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Minutes 01-14-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, JANUARY 14, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. Call to Order Mayor Taylor called the meeting to order at 10:00 a.m. II. Other A. Informational Items by Members of the City Commission Commissioner Ferguson will have several items that he will be presenting under this item. Vice Mayor McCray will also be making several remarks. III. Announcements, Community & Special Events & Presentations: Mayor Taylor noted that Boynton Beach Faith Based Community Development Corporation would be making a 1 O-minute presentation. VI. Consent Agenda A. 2. Minutes - Regular City Commission Meeting - January 3, 2005 Commissioner Ferguson felt that there was an error in the minutes regarding the CRA Board appointments and he would like to reopen this. Vice Mayor McCray had some items that he would like to add to the agenda and inquired where this could be added. Mayor Taylor stated that they could be added at the time of Agenda Approval. Vice Mayor McCray would be adding items to the agenda regarding "Discussion of the City Manager", "Discussion of the City Attorney," and "the Boynton Beach Police Department." Vice Mayor McCray informed Mr. Bressner and Mr. Hutchinson that he would not be meeting with them on Tuesday morning. Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 It was agreed to add these items under Item II, "Other," "Informational Items by Members of the City Commission" as Item A.1. Vice Mayor McCray had issues that needed to be brought out in the open regarding the concerns of the residents of District 2. Mr. Bressner inquired if staff would be furnished with information prior to the meeting. Vice Mayor McCray responded that the citizens would be providing their comments at the meeting. When these issues are discussed, Vice Mayor McCray will request that Mr. Bressner take the podium or sit in the audience. Commissioner Ferguson requested to add under "Unfinished Business" a discussion regarding the CRA Board. He would not be correcting the minutes. Vice Mayor McCray requested that this item be expanded to include discussion of the "CRA Director, Doug Hutchinson," since he had comments regarding Mr. Hutchinson, as well. VI. Consent Agenda D. Ratification of Planning & Development Board Action: 1. St. Gregor~ Armenian Church (SPTE 04-011) - West of Southwest 8 Street, South of Boynton Beach Boulevard - Request for a one (1) year time extension of the site plan approval granted 0 September 2, 2003 from September 2, 2004 to September 2, 2005 (POSTPONED TO JANUARY 18, 2005 AT APPLICANT'S REQUEST) Commissioner Ensler would be pulling this item. He had the same issues regarding the residents of Leisureville being upset about erecting a 30' building in back of their single- family homes. He noted that there were three phases to the site plan; the first two dealt with the Church and the social hall, which the residents are in favor of. The residents of Leisureville objected to the third phase, which is a 30' building that would be built in back of the Church for use as a basketball court. The Planning and Development Board approved the extension 4-3. He felt that this was not a good vote. Ms. Jaskiewicz will be at the meeting to ask the Commission to deny phase 3 of the plan. Mr. Ensler reported that a meeting was held with some City staff and residents of Leisureville, at which time several changes were made to the site plan. The developer agreed to those changes and they are included in the agenda packet. Commissioner Ensler inquired how the changes to the site plan would be addressed. He also inquired if the applicant could be granted a site plan extension for the first two phases or would the entire request have to be voted down in support of the residents of Leisureville. Mayor Taylor noted that the applicant is asking for an extension to the site plan, which has nothing to do with the site plan itself. When the site plan comes to the Commission that would be the time to discuss phase 3. 2 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 Attorney Cherof responded that the Commission would either approve or deny the request for a site plan extension. Commissioner Ferguson inquired if the discussion could be limited to the site plan extension only. Attorney Cherof stated that this would have to be determined when the actual discussion took place. VIII. Public Hearing A Project: Agent: Owner: Location: Barr Property (LUAR 04-009) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential (1ST READING OF PROPOSED ORDINANCE NO. 04-090) - TABLED TO JANUARY 18, 2005 Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD) (1sT READING OF PROPOSED ORDINANCE NO. 04-091) TABLED TO JANUARY 18, 2005 Proposed use: Townhouse community of 180 units B. Barr Property (NWSP 04-013) - 1801 NE 4th Street -Request new site plan approval for a 180-unit town home development on a 9.88 acre parcel in a proposed PUD zoning district - TABLED TO JANUARY 18, 2005 Mr. Hudson stated that these items have been continued to the March CRA meeting and need to be re-advertised. Mr. Bressner inquired if the items should be removed from the agenda. Mr. Rumpf responded that the items would be pulled off the agenda at the meeting for re-advertising. Mayor Taylor inquired if the parties would be notified that the items would not be heard. Mr. Rumpf responded that there is a contact person for the project and he has already been notified that the items would not be going forward. C. Project: Agent: Owner: Location: Seaview Park Club (LUAR 04-010) Weiner & Aronson, PA Wayne Irving and Charlene Darst 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 feet north of the Boynton C- 16 Canal 3 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 Description: Request to reclassify :1:3.81 acres of land by amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential; and Request to rezone from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) Proposed Use: Residential Condominium Development D. Seaview Park Club (NWSP 04-014) - 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 feet north of the Boynton C-16 Canal - Request for new site plan approval for the construction of 69 condominium units on 3.756-acres in the IPUD zoning district Mayor Taylor anticipated that many residents would be speaking against these items. He reported that the CRA Board passed two items and could not make a decision on the site plan that resulted in a 3-3 vote. This equated to the CRA sending the item onto the Commission without a recommendation. Attorney Cherof would be providing the City's quasi-judicial outline and will explain the process to the public. Commissioner Ensler inquired when staff's recommendation to lower the height to 38' would be addressed. Attorney Cherof will address this at the meeting. X. Future Agenda Items E. City Commission District Boundary Review (February 1, 2005) Vice Mayor McCray inquired if this was on target for February 1, 2005. Mr. Sugerman responded that staff is trying to be ready for the first meeting in February since the deadline for submittal was yesterday. XII. Legal A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 04-045 Re: Regarding property consisting of approximately 81.814 acres and located between Congress Avenue and the LWDD E-4 Canal, more particularly described herein; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan, the Land Use Designation is being changed from Moderate Density Residential to Mixed Use-Suburban (Boynton Village) 4 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 2. Proposed Ordinance No. 04-046 Re: Regarding the application of Klatt Family Limited Partnership, amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R-1-AA Single-Family Residential to Suburban Mixed Use (SMU) (Boynton Village) Commissioner Ensler asked what the difference was between 1 and 2. Was the first Ordinance for the Future Land Use Plan and the second Ordinance for the rezoning of the property? Mr. Bressner responded that this was the intent of the two Ordinances. 3. Proposed Ordinance No. 04-047 Re: Regarding property consisting of approximately 25 acres and located on the northeast corner of the intersection of Congress Avenue and Old Boynton Road; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City for the property more particularly described herein; the Land Use Designation is being changed from Moderate Density Residential to Local Retail Commercial (LRC) (Boynton Town Center) Commissioner Ensler stated there was a difference between the staff report and the minutes of the Planning and Zoning Board regarding the dedication of parkland. The staff report stated that the Commission voted to accept land in lieu of a fee, but the amount of land would be based upon the Comprehensive Plan. The minutes indicate that the amount of land that would be taken would be based upon the Ordinance that was passed in 2002. Commissioner Ensler asked for clarification. Attorney Cherof stated that the Ordinance dealt with a recreation fee with a conversion option to land by the Commission, which the Commission approved and dictates the amount of land that the developer has to provide in lieu of the recreation fee. Attorney Cherof thought that this was approximately two (2) acres. Commissioner Ensler noted that the drawing of the project showed that five (5) acres of parkland would be dedicated. Therefore, would the passage of the Ordinances be for five (5) acres. Mr. Rumpf did not think that the drawings indicated that five (5) acres would be dedicated. Those five (5) acres are a set aside for recreation and open space purposes. The two (2) acres referred to by Attorney Cherof could be used for impact fee purposes. The remainder of the land would come from the useable open space requirements of the SMU Ordinance and staff has encouraged the applicant to consolidate land to provide a sizeable piece of property of approximately five (5) acres for neighborhood park purposes that would be consistent with the Comprehensive Plan. 5. Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed 5 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 Use-Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development Commissioner Ferguson recommended including the two streets that would be added, i.e., SE 4th Street and MLK Boulevard for clarity. 10. Proposed Ordinance No. 05-003 Re: Amending Chapter 14, "Motor Vehicles and Traffic", amending Section 14-9, "Disabled Parking Space Violation" of the Code of Ordinances, providing for dismissal of disabled parking violation citations under specified circumstances and for an administrative fee associated therewith Commissioner Ferguson noted that the $25 fee was still included on the agenda request form. Mayor Taylor thought that this was going to be deleted. Police Chief Marshall Gage reported that the Police Department discontinued canceling citations over a year ago because they were canceling over 900 tickets per year. This required a great deal of administrative work for staff. As a result, citizens were referred to the Clerk's Office at the Courthouse because State Statute states that failure to hang the handicapped placard resulted