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Minutes 01-28-05COMMZSSION CHAMBERSf C1~TY HALL, BOYNTON BEACHf FLORIDA MI'NUTES OF THE AGENDA PREVIEW CONFERENCE HELD I'N ON FRI'DAY, 3ANUARY 28, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Absent Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk ~lim Cherof, City Attorney Call to Order Mayor Taylor called the meeting to order at 10:00 a.m. Mr. Cherof was not present due to a death in his immediate family. Other A. Informational Items by Members of the City Commission Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association Vice Mayor McCray commented that the Boynton Ministerial Association had a 501 (C) 3, but he did not see it mentioned. 5. Discuss Human Resources Director Recruitment Schedule Vice Mayor McCray expressed the belief that this item would have to be acted upon sooner than the six months the Commissioners had originally agreed upon. Vice Mayor McCray recommended that the City Manager's evaluation be put on the Future Agenda Items, since it was due in October 2005. · :, Vice Mayor McCray also inquired why the City's marquee did not show the City Commission meeting of February 1. Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida January 28, 2005 The issue of late meetings and public hearings was discussed at the same time. Commissioner Ferguson suggested that the City Clerk and Recording Secretary have a Police escort home when meetings last past midnight. Commissioner McKoy commented that snacks and coffee should be provided for meetings that were expected to run late. Mayor Taylor commented that the City of Delray only allows 20 minutes to each side in a quasi-judicial hearing and that he had asked Legal to look into this. Some cities choose a time certain for every meeting and an extraordinary vote is taken at that time to decide whether to finish the agenda at that meeting or continue it to another day and time. It was felt that a definite procedure for adjournment of late meetings was in order. Vice Mayor IvlcCray asked City Manager Bressner to poll the surrounding jurisdictions to determine their policies in this regard. The comment was made that in the early morning hours, public hearing items ceased to be public hearing items since the interested public would very likely not be in attendance. Having public hearings at the beginning of the meeting was an option. Vice Mayor IvlcCray added that when an agenda item was important and complex, it should probably be heard at the beginning of the meeting. Second Reading of Ordinance 05-00! pertaining to the establishment of a Community Development District for the Monterey Development. Commissioner Ensler stated that some action items were given to the developer at the previous City Commission meeting and the developer presented a revised plan to the Commissioners and to staff at this meeting. There was no time for staff or the Commissioners to review the document that was provided. He felt that this was a significant matter and he hoped a procedure could be put in place for action items whereby a time limit was given that allowed for adequate review on the part of staff and the Commissioners before having to make a decision on a matter. IVlayor Taylor agreed that there were times when there was insufficient time for review and he would welcome any suggestions to table an item under such conditions. City IVlanager Bressner agreed with the foregoing comments on the insufficient time for review of the CDD issue. Also, the long-term maintenance was still at issue. In response to a question from Commissioner Ensler, Mr. Livergood stated that the conservation area in the CDD had been legally defined in the plat. Staff was investigating the maintenance agreement. Also, they were making certain that the language on the plat matched the language in the CDD. Any maintenance agreement would have to come back before the Commission. Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida January 28, 2005 III.B-3 Announcements, Community & Special Events & Presentations Heritage Festival Commissioner lVlcKoy asked for a list of entrance fees associated with the various events and City Manager Bressner will obtain that information. C-2 Presentations- "Read Boynton" Program - Presentation by Boynton Beach Community High School Principal William Latson Vice Mayor McCray inquired about the source of the donor funds for this program. Commissioner's Discretionary Funds Commissioner Ensler asked about his request to donate funds to the American Legion to help with hurricane damage. City Manager Bressner responded that it was not possible to give public funds to private entities, and the American Legion property is privately owned. This was one of the points that had to be satisfied before funds could be issued. Commissioner Ensler mentioned his strong belief in providing money for education also. There was a group helping disadvantaged youth that was funded in the past but had not been funded recently. He requested that this item be put on a Future Agenda. Commissioner Ensler asked for clarification of the procedure for the apportionment of these funds. Community Redevelopment Agency 200"; Vice Mayor IvlcCray stated that this Commission would be electing a Chair and Vice Chair for this Board in March. He inquired why the new Board list did not show Mr. Tillman as being Vice Chair. City Manager Bressner responded that there had been a gap in service. During the one meeting in which Stormet Norem participated, the Board named an Interim Vice Chair since Mr. Tillman was no longer on the Board. Vice Mayor McCray asked who had been named to this position. Pmposed Ordinance 04-047 Commissioner Ensler referred to the agenda preview minutes of January 14 and the statement, "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. He asked what this meant. He asked how this tied in with the developer's legal obligation and what the intent was. Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida Janua~ 28,2005 Since this item was on the agenda for a public hearing, City Manager Bressner suggested that this should be discussed during the Public Hearing. Commissioner Ensler asked that this be an action item to help the Commissioners understand the quoted comment as it applies to the requirements. VI.B-1 Approve the piggyback of Palm Beach County Bid #04-043/VMG FLORIDA BEARINGS, INC. of West Palm Beach, Florida, to purchase EMU pumps that are used in the Utility Department in order to keep the lift stations operating. These pumps are ordered on an "as needed" basis with an annual expenditure of $75,000. Vice Mayor McCray inquired about how many pumps were being purchased for $75K. Mr. Nem Gomez was not sure how many pumps were included in the $75K and the price for each would depend on various factors such as horsepower and size. Vice Mayor McCray asked that the Commissioners be given a schedule of the various types of pumps along with their associated price tags. V?.B-2 Approve the "SURPLUS VEHICLE/EQUIPMENT LISTS" thirty-two (32) items as submitted by Public Works/Fleet Maintenance and allow for the sale of it. Vice Mayor McCray asked what happened to the money realized from the sale of surplus vehicles and equipment. Mr. Livergood commented that it went back into the Fleet Replacement Fund to buy new equipment. VI.B-3 Approve a piggyback of Collier County, Naples, Florida, Bid #02- 3350 with U.S. FILTER WASTEWATER GROUP, INC. of Poway, CA, to purchase two (2) Bio-filters, which are used for odor control in the wastewater collection system in the amount of $68,250 each for a total of $136,500. Commissioner Ensler asked if a procedure were in place to replace the filters before the citizen complaint stage was reached. Mr. Gomez said they were brand new filters that were being installed where there were none before. Commissioner Ensler asked if there were other pump stations that did not have filters. Mr. Gomez said that the pump stations were designated for filters based on issues of odor, and that the larger pump stations were more likely to have an odor problem. Vice Mayor McCray asked how long the warranty deed was on the pumps. 4 Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida ]anuary 28, 2005 VI.B-4 Award the "SENIOR CENTER PHASE III RENOVATION" BID "008- 2413-05/3A to CEM ENTERPRISES, TNC. of Apopka, Florida, in the amount of $428,000 plus a 15% contingency to be included for a total of $492,200 (PROPOSED RESOOLUTZON NO. R05-014) Commissioner Ensler noted that multiple bidders were referenced, but only two were shown. He also asked if any minority bidders had been included in the bid request. Mayor Taylor responded that he thought only two actual bids had been received, in spite of requesting bids from multiple bidders. Mr. Gomez will investigate this. Commissioner Ensler asked for details on the litigation history of the bid winner, CEM Enterprises, Inc. VI.C-1 Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 21, 2005) Vice Mayor McCray will pull this item for discussion. Commissioner Ensler questioned the administrative procedure that did not seem to define who was eligible for a grant. City Manager Bressner responded that this would be determined as part of the procedures that would be developed by the Commission, in line with State Statutes, rules and regulations of the agencies and/or the policies of the Commission. Once that was done, staff would administer the procedures to make certain that there was a solicitation period, an evaluation period, and a recommended award period. VI.C-6 Proposed Resolution No. R05-019 Re: Approving and authorizing Amendment No. 4 to Task Order No. I to Brown and Caldwell, Inc., in an amount not to exceed $54,000 to provide utilities management services on a full-time basis through March 15, 2005 and on a part-time basis thereafter through April 15, 2005 Vice Mayor McCray will pull this item for discussion. He asked why the Commission was presented with an extension to April 15. He also asked if the Commissioners would have an opportunity to "interview" the new Utilities Director. City Manager Bressner stated that he would arrange for individual meetings with the new Utility Director, the City Manager, and each member of the City Commission. VI.F Ratify the City Manager's action to accept a proposal from Florida Electric Contracting Service, Inc. for replacement of the lights at the Little League Park in the amount of $73,575 TABLED ON JANUARY 18, 2005). (Staff has recommended an alternate bid from C. R. Dunn, Inc. at a cost of $53,930.) Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida January 28, 2005 Vice Mayor McCray asked City Manager Bressner if he had met with the Little League President, and if so, the results of that meeting. City Manager Bressner met with the Little League President and Board two weeks previously. To go with the piggyback contractor would have required that the City supply a staff person available to supervise the contractor. The contractor then raised his prices and said he had not meant this to be part of his proposal. The City was able to find an alternate contractor to do the same job for $20,000 less. Mayor Taylor complimented those responsible for achieving this savings for the City: .]eft Livergood, Wally Majors, and Jody Rivers. VI.G Approve full release of surety covering the water and sewer systems for the project known as Medical Arts Professional Center, Ltd., and returning Letter of Credit No. 63796:L-1 from Fidelity Federal Bank & Trust to the developer, Hematology Oncology Associates Properties, Inc. Vice Mayor McCray asked that the dollar amount for this item be shown on the agenda, and City Manager Bressner indicated that it would be put in the final version of the agenda packet. VIII.B High Ridge/New Urban