - Public Hearing None. B, Ordinances - 1st Readlng Proposed Ordinance No, 095-05 Re: Amending Article II, Fire Codes, Section 9-15 providing for the adoption of the Life Safety Code, 1994 Edition in its entirety City Attorney Cherof read Proposed Ordinance No. 095-06 by title only. Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-06 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 2. Proposed Ordinance Ho, 095-07 Re: Amend Land Use Element of the Comprehensive Plan - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-07 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-07 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 3. Proposed Ordinance No, 095-08 Re: Rezoning - Main Street Car Wash City Attorney Cherof read Proposed Ordinance No. 095-08 by title only. - 37 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-08 on first reading. Mayor Pro Tem Matson seconded the motion which carried 5-0. 4. Proposed Ordinance No, 095-09 Re: Rezoning Lot 9 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-09 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-09 on first reading. Vice Mayor Bradley seconded the motion which carried 5-0. 5. Proposed Ordinance No, 095-10 Re: Rezoning Lot 10 - Palm Beach County Club Estates - N.E. 8th Avenue City Attorney Cherof read Proposed Ordinance No. 095-10 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-10 on first reading. Commissioner JaskiewiCz seconded the motion which carried 5-0. C. Resolutions 1. Proposed Resolution No,, R95-45 Re: Amend fees for land develop- ment related activities in the City of Boynton Beach ....... TABLED City Attorney Cherof read Proposed Resolution R95-45 by title only. City Manager Parker advised that this item is ready to be taken off the table. Motion Mayor Pro Tem Matson moved to remove Proposed Resolution No. R95-45 from the table. Vice Mayor Bradley seconded the motion which carried 5-0. City Manager Parker advised that publication and postage fees were added to the land development fees, as discussed at the previous meeting. A fee for bad checks was also added. The revisions were published and the date of the adop- tion of the ordinance was changed. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. 095-45. Commissioner Rosen seconded the motion which carried 5-0. - 38 - NINUTE$- CITY CONNI$$ION NEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 ® Proposed Resolution No. R95-63 Re: Authorize execution of LoCal Option Gas Tax Interlocal Agreement and Amendment between Palm Beach County and the City of Boynton Beach City Attorney Cherof read Proposed Resolution No. R95-63 by title only. City Manager Parker advised that this is the agreement dealing with the split on the gas tax and that this is in conjunction with the Municipal League discussion and approval. Notlon Vice Mayor Bradley moved to approve Proposed Resolution No. R95-63. Mayor Pro Tem Matson seconded the motion which carried 5-0. Proposed Resolution No, R95-64 Re: Authorize execution of Subordination of Utility Easement from Palm Beach County for Coconut Lane/Flavor Pict Road Project City Attorney Cherof read Proposed Resolution No. R95-64 by title only. Notion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R95-64. Mayor Pro Tem Matson seconded the motion which carried 5-0. 0 Proposed Resolution No, R95-65 Re: Authorize execution of agreement between the City of Boynton Beach and Howard Scharlin, Trustee for Woolbright Place, Joint Venture (Tradewinds) City Manager Parker stated that staff is requesting that this item be tabled. She advised that this would go along with the Tradewinds agreement which we have not yet been able to finalize. Notion Mayor Pro Tem Matson moved to table Proposed Resolution No. R95-65. Commissioner Jaskiewicz seconded the motion which carried 5-0. 5. Proposed Resolution No, R95-66 Re: Abandonment of temporary utility easement - Tradewinds City Attorney Cherof read Proposed Resolution R95-66 by title only. He advised that this abandons a portion of the temporary utility easement, but preserves and redesignates a remaining portion as a continuing temporary utility easement. #otton Mayor Pro Tem Matson moved to approve Proposed Resolution No. 095-66. Vice Mayor Bradley seconded the motion which carried 5-0. - 39 - ~t MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 B® Proposed Resolution No. R95-67 Re: Authorize execution of Community Reinvestment Program Agreement with specific lenders, providing assistance to residents for rehabilitation of distressed areas of the City City Attorney Cherof read Proposed Resolution No. R9§-67 by title only. City Manager Parker advised that staff is very excited about this program. Staff has been working with eight local banks for about a year to develop an agreement to allow the residents in the Community Redevelopment Area to receive certain incentives from these banks to reinvest in their homes. The banks are sponsoring a workshop tomorrow night at Poinciana to kick off this program. Mayor Taylor pointed out that this has been very successful in other cities. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-$7. Vice Mayor Bradley seconded the motion which carried 5-0. Proposed Resolution No. R95-$8 Re: Authorize execution of Agreement between the City of Boynton Beach and the Office of the United States Attorney for the Southern District of Florida, the United States Department of Justice for the use of modular trailer units City Attorney Cherof read Proposed Resolution No. R95-68 by title only. Notion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-68. Mayor Pro Tem Matson seconded the motion. In response to Mayor Taylor, City Manager Parker advised that the City is trying to acquire two surplus trailers that were used in Homestead after Hurricane Andrew hit. The City is putting in a bid, along with many other cities. Captain Steve Grenier of the Boynton Beach Police Department advised that he was in contact with them today and was informed that the City was awarded the two trailers that they had picked out. In response to Commissioner Jaskiewicz, City Manager Parker advised that one of the trailers will be placed at the Rolling Green Municipal Complex. A location for the second trailer has not yet been designated. The motion carried 5-0. - 40 - NINUTES - CITY CONNI$SION #EETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 8. Proposed Resolution No. R95-$9 Re: Authorize execution of special warranty deed for the Infill Construction Project City Attorney Cherof read Proposed Resolution No. R95-69 by title only. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-69. Mayor Pro Tem Matson seconded the motion which carried 5-0. D, Other 1, Lien Reduction for Code Enforcement Case - N,D, Auto located at 902 North Federal Highway This item was dispensed with earlier in the meeting. 2, Update on Don Jaeger v, Boynton Beach, et al, City Attorney Cherof advised that the court granted the motion to dismiss the City Manager from this lawsuit. The action to dismiss the case against Mayor Pro Tem Matson and previous Mayor Weiner is pending before the Court. It was heard, but the Court has not yet made a decision. XI, UNFINISHED BUSINESS Update on Commissioner Jasklewicz' request to Investigate ordinance requiring existing commercial businesses to install landscaping - Clty Attorney Commissioner Jaskiewicz stated that the Commission voted against a community appearance ordinance a month or two prior to her taking office. She requested that the better parts of that ordinance be incorporated with the suggestion she made at the last meeting to bring commercial establishments up to the land- scaping code. City Attorney Cherof felt this would be a good approach in dealing with that subject matter. He will redraft it for discussion before the next Commission meeting. At Mayor Pro Tem Matson's suggestion, this item will be discussed at the May 11, 1995 workshop. Commissioner Jaskiewicz felt Boynton Beach Boulevard gives a wrong impression of the City. She would like to improve its appearance in the near future. XII, CITY NANAGER'$ REPORT City Manager Parker stated that parking lot variances are no longer reviewed by the Planning and Development Board. They only go to that Board on an advisory basis. She asked if the Commission would like parking lot variances to come directly to them instead of going to the Planning and Development Board. - 41 - HINUTES - CITY COHHI$SION HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1995 Ms. Heyden asked if the Commission would prefer that the Planning and Development Board not review a site plan if it is contingent upon approval of a parking lot variance, until the Commission has taken action on that variance. City Manager Parker explained that the Planning and Development Board reviews site plans before they go to the City Commission. However, sometimes a variance is also being requested. This variance affects the overall site plan. The variance would have to go before the Commission. Therefore, the Planning and Development Board is reviewing the overall site plan not knowing if the Commission is going to approve the variance or not and assumes that the variance will be approved. If the variance is not approved, the applicant would have to redesign the site plan and return to the Planning and Development Board and Commission. This would add another two weeks to the process. William Hukill, Director of Development, saw no problem with sending variances with site plans to the Planning and Development Board on an advisory basis. However, he did not feel it was necessary to go back to them after it comes to the Commission for approval or disapproval of the variance. He said this would slow down the process. He suggested that if the Commission denies a variance, it be brought directly back to the Commission and not have to go through the whole cycle again. Mayor Taylor was in favor of this if it shortens the process. In response to Ms. Heyden, City Manager Parker advised that the Planning and Development Board should make a recommendation to the Commission regarding a variance if it is part of a site plan review. However, if the variance is a stand alone issue, it should be brought directly to the Commission. XIII, OTHER None. XIV, ADJOURNHENT There being no further business to come before the City Commission, the meeting was adjourned at 11:07 p.m. - ATTEST: Recording Secretary (Six Tapes) THE CITY OF BOYNTON BEACH ~ ~ ~ ~' Mayor ~ V i c~aJL~r~ /// .~ ' /./ MaYor Pro lem // '~' ,,/,/ - Co~issioner // , · ~ ( · / / ~sioner - 42 - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.ASTNAMF I-Ir.'.;I N,~MI MII)I)IFNAME CITY I)ATE ON WHICH VOl E OCCIIRREI) COUNJY NAME OF BOARD, COUNCIl.. COM MISSION. AU] HORITY. OR ('OM MI'VI'~E THE BO:~d), COUNCIl.. COMMISSION. AU'IHORITY OR COM MI'I-I'EE ON 1,V~! SERVE IS A UNITOF: ~.g~rCITY [] COUNTY O O'I'HER I.OCAI. AGENCY ' NAME OF I~')EITICAi. SUBDIVISION: MY POSITION IS: [~LECTIVE WHO MUST FILE FORM 8B This form is lbr use by any person serving a~ the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count~; municipal, or other local public office :MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agen%.) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC1SION PRIOR TO THE MEETING AT WHICH HE VOTE WILL BE TAKEN: IYou should complete and file this form (before making any attempt to influence the decision with th ' "~'.recordlng the minutes of the meet~n w ) e person responsible for · ~ ~ g, ho will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE F'ORM ~¢B- I--91 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minu of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,, ~.~' [('~J4~ d t~, hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQU1R DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIIX IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1~ SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM I~B - 1-91 PAGE