Loading...
Minutes 08-10-04 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 10, 2004 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair Alexander DeMarco Don Fenton Marie Horenburger (arrived at 6:45 p.m.) Steve Myott Absent: James Barretta Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller I. Call to Order Chairperson Heavilin called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum.was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Fenton requested that Item VI.C. be removed from the agenda. Mr. Fenton inquired why this Board would address this since it was not within the CRA boundaries. Chairperson Heavilin explained that this was a citywide amendment to the zoning code and must to be heard by the Planning and Development Board, as well as this Board. Mr. Hutchinson requested that Item IX.A under New Business (Consideration of Fagade Grant Application for Provident Missionary Baptist Church) and Item IX.D (Consideration of Modification to the Human Resources Manual) be moved to the Consent Agenda. Chairperson Heavilin requested that these items, if approved, would become Items D. and E. on the Consent Agenda. B. Adoption of Agenda Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Motion Vice Chair Tillman moved to approve the additions to the Consent Agenda. Motion seconded by Mr. DeMarco and unanimously carried. IV. Consent Agenda A. Approval of Minutes of July 8, 2004 Workshop; July 13, 2004 Regular Meeting; and July 15, 2005 Continuation Meeting Chairperson Heavilin requested to remove the minutes from the Consent Agenda. Motion Vice Mayor Tillman moved to remove Item IV.A from the Consent Agenda. Motion seconded by Mr. DeMarco. B. C. Do Motion Financial Report Consideration of Six-Month Extension for the Facade Grant for Boynton BoundLess, LLC. Consideration of Facade Grant Application for Provident Missionary Baptist Church Consideration of Modification to the Human Resources Manual Vice Chair Tillman moved to approve the Consent Agenda, as seconded by Mr. Fenton and unanimously carried. amended. Motion Chairperson Heavilin requested that the minutes of the July 13, 2004 Regular Board Meeting, page 21, in the fourth full paragraph, second line, be corrected. The word "west" should be changed to "east." Motion Vice Chair Tillman moved to approve the minutes, as amended. Motion seconded by Mr. DeMarco and unanimously carried. V. Public Audience None 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 VI. Public Hearing Old Business None New Business Attorney Payne administered the oath to all persons who would be testifying. A. Abandonment Project: Agent: Owner: Location: Janis Group (NE 3rd Avenue (ABAN 04-004) Ron Janis/Karen Janis-Brown N/A 409 NE 3rd Street Description: Request for abandonment of a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat Eric Johnson, Planner, presented the item on behalf of staff. The abandonment is for a 45' unimproved right-of-way located between lots 11 and 30 on the Arden Park Plat. Staff has reviewed the request and finds it acceptable. There are no objections from any of the public utility companies. Mr. Johnson pointed out that there is a wastewater line that runs through the unimproved right-of-way. Before it could be abandoned, the applicant would have to dedicate that area as a utility easement. Staff is recommending approval. Ron Janis, 821 South Atlantic Drive, Lantana, owns the abutting property next to the right-of-way proposed to be abandoned. The property is overgrown and they anticipate using the right-of-way for parking for their tenants. No structures would be placed on the property that would inhibit access to the wastewater line. Chairperson Heavilin opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Myott inquired if abandonment of this right-of-way would affect access to the rear of properties as recommended in the Boynton Beach Corridor Plan. He also asked if other abandonments would affect the Corridor as well. Mr. Johnson stated that staff reviewed the request and relied upon the Engineering Division to comment, which they did not. Therefore, Mr. Johnson assumed that Engineering reviewed and approved the abandonment. Mr. Hutchinson reported that 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 the new Corridor Plan that the Board would be considering tonight would not be affected by this abandonment. Mr. Johnson noted that if the request were approved and the applicant desired to build a parking lot, it would have to go through site plan review and would have to meet today's standards. Motion Vice Chair Tillman moved for approval, subject to the stated conditions. Motion seconded by Mr. DeMarco. Mr. DeMarco inquired how much land was involved. He was informed that the alley was 40' x 135'. Vote The motion unanimously carried. B. Hei,qht Exception Project: Agent: Owner: Location: Waterside (HTEX 04-003) Charles Robertson, Southern Homes Southern Homes of Palm Beach, LLC. 3655 North Federal Highway Description: Request for height exception of seven (7) feet - five (5) inches to allow a decorative cupola to extend above the 45-foot maximum height provision in the Infill Planned Unit Development (IPUD) zoning district Eric