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Minutes 03-12-04 MZNUTES OF THE AGENDA PREVIEW CONFERENCE HELD ZN CONFERENCE ROOM C, WEST W~ZNG, CTrY HALL, BOYNTON BEACH, FLOI~DA ON FR~DAY~ MARCH 12~ 2004 AT 10:00 A.M. Pre~ent Jerry Taylor Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Absent Mike Ferguson, Vice Mayor Kurt Bressner, City Manager James Cherof, City Attorney Bonnie Glinski, Deputy City Clerk Mayor Taylor called the meeting to order at :[0:00 a.m. ZT.A. Tnformational Ztems by Members of the City Commission Mayor Taylor said that at the Commission meeting he would be announcing some positive things that are happening in the City (e.g., the ribbon cutting for the Promenade, the groundbreaking for the Marina, Intracoastal Park, the improvements at Boat Club Park and the purchase of Jaycee Park. He would also mention that the City is actively working on the Senior Center and the Library expansion. Commissioner McCray requested that the Mayor also mention HeritageFest. V~.B.5. Award the "ANNUAL CONTRACT FOR SECURZTY GUARD SERVICES," Bid #021-2710-04/C.1D to DIAMOND DETE~E AGENCY, TNC. of Chicago Heights, [L, with an annual expenditure of $37,632 (to provide security on a yearly basis to patrol Ezell Hester 3r. Community Center and the Library) Commissioner McKoy questioned why there was not a local vendor. City Manager Bressner explained that in all probability the employees that would be hired would be local people. Commissioner McCray requested feedback on the pros and cons of having security officers. VT.C.5. Proposed Resolution Re: Tnterlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services Commissioner McCray asked whether the City would be put at risk with the high-rises in Hypoluxo. Fire Chief Bingham explained that most of the buildings there are relatively new buildings that are protected with fire sprinklers. This is an extension of a contract that the City has had for the past seven years. He said that there was no concern with regard to the fire protection built into Hypoluxo's high-rises. Meeting Minutes Agenda Preview Conference BoYnton Beach, Florida March 12, 2Q04 VT.C.IO. Proposed Resolution Re: Approving Task Order #R04-10-001 in the amount of $119,700 to Kimley-Horne and Associates, Tnc. for schematic design phase services for Wilson Center, Pool and Park Commissioner McCray asked what the turn-around time was for this project. Wally Majors, Recreation & Parks Director, reported that they hoped to be able to get through this schematic design phase by July 2004 and go out for bid in February 2005. Mr. Majors and Assistant City Manager Hawkins are working on the communications for this project and some feedback from the public would be allowed. City Manager Bressner explained that this is a recreation building. He said that pressure would be put on the City staff for other uses for this building. ]~t was never envisioned as anything but a recreation facility and community center. It would be helpful to pull this item for discussion at the Commission meeting and let this be known. VZ.C.12. Proposed Resolution Re: Approving Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, ThC. for architectural and engineering services for design and construction administration for Senior Center Phase Commissioner Ensler wondered whether this item should be tabled until the Commission has a workshop. City Manager Bressner said that he could arrange a workshop regarding the Senior Center, the Woman's Club, the l~ntracoastal Park Clubhouse and the Wilson Center. VT.C.15. Proposed Resolution Re: Approving Task Order No. U04-10-01 in the amount of $1,963,000 to Kimley-Horn and Associates, Tnc. (KHA) for Program Management Services, West Water Treatment Plant (WWTP) Expansion - Phase 4 Commissioner McCray asked regarding the timeline for the start of phase 4. Dale Sugerman, Assistant City Manager, said that work would begin the day after the contract was awarded. VT.D.1. The Jefferson @ Boynton (f.k.a. South Congress Avenue Residential) (SPTE 03-006) V:[.D.6. Westbrooke @ Boynton (MSPM 03-013), Commissioner Ensler explained that items D.! and D.6 were the same property. The original developer of the Jefferson property sold the rights to Westbrooke. l~tem D.1 is a time extension of the original site plan for which staff recommended denial. Westbrooke is the replacement, which is a modification of that plan. Staff recommended approval of this. If the Jefferson site plan extension was denied first, then there could not be a modification of a site plan that was turned down. The Planning & Development Board reversed the order and heard Westbrooke first. After that was approved, they then denied the time extension for the Jefferson. It was the consensus of the Commission to reverse these two items on the agenda so that the request for site plan modification would be heard first. 