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Minutes 07-12-95 MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN CONFERENCE ROOM "C", WEST WING, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JULY 12, 1995, AT 6:00 P.M. P~SENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager Dale Sugerman, Assistant City Manager Wilfred Hawkins, Asst. to the City Manager Sue Kruse, City Clerk William Hukill, Director of Development Tambri Heyden, Planning & Zoning Director Scott Blasie, Code Enforcement Administrator OPENINGS: A. Call to Order - Mayor Gerald Taylor Mayor Taylor called the meeting to order at 6:15 p.m. B. Agenda Approval: 1. Additions There were no additions t9 the agenda. 2. Adt Vice Mayor Bradley move unanimously. Iii. ITEMS FOR DIS A. Truck Par COmmissioner Jaskiewicz currently being reviewed. appearance of the vehicle; tO park these vehicles in ~ption :1 to approve. Commissioner Rosen seconded the motion which carried CUSSION: ~ing feels this issue should be part of the entire appearance code which is She realizes that the weight of the vehicle is less important than the herefore, she feels the Commission should consider allowing residents ;idential areas only if they are shielded from view. ed that the capacity of a vehicle is the wrong way to go because it is capacity vehicle which is not aesthetically unpleasant, while a half-ton viice Mayor Bradley agr p6ssible to have a two-ton vehicle can be very unsightly. He agrees that shielding or restricting parking to the side yard would be a better alternative. He requested information on what other municipalities are doing in this regard. MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 Mr. Blasie advised that residents are permitted to park one boat or recreational vehicle in front of]their homes as long as it is parked on a hard surface. That hard surface can be shell rock, paving stone, etc. Residents are permitted to have a maximum of two of these vehicles parked onl the property, but one must be parked behind the front roof line. Mr. Blasie referred to copies of icodes of other municipalities and reported that in Delray Beach and West Palm Beach, residents are permitted to park these vehicles in front of the residence. With regard to recreational vehicles, Delray Beach has the code in their zoning code. They use zoning districts as a guide. Mk. Blasie feels it is important to keep boats and recreational vehicles separate. With regard to trucks, some municipalities use commercial versus personal use. In our City, that system would be very easy to distinguish because it is listed on the registration. Other mgtnicipalities use gross vehicle weight; however, that is not as easily distinguishable or easy to prove because some people "beef up" the vehicle's chasis. In Lake Worth and Delray Beach, boats and recreational vehicles must be parked on the side of a residence behind the front roof lirle. Vice Mayor Bradley felt the Lake Worth and Delray Beach codes made a great deal of sense. Tl~is would eliminate the problem on Ocean Inlet Drive. If there is no room on the side of the hOUse to park one of these vehicles, the residents would have to investigate the use of storage facilities. Vice Mayor Bradley wondered how side yard parking would fit in with the appearance code. City l~anager Parker advised that if this is the consensus of the Commission, staff can include it in the c~de. However, she feels there are two separate issues--recreational vehicles and boats; and trucks. Mr. Blasie advised that the current code allows up to a 35' recreational vehicle to be phrked at the residence. COmmissioner Rosen questioned commercial vehicles which are not classified as trucks. It is his opinion that no commercial vehicles should be parked in a residential area. He does not believe any commercial vehicle, including pickup trucks, should be taken home and parked at the re!sidence overnight. City Manager Parker pointed out that the majority of City residents have these types of vehicles. Mayor Taylor explained that a real estate broker may have a sedan which is! signed. That would be considered a commercial vehicle. Commissioner Rosen feels such si~nage on the vehicle should be covered. Mr. Blasie advised that small vehicles can use magnetic signs. Vlce Mayor Bradley suggested incorporating a height and length criteria for vehicles. Mr. Blasie feels the height and length criteria is easier than the gross vehicle weight criteria. stan DubS, Planning and Development Board Chairperson, advised that the City of Coral Springs did not allow any truck to park within its City limits until it was challenged in the courts. They now have the best written law relative to truck parking. 