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Minutes 07-06-99 MINUTES OF THE REGULAR CITY COMMISSION MEETLNG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, 3ULY 6, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Father Hark Szanyi - St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Broening called the meeting to order at 6:31 p.m. Following the invocation, Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Tillman requested the addition of Item X-D, "City MBO and other Initiatives". Commissioner Denahan requested the addition of Item XII.A, "Consistency on City Boards". Mayor Pro Tem Sherman requested that Item IV.C.1 be removed from the Consent Agenda for discussion. 2. Adoption Commissioner Denahan moved to approve the agenda as amended. Commissioner Weiland seconded the motion that carried unanimously. II. ADMINISTRATIVE: Accept resignation of Maynie Boles, Regular Member of the Community Relations Board Motion Vice Mayor Tillman moved to approve. Commissioner Denahan seconded the motion with gratitude. The motion carried unanimously. B. Appointments to be made: MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Appointment To Be Made .1ULY 6, 1999 Length of Term Board Expiration Date TTT Sherman TV Tillman Children & Youth Advisory Board Alt i yr term to 4/00 Children & Youth Advisory Board Stu/NonVoting i yr term to 4/00 TV Tillman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 Mayor Broening Bldg. Board of Adjustment & Appeals Rog 3 yr term to 4/02 T Weiland Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 IT Denahan Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 T Weiland Code Enforcement Board Alt i yr term to 9/99 III Sherman Community Relations Board Alt i yr term to 4/00 IV Tillman Community Relations Board Reg 3 yr term to 4/00 TTT Sherman Education Advisory Board Reg 2 yr term to 4/01 TV Tillman Nuisance Abatement Board Rog 2 yr term to 4/01 TV Tillman Recreation & Parks Board Alt i yr term to 4/00 TV Tillman Firefighters' Pension Board Reg 2 yr term to 4/01 TABLED (2) Mayor Pro Tom Sherman appointed Arthur Rowe as a regular member of the Education Advisory Board. Motion Vice Mayor 'l]llman moved to approve the appointment and table all remaining appointments. Commissioner Denahan seconded the motion that carried unanimously. IIIi ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: TNT Concert - Friday, ]uly 23, 1999 at Oceanfront Park - 6:00 p.m. to 9:00 p.m. - "Island Vibes" (Reggae) Mayor Broening made this announcement. CRA Meeting - Wednesday, July 7, 1999 @ 6:30 p.m. in Commission Chambers Mayor Broening made this announcement. Landlords of Multi-Unit Dwellings Workshop with the City - ]uly 14th from 7:00 p.m. to 8:30 p.m. in the Library Program Room MEETI'NG M'rNUTES REGULAR CI'TY COMMI'SS'rON BOYNTON BEACH~ FLOR.iDA 3ULY 6~ :1.999 Mayor Broening made this announcement. B. Presentations: 1. Proclamations: None Mr. David Roach, Florida Tnland Navigation District- Presentation of check for Police boat David Roach, Executive Director of F.I.N.D., reported that approximately 50% of tax revenues is returned to cities and counties annually to assist them in making improvements along the Intracoastal Waterway and other waterways. F.I.N.D. has been involved in four projects with the City of Boynton Beach since 1991. The latest project to be completed by the City of Boynton Beach is the procurement of the new marine patrol vessel that will provide boating safety along the waterway. Mr. Roach presented Mayor Broening with a check in the amount of $50,760. Mayor Broening thanked Mr. Roach and requested that he express the City's gratitude to the :Inland District. ~LV. CONSENTAGENDA: A. Minutes: Regular City Commission Meeting -]une 15, 1999 City Commission/AFE Workshop -]une 17 & 18, 1999 Bids - Recommend Approval- All expenditures are approved in the 1998-99 Adopted Budget Authorization to utilize the State of Florida Contract for "AMMUNI-I-~ON, TARGETS, HANDCUFFS, AND PEPPER GAS" to Lawmen's & Shooter's Supply with expenditures to date totaling $10,406 Approve multi-award, as per staff recommendation, for the "PURCHASE OF STREET S:[GNS AND ACCESSORIES FOR NEW, REPA:[RS AND REPLACEMENTS" with an annual expenditure of $20,000 C. Resolutions: Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail MEETt'NG MTNUTES REGULAR CZTY COMM1'SSTON BOYNTON BEACH,, FLORZDA 3ULY 6~ 1999 Partnership between the City and the Greater Boynton Beach Chamber of Commerce (TABLED FROM 6/.~/99 MEETXNG) At Mayor Pro Tem Sherman's request, Ttem IV-C.1 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-80 Re: Approving a water service agreement outside the City limits and covenant for annexation from Joe Fearnley, Trustee, for the parcel located at the southeast corner of Military Trail and Coconut Lane Proposed Resolution No. R99-81 Re: Approving the release of $42,922 surety for the Crystal Key development, approving the subdivision, the dedications on the plat and accepting the maintenance responsibilities of those facilities dedicated to the City. Proposed Resolution No. R99-82 Re: Approving the release of remaining surety for the Nautica Plat T ($374,102.97), approving the subdivision, the acceptance of the dedications and the maintenance responsibilities of those facilities dedicated to the City Proposed Resolution No. R99-83 Re: Approving the full release of surety for Hampton Inn in the amount of $2,800 to Boynton Beach Hospitality, Inc. Proposed Resolution No. R99-84 Re: Accepting irrevocable letter of credit as surety for the water and sewer improvements at the Manatee Bay Apartments project. Proposed Resolution No. R99-85 Re: Authorizing the approval of adjusting from $1.35 to $1.75 per foot the fee charged to developers for closed circuit TV inspection for all new sanitary sewers installed D. Ratification of Planning & Development Board Action: The Center for Self Discovery - (112 SE 23rd Avenue) - Request for relief from Chapter 21, Signs, Article II1., Section 5. requiring a 10' front setback for a sign to allow a 9' variance, or 1' front setback (TABLED FROM MAY 18TM MEETING