2 Meeting I~linutes Agenda Preview Conference BOynton Beach. Florida March 12. 2004 City Manager Bressner requested that the Westbrooke item be pulled from the Consent Agenda. He had a concern regarding the proximity of this project to the wastewater treatment plant. He wanted to ensure that the developer discloses to the buyers of the units that there is a wastewater treatment plant nearby. VI.E.1. f4ariners Way (ZNCV 04-001), 800 I~ariners Way - Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of 40 feet, to allow for a variance of 30 feet, and a front yard setback of 10 feet for a structure within an R-3 zoning district Since this item was tabled by the CRA, it was the consensus of the Commission to remove the item from the Commission agenda. VI.E.2. Deliverance by Faith Church (NWSP 04-001), Lots 4 & 5, Block 1, Frank Weber Addition - Request for New Site Plan approval for a 3,090 square foot church on a 0.32-acre parcel in a C-2 zoning district Commissioner Ensler had a concern because the church said that they bought this property years ago. The Heart of Boynton development plan indicates that this is not what they want there. He questioned whether the City could hang their legal hat on that. City Attorney Cherof said that the Heart of Boynton Plan does not supersede zoning. Doug Hutchinson, CRA Director, explained that they are working on alternative sites for the church. They would be working on a land trade with them to keep the church in the area. Commissioner McCray asked when the church bought the property. Staff will obtain this information. was the consensus of the Commission to table this item at the Commission meeting. VI.J. Approve the "SURPLUS VEHICLE/E(~UIPIqENT LIST" as submitted by Public Works Department and allow for the sale of same Commissioner McCray said that in the past, Mr. Bob Brown (res/dent of Boynton Beach) has felt that citizens should have first chance at these items. He wondered whether the City could provide a list to Mr. Brown. Diane Reese, Finance Director, explained that the list is on Ebay and is therefore available to the public. ]:t was noted that a notice would be made available at the front counter to notify the public that if they were interested in bidding, they must go through Ebay. VI.K. Award the balance of a "Three Year Contract for Financial Auditing Services," RFP#061-1410-03/C3D to Caler, Donten, Levine, Druker, Porter & Veil, P.A. of West Palm Beach, Florida, for the fiscal years ended 9/30/04 and 9/30/05 3 Meeting Minutes Agenda Preview Conference Bovnton Beach, FI0rid~ Mqln;:h '12, 2004 Diane Reese, Finance Director, explained that last year there was an RFP for auditing services. The bid was for three years. At that time, the Commission awarded this company a one-year contract. She is now requesting that the City award the second and third year of that contract to the same auditors due to the fact that she and her assistant would be leaving the City. This would provide continuity. The pricing would be the same as last year. City Attorney Cherof added that this action would amend the one-year contract. The consensus of the Commission was to extend the contract for two years for continuity. VIII.A. Mixed Use Cede Review (CDRV 04-001) ('TABLED ON 02/.Z7/04) VZI.B. Notice of Intent (Resolution No. R04-028) to adopt pending Zoning Code Amendments - Single Family Residential VZII.C. Notice of Intent (Resolution No. R04-029) to adopt pending Zoning Code Amendments - Mixed Use Commissioner Ensler had a concern regarding approving a zoning change when it might affect a residential community next door. City Manager Bressner explained that the Mixed Use Low and Mixed Use High are restricted