in a $250 fine. Many of these people were repeat offenders and staff felt it was reasonable to request being reimbursed for the administrative costs of canceling citations. Chief Gage respectfully requested that the Commission reconsider including the $25 administrative fee. Vice Mayor McCray was not in favor of charging a $25 administrative fee. Mayor Taylor was surprised to learn that the Police Department was dealing with over 900 citations a year. He felt that there needed to be something in place to discourage this and charging $25 might help. It was people's responsibility to hang up their handicapped tags. Mr. Bressner recommended not charging the fee for six months and re-Iook at the results. Commissioner Ferguson suggested giving a person a one-time opportunity and if they came in a second or subsequent time, they would be charged the $25 fee. Chief Gage explained that he has the legal right to cancel any ticket as Chief of Police. He initiated the policy of not dealing with tickets because of time constraints on his Department. He would like the Ordinance amended to state if a person incurred a second or subsequent violation in a twelve-month period, it would result in an administrative fee. Commissioner Ensler felt that this could result in negative press for the City to charge a fee. If a person were issued a second or third parking violation, they would have to go to court. Chief Gage responded that a person being sent to the court could also become displeased with that process and might be told that the City could have handled it. 6 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 Vice Mayor McCray noted when the item first came before the Commission, a representative from the Police Department was requested to bring the Commission statistics on how many people were coming to the Police Department to have their tickets cancelled and this information has not been furnished. Mayor Taylor recommended that Chief Gage bring his arguments up at the Commission meeting and the Commission would decide at that time on how to address this. Vice Mayor McCray requested that the Police Department furnish the Commission with statistics from other cities to determine how many requests they received to cancel tickets. Chief Gage did not think this information could be available by Tuesday. Mayor Taylor felt that this would have no relevance on how Boynton Beach handled this. XII.A.2. Proposed Ordinance No. 04-046 Re: Regarding the application of Klatt Family Limited Partnership, amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R-l-AA Single-Family Residential to Suburban Mixed Use (SMU) (Boynton Village) Commissioner Ensler requested to address this item. On page 12 of the agenda, the backup stated, 'Therefore, staff recommends that the subject request be approved, provided that the master plan, as required by the Suburban Mixed Use Zoning Regulations, is approved concurrently." Commissioner Ensler inquired if the sequence of the Ordinances on the agenda should be changed to deal with the zoning Ordinance first. Attorney Cherof stated that the Land Use item had to be heard before the zoning. Commissioner Ensler asked staff what the content of the sentence meant. Mr. Hudson explained that the Master Plan must be included with the rezoning because a Master Plan must be approved at the time of rezoning. Mr. Rumpf noted that this had been previously transmitted to DCA several months ago and in the interim the Master Plan was revised. The item went to the P&D Board to provide them an opportunity to see the Master Plan. Commissioner Ensler inquired what item on the agenda needed to be approved concurrently with this item and Attorney Cherof responded it was A.5. Commissioner Ensler was referred to the Ordinance in the agenda packet that contained the new Master Plan along with the staff report. Mayor Taylor requested an addition to the agenda dealing with Mr. Andre St. Juste. He explained that Mr. St. Juste once owned property in the City that had many code violations. The City razed the building because of its poor condition and the fines were never paid that added up to over $1 million. The County was going to foreclose on this property and Mr. St. Juste paid $4,000 to keep the property from going to auction. Mr. St. Juste would like to have the liens reduced since he paid the County their money. 7 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida January 14, 2005 Mr. St. Juste was informed that he would have to appear before the Commission for a lien reduction and he was told that it would be on this agenda. Mayor Taylor asked Mr. Bressner to add this to this agenda. Mr. Bressner will follow through with this request and place the item under City Manager's report. Attorney Cherof reported on the court case that was brought against the City by Save our Cities challenging the City's 45' height limit. The judge dismissed the case this morning based upon the City's motion to dismiss. The plaintiffs have an opportunity to amend their documents, but the issue upon which the case was dismissed is an issue that would not likely be corrected by an amendment. Kudos to the City Attorney for a job well done. Commissioner Ensler inquired how much time the applicant would have to file an amendment. Attorney Cherof stated that ordinarily a plaintiff would have 20 to 30 days. When the ruling becomes final, the plaintiff would have 30 days to appeal to another court. There being no further business, the meeting properly adjourned at 10:45 a.m. CITY OF BOYNTON BEACH ~In.~ (:Y Clerk .J.~ At. /tL It~ Recording Secretary (January 19, 2005) A:::n ~, Commissioner 8