TO JUL Y 20TM MEETING) Quantum Park - Lot 3 (Lot 3 - Quantum Park PID) - Request new site plan approval to construct two office/warehouse buildings totaling 46,660 square feet on 4.075 acres Approve purchase of 30 IVlodel Year 2000 Club Cars as.recommended by the Golf Course Director to replace 30 Model Year 1994 Club Cars with an expenditure of $60,900 from the Golf Cart Replacement Reserve Account MEETING MTNUTES REGULAR CITY COMMISSTON BOYNTON BEACH~ FLOI~DA 3ULY 6~ 1999 Approve proposals and contract for Community Development Block Grant Funds as sub-recipients Authorize Change Order #1 in the amount of $9,430 for removal of existing lightweight concrete impeding ongoing construction of the building project, and authorize Change Order #2 in the amount of $4,071 for temporary electric power utility as required to complete the scope of work during the duration of the project Motion Commissioner Denahan moved to approve the Consent Agenda with the exception of Item C.1. Commissioner Weiland seconded the motion that carried unanimously. CONSENT AGENDA TTEM FOR DTSCUSSTON: Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce (TABLED FROM 6/.~/99 MEE1XNG) Mayor Pro Tem Sherman expressed displeasure that this item remained on the agenda even though the Commission had a problem with it at a previous meeting. He recommended that discussion of this item be delayed until the City has a project in place that it can "brag" about. Mayor Broening explained that the intention was to postpone this item until late July or early August. At that time, a more detailed presentation, including a full-scale replication of what the Chamber and the Committee decided, would be appropriate. Mayor Broening recommended leaving this item on the table for a presentation in the future. When Commissioner Weiland suggested that a presentation be made if members of the Committee were present in the audience, Mayor Broening disagreed and explained that he is a member of the Committee. He suggested to the Committee that a presentation be prepared that would contain a full-scale replica of the information center and maps showing their locations. The Committee needs time to accomplish that goal. Motion Commissioner Denahan moved to table this item until the August 3rd City Commission meeting. Commissioner Weiland seconded the motion that carried 4-1. (Mayor Pro Tem Sherman dissented.) V. CLr'i'Y MANAGER'S REPORT: Interim City Manager Hawkins reported on the following two items: MEETING MINUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH~ FLORIDA 3ULY 6, 1999 1. Update on the Kids' Kingdom - The City is moving forward with obtaining a contract to redo the damaged portion of the playground. Temporary fencing has been ordered with plans in place to reopen the western portion of the playground by July 19t~ for pre-elementary school children. 2. Replanting and landscaping in front of City Hall Phase T of the replanting and landscaping in front of City Hall has been completed. Our goal is to be a world-class City and our intention is to set a standard for the entire City. Under the supervision of John Wildner, Parks Superintendent, and Glenda Hall, our staff removed the old landscaping and replanted with new flowering plants. Because this was an in-house project, the City saved a great deal of money. Mr. Hawkins thanked staff for their hard work and Barcelona Stone Company for the donation of the stone pots. The next phase of the replanting will involve the median in the center of the parking lot. VT. PUBLTC AUDIENCE: Dee Zibelli, 450 Ocean Parkway, advised that she was a Commissioner when the Ordinance was passed regarding the :10-acre Tntracoastal park site. That Ordinance was very specific with respect to the use of that land even though the ballot question was not. Ms. Zibelli urged the Commission to use that land for the purpose it was intended. Mayor Broening urged everyone interested to attend the CRA meeting on Wednesday, July 7th when the issue of the 10-acre Intracoastal site would be discussed in detail. VII, PUBLIC HEARING: Project: Owner: Location: Description: Mark Daly City of Boynton Beach East Coast Railroad Avenue, between SE 10TM Avenue and SE 8th Avenue Request approval for abandonment of a portion of street abutting property. (POSTPONEMENT REQUESTED TO JUNE 22, 1999 PLANNING & DEVELOPMENT BOARD MEETING TO ALLOW FOR THE CONCURRENT REVIEW OF A RELA TED VARIANCE REQUEST.) Mike Rumpf, Director of Planning & Zoning, recommended that the City Commission delete this item from the agenda since it must be readvertised. The applicant will begin the process again in the future. Motion Vice Mayor Tillman moved that this item be deleted from the agenda. Commissioner Denahan seconded the motion that carried unanimously. MEETTNG MINUTES REGULAR CTTY COMMISSTON BOYNTON BEACH, FLOI~DA .1ULY 6, 1999 Reconsideration of the Conditions of Approval (Exhibit "H'9 to the Conditional Use Approval for the "Marina Project" originally granted February 16, 1999, and approval of a revised Development Agreement between the City of Boynton Beach and Ocean Breeze Festival Park, [nc. Attorney Cherof reported that there are two issues involved in this item. They are: Reconsideration of the conditions of approval of the conditional use approval; Since this project is located in the Central Business District, the Commission needs to sit as the CRA for that reconsideration. 