to the Federal Highway corridor that currently has a land use classification of Mixed Use. :It is theoretically possible for the Mixed Use Low to be extended further south toward Woolbright Road in the event that the underlying property land use changes to Mixed Use. Currently, the land use plan is a combination of single family and multi-family. Ed Breese, Principal Planner, explained that item A is for the review of Mixed Use zoning to look at the effects so far and make proposed amendments. This item was tabled by the CRA and should be resolved soon. There is an :INCA survey out to citizens and some changes would be integrated into the ordinance. City Manager Bressner requested that item A be tabled to allow further discussions with :INCA, the CRA and other interested parties. Commissioner McCray requested that item A be removed from the table to announce that it would be retabled because there are still meetings being held with :INCA. Commissioner McCray wondered whether items B and C could be tabled. City Attorney Cherof explained that if items B and C were tabled, it would delay the start of the study period. The start of the study period starts what essentially is a "zoning in progress" period. People could come in and make submittals inconsistent with what was being studied. :It was noted that once the ordinance for item A is adopted, the "zoning in progress" for item C could be lifted. 4 Meeting Minutes Agenda Preview Conference Bovnton Beach, FIQri(J~ March 12. 2004 VZTLD. Project: Suburban Mixed Use Zoning District (CDRV 04-002) City Manager Bressner distributed reference sheets regarding the Suburban Nixed Use Zoning District. These are on file in the Office of the City Clerk. Commissioner Ensler wanted to ensure that the ordinance would not allow one developer to build a 75-foot building and another developer to build a 37.5-foot building adjacent to it. VIII. E. Project: VIII.F. Project: VIII.G. Project: VIII.H. Project: Renaissance Commons (CPTA 03-001) Renaissance Commons (DR/A 03-001) Renaissance Commons (LUAR 03-009) Renaissance Commons (LUAR 03-009) Commissioner McKoy said that he has received many telephone calls from citizens and they would be at the Commission meeting to voice their concerns. City Manager Bressner suggested that at the Commission meeting, Mayor Taylor advise the public that there have been no plans submitted for the Winchester property. Any development of that property would be governed by item D, Suburban Mixed Use Zoning District, on the agenda. Ed Breese, Principal Planner, explained that currently, the Winchester property is not a DR:[ designation so at the present time the SMU could not be applied to that property. :[t would need to come back as an entire process to the City Commission. IX.B. Senior Center Fee Study Commissioner Ensler felt it was premature to have this item on the agenda. He thought that the Commission should first be making some policy decisions on how that center would be used. Mayor Taylor did not agree. He felt that the City should start receiving money. The fee does not start until January 2005. Commissioner Ensler said that it appears that a majority of people who use this facility do not live in the City. The Commission has a financial fiduciary responsibility to consider that it is now costing approximately $250,000 in tax money to run that facility. Mayor Taylor agreed with Commissioner Ensler. However, he did not know why they would want to delay charging the fees. City Manager Bressner urged the Commission to at least discuss the subject publicly so that staff could build this into their budget. It was the consensus of the Commission to move forward with this. City Manager Bressner requested that an item be added to the City Manager's Report as item D, entitled Report on Palm Beach County Days. Meeting Minutes Agenda Preview Conference BoYnton Beach, Fl~>rida March 12, 2004 FUTURE AGENDA TI'EMS It was the consensus of the Commission to add the following to Future Agenda Items: Condition assessment- Boynton Woman's Club (April 7, 2004) Discussion of establishment of Arts Commission (April 7, 2004) X, F, Discussion regarding Non Quasi-judicial Advisory Board Consolidation City Attorney Cherof explained that in order to draft appropriate ordinances to consolidate any of the non quasi-judicial advisory boards, he would need some Commission direction. The discussion could be held at the April 20th Commission meeting under Legal, Other. He distributed a chart of all the Boards that indicates any special requirements for appointments. A copy is on file in the Office of the City Clerk. X,G, Old High School - what needs to be done to allow people into the school The title of this item was changed to Status Report on Old High School (April 20, 2004) X/I.A.4. Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9-24, "Requirements for high-rise buildings and buildings with six or more stories City Attorney Cherof recommended that this item be tabled. There are components of the ordinance, for example the firefighters' air system, which could be very costly regulatory additions to the code requirements. Commissioner Ensler suggested that this should go out to a few of the developers to get their comments on what impact it might have on their proposals. It was the consensus of the Commission that this item would be tabled until the first Commission meeting in May to allow staff to circulate it to interested parties. X:[I.A.8. Proposed Ordinance No. 04-00g Re: Creating a new Subsection 2-92 within Chapter 2, "Administration," of the Code of Ordinances, providing for the consolidation of powers of the Nuisance Abatement Board and the Code Compliance Board and amending Chapter 15, Article V/II to change all references to "Nuisance Abatement Board" to "Code Compliance Board" X/I.A.9. Proposed Ordinance No. 04-010 Re: Consolidation of powers of the Building Board of Adjustment & Appeals with the Planning & Development Board City Attorney Cherof distributed lists of the four Boards that are affected by these two ordinances. A copy of the lists is on file in the Office of the City Clerk. These lists indicate the expiration dates of the Board members' terms. Since two boards would be merged into two Meeting Minutes Agenda Preview Conference BoyntQn Beach, Florida March 12, 2004 others, the Commission would need to look at the terms of the individuals because some are ending this April. Also, some of the ordinances require some qualifications to serve on the Board. These lists indicate the current professions of the members. City Attorney Cherof explained that, for example, some of the individuals that are on the Building Board of Adjustment & Appeals may be appropriate for consideration to merge into one of the vacancies that is coming up on the Planning & Development Board. His recommendation was, for example, that a member of the Building Board of Adjustment & Appeals who is an electrical contractor be carried over to fill one of the vacancies on the Planning & Development Board, which is a board that gives preference to people with technical experience. Mayor Taylor pointed out that this would be only a recommendation. :It was the prerogative of the Commission to appoint whomever they want. XZT.D.2. Appointment of Code Compliance Board Chair and Vice Chair XTI.D.3. Appointment of Planning & Development Board Chair and Vice Chair There was discussion regarding items D.2 and D.3 and the timelines for the appointments of the chairs and members, l~t was suggested that the ordinance dealing with these appointments, item XI:]:.A.5, be amended so that the Chairs would be appointed in April rather than March and then everything would be in sync. This being the case, items D.2 and D.3 were deleted from this agenda. XTT.D.4. Proposed settlement - Vincent Molle and Alene Molle vs. City of Boynton Beach and the Florida Department of Transportation - Case No. CA 01-07267-AG City Attorney Cherof explained that this case is scheduled for trial in a few weeks. In the settlement agreement, the City's obligation is only to pay $10,000 to the Florida Department of Transportation and no money to the plaintiffs. The City would give up potential interest in some land that in the long run would save money, particularly on the maintenance of Banana Boat Way. Also, a small triangle of the drainage retention area would be conveyed to the Department of Transportation who in turn would convey it back to the owners of the Banana Boat site. City Attorney Cherof highly recommended the settlement. X~Z.D.5. Texaco