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Minutes 02-01-05 (2) MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 1, 2005 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M. Present Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Dale Sugerman, Assistant City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Absent Kurt Bressner, City Manager I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Chaplain Wendy Tobias and Yaeger Patel - St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:30 p.m. Mr. Yaeger Patel from St. Joseph's Episcopal Church offered the Invocation. Commissioner McKoy led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections City Attorney Cherof stated that the Ordinances shown for second reading had to be carried over until the next City Commission meeting. An error was made in the manner in which they were noticed and published in the newspaper. The Notice of Second Reading was published today and should have been published ten days ago. Mayor Taylor asked to move the Seaview Park items forward to be heard immediately following Presentations, since there were a large number of people present for that item. Motion Commissioner Ensler moved to change the Seaview Park items to follow Presentations. Commissioner Ferguson seconded the motion that passed unanimously. Meeting Minutes City Commission Boynton Beach, Florida February 1, 2994 2005 City Attorney Cherof commented that the Seaview Park items had arisen out of discussions between the interested parties regarding amended conditions of approval. The conditions of approval were made to the site plan and not to either of the two items on the agenda. This is the last meeting at which the City Commission could reconsider the approval of the site plan to add, modify, or delete conditions. Commissioner Ensler stated that during the pre agenda meeting, the Commissioners discussed sending Item XII.B-1 (Amending the LDR, Chapter 22 - Streets and Sidewalks) to the CRA. There was consensus to table Agenda Item XII. B-1 so it could be sent to the CRA for review. Commissioner Ensler asked if the Commission should table the Knollwood Groves item since staff indicated there was no Site Plan. The Planning & Development Board denied this item for lack of a Site Plan. Dick Hudson, Senior Planner, stated that there was a Master Plan for review at this meeting. A sketch Master Plan was shown at the Planning & Development Board meeting and a final version has been presented. There were no other corrections, additions, or deletions to the Agenda. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda as amended. Commissioner McKoy seconded the motion that passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1) Address Mr. Doug Hutchinson - Vice Mayor Mack McCray Vice Mayor McCray asked City Manager Bressner why Mr. Tillman was removed as Vice Chair of the Community Redevelopment Agency. City Manager Bressner advised him that an Interim Vice Chair had been chosen. Vice Mayor McCray referred to the minutes from the CRA meeting of January 11, 2005 in which Chairperson Heavjlin had noted that there was no Vice Chair. She asked Mr. Hutchinson if the Board could elect a second signatory in the event she was not available to sign checks. Attorney Spillius requested that the appointment of a Vice Chair be added to the City Commission 2 Meeting Minutes City Commission Boynton Beach, Florida February 1,-i8&4 2005 agenda. Mr. Bressner stated at the time that this was usually done during the last week in March. For the record, no Interim Vice Chair was appointed. Mr. Myott offered a motion that Don Fenton be appointed as a signatory for the CRA until a Vice Chair was appointed, but Mr. Fenton declined. Mr. Fenton nominated Stormet Norem as an alternate signatory for the CRA until a Vice Chair was appointed. The motion passed unanimously except for Mr. Norem's abstention. Vice Mayor McCray was concerned because Mr. Norem had only been on the CRA for one week and considering the amount of money spent by the CRA, he found this unusual and asked for an answer after the CRA retreat. Vice Mayor McCray advised Mr. Hutchinson that he would not be going to the retreat because he felt the money would be better spent in the City of Boynton Beach. He commented that if there were anything else, it would be covered during their monthly meeting on the last Tuesday of each month, in the Chambers, without the presence of Mr. Bressner. 2. Address City Manager Bressner - Vice Mayor Mack McCray Since City Manager Bressner was ill, Vice Mayor McCray asked to table this until the Commission's next meeting. 3. Report from District II In reference to a comment he had heard about his "showboating," Vice Mayor McCray stated that District II was a part of the City and was going to be an active part of the City. He was merely asking that all the Districts be treated fairly. He was not "showboating," or anything like that. If there was anything that could be done for District II or for the City at large, this is what they wanted to do. 4. Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association Vice Mayor McCray asked that the contribution of $1,000 from Vice Mayor McCray's Commissioner's Discretionary Funds for the Heart of Boynton Ministerial Alliance be tabled until the City Commission's next meeting. City Manager Bressner is waiting for informational material from the Alliance. 5. Discuss Human Resources Director Recruitment Schedule - Vice Mayor Mack McCray Vice Mayor McCray stated that when the budget had been done, the Commission said that it would not look for a Human Resource Director for six months. However, a City of this size needs a Human Resource Director. He was glad that the recruitment would 3 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004- 2005 begin in February and hoped that a Human Resource Director could be on board in April. Commissioner Ensler commented about the workshop the previous evening on the Town Square, the Old High School, and the Park & Recreation Plan. He wanted to talk about the high school. There was a lot of emotion associated with the high school and a lot of people wanted to see it preserved. Staff had recommended in the past that the high school not be kept. Recently, there had been no indication from staff about any interest in using the building, except on an interim basis. More important, there had been no serious proposals from any of the groups who had expressed interest in retaining the high school. If there are people present who believe that the high school should be retained, there had to be serious consideration given by them in terms of 1) what will it be used for, 2) how will it be financed, and things of that nature. He suggested that interested parties get involved with Mr. Hutchinson of the CRA or one of the organizations who were trying to come up with a plan. This would help the Commission to make the right kind of decision when the issue comes up at the meeting in March. Mayor Taylor felt that an insinuation had been made that District II had not been treated fairly when actually, many thousands of dollars had been spent on making improvements in that district. District II had been given as much, if not more, than the other districts and this would continue to happen. On a positive note, Mayor Taylor commented that Mr. Jim Knight had purchased the Gulfstream Mall, the home of Club Ovation, which has been the source of many Police calls and problems. Mr. Knight is negotiating with the owner of Club Ovation to purchase it, and the situation looks hopeful. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: 1. Four Chaplains Sunday - February 6, 2005 - Service at 7:00 p.m. at Ascension Lutheran Church, 2929 Sea crest Blvd. - Light refreshments will be served B. Community and Special Events: 1. Boynton Beach City Library - Brown Bag Series 2005 - February 7th and February 14th and February 28th, 2005 from 12:00 Noon to 4 Meeting Minutes City Commission Boynton Beach, Florida February 1,~ 2005 1 :00 p.m. in the Library Program Room - Sponsored by the Friends of the Library - Free to the public 2. "The Friends of the Library" are hosting their 16th Annual Benefit Luncheon on Monday, Feb 21, at Benvenuto's Restaurant. The author is James W Hall, whose newest released book is Forests of the Night, will be available for sale and autographing at the Luncheon. For tickets, call the Library. 3. Heritage Festival - Month-long celebration of Black History Month that informs the public of the ties that bind the African- American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage - Weekends in February. Wayne Segal, Public Affairs Director, reported that February was Black History month and the Heritagefest Committee had prepared a month of activities that motivate, empower, and inform the public of the ties that bind our community together through the enjoyment of the arts, education, and pride in African-American accomplishments and heritage. Week 1: Ci Ci 5 10:00 a.m. 5 11 :00 a.m. 12:00 .m. 1 :00 p.m. Week 2: Basketball Tournament Hester February 12 9:00 a.m. Center Basketball Tournament Hester February 11 6:00 p.m. Center Movies on the Avenue Ocean February 11 7:00 p.m. Avenue Basketball Tournament Hester February 13 TBD Center Week 3: 5 Meeting Minutes City Commission Boynton Beach, Florida Book Fair VIP Autograph Poinciana Session Book Fair General Public Coronation Youth Awards Week 4: Parade Concert - "An International Affair" · R&B Classique, Regina Bell & Howard Hewitt · Reggae Glen Washington · Trinidad and Tobago - Trinny · Latin TBD International Celebration (Around the World in one day - Elementary Schools adopt a count MLK Carnival C. Presentations: 1. Proclamations: Poinciana Poinciana Poinciana Seacrest MLK Wilson Park February 1,-i8&4 2005 February 19 5:00 p.m. Februa Februa Februa 19 6:00 .m. 19 7:30 .m. 19 8:30 .m. Februa 26 4:00 .m. February 26 6:00 p.m. February 24, 25, 26 &27 a. "Four Chaplains Sunday" - February 6, 2005 Mayor Taylor read the Proclamation for Four Chaplains Sunday. 