2. Revisions to the Development Agreement that were necessitated by the conditional use application. The revisions to the Development Agreement are intended to facilitate the project moving forward consistent with the approvals that have occurred to date. Attorney Cherof advised that Mr. David Layman submitted a request to table this matter until the meeting of July 20th. The documentation contained in the agenda packet was not prepared until late in the week that preceded the July 4TM weekend. Mr. Layman's request is based on a lack of time over the holiday weekend to review that documentation. Attorney Cherof feels it would facilitate the project if there were full communication between the developer's representatives and the City's representatives. A delay might assist in that communication. At the last meeting, this item was on the agenda in a different format that was precipitated by the desire of the parties to enter into a mutual shared parking agreement with adjacent property owners (Mr. Garcia, Two Georges and Janet Hall). The details of that agreement could not be worked out to the satisfaction of some of the parties and the City. That requirement was getting in the way of the development moving forward. When Mr. Garcia's representative requested that the project be facilitated, the decision was to remove that element with the intention of dealing with the parking issue separately. Attorney Cherof suggested that the Commission consider Mr. Layman's request to table this matter. However, he advised that if the Commission decided to table the matter, his recommendation would be to table it to August 3rd since he would not be present for the .luly 20th meeting. Mr. Hawkins advised that if the City Commission decided to table the matter, staff would still maintain the position stated in the back-up material. Commissioner Weiland was under the impression that the developer received the agreement on June 24th, and could not understand why the developer would let one day get in the way of 7 MEETTNG M'~NUTES REGULAR CZTY COMMtSS~ON BOYNTON BEACH, FLORIDA 3ULY 6, 1999 working through the agreement so that he would know his position in time for this meeting. Tt was his assumption that there had been sufficient time. David Layman, an attorney with Greenbert Traurig, said the agreement was not received on .lune 14th. Mr. Layman received the agreement either last Tuesday or Wednesday and he sent it to his client in Virginia by Fed Ex at that time. City staff is proposing significant revisions to the agreement and it is only fair to allow the developer time to review it. The developer has moved forward with construction, closed the construction loan and construction is ongoing at this time. The developer wants to move forward quickly. Mr. Garcia will be here all week and will be working solely on this project. Attorney Cherof reported that City staff had a meeting with Mr. Currie and other representatives on June 24th and provided a draft of the document at that time. It may not have been forwarded to Mr. Layman prior to the date he indicated. This is a complex document and warrants careful consideration. Tf the project is to move forward, the documents are keys because at the present time, the project is "dead in the water" because of inconsistencies between the phased nature of the approval and the language of the Development Agreement. These documents need to be reviewed, approved and recorded. After discussions with Mr. Sugerman last Thursday, and representatives of the City Clerk's Office, Mr. Layman said he did not anticipate a problem with a postponement. Vice Mayor Tillman pointed out that at the last City Commission meeting, staff was directed to meet with the group to come to an understanding and come back to the Commission. At this point, Mr. Layman is indicating that he did not know this meeting was going to take place. Vice Mayor Tillman felt this was a discrepancy. He also pointed out that Mr. Layman indicated that the developer was moving forward with construction. He challenged everyone to visit the site to see that no construction is ongoing at this time. Vice Mayor Tillman said the original agreement that dates back to July of 1997 and the first amendment that was signed on October 5, 1997 directed the developer to move forward with the project in two phases. The first phase was to include two items that were to move forward within 60 days. We are now at 270 days and the two items - the infrastructure and the temporary parking structure - have not moved forward. Vice Mayor Tillman pointed out that the development is going nowhere, and he questioned why the City should grant a postponement. Hr. Layman stated that the City put the developer in a catch-22 situation by asking the developer to reach a shared parking agreement with the adjacent property owners. The developer did what he was asked to do and spent thousands of dollars on drawings and plans for shared parking and attorneys' fees. At the last meeting, the developer stated that the agreement was reached on shared parking and copies were submitted to Attorney Cherof. The Commission decided to rethink that issue and decided it did not want to be a party to the shared parking agreement. The developer cannot get permits without the signed agreement. MEETZNG MI'NUTES REGULAR C'rTY COMM'rSSTON BOYNTON BEACH,, FLORZDA .1ULY 6~ 1999 Vice Mayor Tillman reminded Mr. Layman that according to the agreement, the developer was to have Phase T in construction within 60 days of the signing of the agreement. That has not been accomplished and at this point, the developer has not fulfilled the agreement. Mr. Layman said staff gave the developer a revised agreement and they have had only two or three business days to review it. He felt it would be unfair for the Commission to move forward with the revised agreement before the developer had an opportunity to carefully review it. Attorney Cherof explained that Mr. Layman was at a disadvantage because he is a new developer's representative without many of the details of the history of the project. A great deal of the indecision of the need for a multi-party shared parking agreement and the desire not to have one is a Catch-22. First the developer wanted to bring in all of the adjacent neighbors; then he didn't. Staff is not clear on the developer's position on this issue. Tf the matter is tabled, there would be an opportunity for discussions to clarify this issue. Part of the reason the matter did not make it forward at the last Commission meeting was Mr. Baugh's request not to move forward with a shared parking agreement. He stated the developer wanted to expedite this project and did not want any further delays by having to work things out with the adjacent property owners. There are benefits and detriments to this