Communities (LUAR 05-002) Commissioner Ferguson expressed interest in some land to the west of the proposed development that he thought would be suitable for the Greenways system. City Manager Bressner requested that Planning & Zoning staff try to produce a map that would show ownership of the surrounding parcels. The Planning & Development Board approved the annexation. It agreed to medium density, but denied the applicant's request for high density. VIII.C Knollwood Groves (LUAR 05-001) Commissioner Ensler noted that this project was surrounded by single-family, detached homes. The City was creating PUDs in Items B and C. He did not know if single-family detached homes were required in a PUD or whether the developer could make them attached homes and stay within the allowed density. He wanted to be sure that the Commission was protecting the surrounding community by retaining single-family, detached homes as part of the rezoning to a PUD. 6 Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida _lanuary 28, 2005 Mr. Rumpf acknowledged that this same question applied to the High Ridge and Knollwood Groves projects. This was part of the Master Plan being reviewed as part of the rezoning. If the Commissioners opposed what they were seeing, they should comment accordingly, deny, or make stipulations. Commissioner Ensler stated that in the High Ridge project, the type of units was spelled out, but not in the Knollwood proposal. He asked for clarification on the City's definition of a single-family home. Mr. Rumpf responded that single-family could apply to either detached or attached single-family homes. On the Knollwood project, the homes would be single-family, detached. IVlr. Rumpf stated that this was only being presented for preliminary approval and that it still had to go to the Department of Community Affairs. City Manager Bressner asked IVlr. Rumpf the status of the County's plans for the Miner Road extension from Lawrence Road to Military Trail. Mr. Rumpf responded that this was on the County's Long Range Transportation Plan for the year 2030. If the County requires the developer to dedicate the right-of-way for Miner Road, it would be 110 feet. Development staff will try to get information from the County. Hr. Rumpf stated that the developer was accommodating that right-of-way now and that the revised Master Plan showed it. Mr. Rumpf commented that the unwanted extension of this road was the major complaint that the Commission would hear from the surrounding residents. ~X. City Manager's Report A. University Capabilities to Perform Redistrictinq Services for the City Vice IVlayor McCray asked that the words "to" be removed from Item A., second line. Also, he asked for a time limit on the speakers, preferably under 30 minutes each. City Clerk Prainito responded that the language had already been corrected. Each speaker will be allotted l0 to 15 minutes to make a presentation. Commissioner Ferguson asked why the City was going only to universities for this and why just these two. City IVlanager Bressner stated that the Charter required this. Commissioner McKoy asked if these two universities were the only ones that could provide this kind of service. Mr. Sugerman responded that they had identified and contacted the five Florida-based universities that they believed could participate in the redistricting effort. Commissioner IVlcKoy wanted to know the names of the five universities. Mr. Sugerman responded: Florida Atlantic University, Florida International University, Florida State University, University of Miami, and the University of Florida. Of the five, the University of IVliami did not recognize that the City wanted them to participate. Of the remaining four, Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida .]anuary 28, 2005 Florida Atlantic University and Florida international University both sent proposals. The University of Florida and Florida State University told the City that they did not wish to participate in the process. Mr. Sugerman analyzed the responses from Florida Atlantic University and Florida international University, and this analysis was in the agenda backup. Mr. Sugerman had concerns with both proposals. One was sent only as a draft and the other did not meet all the requirements. Knowing how important the redistricting was to the Commission, Mr. Sugerman suggested bringing the respondents to speak to the Commission and give them an opportunity to answer questions. Commissioner McKoy asked whether a private institution could participate. Mr. Sugerman believed it had to be a university based in the State of Florida. It was brought out that Florida International and the University of Miami were both private schools. Commissioner McKoy asked if Florida A & M could provide this service. Hr. Sugerman believed that the criteria needed to be refined and revised. He was in favor of rejecting the two bids received, rewriting the criteria, and re-bidding, if the Commissioners decided to do this, the two respondents would be given an opportunity to respond based on the new criteria. X. Future Agenda Items Review of preliminary plans for the Intracoastal Park Clubhouse and approval of proposed Task Order with CH2M Hill to proceed to final design Vice Mayor McCray asked when the preliminary plans would be coming to the Commission. The response was, February 15. F. Revamp of CDBG Allocation Process This item will be removed since it is included in Proposed Resolution No. R05-012. H. Hurricane Design for Public Buildings Vice Playor McCray asked if there had been any developments on this item. City Manager Bressner responded that there had not been any yet. New Business Discussion of Suspended Animation, Inc. (proposed use for zoning verification) POSTPONED TO FEBRUARY 1~ 200S AT APPLICANT'S REQUEST Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida ]anuary 28, 2005 City Manager Bressner