2. "Read Boynton" Program - Presentation by Boynton Beach Community High School Principal William Latson Mayor Taylor introduced the Principal of the Boynton Beach High School, William Latson, to speak about Read Boynton. Mr. William Latson spoke of the importance of reading and its relationship to performance in school. The Boynton Beach High School is working with the Boynton Beach Library to encourage reading and assist in improving test scores of the students in Boynton Beach. This is a pilot program that would use high school students and 6 Meeting Minutes City Commission Boynton Beach, Florida February 1, -2664 2005 volunteers to work with students after school in the Library. It will take place on the second and fourth Thursdays of each month from 6:00 p.m. to 8:00 p.m. Mr. Latson believes that there is a direct correlation between the amount that a child reads and improved test scores. He stressed that they were focusing on generating a love of literacy as opposed to the structured learning students experience in school. Myra Jones, 311 N.W. 4th Avenue, Boynton Beach, spoke on behalf of the City's Library Board and Virginia Farace, Library Director, who could not be present. Ms. Jones is the Facilitator for the African American Book Club and an FCAT tutor at the Library. A warm welcome was extended to Principal Latson with gratitude for his support for the vitally important Read Boynton program. The following two items were moved up in order on the agenda during agenda approval. VII.A-9 Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential (Seaview Park Club - LUAR 04- 101) VII.A-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) Mayor Taylor advised that both parties had agreed to reconsider several conditions of the site plan if the Commission was willing to do so. If approved, the items will be heard at the City Commission's next meeting on February 15. Motion Commissioner Ensler moved to reconsider the Seaview Park Club items. Vice Mayor McCray seconded the motion that passed unanimously. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, Woodfern Drive, Boynton Beach, asked whether the City would be hosting a dinner for the volunteer Board members this year, and Mayor Taylor responded affi rmatively. 7 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2884 2005 Mr. Suss expressed his strong disapproval of the CRA spending money to go on a retreat to Naples. He thought it should have been held in Boynton Beach. He was also concerned that the CRA was not moving fast enough and that the City should reconsider whether or not the CRA should continue in its present form. Mr. Suss commented on the many times he heard from the dais that appointments were passed on due to lack of candidates for Boards. He wanted the City to consider allowing individuals to serve on more than one Board. Mayor Taylor responded that Mr. Suss had brought this idea up several times, but no one had been willing to take up that cause. Mayor Taylor commented that when the City considered the Visions 20/20 Plan, one hundred people went out of the City. The CRA was planning multi-million dollar projects and needed to be able to focus on this without distractions. The CRA is having its retreat in a town that went through revitalization and this is why it was chosen. Mayor Taylor did not feel that the amount of money they were spending was exorbitant, especially since it was during "the season." Alan Silverstein, attorney representing lafus & Bonnie Crawford of 121 N.E. 16th Avenue, Boynton Beach, came to the podium. The Crawfords were given a reduction in their Code Compliance lien to $730.00 from the original $40,830.15. They were given gO days to pay the $730.00. When they did not pay within the 90 days, the lien reverted back to $40,830.15. The Crawfords were applying to refinance their home and the $730 would have been paid out of the proceeds of that sale. The Crawfords lost track of the time. The refinance is ready to go forward now, but cannot proceed because of the lien against it. He stated that this property was Homesteaded by the Crawfords and the way he understood the City's Code, no lien would apply to Homesteaded property. He was advised to come before the City Commission and present the situation. Mayor Taylor asked whether the Commission would be allowed to give the Crawfords some relief in this situation. City Attorney Cherof stated that it would have to be added to the Agenda and also, the Code provision that Mr. Silverstein alluded to contained language that no extensions of the gO-day period shall be permitted. No further action by the Code Board or the City Commission is permitted regarding lien reduction. That was a very firm gO-day period. If it gets added back on the agenda, he would see if there were some way to interpret this differently. City Attorney Cherof asked Mr. Silverstein to call him on the day following this meeting to discuss this. Mayor Taylor asked that this item be put on the Agenda for the February 15, 2004 meeting. 8 Meeting Minutes City Commission Boynton Beach, Florida February 1,2664'2005 Warren Timm, 130 N.E. 26th Street, Boynton Beach, thanked Assistant City Manager Sugerman for sending a detailed description of the City's position on many issues. He commented that at the last meeting, Mayor Taylor had criticized Mrs. Warren for sending out a newsletter to the Community Associations of Boynton Beach/' in which there were several inaccuracies. Mr. Timm indicated that he had actually prepared that letter and he proceeded to explain two of the items that had been in error. Mr. Timm stated that while this organization and the City might see things differently on certain issues, it was important to keep the lines of communication open in order to improve the City for all. Mayor Taylor expressed his willingness to speak to this organization or its members at any time; however, he did hope that before such a widespread dissemination of information, that the writer would check his or her facts. There were more than just the two inaccuracies Mr. Timm mentioned and Mayor Taylor offered to meet with him to go through it. Mr. Timm stated that the main source of the information in the letter was from the Web site of the Department of Community Affairs and the City's budget message. Joan Thomas, 418 N.W. 11th Avenue, Boynton Beach, explained her troubles with the landlord of the property in which she lived, citing rent increases and so forth as grievances. Scott Blasie, Code Compliance Administrator, explained that this property had been cited for violations of the City's Codes. In order for the landlord, William Ganoe, to obtain an occupational license for rental property, the property must be renovated. In order to renovate, the apartments have to be empty and it would be necessary for Ms. Thomas to pack up and relocate temporarily. Code Compliance was not able to get into Ms. Thomas' apartment in order to do an inspection due to a large amount of clutter. Ms. Thomas had been charged an extra $100 a month in rent for Mr. Ganoe to accomplish the renovations and the renovations had not been done in a timely fashion. He commented that Code Officer Courtney Cain and the Faith-Based Development Corporation were trying to help Ms. Thomas. Mayor Taylor commiserated with Ms. Thomas' plight, but stated that this was a civil matter on private property and the City could not intervene. Assistant City Manager Sugerman directed Ms. Thomas to a LandlordjTenant Mediation Service run by Palm Beach County. He asked her to telephone Mr. Blasie's office for the name and phone number of this organization. Mr. Reinhardt, 1801 South Flagler Drive, West Palm Beach, expressed interest in purchasing land from the City that was not currently for sale. The property addresses are: N.E. 7th St. at MLK Boulevard, Lots 10 and 20; and N.E. 8th Avenue & 7th Street. 9 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004 2005 Mr. Reinhardt requested that the City appraise the property so he could determine what he would have to pay for it. Of course, the City would also have to determine if it wished to sell these properties. Mr. Reinhardt distributed a one-page document containing the descriptions of the subject properties. Mr. Reinhardt's telephone number is 561-762-5100. Commissioner Ensler noted that the properties were in the CRA area and suggested that Mr. Reinhardt contact the CRA to discuss this. Mayor Taylor stated that Mr. Reinhardt would get a phone call when the item was put on the Agenda of the CRA and/or the City Commission. Alice Warren, 1719 Woodfern Drive, Boynton Beach, wanted to be sure that the Community Association of Boynton Beach and the City enjoyed cordial relations. Ms. Warren was proud of the City and the work it did. She inquired about the status of the FPL power line issue on Woolbright Road and Congress Avenue. Ms. Warren was distressed about reading negative press in the paper about the City. She looked forward to a day when she could open the newspaper and see some good news. Mayor Taylor referenced the City's concerns about FPL's proposed high power transmission lines on Woolbright Road and Congress Avenue. He and City Manager Bressner had met with FPL the previous Friday. He felt that FPL was trying to work with the City's suggestions and address the concerns that the City brought forward, but it was not yet finalized. Stormet Norem, Boynton Memorial Chapel, 800 W. Boynton Beach Boulevard, spoke about the new lighting at Little League field. Mayor Taylor advised that this item would be pulled from the Agenda so that Mr. Norem could speak about it. Brian Edwards, 629 N.E. 9th Avenue, Boynton Beach, stated that he also lived in District II and that when Vice Mayor McCray stated he was speaking for District II, he did not agree with Vice Mayor McCray on each and every issue in District II, where he resides. This would be especially true in respect to any reference that this Commission was not representing District II. Vice Mayor McCray stated that he had not said this. Mr. Edwards had attended a national conference with Vice Mayor McCray where he was proud to stand before many people and commend Vice Mayor McCray and this Commission for working with District II on several items, including the Heart of Boynton and storm water drainage. Mr. Edwards agreed with Vice Mayor McCray's comments about Mr. Norem and his service on the CRA Board, and he appreciated Mr. Norem's stepping up to do what had to be done in that situation. Regarding the old high school, he took exception to Commissioner Ensler's statement that no one had stepped forward to assume responsibility