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Minutes 01-23-91MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, JANUARY 23, 1991 AT 6:20 P.M. Present Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner Community Appearance Board Members Present: George Armas, Chairman Dale Mitchell, Vice Chairman George Davis Jean Sheridan Pearl Wische Lynne Matson, Alternate Community Appearance Board Members Absent: Arthur Berman Eleanor Shuman Stephen Jones, Alternate J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City AttorneY Don Jaeger, Building Official Mayor Moore called the meeting to order at 6:20 P.M. The purpose of this joint meeting of the City Commission and Community Appearance Board was to discuss the following areas: 1) The extent of power to require beyond what is minimum per the landscape code. 2) The CAB's role in enforcing the sign program. 3) CAB representation during the City Commission meetings. George Armas, Chairman of the CAB, explained the CAB takes pride in its work and the amount of research performed on projects. On some projects, the CAB seemed to have been "shot back" by the City Commission on recommendations made. Chairman Armas wanted to know if there was something the Commission felt strongly about that the CAB was in opposi- tion to. Concerns had also been expressed about the fact that CAB meetings occur on Monday nights and the Commission meetings Occur the next night. Because Of this timing, the full Minutes stating the CAB's reasons for voting the way they do are unavailable. A brief memo is provided the Commission the night of the meeting to make them aware of the CAB's votes the night before. The Mayor believed the MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 23, 1991 problem had been solved by Vice Mayor Wische attending the CAB meetings and then communicating information the next night to the Commission. Chairman Armas thought it was important for the Commission to understand the reason the CAB votes the way it does on certain projects. Chairman Armas stated his major problem was the precedent that seemed to have been set by the Commission at the last few meetings. He referred to the CAB's effort to work towards unified sign programs for entire shopping centers and industrial parks. If such a program exists, Chairman Armas stated when new tenants go in the center, they can simply go before staff for approval. It wouldn't have to go before the CAB as long as the guidelines are followed. Reference was made to the Blockbuster Video signs which the CAB highly disapproved of, but which were subsequently approved by the City Commission. The colors used went against what the CAB was trying to work towards in that shopping center. Once a precedent has been set, Chairman Armas stated it is difficult for the CAB to negate another shop owner trying to do the same thing. The Mayor referred to national companies such as Blockbuster Video having millions of dollars invested in color schemes and logos. The Mayor appreciated the amount of work the CAB does on projects and respects its opinions. The bottom line, however, is that the City cannot interfere with a per- son's right to utilize his property. If the City cannot enunciate strict and understandable standards of what can and cannot be done, it will not stand the legal test. The City cannot arbitrarily say it doesn't like the way a cer- tain house or color looks, or what plants are used. City Attorney Cherof agreed with the Mayor's remarks. Comments were made about the City's new Sign Ordinance and an effort that has been made to make the Sign Code more uni- form. Chairman Armas referred to language in the new Sign Ordinance that indicates signs are under the aesthetic con- sideration of the CAB. Discussion ensued about aesthetics and the need to blend with the community. The Mayor asked ~ho would interpret what is aesthetic? People have dif- ferent opinions. Chairman Armas pointed out that aesthetics ls what the CAB is all about. Commissioner Artis commented on some large national busi- nesses losing their identity. When visitors come to town and are looking for the Blockbuster Video Store, it is help- ful when their sign is readily recognizable. Jean Sheridan referred to the Blockbuster Video Store at Cross Creek Centre and the fact that the Commission sup- Ported the CAB's recommendation that the signage remain as is, rather than change substantially and then not blend with the rest of the Centre. Mrs. Sheridan was upset when MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 23, 1991 Blockbuster Video moved to change the color at the Sunshine Square store, because the CAB was trying to work with the new marquis there. She realized the Commission has the final say. Mrs. Sheridan agreed there was a need for the Commission to receive the CAB minutes prior to the Commission meeting. Mrs. Sheridan made comments about applicants coming before the CAB and stating, "We meet Code." She hoped when the Commissioners read that remark in the CAB minutes that they realize the comment is coming from the applicant. She believed there was a need to try to make real improvements. Remarks were made about the CAB's role in improvements made along Congress Ave. Vice Mayor Wische believed that once the City Commission Starts receiving the CAB minutes prior to the Commission meeting and is able to digest the CAB's reasons, it will help immensely. Discussion took place about negotiative efforts that have been made by the CAB to try and get applicants to do more t~han just the "minimum." Mayor Moore believed the Commission goes along with CAB recommendations 99% of the t~ime. However, he stated when an applicant applies and meets all requirements of the Code, legally you cannot require more. You can attempt to cajole the applicant or make suggestions. Vice Mayor Wische thought if they felt ~he Code was too lenient, they could get together and pin- point areas where it should be strengthened. Chairman Armas made remarks about the advisability of having a CAB member present at Commission meetings to answer questions that may come up. The Mayor thought the Commission also needed the typed CAB minutes in their Commission Agenda packets. The Mayor stressed that the CAB members should not "get their noses out of joint" if the ~ommission doesn't always go along with their recommen- dations. The CAB is working in an "isolated" area, but the Commission has to look at these projects in circumspect where other factors may be involved. The Commission can be ~ound by certain legal things that the CAB as an advisory board isn't bound by. The Mayor believed the CAB does an ~xcellent job and the Commission strives to go along with ~heir recommendations as much as possible. Lynne Madsen asked if the City had any kind of uniform Com- munity Design Plan. City Manager Miller referred to the ~ommunity Design Plan which had been adopted by the Commission several months back. It covers the business district areas but does not address residential. The Plan covers the main arterials in the areas of architecture, design, landscaping, etc. The Plan addresses aesthetics and sets the "tone." Mrs. Madsen asked if the Community Design MINUTES - SPECIAL CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JANUARY 23, 1991 Plan would legally cover what the CAB decides at their meetings. Mr. Miller believed it does to an extent, but it is not detailed as far as color. Don Jaeger, Building Official, pointed out only primary colors are addressed in the Plan. Mr. Jaeger noted when plans come through, the Building Dept. will make comments to the TRB and CAB as to whether the plans comply with the design guidelines or not. Mr. Miller believed the Commission would welcome ideas on areas in the Community Design Plan that could be improved. It was pointed out that the CAB had offered input on the Plan which was adopted. Other remarks were made about ,dominant exterior colors" recommended in the Plan. Mr. Jaeger pointed out that staff will make recommendations as to whether it feels plans meet the guidelines or not, but it is up to the CAB to determine and approve aesthetics of the sites. Lengthy discussion took place. The Mayor believed the City should attempt to work with the applicants as much as possible unless what they propose clearly violates the Code. Commissioner Weiner made remarks about the neW McDonald's playground which is nice for the children, but is unattractive, in her opinion. She thought the playground could have been designed in conformance with the design guidelines. The Mayor didn't agree with Commissioner Weiner. It was noted that the cost for the playground was less than $100,000 and it did not go before the CAB for review. ADJOURNMENT The meeting adjourned at 6:55 P.M.//' CIT~OF ~B'OYNTON BEACH / //.. ~ ~ ~ Mayor Vice Mayor ATTEST: / ~z.J~j Commiss loner Ci~ Clerk Commissioner Recording Secretary (One Tape) 4 Commlss~