point of view. The additional time will enable staff to enhance the benefits and reduce the detriments. The City, this Commission, previous Commissions and staff have devoted a great deal of time and energy into this project. Tn addition, the Commission has promised a great many incentives and talked about additional incentives from the CRA. All of this energy warrants additional time to work out these details. Vice Mayor Tillman feels the lack of progress on this project continues to put the City in dire straits. This is holding up development in the area. He pointed out that when people enter into a binding agreement and do not meet those conditions, the contract is breached. The City cannot continue to put itself in a position of having to wait until this developer is ready to move forward. If the City is going to continue to deal with this developer, Vice Mayor Tillman wants something in writing that will penalize the developer if he does not make progress. Commissioner Denahan agreed with Vice Mayor Tillman's concerns and stated that she shares his frustration with this project. She reminded everyone that this has been an ongoing issue for many years. The previous City Commission and the current administration have a vision to move this City forward. The marina development is a catalyst in the downtown. She felt that if the Development Agreement is the sticking point, there would be merit to allowing the developer another month to work this through. She is willing to support the request for postponement because of her desire to see the marina developed. Commissioner Denahan said all of the five points in the Development Agreement were discussed at the ~lune meeting. The only points that were not included in the Development Agreement were the Overlook Point access to the public and the ownership of Overlook Point. She reminded Mr. Layman that he was present during the June meeting and heard all of the comments that were made at that time. Because of her desire to see this project become a reality, Commissioner Denahan urged the Commission to Postpone this item until August 3rd. MEE'I'~NG MTNUTES REGULAR CZTY COMMTSS'rON BOYNTON BEACH~ FLOI~DA ~ULY 6~ 1999 Mayor Pro Tern Sherman has received many inquiries from constituents about what is going on with the marina project. He said he can't convey what is going on because he does not understand it. The groundbreaking for this project occurred in September. That was almost a year ago. Now the developer wants a postponement to look at more plans and review the agreement and come back again. Mayor Pro Tem Sherman was opposed to this postponement. If this postponement is granted, Commissioner Weiland wants to know on August 3rd whether or not the City will see a signed contract between Mr. Jarvis and Mr. Garcia so that we know who will be develoPing the property. Commissioner Weiland said it was his understanding that the drainage issue between Two Georges and the developer has been solved. However, the Commissioners have not seen any plans or drawings as evidence. These things need to be clarified. On August 3rd, he wants to know where this project is going. Mr. Layman felt this request was fair. Mayor Broening agreed with the remarks made by all of the Commissioners. However, he explained that the City has a deal to develop 6.9 acres of very rare waterfront property. The deal is with Mr. Garcia. Mr. Jarvis has represented that he has an undefined claim to the project and that there is a potential sale of the project in the future. No member of the Commission and no member of staff has ever seen any documentation of that claim. Mayor Broening feels this is symptomatic of what is wrong with this deal. He further stated that a deal does not make a project. A project is the combination of finance, schedule and performance. Mayor Broening does not see the discipline or commitment to a project. He pointed out to Mr. Layman that he would be kicked out of most offices if he went to them with what we have today. The City, staff and everyone else is tired. Mayor Broening said there will be a marina in this City. He doesn't know if the developer will be Mr. Garcia or Mr. Jarvis. Mayor Broening has received a letter from someone else who is interested in this development. This issue is when and how. Lee Wische, 1302 SW 18th Avenue, expressed his concern about the fact that the City has not seen any documentation regarding who the City is dealing with. Mr..larvis had an agreement that was not in writing to purchase the property by May 30th. He could not meet that date and asked for an extension until .lune 30th. Mr. Wische questioned whether the extension is valid and in force and whether or not an agreement exists. The Planning & Development Board did not unanimously support this project because of the many problems associated with it with respect to drainage and parking. Mr. Wische feels there is a lack of communication. Mike Friedland, 330 NE 26th Avenue, wanted this project to move forward; however, this seems to be a case of organized confusion. He urged the Commission to make a decision on what is needed for the City and further urged them to vote for a delay until the meeting of August 3~. He requested that the City make certain that the contract include a penalty for the developer if items are not completed by specific dates. Marry Perry, reoresentine Two Geo~es, had no objection to the postponement. He saw the Development Agreement on June 30th and there are aspects that create concern for his 10 MEETZNG M?NUTES REGULAR CI'TY COMMTSS'rON BOYNTON BEACH~ FLORZDA 3ULY 6~ 1999 client. The revised agreement raises questions about whether the impact on the Two Georges' property has been addressed. The additional time would be helpful to his client. Vice Mayor Tillman questioned how the Commission got to the point of discussing a revised agreement. He asked whether or not the original agreement was deficient, and if it was, he wanted to know what those deficiencies were. He reiterated that the developer had not done what he was supposed to do as stated in Paragraphs 4 and 6 of the agreement