for this. The Cultural Center had certainly done so many months before. They could not raise any money unless they had an idea that the 10 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2604-2005 building would be standing. The Cultural Center would be glad to partner with anybody to try to raise money and make that building what it could be for the City. On Thursday night, the Cultural Center, Inc., had its first Family School Night. He offered thanks to Ms. Arleen Dennison, Marian Cheney, Susan Buchanan, and Nancy Ernst who put that together. Robert Brown, 701 S. Sea crest Boulevard, Boynton Beach, stated that in the Lake Addition to Boynton, east of Federal Highway, some of the streets such as N.E. 7th and N.E. 8th, 9th, and 10th have 20 or 30 small children in residence. When the cars are parked adjacent to the road and kids come out on scooters and bicycles, you cannot see them until they are out in your lane. He asked the City Commission to study this and lower the speed limits in some neighborhoods to 10 miles per hour. Also, north of the Palm Beach Canal, Federal Highway has a speed limit of 25 miles per hour all the way into West Palm Beach. He asked the City to check the Department of Transportation accident reports and see if it might be appropriate to lower the speed limit on Seacrest Boulevard to 35 miles per hour. Mayor Taylor responded that the Police Department had put out flyers that were sent to 27 schools in the community, in three different languages, about the scooters. All the children should be aware of what the law requires in this respect. Mayor Taylor closed the Public Audience. V. ADMINISTRATIVE: A. Accept the resignation of Jayne Kupperman, Regular member of the Community Relations Board Motion Commissioner Ferguson moved to accept Ms. Kupperman's resignation, with thanks for her service. Vice Mayor McCray seconded the motion that passed unanimously. B. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date IV McKoy (2) Mayor Taylor (2) Bldg. Bd of Adj & Appeals Alt 3 yr term to 4jOlTabled Bldg. Bd of Adj & Appeals Reg 3 yr term to 4jOlTabled 11 III (2) IV I (3) II (2) III III (3) Meeting Minutes City Commission Boynton Beach, Florida February 1, ~2005 I Ensler (2) II McCray (2) Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/OSTabled Alt 1 yr term to 4/OSTabled III Ferguson (2) Cemetery Board Alt 1 yr term to 4/OSTabled Ferguson Code Compliance Board Alt 1 yr term to 4/05Tabled McKoy Code Compliance Board Alt 1 yr term to 4/05 Ensler Community Relations Board Alt 1 yr term to 4/05Tabled McCray Community Relations Board Alt 1 yr term to 4/OSTabled Ferguson Community Relations Board Reg 3 yr term to 4/06 Ferguson Education Advisory Board Stu 1 yr term to 4/OSTabled Vice Mayor McCray, Commissioner McKoy, and Commissioner Ensler tabled their appointments due to lack of candidates. Commissioner Ferguson tabled his appointments for the same reason, but did appoint Stanley Sorgman as a Regular Member of the Community Relations Board. Motion Commissioner Ferguson moved to approve the appointment of Stanley Sorgman as a Regular member of the Community Relations Board. Commissioner Ensler seconded the motion that passed unanimously. Commissioner Ferguson had asked that Mr. Sorgman's term of service go through April of 2008. City Clerk Prainito explained that Mr. Sorgman was filling out the balance of Ms. Kupperman's term and so the expiration of his service would fall in April of 2006. Mayor Taylor stated that the City was always looking for people who wanted to serve on its Boards. VI. CONSENT AGENDA: 12 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004- 2005 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - January 14, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget 1. Approve the piggyback of Palm Beach County Bid #04-043/VMG with FLORIDA BEARINGS, INC. of West Palm Beach, Florida, to purchase EMU pumps which 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 2. Approve the "SURPLUS VEHICLE/EQUIPMENT LISTS" thirty two (32) items as submitted by Public Works/Fleet Maintenance and allow for the sale of same 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 4. Award the "SENIOR CENTER PHASE III RENOVATION" BID #008- 2413-05/JA to CEM ENTERPRISES, INC. of Apopka, Florida, in the amount of $428,000 plus a 15% contingency to be included for a total of $492,200 (PROPOSED RESOLUTION NO. R05-014) Commissioner Ensler asked to pull Agenda Item VLB-4 for discussion. C. Resolutions: 1. Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 1, 2005 Vice Mayor McCray asked to pull Agenda Item VLC-1 for discussion. 13 Meeting Minutes City Commission Boynton Beach, Florida February 1, ~2005 2. Proposed Resolution No. R05-015 Re: Authorizing the execution of Agreements for Water Service Outside the City Limits for all of the properties located within the Avondale Pines Subdivision, an existing subdivision on private wells that will have potable water lines installed by Palm Beach County for connection to the City of Boynton Beach's water distribution system 3. Proposed Resolution No. R05-016 Re: Executing a Special Warranty Deed conveying title to Barbara Josey for Lot 172, Block A, BOYNTON HILLS, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida 4. Proposed Resolution No. R05-017 Re: Executing a Special Warranty Deed conveying title to Shankica Perry for ROLLING GREEN RIDGE FIRST ADDmON, Lot 9, Block 22. The above being the real property described under tax certificate number 143091 in the tax deed recorded in Official Record Book 13452, Page 716, Public Records of Palm Beach County, Florida 5. Proposed Resolution No. R05-018 Re: Authorization to apply for funding towards the development of Jaycee Park, from the 2004/05 Land and Water Conservation Fund (LWCF) 6. Proposed Resolution No. R05-019 Re: Approving and authorizing Amendment No. 4 to Task Order No. 1 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 asked to pull Agenda Item VLC-6 for discussion. D. Ratification of Planning & Development Board Action: 1. Grove Plaza Parcel C (MPMD 05-003) - 3490 Hypoluxo Road _ Request for Master Plan Modification approval to convert Parcel "C" from a proposed 6,540 square foot retail use to a 6,832 square foot minor automotive repair facility E. Ratification of CRA Action: None 14 Meeting Minutes City Commission Boynton Beach, Florida February 1, ~2005 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.) Vice Mayor McCray asked to pull Agenda Item VI.F for discussion. 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. 637961-1 from Fidelity Federal Bank & Trust to the developer, Hematology Oncology Associates Properties, Inc. in the amount of $101,597.10 H. Approve full release of surety covering the water and sewer systems for the project known as Tuscany Bay (fka Lieder PUD) and returning Letter of Credit No. ATLjP601403 in the amount of $1,291,910 from SunTrust Bank to the developer, Centex Homes Motion Commissioner Ferguson moved to approve the Consent Agenda as amended. Vice Mayor McCray seconded the motion that passed unanimously. Consideration of Agenda Items Pulled for Discussion Consent Agenda Item VlB-4. Award the "SENIOR CENTER PHASE III RENOVA nON" BID #008-2413-05/JA to CEM ENTERPRISES, INC of Apopka, Florida, in the amount of $428,000 plus a 15% contingency to be included for a total of $492,200 (PROPOSED RESOLUTION NO. R05-014) Commissioner Ensler asked for details about the litigation history of the selected supplier, CEM Enterprises, Inc. Jeff Livergood, Public Works Director, stated that City staff and the architect discussed the litigation history with CEM Enterprises, Inc. and did not find that the history was serious or significant to the point that they would be eliminated as a bidder. David Stump, Project Engineer for the City, stated that CEM Enterprises, Inc. had disclosed the litigation at the bid opening. The litigation had been instigated by CEM Enterprises, Inc. for non-payment and he listed the clients involved. The City met with Matthew Carlson, Project Director for CEM, to discuss the litigation. CEM had done a 15 Meeting Minutes City Commission Boynton Beach, Florida February 1,~2005 large amount of work, including Change Orders, for which they had not gotten paid. The actions did not seem unreasonable to the City or to Mike Flaherty of CH2M Hill. They had done a lot of work for the U.S. Postal Service and the Department of Transportation, both of whom were pleased with their work. Commissioner Ensler stated that this was a modification of an existing facility and those were typical of the kinds of work efforts that could have lots of changes submitted. He wanted to watch it very carefully to see if the City was going to get surprised by changes. Motion Commissioner Ensler moved to approve Consent Agenda Item VI.B-4, to award the Senior Center Phase III Renovation Bid #008-2413-05jJA to CEM Enterprises, Inc. in the amount of $428,000 plus a 15% contingency to be included for a total of $492,200. Commissioner Ferguson seconded the motion that passed unanimously. Consent Agenda Item VLC-l Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 1, 2005 Motion Commissioner Ferguson moved to remove Consent Agenda Item C -1 from the table. Commissioner Ensler seconded the item that passed unanimously. Vice Mayor McCray asked to pull this item to request that it be tabled until the next meeting. To vote on this fairly, the City Manager had to be present. Motion Vice Mayor McCray moved to table Consent Agenda Item VI.C-1 to the next meeting of the City Commission. Consent Agenda Item VLC-6 Proposed Resolution No. R05-019Re Approving and authorizing Amendment No. 4 to Task Order No. 1 to Brown and Caldwell, Inc., in an amount not to exceed $54,000 to provide utilities management services on a ful/- time basis through March 15, 2005 and on a part-time basis thereafter through April 15, 2005 Vice Mayor McCray referred to a conversation that took place during the City Commission Agenda Preview Conference on December 3, 2004. In this conversation, Vice Mayor McCray asked City Manager Bressner if the $39,260 amendment to the Task Order included the Utility Director services of Brown & Caldwell through February 15, 2005, and City Manager Bressner responded that this was the total cost. City Manager Bressner anticipated that this would