2 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 Cgmmissioner Jaskiewicz requested that staff provide copies of the codes used by other manicipalities including Lake Worth, Delray Beach, Greenacres, and West Palm Beach. She also reqUested that staff secure a copy of Coral Springs law on truck parking. COmmissioner Jaskiewicz is hopeful that we will have a finished appearance code ready by fall. She is anxious to try to get some of the older businesses to agree to improve their properties to a Certain degree. Many of these older businesses are afraid to do any type of repair work because they fear they would have to bring their properties up to the current code. City Manager Parker advised that painting and reroofing will not trigger the code. C~ ~mmissioner Jaskiewicz reported that the Kmart property has a new owner who was considering Lproving the property until he learned what he would have to do to bring the property up to de. He has decided to do nothing. Mayor Taylor also mentioned the Firestone business. He ~ls the owner should be required to paint. City Manager Parker advised that we do not have >ainting code. We do not regulate colors, maintenance of paint or roof shingles until it becomes a Safety issue. Vlce Mayor Bradley feels the Commission should review the appearance code which was defeated b{cause it addressed some of these issues. C;mmissioner Jaskiewicz further pointed out that the ITV property on Congress Avenue has no landscaping whatsoever. She feels they should be required to landscape that property. Gulfstream LUmber should also be required to do something with the front of their property. City Manager Parker advised that Gulfstream has not done anything to the front of their property; therefore, their landscaping is in compliance with the code. Commissioner Jaskiewicz offered to send a le[ter to Gulfstream Lumber relative to this issue. City Manager Parker recalled that the School Board's position is that they do not have to adhere t~local ordinances; however, Mr. Hukill said they might respond if they are pressured. Mayor T~ylor feels the School Board should be advised that the City is concerned about this problem. c~r. Hukill questioned whether or not earlier references to roads refer to public or private roads. ty Manager Parker said this issue of truck parking will be handled by zoning classifications. This issue will be discussed again at the next City Commission workshop meeting. B. Low Density Strategies V ce Mayor Bradley advised that he raised this issue so that the Commission could look at possible ways of changing the densities. 3 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY12, 1995 MS. Heyden explained that our PUD ordinance has failed the City. It contains no minimum standards at all and it puts staff in a very awkward position when trying to justify why one development was permitted 6,000 square foot lots while another was allowed 4,500 square foot lo~s. Changes to the PUD ordinance can accomplish lowering the densities somewhat by adding minimums. Our PUD ordinance accomplishes some Comprehensive Plan goals and policies with respect to affordable housing and environmental preservation. Ms. Heyden recommends reviewing the PUD ordinance and the Comprehensive Plan at the same time. If the Commission's de~ire is to look at the City as a whole and target certain areas for large lot development, then a rey~ew of the zoning and land use amendment is necessary. Vice Mayor Bradley feels that from a city-wide standpoint, the idea of adjusting the zones and density ranges in each category is something he would like to consider. MC. Heyden reported that we are required by the State to reevaluate our Comprehensive Plan. That would be the time to make recommendations for certain properties to be rezoned and the land us~ changed to a lower density category. The Comprehensive Plan must be forwarded to the State b2~ August 1, 1996. City Manager Parker informed the Commission that staff is beginning to e~{amine the Plan. She further stated that the County is looking at encouraging development of c~astal cities. They are considering doing something with the impact fees so that if a developer ilds in a coastal city environment, the costs will be reduced. This will result in demand on the ty for development. If we demand larger minimum lot sizes or minimum square footage of hpuses or other things that drive up the prices of homes, we will be in a conflict situation. HOwever, it is important to have a balance in our housing stock. At present, we are not getting a balance. vice Mayor Bradley feels that a starting point might be in the area of overall number of residences ini terms of lot size and density. Ms. Heyden advised that many developers select Boynton Beach for their projects because they fe~l this a place for starter homes. This is the reason why we are seeing the 4,500 square foot lot. While Vice Mayor Bradley feels it is f'me to attract that type of buyer, he feels we also need some sOlid middle-income and above residents. He questioned whether or not the density ranges could be~ adjusted within the zoning categories. Ms. Heyden recommended against doing that since most o~the areas have had a certain zoning category for a long period of time. Change