Johnson, Planner, presented the item on behalf of staff. This Board and the City Commission approved the site plan for this project last month. There was a stipulation that the clubhouse would come back for height exception approval for the decorative cupola that exceeded the allowable 45' height limitation. Staff has reviewed the applicant's request for the height exception. It would have no adverse affect upon the existing or proposed land uses. Staff is, therefore, recommending approval and feels that it would have a positive impact upon the project. Bonnie Miskel, representing the applicant, assumed the podium and confirmed that the height exception is merely for architectural benefits to the subdivision, as well as the surrounding community. The clubhouse is located along the Intracoastal Waterway in the center of the property and is surrounded entirely by its own community. Mr. Johnson pointed out that the Intracoastal is visible from the front entrance of the community. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Chairperson Heavilin opened the public hearing. Since no one wished to speak, the public hearing was closed. Chairperson Heavilin inquired if the clubhouse could have been constructed within the height limit. Mr. Johnson noted that the applicant wanted to incorporate the current pitch of the roof. Ms. Miskel had asked Mr. Ballbe before the meeting why they did not stay within the 45' limit and Mr. Ballbe informed her that they had tried to keep it at that height, but it looked too cramped. Motion Ms. Horenburger moved for approval. Motion seconded by Mr. Fenton and unanimously carried. C. Code Review Project: Agent: Location: Description: Cedant Car Rental (CDRV 04-006) Michael A. Rodriguez, Sachs, Sax & Klein City Wide Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to allow automobile rental ancillary to auto repair, as a conditional use on sites greater than 75 acres. Eric Johnson, Planner, noted that this item was coming before this Board because the request to amend the zoning code is citywide. Currently, this only applies to property of 75 acres or larger and zoned C-3. The only property this applies to is located within the Planning and Development Board area. However, it is always possible that someone might assemble 75 acres in the CRA area and that is why the item is being presented to this Board. The applicant is requesting that car rentals be allowed as an accessory use on sites zoned C-3 on 75 acres or larger. Currently, there is only one car rental facility in the City that is located in the CRA area. Staff is recommending approval of the request; however, only 12 automobiles could be stored on site for rental purposes. The applicant had requested 15 automobiles, but staff is limiting it to 12. Also, staff is recommending the definition for "passenger car rental" be changed as follows. "Establishments primarily engaged in renting passenger cars without drivers, generally for short periods of time. This excludes those establishments primarily engaged in passenger car leasing and taxi and limousine services." This new language will add some safeguards should the issue come up again. Staff is recommending approval. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Chairperson Heavilin noted that there was an error under "Recommendation," paragraph (3) (11) that stated, "No more than fifteen (12) automobiles shall be stored on-site..." Mr. Johnson will correct this to read "No more than twelve (12) automobiles." Mr. Fenton inquired why the number of vehicles was being limited to 12 since this property was the Mall and there was more than sufficient parking available. Mr. Johnson noted that when staff reviews a request for a code review, it is normally not based on a particular piece of property. However, this case is unique in that it is the only property that meets all the criteria. When looking at the Sears property, where the cars would be located, there are only 12 extra parking spaces. Therefore, staff could not recommend 15 since there were only 12 excess parking spaces. Mr. Johnson pointed out that the Sears property he was referring to was the standalone auto repair building across the street from the Sears Depadment Store. Chairperson Heavilin noted that at site plan approval the applicant was required to provide 87 spaces and provided 99. She asked if this issue came up again, would the · number of spaces be determined for a particular site. Mr. Johnson stated that only 12 spaces would be permitted regardless of the location of the site. If an applicant wanted more than 12 spaces, they would have to request a code amendment. Mr. Myott asked what the purpose was for having cars at this location. Michael Rodriguez, Attorney for the applicant, assumed the podium. Mr. Rodriguez explained that Cendant Car Rental owns Avis Rent-a-Car, and they are forming a partnership with Seam to place rental kiosks in Sears. To this end, they anticipate keeping a limited amount of vehicles on site so that people desiring to rent a vehicle in Boynton Beach would not have to go to the airport. Mr. Rodriguez pointed out that cars would not be serviced at this location, but would come from the Avis depot located at the airport. Currently Avis has a kiosk at the Palm Beach Mall inside the Sears automotive repair area. Motion Ms. Horenburger moved for approval. Motion seconded by Mr. Myott and unanimously carried. VII. Directors' Report Mr. Hutchinson reported that the 3-D Model of the CBD is now located in the CRA office. As projects come on board, they will be added. The City Commission requested that it be brought to a Commission meeting and to the Mall to show what the Central Business District would evolve into. The Web site is now online and is still being fine-tuned. The address for the Web site is boyntonbeachcra.org., and there have already been thousands of hits. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 The CRA Police Force is now on duty in both the Heart of Boynton and downtown. The cars, bicycles and uniforms are still on order. The CRA Police Force is comprised of four fulltime officers. Mr. Hutchinson noted that the Board asked staff to contact City staff to determine if the planning and zoning items could be made available earlier in the week so that the agenda could be sent out in one packet. City staff worked very hard on resolving the issue. However, in order for the members to receive the packet two to three days earlier, it would back the CRA items into the Planning and Development Board items. Staff averages approximately six planning and zoning items per month. However, last month's agenda set a record with 15 items. If members wished to receive the packets earlier, it would result in the submittal process of items to the CRA taking another month. This raised concern for applicants having to stretch out their applications over a longer period of time. Mr. Hutchinson felt that if the average agenda contained six P&Z items, the Board could handle this. Mr. Hutchinson inquired how the Board wanted to proceed. If the Board desired the one packet, it would require staff to change all of its scheduling that would involve another month. Mr. Hutchinson pointed out that Nancy Byrne, Assistant Development Director, was present to answer any questions. Ms. Horenburger reported that she checked with other CRAs. She determined that one local CRA does not hear zoning items; they go to their Planning and Zoning Board. Also, the CRA pays for a planner in the City's Planning Department. Mr. Hutchinson said that it is not unusual for a CRA to hire a planner that specializes in urban planning. He noted that the City staff is currently down two positions and the City and the CRA work very closely with staff. Ms. Horenburger requested that it be placed on the agenda when the CRA meets with the City Commission. Mr. Hutchinson said that this could be placed on a future workshop agenda with the Commission for discussion. Mr. Fenton stated that he has served on the Board for a long time and there have been no problems, except for the last meeting where there were 15 planning and zoning items. He felt that the Board was here to serve and the way that things have been done is sufficient. He would prefer not to add this to a future agenda to discuss with the Commission. Chairperson Heavilin concurred with Mr. Fenton's assessment of the situation. She was not in favor of delaying applications any further just for the convenience of the members. Ms. Horenburger thought that if the CRA progressed the way Delray Beach has, more staff would be necessary. Ms. Byrne noted that their staff consists of comprehensive planners working on CRA projects. This means that no matter what the request is, there are appropriate planners on staff to handle it. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Ms. Byrne stated that she furnished Mr. Hutchinson with statistics that indicated both planning boards had a peak month this year. The Planning and Development Board had 10 items in February. She was proud that Planning and Zoning staff has been able to keep the pace considering they are minus two staff members. Chairperson Heavilin commended staff for doing a wonderful job. Mr. Hutchinson noted that they would keep monitoring the situation and Chairperson Heavilin did not think that this should be a priority of the Board at this time. Mr. Hutchinson reported that the State-of-the-CRA event is scheduled for Thursday, September 2, 2004. A national speaker will be featured and updates of the CRA would be presented. The City Commission and Board members are invited and it is open to the community as well. Outstanding people and projects will be recognized and it is anticipated that this will become an annual event. Mr. Fenton was very enthusiastic about the Business Development Fair and felt it would have a tremendous impact upon the City. Mr. Hutchinson reported that many small developers have expressed an interest in attending, as well as large developers. Mr. DeMarco announced that Mr. Hutchinson would be speaking at the Chamber of Commerce Luncheon on Wednesday, August 11, 2004 at Benvenuto Restaurant. Mr. Hutchinson noted that he would be giving a PowerPoint presentation updating the community on what is taking place in the CRA. VIII Old Business IX. New Business Consideration of Fa~:ade Grant Applicant for Provident Missionary Baptist Church (moved to Consent Agenda) B. Consideration of Approval of the Boynton Beach Boulevard Corridor Plan Mr. Hutchinson reported that the newest version now contains the input of staff from the last workshop. The graphics have been expanded in size for ease in reading. After the Board approves the Plan, it will be put on the CRA Web site and will go to the City Commission for approval. Motion Vice Chair Tillman moved for approval. Motion seconded by Mr. DeMarco and unanimously carried. C. Consideration of Acceptance and Funding for the Proposed Trolley System (2004/2005 Budget Year) 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Mr. Hutchinson reported that the CRA received a three-year grant of $120,000 per year to begin two trolley routes in the CRA area. Even though the grant is for three years, the contract is for two years, since the contract is a piggyback of the City of Stuart. Molly's Trolleys also has an excellent track record and has contracts with Abacoa, West Palm Beach, and Stuart. The rate is a flat fee for two years. When the City of Stuart renegotiates their contract for the third year, it will be brought back to this Board. Mr. Hutchinson pointed out that the Ocean Avenue Trolley would run Thursday through Sunday and not Saturday as stated on page 5756 in the agenda packet. The Board is being asked to approve the budget for the trolley that is included in the new budget. The reason for approving it at this time is to allow the CRA to enter into the contract and accept the MPO grant. The budget for the trolleys is $471,966 for the first year and $467,284 for the second year. Mr. Hutchinson pointed out that the grant funds and advertising revenues will offset these expenses. Staff is also working with City staff to modify the payment in lieu of parking requirement in order to address mass transit. Mr. Hutchinson noted that there was a trolley in front of City Hall on display, which is the type of trolley that would be used on Ocean Avenue. The trolley that will run from the Marina area to Congress Avenue will be a larger, enclosed air-conditioned trolley and is considered the workers' trolley. The hours of operation will be morning through evening hours. Mr. Hutchinson reported that 48% of the households in the Heart of Boynton have only one vehicle, yet almost all households have more than one person working. Staff will be hiring a company on commission to assist with the advertising. It is anticipated that the trolleys would up and running sometime around October-November. Chairperson Heavilin asked if 7:15 a.m. would be early enough for the workers' trolley since construction workers begin work earlier. Mr. Hutchinson explained that the contract is an hourly contract. The need for services will be monitored and operating hours will be adjusted accordingly. Mr. Fenton inquired where the trolleys would be stored. Mr. Hutchinson stated that the contractor would be storing them at their own facilities. He explained that the CRA is renting the equipment. The contractor is responsible for the drivers, safety, maintenance and the requirements set out by the MPO. Molly Stahlman, President of Molly's Trolley, Inc., stated that she has been in the trolley business for almost ten years. Ms. Stahlman introduced her husband, who is a partner in the business. They operate trolley businesses in Pittsburgh, Pennsylvania and West Palm Beach. Ms. Stahlman is in charge of marketing and her husband handles the daily operation of the business. Ms. Stahlman explained that the Ocean Avenue Trolley would be the entertainment trolley. In answer to Mr. Fenton's question, Ms. Stahlman stated that the trolleys are stored in West Palm Beach where there is a mechanic on staff. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Mr. DeMarco inquired who would be receiving the revenue from the advertising on the trolley and was informed that all revenue would go to the CRA. Mr. Fenton asked about the contract with the marketing company. Mr. Hutchinson explained that there are companies that do this type of marketing for advedising on buses, etc. at a cost of $2,500. Ms. Horenburger inquired what marketing company would be going after advertising revenue. Mr. Hutchinson stated that one has not been selected. Currently staff is doing this. However, he felt that this should not be a responsibility for staff. Ms. Horenburger noted that the County was concerned about the type of local advertising on its buses, such as bail bondsmen. Mr. Hutchinson stated that their advertising is already committed and he will bring this to the Board. The major advertisers are restaurants, major developers and the Mall. There is no courthouse in the City, and he did not think that the City would attract this type of advertising. Mr. Myott inquired if there was a program in effect where businesses would pay for their employees to use the trolleys. Mr. Hutchinson explained that as part of the traffic concurrency plan, major employers are required to either put money in, or they could adopt a program that rewards their employees for using mass transit. There are a groat many service workers at the Mall that live in this area, and staff is working with the Mall. Mr. Fenton