be enough time to orient the new Utility Director 16 Meeting Minutes City Commission Boynton Beach, Florida February 1,~ 2005 and that thereafter, the services of Brown & Caldwell should not be necessary. Vice Mayor McCray wanted assurance that Mr. Bressner would be the liaison to insure that the new Utility Director was fully acclimated. Mr. Bressner said he would be responsible for this. Vice Mayor McCray realized that a new Utility Director was coming on Board on March 1, and he did not want the Brown and Caldwell services to continue after April 15, 2005, unless some dire matter arose with the new Utility Director. Motion Vice Mayor McCray moved to approve Proposed Resolution No. R05-019 approving and authorizing Amendment No. 4 to Task Order No. 1 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. Commissioner Ferguson seconded the motion that passed unanimously. Consent Agenda Item VLF 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 CR. Dunn, Inc. at a cost of $53,930.) Stormet Norem, Boynton Memorial Chapel, 800 W. Boynton Beach Boulevard, came to the podium. Mr. Norem believed that a new, World class, Little League Park should be built in Boynton Beach. He felt that a new site had not been researched enough at the time the City Commission looked into extending Boynton Beach Memorial Park Cemetery. Also, that study had been generated internally and he did not believe that any income figures had been factored in. He hated to see money being spent on the Little League Field when it could be used for a new field. He referred to the growing population of the City and the increased need for the Cemetery. At some point, he felt that the City needed to take another look at expansion to the west of the existing Cemetery, although that was not the purpose of his comments. He suggested a feasibility study with outside individuals, and he would be glad to serve on an ad hoc committee. He felt that a new Little League Park could be built without raising taxes or issuing bonds and that it would pay for itself. The new park would be up and running before anything was done with the existing one. Mayor Taylor stated that the Commission would take Mr. Norem's comments into consideration. At the time the decision was made by the Commission previously, it did not want to extend the Cemetery into the Little League Field and there was no other Little League Field site at the time. If the Commission wished to reconsider this, it would have to be put into the City's Capital Improvement Plan program. The lighting was a fix for the lights that had been damaged during the recent hurricanes. 17 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004-2005 Vice Mayor McCray concurred with Mr. Norem's remarks. He had served on the Cemetery Board and recalled that the earlier survey had not been accepted because the feeling was that they wanted to get rid of the existing field before finding a new one. The study group had wanted the Commission to go out and find a place for a new Little League Field. Motion Vice Mayor McCray moved to approve Consent Agenda Item VI.F, to ratify the City Manager's action to accept a proposal from C. R. Dunn, Inc. at a cost of $53,930 to replace the lights at the Little League Park. Commissioner Ferguson seconded the motion. Vice Mayor McCray suggested that the term "not to exceed" be included in the motion with reference to the price. Vice Mayor McCray and Commissioner Ferguson agreed to add "not-to-exceed" before $53,930. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: AGENDA PERMITS 7:00 P.M. OR AS SOON THEREAFTER AS THE Mayor Taylor announced the first reading of Proposed Ordinance No. 05-008. City Attorney Cherof read Proposed Ordinance No. 05-008 by title only. City Attorney Cherof administered the oath to all who planned to testify during the public hearing. At Mayor Taylor's request, and with the permission of the applicant and all interested parties, all three High Ridge agenda items were discussed concurrently. A. Project: Agent: High Ridge/New Urban Communities {ANEX 05-001} Timothy Hernandez and Roger Decapito of New Urban Communities, Inc. Paramount Investment Group Northwest corner of High Ridge Road and Miner Road Request to annex :1:18.438 acres of land currently designated MR-5 (5 dujac) and LR-2 (2 dujac) and zoned RS (Single Family Residential) (Palm Beach County) (1 ST READING OF PROPOSED ORDINANCE NO. 05-008) Owner: Location: Description: 18 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004-2005 B-1. Project: Agent: High Ridge/New Urban Communities (LUAR 05-002) Timothy Hernandez and Roger Decapito of New Urban Communities, Inc. Paramount Investment Group Northwest corner of High Ridge Road and Miner Road Request to amend :l:18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (HDR) (1ST READING OF PROPOSED ORDINANCE NO. 05-009), and Owner: Location: Description: B-2. Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010); Proposed Use: Single-family residential and townhouse community Tim Hernandez, Principal of New Urban Communities, Inc., owner of the property located at the northwest corner of Miner Road and High Ridge Road, addressed the Commission. He briefly outlined the history of his organization, stating that they had been focused on doing infill redevelopment and traditional neighborhood development projects throughout South Florida, in Broward and Palm Beach Counties. Mr. Hernandez explained the design practices of his group. He cited a quote from Mike Bush of the Treasure Coast Regional Planning Council, where he said that of all the people who were building in his area, New Urban Communities, Inc. was about the best for infill development. Mr. Hernandez showed aerial views of the property. He stated that High Ridge Road was a mixed-use area already. They were proposing two different things: 1) town homes of Mediterranean and Anglo-Caribbean style ranging form 1,850 to 2,000 square feet under air, with a total square footage including garage and balconies averaging 2,200 to 2,500 square feet. The lowest priced one will be $325,000 and go up to $400,000; 2) single family homes of 2,200 to 4,000 square feet, three to five bedrooms. Mr. Hernandez showed a copy of the site plan. Town homes are sited along the edge of High Ridge and Miner Roads and going to the north, the homes are all single-family detached. There is a Recreation Center in the middle surrounded by a lake. Streets were provided along the west edge of the property for future interconnectivity to the property to the west and to the north, when they are developed. 19 Meeting Minutes City Commission Boynton Beach, Florida February 1, i9942005 New Urban Communities was requesting three things, 1) annexation to Boynton Beach; 2) a Land Use Plan Amendment from Palm Beach County Medium Density Residential and Low Density Residential to Boynton Beach Medium Density Residential (They had originally applied for High Density, but at the Planning & Development meeting the previous week, had agreed to do Medium Density); 3) rezoning from Palm Beach County RS to Boynton Beach PUD, and Master Plan approval. Mr. Hernandez displayed a list of land use/rezoning justifications. Using conservative pricing and considering the current millage rate of Boynton Beach, Mr. Hernandez stated that this project would generate over $lM in additional property taxes for the City of Boynton Beach each year. This includes deducting the Homestead exemption and assuming that the properties are appraised at 85% of fair market value. Also, according to the Business Development Board of Palm Beach County, 10% of the house value is what the average household spends in the local community. If this were applied to this development, there would be about $6M per year of additional spending in Boynton Beach. They had met with the Cedar Ridge Homeowners Association and he thought it had been mutually beneficial. Hanna Matras, Planner, commented about the Land Use and Opportunities Section of the Comprehensive Plan Future Land Use Support document, saying that there was a section advising Low Density Residential Land Use on this particular parcel. She stressed that this section was part of the Comprehensive Plan and had been adopted by reference, but since last year, it was no longer part of the Comprehensive Plan. Staff has done a more detailed review of the surrounding land uses. Having done that they think that there would be no significant Land Use conflicts. About 30% of the perimeter of the project is bordered by industrial uses and the density of the town homes in Cedar Ridge are built at a little over 9 dwelling units/acre (du/acre). About 1,300 feet south of the subject property, Canterbury is built at over 9 du/acre. Staff believes the applicant has done an outstanding job of providing a perfect transition for this area. The staff report discusses this project in depth and is available from the City Clerk's office as a public record. Staff recommended approval of all three requests. Mayor Taylor opened the Public Hearing. Herb Suss, citizen of Boynton Beach, was in favor of the project, but asked how many units were anticipated. Ms. Matras responded, 174 units. Mr. Suss thought that with two cars per family on average, that this would increase the traffic in the area by 300 cars. 20 Meeting Minutes City Commission Boynton Beach, Florida February 1,'26642005 Mayor Taylor responded that the County had looked at this and while there was heavy traffic in the morning and afternoon, it was still 35% of the traffic that was allowed on High Ridge Road. Mr. Hernandez stated that it was actually 38% of capacity for the road and that a two-lane arterial road in Palm Beach County has a capacity of 14,900 cars per day. The 2004 traffic counts showed 5,700 a day on High Ridge Road. The traffic could be tripled on this road, and it would still be under capacity. Ms. Matras commented that the only potential crisis area was the intersection of Hypoluxo and High Ridge Roads, which was close to capacity during the peak morning and evening hours. The formal analysis of the impact of the project on the intersections will come with the site plan. The County Traffic Engineer assured Ms. Matras that there was no way that one project could tip this into the failing intersection state. Richard Levy, 1973 Tom a Toe Road, Boynton Beach, FI 