the setbacks would throw the district out of kilter and make lots nonconforming. She recommends looking at ufldeveloped property and property we intend to annex. Mayor Taylor confirmed that minimums could be set immediately for PUDs. Commissioner Rosen explained that he thought this issue was going to address single-family homes versus multi-level apartments and condos. MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 Commissioner Jaskiewicz said a perfect example of concern for the density is the Tradewinds pr6perty. Originally, there was more property allotted for residential than for commercial. It was changed so that the residential decreased in acreage and the commercial increased in acreage. HOwever, the number of residences going in increased. The end result will be a far greater density than was originally planned for that property. Mr. Hawkins reported that from an economic development standpoint, in order to attract business such as corporate headquarters and high-tech businesses with employees earning high salaries, Boca Raton can do that because they have the room to locate the businesses and the housing stock to satisfy the purchaser. Our Comprehensive Plan needs to include the higher end housing stock within the City. This goes hand-in-hand with economic development. With regard to PUD minimums, Ms. Heyden advised that in looking at what other cities do, she learned that some treat their PUD ordinances as a separate zoning district, and some treat them as overlay districts. If treated as an overlay district, you keep the original zoning in place and vary each individual item. That would make it harder for someone to get approval for really small lols. She has no problem with a minimum lot size and setback, but she feels affordable housing and environmental preservation need to be reviewed. The PUD ordinance has been used as a means to balance what must be set aside. City Manager Parker recommends leaving the 25 percent environmental requirement. 1~s. Heyden advised that when the 25 percent policy was put into the Plan, another policy was included relative to incentives to encourage environmental preservation. The passage of property rights legislation has made that a more critical issue. When something is eliminated, something must be given back in return. Ir~ Ms. Heyden's opinion, the minimum lot size within a PUD should be 6,000 square feet with front setbacks of 20' to 25'. Vice Mayor Bradley recommended that Ms. Heyden compile a package for review by the Commission including the other components of the PUD package such as incentives. COmmissioner Rosen explained that Hunters Run is having a problem because of the fact that it is a community which is made up of almost 100 percent retirees. Boca Raton has younger communities in the better price range. Schools, housing price range and age are important elements for economic development. Mr. Dub~ advised that in Silverlake Estates, there were only five children ten years ago. Today, there are 80 children in a total of 167 homes. Mr. Hukill feels the 45' height restriction is another important consideration. He explained that the Land of the Presidents in West Palm Beach is a very successful area. The area contains homes MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 costing between $400,000 and $500,000. There are golf courses, 15-story buildings, and doctors' clihics. It is very similar to some of the new, sophisticated towns; however, it is almost situated in!downtown West Palm Beach. Mr. Hukill feels a change in the 45' height restriction is necessary to attract economic development. He explained how Boca Raton offers housing in high- story buildings at incredibly high prices. He feels that in order to attract these types of developments for people from oUt of town, you must provide convenient hotel space. Because oflthe cost of development, the way to attract developers is to allow them to build higher buildings which house more residents. He explained how the Vinings project will have 500 units. If those un/ts had been six-floor units, they would have covered one-third of the ground and still contained the same amount of people. Mayor Taylor admitted the height restriction issue is one no one wants to talk about, but it is one wl rich might have to be addressed at some point. Mayor Taylor pointed out that many people want to maintain a village atmosphere. They do not understand that there could be something be tween a village and a metropolis. M r. Hukill commented that all of the high-rise apartments in palm Beach Gardens are located at 1-95. He believes that is an overlay district and it is one of the more beautiful cities in South FlOrida. Mhyor Taylor feels this is a good item for the visioning process, and if a decision is made to go with a referendum to change the height restriction, a team would have to go out to educate the residents on the pros and cons of such a change. C. Advisory Board Cgmmissioner Rosen commended