dated October 5, 1998. Tn his opinion, the developer is in default. Mr. Layman advised that his client is willing to live with the existing agreement, but part of that included the shared parking that the City did not like, He urged the Commissioners to give them the opportunity to meet with staff to work on the agreement so that it pleases everyone involved. Attorney Cherof requested that Mr. Layman's client make up his mind with respect to whether or: not he wants a shared parking agreement. He pointed out that the developer flip-flopped on this issue so many times that he has lost track of the versions of the agreement that have been redrafted to address the issue. The agreement, as proposed, has only two parties - the City of Boynton Beach and the Ocean Breeze Festival Park, Tnc. There were no other parties in the past and there are no other parties contemplated in the future. Staff has attempted to make it exceedingly clear within the body of the document that there are only two parties that need to come to terms over the contents of the document. Mayor Pro Tom Sherman posed the following question to Attorney Cherof: "Tf the postponement is granted to August 3"~, is it fair to say, from a City perspective, that if they are not ready on August 3rd, it goes right out? Or is that unfair?" Attorney Cherof said it is not a question of whether they are ready on August 3rd. ]~t is a question of whether the Commission is ;ready to dispose of the issue on that date. Mayor Pro Tem Sherman thinks the City is ready to dispose of this issue and if the developer is not ready, he does not want to hear about anyone's problems. Mr. Hawkins advised that as part of the revised Development Agreement, staff has reduced the number of conditions of approval from 97 to 66 and rewrote the revised Development Agreement to reflect the themes the Commission spoke about at the last Commission meeting. The City has continued to work with Mr. Layman on this issue. Mr. Hawkins recommended that Mr. Layman be a part of any discussions with the City relative to this issue. Mr. Layman said he would make that same request. Mayor Broening stated that when the City entered into the agreement, two of the major issues were the public access to portions of the project and that the agreement recognize the rights and desires of existing businesses. That will not change. 11 MEETING MINUTES REGULAR CITY COMMTSSTON BOYNTON BEACH, FLORIDA 3ULY 6, 1999 Motion Vice Mayor Tillman moved to table this discussion and that we will seek to remedy some of these problems at the August 3rd City Commission meeting. Commissioner Denahan seconded the motion that carried unanimously. ¥III. BIDS: None IX, DEVELOPMENT PLANS: None X. NEW BUSINESS: Approve Caf& Barista's Special Event application request (including staff recommendations) to conduct a "Kick Tn For The Kids" block party on July 24, 1999 on Ocean Avenue Kim Kelly said that when the playground burnt, she tried to figure out how the community could assist in rebuilding it. She learned that the City was short $10,000 for the rebuilding project and there are no bathroom facilities available on the site. Having done special events in the past, she felt this request would be a way to help. Ms. Kelly would like the City involved in this event. [t is her intention to conduct this event on a Saturday from 3:00 p.m. until 11:00 p.m. Tt will include different bands. Children from Galaxy Elementary School's summer program and the Boynton Youth Council would be involved. The City's Fire Department will be on hand to educate children on the dangers of playing with matches. Ms. Kelly said she contacted some of the radio stations a few months ago and received good feedback from them. They would offer their services on a volunteer basis and would contribute toward advertisements. Ms. Kelly said it would be necessary for her to reestablish those contacts. Ms. Kelly spoke about plans to do a "March to the Park" with a ,lunkanoo band. The intent is to contact corporations prior to the event and accept private donations during the party. The goal is $10,000. In response to Vice Mayor 'rillman, Melody Green, Recreation Superintendent, advised that the cost to the City would be $270. Ms. Kelly has a good history of being able to conduct successful activities and block parties. Her original request was for $4,320 from various departments. Staff looked at ways to cover the costs and reduce that dollar request to $270. Additionally, Police overtime costs would come out of the proceeds of the event since the Police Department did not have the funding available to support those additional costs. Since this is a fund-raiser, the net proceeds go to the charity. In addition, Ms. Kelly has announced that Cafi Barista would make the first contribution of $500. 12 MEET'LNG Mt'NUTES REGULAR CTTY COMM'rSSt'ON BOYNTON BEACH~ FLORZDA 3ULY 6~ 1999 Ms. Kelly advised that there are items the City is unable to provide such as the stage and production costs. Those items would be paid for with outside contributions prior to giving the proceeds to the City. Vice Mayor Tillman asked if it was possible that Ms. Kelly's $500 contribution could be the only amount the City would receive. Ms. Kelly responded negatively but pointed out that it would cost her approximately $1,000 to $1,500 to conduct this event. She intends to get sponsorships to cover the cost of the stage and production. She will also contact large corporations such as The Home Depot, Motorola and Budweiser for assistance. Ms. Kelly is hopeful that she will have a few thousand dollars prior to the event. Vice Mayor Tillman pointed out that Ms. Kelly would benefit from this party because her business would make a great deal of money. However, it is exploitative to use the rebuilding of the Kids' Kingdom Playground to get this event going. Ms. Kelly pointed out that she would be contributing $500 of her own funds. She has also prepared a calendar and pledged $2.00 on the sale of each calendar. A massage therapy team will be donating services and taking donations. Those donations will be contributed to