33426, read a letter from Susan Larsen, another resident from his street, who felt as he and most of the others on the road did that if development had to occur, it should be at low density only. Also, this project would change the rural character of the area to an urban one, something that no one wanted. Where would the ingresses and egresses be to the property? Would they all be on High Ridge Road? How much green space was the developer offering? Would the pine trees be kept? What would happen to the horse cemetery on the site of the stables? The City could buy this property for a nice 18-acre park. The City seems to be allowing more and more density without concern for green space, parks, recreational facilities, and traffic. He referred to a conversation with County Commissioner Warren Newell, who believed that this area should have low density. Karen Garren, High Ridge Road, expressed concern about the amount of traffic this project would generate. Although the speed limit was 30 mph, the actual traffic went much faster than that. She was concerned about what it would do to her property values. Also, she would be _personally affected if High Ridge Road needed to be widened. She asked for low density in any development in the area. Danny Underwood, 28 Maplewood Court, Boynton Beach, lives directly east of the proposed project. He was impressed with it, having visited some of the other developments in Delray Beach and Jupiter that this developer had completed. This site was not suitable for a park because a park would bring in and out traffic whereas the proposed project would only have destination traffic. Michael King, 10 Redwood Court, Boynton Beach, President of the Cedar Ridge HOA and President of the Community Master Association, present with several Board members and neighbors. He thanked the developer for meeting with them and addressing their concerns. Most of the 30-40 people who attended were in favor of the project. Most people were primarily concerned with the increase in traffic 21 Meeting Minutes City Commission Boynton Beach, Florida February 1,26642005 from the many developments taking place at the southern end of High Ridge Road and the Publix complex planned for Gateway just to the west. Adding the proposed project to it would increase traffic hazards in some places. This would worsen with the opening of the Canterbury project. Several Planning & Development Board members expressed concern about the peak hour rush traffic, which was already unacceptable. It was now necessary to sit through 2 or 3 generations of a light before being able to go through the intersection in the morning. The intersection of Gateway Boulevard and High Ridge Road was also too close to the southern on ramp for 1-95. Mr. King asked Ms. Matras whether she had compared the density of the proposed project with the town home community of Cedar Ridge. Ms. Matras said that was correct, and that the proposed project was only consistent with the town home portion of the Cedar Ridge PUD, not when the entire Cedar Ridge PUD was considered. Mr. King stated that the entire Cedar Ridge PUD was built out at 4.6 to 4.8 dujacre. The Cedar Ridge PUD was low density, and Mr. King's point was that it was not consistent with the medium density project that was proposed. Ms. Matras contended that density was a relative thing - it had a visual component and a mathematical one. The town homes in the Cedar Ridge PUD were developed at 9.06 dujacre. That made it of comparable density to the planned project. A resident of Cedar Ridge stated that it was a rural, country-style living community that was consistent with the City's Land Use Development Plan. They wanted to see the densities come down to maintain the open and spacious feel that was part of what the area offered. That is why they bought there and their property values had increased significantly because of the low-density land use, which many desired, but few could find. What was fiscally beneficial to the city came with a price and that was the privacy and space for which many people purchased homes in this area. That privacy and space was slowly being eroded. The City had to balance high and low density to give people who want to raise families more choices instead of less. Bob Crissey, 7521 High Ridge Road, Boynton Beach, asked how many people would be living in the new development. Mr. Hernandez responded that there would be about 250 people in the town homes and around 300 in the single-family homes. Mr. Crissey thought this would mean about 700 more cars. He also commented on the extremely busy nature of the road and the long light at Gateway Boulevard and High Ridge Road. He wanted the number of people and the number of cars to be made public in detail. He wanted to see some fairness. He had invested a lot of money and had to decide whether he wanted to keep his property or not. Jeanette Tortora, 1801 Tom a Toe Road, Boynton Beach, was concerned about the increased density of people and traffic. She also complained about the traffic light 22 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 2005 on Gateway and High Ridge. She hoped that the City would try to keep High Ridge Road as a little bit of country in the City. Victor Norfus, 261 N. Palm Drive, Boynton Beach travels on High Ridge Road and finds it congested already, even before the developments are finished. Timothy Lamb, 1860 Tom a Toe Road, Boynton Beach, felt that urbanism was wonderful - for downtown Delray Beach. This was country, 18 acres of green land. He mentioned the many accidents at Gateway and 1-95 and that any traffic study did not take the new developments into consideration. Rob Goodman, 1961 Tom a Toe Road, Boynton Beach, echoed all the sentiments of those against this project. He felt that the increase in development was creating an atmosphere for disaster. He asked about the City's plans for traffic after the Publix complex on Gateway was finished. Tara Archer, 7383 High Ridge Road, Boynton Beach gave the history of the area when it was a dead-end country road with one-acre lots. She is President of the Great Southern High Ridge Property Owners Association south of Hypoluxo and spoke for them also. They would approve a low-density project like Cedar Ridge but without the town homes. She asked if the town homes would be three stories high. Also, the Lake Worth Christian High School was adding an elementary and middle school to its complex on High Ridge Road. Where would all the children go to school? Ms. Archer wanted to see detailed traffic statistics of how many drivers actually use High Ridge Road per day. Tim Morrell, 1933 Tom a Toe Road, Boynton Beach, expressed concern about the intersection of Hypoluxo Road and High Ridge Road, which would suffer with more traffic. Mr. Morrell viewed infill development as fixing up a blighted area of the City and this area was not like that. He compared it to farm country. He called the proposed project, "urban sprawl." Mr. Hernandez stated that the proposed property was a stable for horses and had never been a farm. He commented that an area within one half mile of an Interstate Highway Interchange, on a Palm Tran bus route and in close proximity to Tri-Rail, was not a good place for one-acre lots. They had already begun to see the conversion of the uses along High Ridge Road. He felt that the value of the land would outstrip the value of the houses in the next year, if it had not happened already. The further development of High Ridge Road was a reality that time would bring. He realized that it was distressing to have the character of an area change. 23 Meeting Minutes City Commission Boynton Beach, Florida February 1, -:18842005 Mr. Hernandez addressed the traffic concerns of the residents. He stressed that High Ridge Road was being used at 38% of its capacity and still functioned well even at peak hours and even at Gateway Boulevard. If traffic became an issue, the County might decide to widen High Ridge Road. However, to get enough volume on High Ridge Road to justify widening it would take a great deal more development than the one currently under consideration. Alicia Levy, 1973 Tom a Toe Road, Boynton Beach, asked where the children would go to school. She felt that it was not possible to widen High Ridge Road since many property lines were right on the road. The road had never been improved and she felt the project would create congestion. Ms. Matras stated that the project had obtained concurrency from the Palm Beach County School Board. She advised that the peak traffic on High Ridge Road, morning and evening, had been measured at 779 and 559 cars respectively, and the cap was 1,450 cars. Commission Comments Commissioner Ferguson felt that one issue was density and the other was traffic. He felt that the traffic issue could be solved with the County. He could definitely foresee that Gateway Boulevard and High Ridge Road might be widened in the not-too-distant future. Mayor Taylor stated that the project had to meet traffic performance standards and school requirements before it could even appear before the Commission. He offered to ask the County's head Engineer to look at the light on Gateway Boulevard and High Ridge Road to see if the cycle time could be improved. Having to wait through two light cycles was a problem that could possibly be adjusted. Mayor Taylor advised that if the County wanted to widen the road, it would do so. It could take the homes that abut it by eminent domain and pay the owners for their property. An area resident stated that the concurrency for the road showed no widening. Also, there was a 35-acre natural scrub area that could not be changed. Mayor Taylor said that it would be a misconception to believe that things could never change. In regard to County Commissioner Newell's letter, Mayor Taylor had spoken to him and advised him of the Planning & Development's condition that the development change from high to medium density. Commissioner Newell was relieved to hear that this was the case. 24 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004 2005 Mayor Taylor commented that his agenda item said High Density for this item and he wanted it on the record that he would not approve of anything more than at most, medium density and that would be a condition of his approval. Mr. Hernandez responded that this