Station site development update City Attorney Cherof explained that this matter had come before the Commission on a couple of occasions. Alter the denial of variances by the Commission, the adjacent property owners to the east and the property owner, through the City staff, tentatively worked out a resolution whereby the property owner would agree to a deed restriction prohibiting the car wash from being built on the eastern parcel. ]:n exchange, the residents to the east would withdraw any objection they have to the expansion of the current convenience store for the purpose of 7 Meeting Minutes Agenda Preview Conference Boynton Beach, Fl~ri~ip M~rch :t2, 2004 building a small storage area. This would require a formal agreement to be signed by all the people. This agenda item was requesting authority by the Commission for the City Attorney to draft the agreement. It was unusual to draft a document for other people, but it might facilitate the resolution of a neighborhood dispute. The next step would be that the Texaco owner would have to modify whatever application he wants to make in order to improve his site to build this storage site and that would come back to the Commission. OTHER A workshop regarding Utility Projects was scheduled for April 12~ at 6:30 p.m. at the East Water Treatment Plant. A workshop regarding other capital improvements was scheduled for April 19t~ at 6:30 p.m. These projects include the Boynton Woman's Club, the Senior Center, l~ntracoastal Park, the Wilson Center and the Tennis Center There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 11:30 a.m. A'FI'EST: Deputy City Clerk (one tape - 03/22/04) C~TY OF BOYNTON BEACH 8 Exhibit - Agenda Preview 3/12/04 Suburban Mixed Use (SMU) Quick Reference Sheet Conf. 1. Rationale for limiting the SMU zoning district to West of 1-95' The SMU zoning district represents the establishment of a mixed use district with suburban standards to accommodate higher density and intensity that supports current market demands and land values, and is compatible with adjacent properties. Unlike the new mixed use districts created for the downtown and Federal Highway corridor, the SMU is tailored to traffic and pedestrian characteristics typical of suburban environments. Whereas the Mixed-use Low and High districts emphasize perimeter pedestrian environments, the SMU is intended to create "life centers", or special pedestrian environments internal to the project. Although there may be exceptions, depending on project design, the suburban environments, by virtue of existing traffic/road characteristics, are limited to the commercial areas west of 1-95. 2. Locations intended for the SMU district, and minimum acreage for a DRI: In addition to the above response, the ordinance is currently drafted consistent with the proposed land use plan amendment, which is proposed in accordance with a solution generated in collaboration with the Florida Department of Community Affairs (DCA). This solution addresses the absence of a mixed use land use classification applicable and appropriate for property outside the downtown area which currently has an established land use classification. It was the suggestion of DCA that the DRI would be established as a land use classification within the Comprehensive Plan, utilizing the density and intensity limits already approved in the DRI. There are currently the following three (3) DRI's in the City: Quantum Park, the Boynton Beach Mall, and Renaissance Commons (fka Motorola). There is no minimum acreage limit as a DRI threshold; however, for future purposes, the ordinance sets a minimum acreage limit at 10 acres. Although there is no existing DRI that is as small as 10 acres, the ordinance has been drafted to potentially apply to other properties not designated as a DRI. In order for the SMU district to apply elsewhere, on a non-DRI project, an altemative land use classification must be created and approved by the City and DCA. 3. Height and setback requirements: In order to accommodate greater heights, yet maintain compatibility and scale with adjacent properties, those buildings in excess of 55 feet are subject to Conditional Use approval and a minimum setback of 225 feet from the perimeter boundary of the SMU master plan. To