inquired if the Board was being requested to approve a budget item before the entire budget is approved. Mr. Hutchinson stated this was correct. The total cost of the contract was arrived at by using $55 per hour times the schedule for three trolleys that totals $471,966. Members were previously furnished with complete funding details. Motion Ms. Horenburger moved to approve the expenditure of $471,966 for the first year and $467,284 for the second year, including marketing costs for both years. Motion seconded by Mr. DeMarco and unanimously carried. Mr. Hutchinson noted that the term of the agreement in Exhibit A, page 5764 of the Agreement, states three years. This must be changed to two years to go with the piggyback of the City of Stuart contract. Chairperson Heavilin thought that the description in the contract was unclear and only provided for one air-conditioned trolley and questioned if this needed to be clarified. Ms. Stahlman noted that this only applied to the Stuart contract. For the Boynton Beach CRA, it has been determined that the contract is for three trolleys; one open-air trolley and two enclosed trolleys. Attorney Payne agreed that this needed to be clarified. Mr. Hutchinson requested that under Scope of Service, a new paragraph 7 be added that would state that there will be two air conditioned trolleys and one open trolley at the 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10; 2004 $55 hourly rate. Mr. Hutchinson pointed out that Attorney Payne had included provisions that would only apply to Boynton Beach's contract. Motion Vice Chair Tillman moved to accept the contract that would include the provisions that the contract is for two air-conditioned trolleys and one open-air trolley, together with the other changes agreed upon by this Board. Motion seconded by Ms. Horenburger and unanimously carried. Mr. Hutchinson requested that the new reporter for The Palm Beach Post introduce himself. Members welcomed Will Vash. Do Consideration of modification to the Human Resources Manual (moved to Consent Agenda) E. Consideration of Review Committee for RFQ for Legal Advisor Services Chairperson Heavilin inquired if the RFQ has gone out and Mr. Hutchinson stated that it has. There had been previous discussion that a review committee would be formed to go over the responses. Mr. Hutchinson inquired if any Board members wanted to serve on the committee. Because the committee would be comprised of more than one Board member, the committee meetings will be posted. Vice Chair Tillman and Chairperson Heavilin indicated that they would like to serve. Ms. Horenburger said that she would be an alternate, if needed. Mr. Hutchinson would also like to serve. Ms. Horenburger thought that Mr. Hutchinson was not eligible to serve as a voting member on a selection committee since he was staff. Attorney Payne responded that Mr. Hutchinson could serve in that capacity since the meeting would be posted. Chairperson Heavilin noted that the Board would still make the final decision and this is only a committee recommendation. Ms. Horenburger withdrew her offer to serve on the committee. Motion Vice Chair Tillman moved to approve the selection of three persons to serve on the committee for the Review of the RFQ for Legal Advisor Services. Motion seconded by Mr. Myott and unanimously carried. X. Commissioner Action Chairperson Heavilin appreciated having an overview included in the agenda packet on how the Commission voted on CRA recommendations. Xl. Board Member Comments 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 10, 2004 Mr. Myott reported that he attended a forum sponsored by the Business Development Board this morning where he learned that the County Commission at their Tuesday, August 17th, meeting at 2:00 p.m. would be considering locations for the Scripps Project. Environmentalists have been putting a lot of pressure on some of the County Commissioners. The vote is critical since a great deal of money has been spent and opportunities could be lost on the project. The County Commission is seeking position papers, and he thought that the CRA, the Chamber of Commerce and other interested parties could give their positions. He will bring copies of the County Commission agenda to the Chamber of Commerce meeting tomorrow. Ms. Horenburger noted that some environmentalist groups may be filing lawsuits, which could hold up the process. Xll. Legal Xlll. Other Items XlV. Future Agenda Items A. Budget Workshop for Financial Analysis (August 26th) B. City/CRA Workshop (August 16th) Consideration of Modification to the Direct Incentive Program to Include Arts Commission Elements for Incentive Scoring (September) D. Consideration of Direct Incentive Application for the Promenade at Boynton Project (September) Chairperson Heavilin announced the City Commission/CRA Workshop scheduled for August 16th at 6:30 p.m. in the Library. Chairperson Heavilin announced that the Budget Workshop is scheduled for August 26th at 6:00 p.m. There being no further business, the meeting properly adjourned at 7:50 p.m. Members proceeded to take a ride on the trolley. Respectfully submitted, Barbara M. Madden Recording Secretary (August 11,2004) 12