was their original application, but they had agreed at the Planning & Development Board meeting to change to medium density. Commissioner Ensler asked the applicant if they had discussed what could be built on this site with the County before coming to the City of Boynton Beach. Mr. Hernandez responded that the County would allow 5 dujacre, but he never talked to them since they wanted to be part of Boynton Beach. Commissioner Ensler did not understand why the proposed development was not compared to the Cedar Ridge PUD in its entirety, and not just to the town home portion. He was concerned about compatibility between zoning and a reasonable transition between zoning. A property of 9+ dujacre was not compatible with the 4.6- 4.8 dujacre to the east and the 2 dujacre to the north, and the 9.9 dujacre to the south. Commissioner Ensler read some points from County Commissioner Newell's letter dated January 24, 2005 and asked staff to comment on them. 1) "The proposed high-density housing project is incompatible with the surrounding properties to the north. The project is also in conflict with the adopted High Ridge Road Corridor Study." Ms. Matras responded that they had not heard from the County that the Corridor Study had been adopted. But, the main point was that the recommendation for low density residential was not the recommendation of the County, but the County's reference to the City's earlier Comprehensive Plan, which had included a recommendation for low density residential for this area. As mentioned earlier, that was no longer part of the Comprehensive Plan. 2) "The Plan (The High Ridge Road Corridor Study), which was developed with input from residents and the City of Lake Worth, Town of Lantana and the City of Boynton Beach, requires primary access for Tract B (the proposed site) onto Miner Road. Any secondary access to High Ridge Road should be shared with any new development to the north, and aligned with the entrance to the Cedar Ridge PUD if possible." Commissioner Ensler asked Ms. Matras if the proposed project met that condition. Ms. Matras responded that it did not. The shape of the parcel was a consideration. Also, access would be too close to the intersection if the platted road the applicant referred 25 Meeting Minutes City Commission Boynton Beach, Florida February 1,~005 to immediately to the west of the proposed project became an access for it. The access to this project from High Ridge Road would be in line with the Cedar Ridge development entrance. Commissioner Ensler felt that the density should be compatible with the density to the east, or something like 5 du/acre. Mike Rumpf, Planning & Zoning Director, added that this contradicted the original direction established in the 1989 Comprehensive Plan that was written several years ago. He did not recall what the basis was for having such an abrupt transition from industrial land to the residential community. Today, the greater development in the area, especially that of Quantum Park, had influenced the picture. He saw this as a transition from higher density in the industrial area down to the lower density of the residential. Zoning was not a science and there was no pat, textbook answer. The City had not totally overlooked the High Ridge Communities and the older County zoning, but was trying to find a middle ground. Staff believed that the proposed project met the City's master plan requirements in an ideal sense. Commissioner McKoy inquired about the traffic situation, and Ms. Matras stated that the full traffic concurrency would be done at the site plan stage of the project. At that point, any mitigation of traffic impact will be discussed. Mayor Taylor announced the first reading of Proposed Ordinance No 05-008. City Attorney re-read Proposed Ordinance No. 05-008 (Annexation) by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-008 (ANEX 05- 001). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. B-1 High Ridge/New Urban Communities (LUAR 05-002) Request to amend :1:18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (MDR) (1ST READING OF PROPOSED ORDINANCE NO. 05-009) Mayor Taylor announced that this was the first reading of Proposed Ordinance No. 05- 009. Mayor Taylor had verified with the applicant earlier in the discussion that the 26 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004-2005 applicant had agreed to Medium Density Residential as opposed to the High Density Residential shown in the Item's title on the agenda. The applicant reconfirmed this. City Attorney Cherof read Proposed Ordinance No. 05-009 by title only. Commissioner Ensler asked how many units were allowed per acre for Medium Density. Ms. Matras responded that it was 9.68 dujacre. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05- 002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 3-2, Wce Mayor McCray and Commissioner Ensler dissenting. B-2 High Ridge/New Urban Communities Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010) Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010. City Attorney Cherof read Proposed Ordinance No. 05-010 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. THE MEETING RECESSED A T 9:08 P.M. AND RESUMED A T 9:18 P.M. c. Project: Agent: Owner: Location: Knollwood Groves (LUAR 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to amend :f:30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR) (1ST READING OF PROPOSED ORDINANCE NO. 05-011); and Description: 27 Meeting Minutes City Commission Boynton Beach, Florida February 1, 26642005 Request to rezone from Agricultural (AG) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-012) Proposed use: community Single-family Residential City Attorney Cherof swore in the persons who would be speaking on this item and requested that the residents try not to repeat what others had said, if possible. Mayor Taylor suggested that the discussion cover Proposed Ordinances No. 05-011 and 05-012 concurrently, and the applicant did not object. Dick Hudson, Senior Planner, stated that the request was consistent with the intent of the Comprehensive Plan, would not create additional impacts on infrastructure that could not be accommodated by the City at present, would be compatible with adjacent land uses, and would contribute to the overall economic development of the City. While the proposed Master Plan met the minimum requirements of the Code, there were several issues that had to be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest. The Planning & Development Board recommended at its January 25, 2005 meeting that this request be denied, until a complete master plan could be submitted. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, appeared on behalf of D. R. Horton, an organization that had completed five other projects in the City. Mr. Weiner felt that Staff's Report had covered all the salient pOints and proved the case for the developer. He reviewed each of the eight criteria that had to be met in the staff report. After the Planning & Development Board meeting, D.R. Horton went back to the drawing board to address some of the concerns of the residents. Most importantly, Mr. Bryan would be displaying the "filled-in" master plan. An aerial photograph was displayed, which showed that the zoning on each side of this project was 5 dujacre and this project was less than that. Mr. Weiner referred to the concerns of the community, as expressed at the Planning & Development Board meeting. He assured those who were present that this action was merely for a transmittal to the Department of Community Affairs. If the residents had 28 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004-2005 more questions, there would be another opportunity to air them and try to resolve them. The issue of Miner Road and the 110-foot right-of-way was discussed. Mr. Weiner believed that the developer and the residents should join forces to ask the County why it wanted to maintain an 110 foot long right-of-way on a road that was not going to be an east-west collector. If it went to Military Trail, it would be at an odd angle and would create other problems. He had spoken to County Commissioner Warren Newell's office about this and Commissioner Newell was aware that this was a community issue. The issue of this project changing the rural character of the area was discussed. Mr. Weiner indicated that the developer would be required to meet all applicable standards with regard to the survey of the remaining trees, regulations concerning the cutting and placement of trees, and the use and re-use of the indigenous species. This project would bring expansive lakes for drainage purposes, and some views and vistas that would be good for the residents of the project and the neighbors to the north. Therefore, they did not feel they were impacting the rural nature of the community and believed that they would be a better neighbor than a nursery or an agricultural use. Julian Bryan of Julian Bryan & Associates, Inc., represented the applicant and displayed the master plan for the project. He commented that this project exemplified the lowest density of any project in the City, 4.84 du/acre maximum. This plan was proposed for about 140 units, which would be approximately 4.50 du/acre. Over the next couple of months, the site plan and engineering plan would be developed and the lot sizes and locations would be identified. Dick Hudson commented that the five-acre landlocked parcel had been addressed in the Staff Report, which set forth a requirement that the developer provide access to this and sub outs for utilities, and they had taken care of that. Staff recommended approval. Vice Mayor McCray asked if the fruit trees that he referred to as having canker had been tagged by the Agriculture Department. Mr. Weiner did not know, but said Mr. Goldesitch, the developer's environmental consultant, had tagged them. Jim Goldesitch, President of Goldesitch & Associates, a biological consulting firm, said his firm had done the environmental assessment on the proposed site. Vice Mayor McCray asked if the Agriculture Department had been notified about the canker situation at Knollwood Groves. Mr. Goldesitch responded that the developer had not notified the Agriculture Department. Mayor Tay/or opened the Public Hearing. 