Chuck McGuinness of The Palm Beach Post for the recent article he wrote relative to advisory boards. Commissioner Rosen has received seven phone calls from people expressing interest in serving on the boards as a result of that article. C >mmissioner Rosen said he raised this issue because the advisory boards are important to the City Commission and the City. However, he questions the manner in which people are appointed tc the boards, and wonders how members can be removed from those positions if necessary. b~ C a C hen he began his term, he interviewed the people who expressed interest in serving. When he .,came overwhelmed by the job, he became less careful in making appointments. He feels the 3remission should be a little more selective in making appointments. He realizes that removing member is a very delicate issue. >mmissioner Jaskiewicz suggested revising the criteria of the board descriptions to broaden that iteria. iayor Taylor feels that if there are members sitting on boards who should not be there, the 6 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 Commission can only blame itself. Variety of opinion is good. Board members are volunteers who are serving the 'City. Mayor Taylor is now trying to attend each board meeting so that he is aware of the functions of eaCh of the City boards. He believes the fault lies with leaving people on boards forever. When a term expires, consideration should be given to moving the member to another board. Mayor Taylor would have a problem removing someone from a board. Vice Mayor Bradley agreed with Mayor Taylor's remarks and feels it is the Commission's re',;ponsibility to monitor the board's work and its members. He remarked that he was concerned aB out some of the recent actions of the Board of Adjustment. He will attend the next Board of At ljustment meeting to address the board with his concerns. C~mmissioner Jaskiewicz reminded the Commissioners that in the past, the City had an orientation fo~ board members. She feels that was a very worthwhile meeting and perhaps that practice shbuld begin again next year. During that orientation, the chairperson can explain the functiOns of the board. Vz TI ce Mayor Bradley advised that he has requested that the City Attorney investigate to determine ,w the board was set up, and to review the bOard's powers as they relate to today's issues. ~e Commissioners discussed the fact that they are not permitted to consult with each other in aking appointments. The workshop meetings allow the Commissioners the opportunity to formally discuss issues. tBh~a. Dub~ expressed his opinion that one of the problems with the Planning and Development rd is that 50 percent of the board is replaced every year. If the terms were three-year terms, y could be staggered so that two members are replaced each year. b{ b{ C ith regard to the residency issue, City Manager Parker advised that if a board was created prior 1990, non-residents who own and operate businesses are allowed to be appointed. For the ~ards created after 1990, unless there was a specification for residents only, non-residents can ~. appointed. The following boards can have non-resident members: Board of Adjustment, :metery Board of Trustees, Board of Trustees for Firefighters, Golf Course Advisory Board, BOilding Board of Adjustment and Appeals, Civil Service, Code Enforcement, CRA, Library BOard, and Recreation and Parks. / There was discussion by the Commission that they did not wish to have non-resident business members on the Civil Service Board, Recreation and Parks Board, and Board of Adjustment. At present, the following boards are limited to City-only resident members: Community Relations, Cgildren and Youth, Education Advisory, Planning and Development, Senior Advisory and Nuisance Abatement. City Manager Parker advised that the list prepared by the City Clerk will be clarified to show that 7 MINUTES CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 th~boards with Ordinances prior to 1990 can have non-resident members. City Clerk Sue Kruse advised that all board members must be Palm Beach County electors. D. Boat Canopies M&yor Taylor reported that he has received some phone calls from residents questioning why they caCnot cover their docks.. In addition, these people are willing to build the canopies according to Cgde if the City will allow them. V~ce Mayor Bradley pointed out that the issue which was raised in the past was the fact that these structures would block the view of the waterway for neighbors. The safety and grandfathering issues raised in the past have been handled. City Manager Parker advised that Ms. Heyden and Mr. Rumpf did a survey of 11 cities relative to this issue. The City of Boca Raton requires a 5' rear and 5' side setback. Those setbacks will n~t allow a canopy on the waterline. V .ce Mayor Bradley questioned whether or not rear setbacks are always the waterline. Mr. Hukill ac vised that there are all kinds of setbacks. He also pointed out