the cause. Ms. Kelly said she was the only one who was willing to donate the 150 hours it took to develop the idea, secure the sponsorships and donations and organize this event. This event will benefit her business while it benefits the City and she is hopeful that every other business on Ocean Avenue benefits from it. Mayor Pro Tem Sherman requested that Budweiser banners be limited during this event. Ms. Kelly advised that Brown Distributing is the actual sponsor and there will be no banners on the street. Ms. Kelly advised that her original request was to conduct this event on July 24th; however, she asked if that date could be changed to the second Saturday in August to give her additional time to secure sponsors and donations. COmmissioner Denahan liked Ms. Kelly's ideas about including children and suggested that she work with Ms. Green with respect to the summer camps. She further commended Ms. Kelly on her suggestion for the "March to the Park". Commissioner Denahan said the backup was not clear with respect to the net proceeds going toward the cause. She was concerned about this request because the issue is the playground and it was her understanding that the City had full insurance coverage for the rebuilding. She said this was the first time she heard that the City was short $10,000 for this project. Ms. Kelly said she was told there was a $10,000 shortfall and that there are no bathroom facilities available. Ms. Kelly's desire is to establish a playground fund. Commissioner Denahan also asked if Ms. Kelly would consider starting the event earlier so that more families could participate. Ms. Kelly said the event is slated for 3:00 p.m. because it is too hot to start it earlier in the day. Tt is cooler at 3:00 p.m. and the schedule still allows people to 13 MEETTNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLORZDA 3ULY ~ 1999 share family time at the event between 3:00 p.m. and 8:00 p.m. This is a family-oriented event. Vice Mayor Tillman said he is not opposed to Ms. Kelly's fund-raisers; however, he is opposed to mixing the sale of alcohol with a children's event. Ms. Kelly reminded Vice Mayor Tillman that she has conducted four events in the past and there have been no incidents. She said she is very responsible about what she does. Commissioner Weiland pointed out that we allow the sale of beer at the Boynton G.A.L.A. where children are present. His concern is with liability and he questioned who would be providing the hot dogs and hamburgers and where the food vendors would be set up. IVls. Kelly advised that the Exchange Club has done many events for the City. They will be in the area of Veterans Park. Half of the money raised will be contributed to the playground and the remaining 50% will go to the Dick Weber Center. All of these plans will be finalized with the Exchange Club. Attorney Cherof advised that there are issues with City liability that flow from any event sponsored by the City or conducted on City property or rights-of-way. However, it is his understanding that this event will have the appropriate insurance in place to cover those issues. Ms. Kelly added that she has her own personal liability. However, she would like to have the City as a sponsor. The City sponsored the last three events she conducted. Mayor Broening felt this was an issue that could be resolved. He said he would support the event even if it didn't make any money because it is a good community event that is needed on Ocean Avenue. He commended Ms. Kelly for her time and effort and believes it is an event the City can support. Mr. Hawkins said the City is not sponsoring this event. The City does not need to raise money to replace Kids' Kingdom. He requested a report from the staff person who advised Ms. Kelly that the City is $:L0,000 short for this rebuilding project. The amount of renovations will determine whether or not the City is short. At this point, the final figure on the cost of the renovations has not been determined. Mr. Hawkins reiterated that the City is not soliciting public funds to rebuild this playground. Ms. Green reminded the Commissioners that this was a Special Event Permit request. Motion Commissioner Weiland moved to approve the Caf~ Barista "Kick in for Kids" block party. Commissioner Denahan seconded the motion that carried 4-1. (Vice Mayor Tillman dissented.) Ms. Kelly confirmed with the Commissioners that this event would be held on Saturday, August 14th. 14 MEETTNG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOI~tDA .1ULY 6, :!.999 B. Procedure for scheduling and cancellation of Commission meetings Attorney Cherof reminded the Commissioners of previous discussions regarding the scheduling and cancellation of Commission meetings. He outlined the procedures that exist to cover meetings (regular, special and workshop), quorums, etc. However, there is still a gap regarding the cancellation of meetings. Tt would be in the best interest of the Commission to adopt a policy in this regard. There is a procedure in place for regular meetings; therefore, the policy would only apply to special meetings and workshops. Tn an effort to simplify the process, Mayor Pro Tern Sherman recommended that the Commission follow the same procedure that is in place for regular meetings. Commissioner Weiland asked whether or not this would mean a meeting would be held if a quorum is present. Attorney Cherof said that if the Commissioners adopt the rules that apply to regular meetings, once a special meeting or workshop is scheduled, that meeting would be conducted. If a quorum does not show up, the meeting does not proceed. Tf a quorum is present, the Commissioners could proceed with the business, or take a vote to recess until the full Commission is present. Commissioner Denahan agreed with Mayor Pro Tern Sherman's recommendation to have one set policy that is the same as the policy followed for regular City Commission meetings. She added that if the Commission decides to adopt the same procedure, if a member of the Commission is unable to attend a meeting, he/she would let the City Manager know in advance. IVlayor