29 Meeting Minutes City Commission Boynton Beach, Florida February 1,~2005 Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the Planning & Development Board, stated that the initial proposal had been voted down at the Planning & Development Board since no master plan was available. They had also received a clear message from the developer that no master plan was ready because staff insisted that Miner Road be included in the master plan. That had now been explained. There was some feeling on the Board, also, that the serious concerns of the community required respectful consideration and address. He felt that the Commission needed to consider the needs of the citizens, along with the requirements of the various codes. The reason Mr. Casaine had changed his mind and now supported the project, was that he had learned that the developer had taken the homeowners' concerns very seriously and that they were not interested in including Miner Road as part of the project. Mr. Casaine felt that it was important for the City to consider the traffic situation citywide. Richard Nevitt, 7964 Old Military Trail, commented that his neighborhood to the north of the proposed project was a wonderful place to live, with kids, dogs, and horses. There were three horse farms, a dog-training farm, a tree farm, and a lot of properties where it was possible to literally play in the streets. If Miner Road were built through the grove and then through his yard, it would seriously impact the quality of life in the area, possibly tripling the number of cars on the road. If the road were not continued, they would be happy with this project as a neighbor. Mayor Taylor commented that Miner Road could go through regardless of what was now there and this development did not make Miner Road either go away or get built. For the record, Mr. Nevitt wanted it known that they objected to the rezoning, if it involved this road. Mayor Taylor reiterated that either way, that road was not part of this parcel. The City could put a park there and the County could still run the road through it. Melissa Delisa, 7915 Manor Forest Boulevard, Boynton Beach, lives in the development just north of Knollwood Groves. She asked the City to preserve this land and possibly make it into a park. She felt that they could accept the removal of the orange trees if necessary; however, they wanted the City to consider the wildlife on the property, much of which was protected by Federal regulations. She commented on the number of buses that come to Knollwood Groves for educational purposes. It was sad to see this lost to their children. Knollwood Groves sells organic food that they grow on their property, much of it pesticide free. She asked the Commissioners to take a tour through Knollwood Groves. With the two local schools already overcrowded, this plan did not make sense. She asked the City to save some green space and reconsider the rezoning. 30 Meeting Minutes City Commission Boynton Beach, Florida February 1, "2664-2005 Matthew Maxwell, 7939 Manor Forest Boulevard, mentioned the untouched, natural hammocks on this property that were some of the few remaining hammocks in south Florida. He pointed out that Knollwood Groves had been an institution and a tourist attraction in the area for over 70 years. Losing it would impact the tourism industry and what those tourists bring to the City. He believed that the City, the County, or the State should purchase this property and make a preserve of it. Roger Williams, 4540 White Feather Trail, lives on two acres on the property to the west of the proposed project. He asked the Commission to help the residents make their case to the County about not developing the Miner Road extension. Donna Hawkins, 7895 Manor Forest Boulevard, resides in the Lawrence Oaks Subdivision near the proposed project. Ms. Hawkins spoke of the Knollwood Grove area as a natural wildlife habitat. She was able to sit on her porch and view endangered species from her back yard. This area was part of the ecosystem of the State of Florida. If it had canker, then get rid of the orange trees but not the 1,000 year-old water oak tree, the 75 year-old gumbo limbo trees, five acres of jungle hammocks. The Audubon Society did a survey in Knollwood Groves in December of 2004 and found 23 endangered species of birds in residence on this property. If the property is going to be destroyed, some rules should be set. She spoke of the developer's plans to have two water retention areas and buffers. She saw their development down the road and she had seen what they called retention areas. She asked that they leave the two natural lakes already on the property for that purpose. This was the last stronghold for the environment in this area, and she asked that the environment not be destroyed. Beth Day, 4283 Redding Road, Boynton Beach, lives to the north side of the 5- acre landlocked piece of land. Her home had an easement for ingress/egress to the landlocked five acres. She was concerned after hearing that this piece of land was sold to the developer. She explained all she had done by way of checking into her rights at the time of purchasing her home. She did not believe that public access to that area would be allowed. Also, there was a 20-foot utility easement for the people that live on the north side of Redding Road. How close would the developer build to this easement? Were they planning on building one or two-story homes? Dennis Clark, 4376 Redding Road, Boynton Beach, stated that there was a piece of property to the north of Nautica on Lawrence Road that was supposed to be a civic center. The developer was supposed to give this land when the property was developed. It was an open area that would normally be used for a park. He understood this had been turned into a cachement basin for water with a walk around it. The Lawrence Oaks Subdivision had private property that was supposed to be used for their recreational area that the City would not let them build on because of the trees on the property. They were without a recreational area in that subdivision. To his knowledge, 31 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2664-2005 there were no parks set aside for the northwest section and he wanted to see the City address that issue. He thought that if the County were to turn that piece of Miner Road over to the City and if the Lake Worth Canal were filled in and the area landscaped, that it could be a suitable spot for a City park. He was not against the rezoning, but did want to see parks for the increased population. Mayor Taylor commented that there was a 4-5 acre space in Nautica that was planned as a park. David Shanks, 4602 White Feather Trail, Boynton Beach, built a horse farm for training horses. The expansion of Miner Road would affect him negatively. He asked that this issue be postponed until the County made a decision about the road. He thought the road issue should be settled before the rezoning and saw this as a rush to judgment. Larry John, 8244 Old Military Trail, Boynton Beach, asked for the City's help when they went to the County about Miner Road. He was under the impression that while the County did not plan to do anything about Miner Road in the next five years, there was a caveat that if the property were developed, the building of Miner Road would kick in. Mr. Bryan said this would not happen. Mr. John asked the Commission to look into this. Brian Cooper, 4411 Sunset Cay, Boynton Beach, stated that he lived in the development to the west of the proposed site. He was not against the rezoning, but was concerned about Miner Road. He asked that the 10-foot easement between Sunset Cay and the proposed project be extended to at least 25 feet to provide a more significant buffer between the two projects. They would have to have some kind of easement to access their properties from the other side. The developer may put two- story homes on this site and having two-story homes look down on one-story homes was not good for property values. Michael Loquercio, 4415 Sunset Cay Circle, Boynton Beach, echoed the comments of Mr. Cooper. John Delisa, 7915 Manor Forest Boulevard, Boynton Beach stated that he did not want Miner Road extended since it would go through his back yard. He was concerned about the influx of traffic on Lawrence Road and the capability of the area schools to absorb all the extra children this project would bring in. His son's school was already overcrowded. Karen McKenzie, 8340 44th Court, Boynton Beach, said that she lived off White Feather Trail and that losing Knollwood Groves would limit the places in which her son 32 Meeting Minutes City Commission Boynton Beach, Florida February 1, -i884-2005 could play. They had enjoyed looking at the groves and fishing in the canal. Her son could not go into Sunset Cay to fish and he could not go into Nautica whether there was a planned park or not, since their neighborhood had no access to it. There was not enough recreational space for kids to play. Herb Suss, concerned citizen, said he had heard the Commission say that Miner Road going through was not part of the deal. However, he felt they should look into that since it could affect the lives of the people who spoke. He thought that the Commission should work with the County and Commissioner Newell to find out what the County was going to do about this. He commented on the similarities between the concerns of the residents off High Ridge Road and the residents surrounding the proposed project. He commented on the lack of parks in the northwest and southwest parts of the City Mayor Taylor closed the Public Audience. Developer's Rebuttal Michael Weiner had been listening carefully to the concerns of the residents. He pointed to the City's rules and regulations and the Staff Report, in which this project met each and every test put before it. Many of the residents' concerns would be addressed at the time of site plan review. The developer would do whatever the State required in connection with the flora and fauna on the site. In terms of Knollwood Groves being a tourist attraction, Mr. Wiener wanted it known that leaving this area zoned Agricultural would have opened the door to a tomato patch, a hog farm, or a processing plant. For whatever reason, it was known that Knollwood Groves was going to be sold. This project represented the best opportunity the residents had to preserve some of