minimize the visual impact of heights up to 75 feet, it is also proposed that such buildings be separated from the perimeter by other project (intervening) buildings, which have the effect of terracing the heights down to the minimum height at street frontage of 35 feet. The attached graphic has been prepared to illustrate the intended effect. S:~lanning~Bre~e~SMU Q & A.DOC ~×h;.bit - Agenda Preview Conf. 3/12/04 ~0 7 Regulars - 2 Alternates Staggered Three-year Terms for Regular Members One-year terms for Alternates Exhibit - Agenda Preview Conf. 3/12/04 2003 BUILDING BOARD:OF 'MENT & MEMBER BESSELL, Michael 2657 CRANBROOK DR 33436 HOLLINGSHEAD, Agnes S. 3600 S CONGRESS AVE SUITE G 33426 KURTZ, Richard-Chair 1221 SW 26 AVE 33426 MULROY, Robert 1050 SW 24 AVE 33426 PETERSON, Brita 4 COLONIAL CLUB DR #301 33435 STERNBACH, Melvyn 222 CITRUS TR 33426 ZlMMERMANN, Robert 811 SW 18 CT (33426) ALTERNATES: EXPIRES PHONE PROFESSION 4/06 R-735-3293 Structural Inspector/ B-(954) 797-2782 Plans Examiner 4/04 736-9966 Attorney 4/04 737-0625 4/04 732-1562 Elec. Engineering Consult. Elec. Contractor 4/05 737-6346 Retired 4/O5 738-1912 4/06 736-7686 Retired HAMMER, Patti 52G STRATFORD LN 33436 RUSSELL, Milton 1004 NW 3 ST 33435 4/04 737-0471 4/04 732-2187 Real Estate Leasing Building Contractor CITY EMPLOYEE REPRESENTATIVE: bg - 03/09/2004 s:\cc\wp~3oards~lists\bldg bd of adj & appeals .doc JOHNSON, Don - Building Official 7 REGULARS 8~ 2 ALTERNATES Staggered Two-year Terms for Regular Members One-year Terms for Alternate Members 2003 P NNZNG & DEVELOPMENT BOARD MEMBER EXPIRES PHONE PROFESSION CASAZNE, Sergio, .lr. 4/04 13 MEADOWS PARK LN (33436) CWO'NAR, William - Vice Chair 4/05 2701 SW-8m ST (33435) FR]:EDLAND, Mike 4/04 330 NE 26TM AVE, #118 (33435) HAY, Woodrow 4/04 427 NW 5th AVE (33435) McMAHON, 3ames R. 4/04 629 SW 21~t CTR (33426) MYOTF, Steve 4/05 3012 FERNWOOD DR (33435) WTSCHE, Lee - Chair 4/05 1302 SW 18m ST (33426) 969-6684 732-6340 Independent Consultant & Free Lance Court Interpreter Owner - Sign Shop 364-1514 Retired 732-9484 Applications Systems Specialist P.B.C. School District 364-1318 Retired 736-3564 Architect 732-7792 Retired ALTERNATES: CENT]:, Anne 4/04 13 C SOUTHPORT LN (33436) FZTZPATR]:CK, Mike 4/04 374-9841 Retired 742-6626 Firefighter Lt./Paramedic CITY EMPLOYEE REPRE~;ENTA'F~/E: RUMPF, Mike - Planning & Zoning Director bg - 3/9/2004 3:43 PM s:\cc\wp\boards~lists\planning & dev. bd.doc 12 7 Regulars - 2 Alternates Staggered Three-year terms for Regulars One-year Terms for Alternates 2003 Member COSTANT/NO, Michele, Vice Chair 155 FLAMINGO DR (33435) DE LISO, Christopher, Chair 4/06 P.O. Box 1401 (33425-1401) FOOT, Robert 4/05 760 E. OCEAN AVE COASTAL TOWERS #507N (33435-5169) MIRIANA, 3ames 4/04 728 NE 8m AVE (33435) RAFKIN, Dave 4/04 143 CITRUS PARK CIA (33436) SHAMBLTN, Brenda 4/05 1607 MEADOWS CIA W (33436) OPEN 4/05 Alternates: CARROLL, Kathleen 4/04 22C CROSSINGS CIR (33435) COOK, Kathy S. 4/04 1074 NW 11~ ST (33426) Expires 4/06 Phone 547-5531 731-5755 R-734-7290 B-994-5009 732-0386 736-2552 439-1630 ce11-704-8931 350-8146 364-8623 Profession Dir. of Student Sews. shelle¥@castleoakacademy.orq Legal Traffic Accident/ Homicide Consulting Sales of Financial Services Construction Retired Physician Marketing Rep. Adult Protective Investigator Permit Manager Board Attorney: Assistant City Attorney 100 E. Boynton Beach Boulevard 6oynton Beach, FL 33435 (561) 742-6050 (leave message) (561) 742-6054 (FAX) CITY EMPLOYEE REPRESENTATIVE: bg - 3/9/2004 BLASIE, Scott - Code Compliance Admin. s:\cc\wp~oards~ists\code compliance hal.doc 5 REGULARS & 1 ALTERNATE Two-year Terms for Regular Members One-year Term for Alternate BOARD MEMBER EXPIRES PHONE PROFESSION COOPER, John J. 975 NW 10th STREET (33426) 4/O3 737-5828 Purchasing Manager KELLY, Peter 2070 SW 13th TERRACE (33426) 4/03 737-O888 Retired MYERS, Brady 73 CEDAR CIRCLE 33436 4/04 642-9377 Police Investigator WARNKE, Tom 625 LAKESIDE HARBOR 33435 4/O3 R-732-1676 Regional Mgr. Costa Del Mar YERZY, Richard 26 HASTINGS LANE 33426 4/O4 641-2941 Semi-retired ALTERNATE: GODFREY, Kurt 4/04 812 CHAPEL HILL BOULEVARD (33435) 752-0543 Business Owner CITY EMPLOYEE REPRESENTATIVE: TBA- Police Department bg - 03/09/2004 s:\cc\wp\boards~lists~nuisance abatement hal.doc 11