Broening supports the concept of having a uniform policy. Motion Commissioner Weiland moved to adopt a policy for special and workshop meetings that if a quorum is present, the meeting can be held unless the quorum elects to postpone the meeting to another time. Commissioner Denahan seconded the motion that carried unanimously. Authorize City staff to formalize discussions with the Firefighters regarding changing pension multiplier from 2.6% to 3% IVlr. Hawkins reported that the Finance Director recommends that staff be directed to enter into discussions with the Firefighters regarding the percentage increase for the pension multiplier from 2.6% to 3%. The Commission authorized staff to do an independent actuarial study and based on those results, staff has no concerns relative to moving forward. Motion Vice iVlayor -I~llman moved to approve moving the multiplier from 2.6% to 3%. Commissioner Denahan seconded the motion that carried unanimously. 15 MEET]:NG MTNUTES REGULAR CTTY COMMtSSTON BOYNTON BEACH, FLOR.I:DA .1ULY 6~ 1999 D. City MBO and other initiatives Vice Mayor Tillman said that during reviews with the City Manager, the Commissioners have taken notice of an operations plan. This plan moves in the direction of Management by Objectives. Adopting such a policy would make the City's policies more efficient. An MBO would be more specific than the operations plan. Tf an MBO is put in place, it would serve this administration and future administrations. That would eliminate concerns about the continuum because the policy and directives would be in place. Vice Mayor Tillman requested the consensus of the Commission to direct staff to develop an MBO plan that reflects and includes the recommendations in Visions 20/20, responds to the City's vision statement, its world-class application and includes the functions of the departments within the City administration. Mr. Hawkins explained that one of the things that staff did as a result of Visions 20/20 was develop emphasis areas. Staff began with quick victories to let the City know that we were taking action in certain areas. These areas were defined as Community Involvement, Economic Development, the Environment, the Organization and Urban Character. Staff then developed strategies involving internal as well as external operations and projects to help meet the goals of those emphasis areas. The quarterly plan allows staff to focus on achieving those objectives more specifically in a specified time frame. This is the reason why the quarterly plan was developed. We have a strategy deployment matrix that goes further down into the organization and talks about what each department is responsible for doing. Mr. Hawkins felt that Vice Mayor Tillman's request was for staff to formalize the process and make it a part of daily business. Commissioner Denahan's initial reaction was that this sounded like micro-management. She expressed concern that the Commission would want to take on that role. She was pleased that the three-month deadlines were put in place, but she does not want the Commissioners to be micro-managers of the City Manager. She feels it is the City Manager's responsibility to determine how to get the job done. Vice Mayor Tillman did not feel this was micro-management. Rather, it is putting a process in place in the administration. The Commission would not manage. This would be the process that runs the organization. Vice Mayor Tillman said this is a process that is tried and true and used to run large businesses. This would give staff a simple directive to do a better job and make each person accountable. Mayor Broening was very familiar with this process because of his time in the U. S. Military. There are times when the processes can become more important than the job. Industry uses these types of schemes. Mayor Broening feels there is such a scheme in place, even if it is only in skeletal form. He would not oppose requesting that staff study this issue and provide advice to the Commission on whether or not this might be the way of moving forward the process of the City's business. Mayor Broening agreed that it is not the Commission's business to intrude into the matters of running the City. The Commission's responsibility is to set policy. However, it would be fair to think about ways that might be useful in running the City efficiently. 16 MEETZNG MTNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH~ FLORIDA 3ULY 6~ 1999 Commissioner Weiland felt there was a plan in place, but would support having staff review that plan to determine whether or not it needs to be modified. If modifications are not necessary, staff could then proceed as is. Commissioner Denahan said she was in favor of feedback, but not necessarily in favor of staff writing a report on MBO. Mayor Broening said this would not be a report. If it worked well, the Commission would see nothing different than what is happening presently. The request is to ask staff to look at whether or not an HBO would be useful to the City. Staff would come back to the Commission with recommendations. IVlr. Hawkins confirmed that he understood the Commission's direction. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-18 Re: Abandonment of remainder of Cordova Way, as well as service street (located on West Ocean Drive) requested by Mary A. Wyatt Attorney Cherof read Proposed Ordinance No. O99-18 by title only. Mayor Broening announced the public hearing. There was no,one present who wished to speak on Proposed Ordinance No. O99-18. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-18. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. O99-19 Re: Empowering the City Manager to add or modify positions during the fiscal year Attorney Cherof read Proposed Ordinance No. O99-19 by title only. Mayor Broening announced the public hearing. There was no one present who wished to speak on Proposed Ordinance No. O99-19. Motion. Commissioner Denahan moved to approve Proposed Ordinance No. O99-19. Vice Mayor Tiilman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances- 1st Reading 17 MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH~ FLOI~DA .JULY 6~ 1999 Proposed Ordinance No. O99-20 Re: III, Pensions for Police Officers, Section multiplier Amending Chapter 18, Article 18.165 providing for a 3% Attorney Cherof read Proposed Ordinance No. 099-20 by title only. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 099-20. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R99-86 Re: Appointing a Voting Delegate for the Florida League of Cities' 73rd Annual Conference, "2000 and Beyond - The Future of Florida's Cities" to be held August 19 - August 21, :1.999 Attorney Cherof read Proposed Resolution No. R99-87 by title only. Commissioner Denahan volunteered to serve as the voting delegate. Motion CommiSsioner Weiland moved to approve Nellie Denahan as the voting delegate to the Florida League of Cities Conference. Vice Mayor Tiliman seconded the motion that carried unanimously. 2. Proposed Resolution No. R99-87 Re: Honoring Dr. Robert E. Raborn Attorney Cherof read Proposed Resolution No. R99-87 by title only. Motion Vice Mayor Tillman moved to approve Proposed Resolution No. R99-87. Commissioner Denahan seconded the motion that carried unanimously. D. Other: Consideration of the settlement proposal in Culver vs. the City of Boynton Beach Attorney Cherof recommended that the City Commission authorize the mediated settlement in the amount of $150,000. 18 MEETING MINUTES REGULAR CZTY COMMISSTON BOYNTON BEACH, FLOI~DA 3ULY 6, '1999 Motion Vice Mayor 'lqllman moved to approve. Commissioner Denahan seconded the motion that carried unanimously. XII, UNFINISHED BUSINESS: A. Consistency on City Boards Commissioner Denahan requested that the next City Commission meeting agenda contain an item on consistency on City boards. She requested that all of the Commissioners review Assistant City Attorney Igwe's memorandum dated .lune 25th to determine if there are any issues that need to be resolved in terms of consistency on the boards. Commissioner Denahan noted that student members on one board have the ability to vote, but they do not have that same ability on another board. She would like consistency in that area. Commissioner Denahan did not have any issues with the duration or staggering of the terms. However, there is a great deal of inconsistency on the boards and there does not appear to be any reason for it. This item will appear on the next City Commission agenda. XIII. OTHER: None XIV. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 8:20 p.m. A-I-r'EST: Cib, d'Clerk //D~puty City Clerk "~'l-h tee Tapes) 7/$/90 4:35 PM Mayor Pro Tem Commi er Commissioner 19 CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot3 APPLICANT'S AGENT: Winston Lee, Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1401 Forum Way, Ste 101 West Palm Beach, Florida DATE OF HEARING BEFORE CITY COMMISSION: July 6, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Quantum Lakes Drive (Quantum Park PID, Lot 3) DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton BeaCh, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ,¢,~ - ·,,~x~. ' ¢ City X. 1920 / J:~SHRDATA~Plannin¢SHARED~WP~PROJECTS~QUANTUM~QUANTUM PARK LOT 3~evelop Order CC/-~.aoc,,, ,,, EXHIBIT "C" Conditions of Approval Project name: Quantum Park - Lot 3 File number: NWSP 99-008 Reference: 2nd Review, New Site Plan. File # NWSP 99-008 DEPARTMENTS I rNCLUDE I REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by City of Boynton Beach. Please note on dumpster detail to indicate salBe. UTiLITIES - General Comments 2. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. FIRE Comments: 3. A fire flow test of site is required, LDR 6-16. X POLICE COmments: None X ENGINEERING DIVISION 4. Provide approval from LWDD for work proposed within the canal right- X of-ways. ~UILDING DIVISION 5. Show and specify on the site plan that the elevation of the finish floor is X six inches or more above the crown of the abutting right-of-way. Within the Site Data identify the actual elevation of the crown of the road at the front not the proposed minimum crown of road requested by the South Florida Water Management District (SFWMD) permit. 6. Specify on the sign detail drawing the approved colors for the monument X sign. 7. At time of permit review, the applicant shall verify that the square X footage proposed for the building is in compliance with the regulations Page 2 Quantum Park - Lot 3 File No.: NWSP 99-008 DEPARTMENTS I INCLUDE I REJECT of the building code by indicating on the site plan or floor plan drawing the occupancy classification and type of construction proposed for the building. The building area, occupancy and type of construction proposed for the building. The building area, occupancy and type of construction shall comply with the specifications identified in the Building Code. Compliance with the building codes will be evaluated at time of permit review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: PLANNING AND ZONING Comments: 8. All plans shall be signed and sealed at building permit submittal. Ch.4 X Sec.7 9. Provide the follow information on the site plan: X a.) Dimension loading areas. Ch.2, Sec. 11, Par. J b.) PID open space required. Ch.2, Sec.7, Par. H. 13 10. Landscape buffer must be consistent with the perimeter landscape buffer X plan for Quantum Park. 11. Sidewalk added along R.O.W. is optional, as it is not required by X Quantum park master plan. 12. Prior to site plan approval, plans must be reviewed by Quantum Park X Architectural Review Board. Provide written confirmation of review and approval. 13. Confirmation that project meets requirements of County Traffic X Performance Standards must be received prior to issuance of permits. 14. Indicate maximum sign space (area) reserved for each tenant, and total X allowed based on linear length of front fagade(s) PLANNING AND DEVELOPMENT BOARD ADDITIONAL COMMENTS 15. None X Page 3 Quantum Park - Lot 3 File No.: NWSP 99-008 DEPARTMENTS I INCLUDE I REJECT CITY COMMISION ADDITIONAL COMMENTS 16. T.~M~-detemfi~d. /I~' t// J:~SHRDATA~PLANNING\SHARED\VVP\PROJECTS\QUANTUM\QUANTUM PARK LOT 3\COMMENTS P&D 6-22-gg. DOC