that some of the water districts d(, not allow docks or canopies. He read a paragraph from the October 1994 City Commission m :eting minutes wherein it is noted that the Commission unanimously voted to deny roofs on boat d(,cks. The major reason for thedenial was the fact that these structures would limit the view by re sidents with this waterfront property. There were other issues involving maintenance of canvas cc,verings, and hurricane requirements. Vice Mayor Bradley would support this issue if everyone w ho lives on the water wanted these canopies. City Manager Parker advised that Lake Worth Drainage District does not allow canopies, and SCuth Florida Water Management District will allow canopies if they are certified by an architect. C )mmissioner Rosen is opposed to changing the current ruling which does not permit canopies. A determination was made that the Commission will continue to deny requests for canopies. E. Funding for Non-Profits IV [ayor Taylor explained that many places have a policy that when money is being requested, that it,~m must be on the agenda so that each member has an opportunity to investigate the situation. h addition to that policy, the Commission has the right to declare an emergency to handle money it':ms. Unless an emergency is declared, these items Should be on the agenda. C~)mmissioner Rosen feels the Commission should consider this issue in classifications. He thinks c0ntmbut~ons to a non-profit are very different from a donation to children who are part of our *"...when money is being requested from the 8 City,..." **"...consider this issue of requests from the City in classifications." MINUTES CItY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 Re m~ C( Re in pc nc oi Ja A W Ol 0 C hi creation program, requesting funds for travel. He is opposed to the Commission discussing any mey donations to non-profits. He feels all requests of this nature should be denied since the remission is not empowered to take taxpayers' money. xtmissioner Jaskiewicz felt that the request from the children who are participating in the ~reation program was more personal. It was a valid request, and the team had no way of owing that they would win the tournament which would require them to travel almost mediately. However, she feels other requests should be placed on the agenda when time rmits. Commissioner Jaskiewicz was very upset about the article that appeared in the wspaper stating that the Commission grudgingly aided abused children. She pointed out that ~ City has supported the Dick Webber Child Abuse Center for the last eight years by providing rice space for the County. As a member of the Community Relations Board, Commissioner ;kiewicz recalls a $25,000 donation by the City to that Center in one year. though there was an item on the agenda tried, "Safe House", the Commission was unaware they :re going to be asked for a donation at the last meeting. The money request should have been t the agenda. Mayor Taylor is not opposed to considering these requests, but he wants an ~pormnity to review back-up material prior to making a decision at the meeting. ommissioner Jaskiewicz reminded the Commissioners that at one time, there was a $50,000 tdget for charities. The Community Relations Board would interview all applicants. A package ould be prepared and presented to the Commission following extensive research. )mmissioner Rosen also stated that many times, when someone wants to raise money, he .ntacts a charity and offers a percentage. The checks are made out to the charity, and someone g, .,ts a tax deduction. ~Ry Manager Parker asked that the Commissioners not be offended when she or her staff question the items placed on the agenda to determine whether or not they relate to money. If that is the c ~se, staff will request back-up information. :ommissioner Jaskiewicz feels anything placed on the agenda should have back-up material. The '.ommissioners were in agreement that they should provide back-up information for any items tey place on the agenda when staff is not aware of what the issue will involve. ir. Dub~ felt the Commissioners should not discuss charitable contributions at a public hearing ecause there is no way anyone can object without it hitting the newspapers. He feels it should e handled administratively. Vice Mayor Bradley does not feel staff should be aSked to make tJ ~ese decisions. He feels these are the decisions the Commission must make. a~ty Manager Parker confirmed that the Commission's desire is to have back-up included on enda items requesting money. 9 ***"...CommisSion is not empowered to use taxpayers' money for charitable donation~ MINUTES CiTY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA JULY 12, 1995 ADJOURNMENT Tllere being no further business to come before the City Commission, the meeting properly adiourned at 8:00 p.m. ATTEST: .i Cii~ Clerk , ec~ording Secretary (Two Tapes) CITY OF BOYNTON BEACH ff ~ Mayor Vice Mayor Si\CC\WP\MINUTES\COM M\071295-WPD 10