stated that nothing had been heard from the petitioner. Mr. Greene will investigate. Commissioner Ensler said that under a recent ordinance, certain aspects of what the petitioner wanted to do would be conditional. Mr. Rumpf said that the proposed text change ordinance had gone to the Planning & Development Board this week and would go to the CRA at its next meeting, and return to the Commission agenda at the February 15 meeting. Legal A. Ordinances - 2nd Reading - PUBL:[C 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 (TABLED ON 01/18/05) 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 Rf-i-AA Single-Family Residential to Suburban Mixed Use (SMU) (Boynton Village) TABLED ON 01/18/05 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) TABLED ON 01/18/05 4. Proposed Ordinance No. 04-048 Re: Regarding the application of Klatt Family Limited Partnership i and Klatt Enterprises, [nc., 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 C-3 Community Commercial (Boynton Town Center). Commissioner Ensler expressed concern about the "big box" that would be built in the commercial section of this property. He wanted to determine if the City was protected by its ordinances such that the aesthetics of this building would be acceptable to the City. Mr. Rumpf said that the Code for C-3 districts did not have teeth in it to control the aesthetics, but the Commission would have an opportunity to apply conditions to its Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida January 28,2005 approval at the time of Site Plan review. He suggested language that included the term, "The design shall be consistent with the intent of the SMU district." City Manager Bressner felt that it would not be wise to ask for more than the C-3 district required. It was also not a conditional use. Mr. Quintus Greene stated staff had been concerned about the size and characteristics of big boxes and when it was putting together the SMU description, had put forward language restricting the size and nature of big boxes. The developer considered the SMU restrictions and decided that they were not to his liking. The developer chose to go for the C-3 designation instead. Commissioner Ensler said it was not C-3 until the Commission agreed to change it to C-3. He asked what the City could do prior to changing it to C-3 to insure a proper design. Mr. Rumpf stated that the site plan had not been submitted for that portion of the project. Rezoning the property to C-3 did not necessarily restrict the City. He saw it as a design standard attached to a commercial project when a single tenant or building would exceed a certain threshold. If something had to be done quickly, a condition may say, "You are being done in conjunction with this SMU. You should look like it." The City did a similar thing with WalMart. It was not a PCD but the City said that it would have to look like one. It had the perimeter buffer and interconnectivity. Mr. Greene said that whether or not the C-3 zoning was appropriate was a policy question for the Commission. City Manager Bressner commented that without a letter of concurrency from the County, the project could not move ahead. Mr. Rumpf explained that while the Commission could not force certain things with C-3 zoning, it could encourage the developer to commit to some things. Commissioner Ensler said if the developer made commitments on the look and size that were satisfactory to the Commission, could the approval be conditioned by those commitments? Mr. Rumpf said that they tried to avoid this with C-3 zoning and that conditions had already been written by staff. At staff's request, the developer gave the City a more comprehensive master plan that showed both projects. Staff generated comprehensive design comments on the entire project such as consolidating the two projects, making the big box not look like a big box, improving the pedestrian connections, and so forth. Those design comments had been written and the developer had received them. Their compliance to the City's requests will not be seen until the Site Plan level is reached. 9. Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local 10 Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida January 28, 2005 Retail Commercial to Special High Density Residential (Seaview Park Club - LUAR 04- lOl) 10. Proposed Ordinance No. 05-007 Re: Rezoning from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) (Seaview Park Club) The Commission requested a written memo from Legal as to the procedures that need to be followed by the Commission in the event the Commission deems some or all of the proposed conditions in the Morrell letter to be appropriate. They asked to receive it before the Commission meeting on February 1. XII.B-! Ordinances 15t Reading 1. Proposed Ordinance No. 05-014 Re: Request for amendments to the Land Development Regulations, Chapter 22, Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeals, work requirements and surety. Commissioner Ensler felt that this should be heard by the CRA before coming to the Commission. The item could be tabled and referred to the CRA. XII.8 Proposed Ordinance No. 05-005 Re: Amending Chapter 26. Water, Sewers and City Utilities, Article VII, Section 26-406 entitled "Capital Contributions," authorizing the transfer of real property to the City in lieu of capital contribution charges with the downtown storm water improvement watershed (TABLED ON 01/18/05. Mayor Taylor inquired whether this item would continue to be tabled, and the response was that it would. It is in the City Attorney's Office for review. Them being no further business, the meeting properly adjourned at 11:19 a.m. 11 Meeting Minutes City Commission Agenda Preview Boynton Beach, Florida _lanuary 28, 2005 CITY OF BOYNTON BEACH A'I-rEST: Recording Secretary (02/02/05) S:\CC\WP\NINUTES\COF4F4\Year 2005\0 J. 2805agendapreview,doc Commissioner 12