the things the residents talked about on the site. He stated that there was almost 300 feet between houses in the development to the north and the proposed project. This was not likely to be found elsewhere. They had their house, their back yards, the canal, the canal maintenance easement, the canal itself, the 110-foot right-of-way, and their setbacks - all between the proposed project and the homes to the north. The people to the south would be happy to abandon the easement. When the site plan comes through, if they have two-story homes they would adjust setbacks to make sure there is some privacy. In regard to traffic and schools, the project had met all the concurrency requirements for both traffic and schools. Mr. Weiner believed that a commercial property like Knollwood probably generated more traffic than the proposed 140 homes would in the future. Commissioner Ensler asked if there were any specific policies about Knollwood Groves in the Comprehensive Plan, and Mr. Hudson responded that there were not. Mr. Hudson 33 Meeting Minutes City Commission Boynton Beach, Florida February 1,.288+2005 believed that Knollwood Groves was annexed after the Comprehensive Plan had been written. Commissioner Ensler noted that the requirements for setbacks were different for PUDS and Single Family Residential. He was concerned about the setbacks for the PUD, since there was no site plan, for the homes directly adjacent to the property. Mr. Hudson replied that under the PUD regulations, the setbacks must mirror the setbacks of adjacent developments. Commissioner Ensler asked if the developer could level the land with a clearing and grubbing permit before the City had an opportunity to review the trees and site plans, and so forth. Mike Rumpf stated that a clearing and grubbing permit could be requested and issued prior to a development order being issued. It was not exempt, however, from City regulations. The City had tree preservation requirements and policies. There were County and State requirements about species of special concern and so forth. Those would be reviewed at the time they reviewed a request for a clearing and grubbing permit. The other permits for the site would follow the development order. Commissioner Ensler asked if they would be willing to withhold leveling of the land until there was full agreement on a site plan and the saving of trees. Mr. Weiner stated that it would not be necessary to wait until the site plan was approved. The clearing and grubbing permit requirements called for the developer to have the kinds of surveys that demonstrate that what they were allowed to take down what they were taking down. Commissioner Ensler asked Mr. Rumpf if he was comfortable that this process would protect the property. Mr. Rumpf responded that a process existed, although sites had been cleared in the past without the proper permits and reviews. This was a good discussion topic for a public hearing and a warning that there were tree preservation requirements and there could be species of special concern. Flora and fauna surveys may be required. Mr. Goldesitch said they had to do a tree survey, which identified the location and the size of the tree. Additionally, they have to note the quality of each tree. If there were a water oak tree, for example, they would give the diameter at breast height, the total height of the tree, and the quality on a scale of 1-5 in terms of its ability to survive, even if left alone. Mr. Weiner put on the record that D. R. Horton was not a company that would clear land without permits. Mayor Taylor was certain that any of the Commissioners would be on the side of the residents in any dealings with the County pertaining to Miner Road. It was the Commission's job to speak for the people. Although County Commissioner Newell had this district, he was only one of seven Commissioners so the County Engineer had to be convinced first. 34 Meeting Minutes City Commission Boynton Beach, Florida February 1, ~994-2005 In regard to the comments about keeping Knollwood Groves, Mayor Taylor stated that there was a contract for purchase on the table now, which means that the owners are willing to sell. It was not a matter of anyone trying to take anything away from the residents. He understood how people felt and he liked the Groves too. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-011. City Attorney Cherof read Proposed Ordinance No. 05-011 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-011 (Amending Land Use Map from Agriculture to Low Density Residential). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-012. City Attorney Cherof read Proposed Ordinance No. 05-012 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-012 (Rezone from Agricultural to Planned Unit Development). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. D. Project: Agent: Owner: Location: Dr. Go Daycare Center (COUS 05-001) Dave Beasley Dr. Ka Hock Dy Go Southeast corner of West Boynton Beach Boulevard and Knuth Road Request Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037 acre parcel in a C-1 zoning district Description: City Attorney Cherof swore in the people who planned to speak during this public hearing. Dave Beasley, 3570 Kitely Avenue, Boynton Beach, stated that the applicant agreed with all the conditions of approval. Dr. Ka Hock Dy Go came to the podium, but there were no questions. 35 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2664- 2005 Ed Breese, Principal Planner, noted that the Planning & Development Board had recommended approval of this project, as did Staff. Mayor Taylor opened the Public Hearing, and closed it when no one wished to speak. Motion Vice Mayor McCray moved to approve the request for conditional use/major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037-acre parcel in a C-1 zoning district (COUS 05-001). Commissioner Ferguson seconded the motion that passed unanimously. E. Project: Agent: Owner: Location: Description: Grove Plaza Parcel C (COUS 05-002) Lution Hill Grove Plaza C, LLC 3940 Hypoluxo Road Request Conditional Use/New Site Plan approval ,for a 6,832 square foot minor automotive repair facility on a 0.823 acre parcel in a C-3 zoning district Michael Weiner, attorney for the applicant, stated that a portion of this had been passed under the Consent Agenda. The applicant agreed to all 32 conditions of approval, including the conditions from the Planning & Development Board. The agent, Lution Hill, also appeared, but there were no questions. Mayor Taylor opened the Public Hearing, and closed it when no one wished to speak. Motion Vice Mayor McCray moved to approve the request for conditional use/new site plan approval for a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel, in a C-3 zoning district (COUS 05-002). Commissioner Ferguson seconded the motion that passed unanimously. F. Project: Agent: Owner: Location: Description: Quantum Park NOPC #15 (DRIA 05-001) Eugene Gerlica, Quantum Group of Companies MFT Development, Inc. West side of Interstate 1-95 between Miner Road and the Boynton (C-16) Canal Request for Development of Regional Impact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 36 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004- 2005 1,000 to 1,105 dwelling units (1ST READING OF PROPOSED ORDINANCE NO. 05-013) a. Quantum Park NOPC #15 (MPMD 05-006) - West side of Interstate 1-95 between Miner Road and the Boynton (C-16) Canal - Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units Mayor Taylor announced the first reading of Ordinance No. 05-013. City Attorney Cherof read Proposed Ordinance No. 05-013 by title only. David Norris, attorney for the applicant, Quantum Limited Partners stated that the applicant agreed with the conditions of approval, and some of them had already been satisfied. The first condition was whether or not this application constituted a Substantial Deviation, which they believed had been established by the application and its attachments and enclosures. Therefore, they thought that condition # 1 was no longer applicable. Mr. Breese commented that staff was in agreement with that. Staff condition of approval #5 had already been met, as confirmed by staff at the Planning & Development Board meeting. The applicant asked the Commission to declare that this application did not constitute a Substantial Deviation, approve the change, and approve the related master plan page with conditions. City Attorney Cherof said that the agenda packet information showed six items, the last being a request that the applicant acknowledge that the City was currently in litigation regarding heights exceeding 45 feet. Mr. Norris stated that his paperwork showed seven conditions of approval and the height was the last one. They proceeded to compare item by item. Mr. Norris looked at the items listed in the Commissioner's agenda packets and commented on each one. Mr. Norris amended his initial comment by asking the Commission to approve the project with conditions, #2, 3, 6, and 7. All others had been met already. Mr. Breese commented that item #5 had been left off of the agenda item during the Planning & Development Board meeting. The applicant had six items after the above discussion. The position of the Commission was that the conditions were as stated, whether they had already been satisfied or not. Mayor Taylor opened the Public Hearing. 37 Meeting Minutes City Commission Boynton Beach, Florida February 1,-2004-2005 Alice Warren, 1719 Wood Fern Drive, was concerned about overcrowded streets and schools. The City passes plans and squeezes 105 more sardines into the can and puts another 200+ cars on the road. She wanted to know, "When does it stop?" Mayor Taylor noted that one of the reasons for adding the 105 homes is that they had eliminated the 4,000-seat movie theater, which would probably have created more traffic than the additional homes. Mayor Taylor closed the Public Hearing when no one else wished to speak on this item. Motion Commissioner Ferguson moved to approve 'Proposed Ordinance No. 05-013 (DRI Amendment to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. The application does not constitute a Substantial Deviation. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed unanimously. Motion Commissioner Ferguson moved to approve Quantum Park NOPC #15\ (MPMD 05-006) Master Plan modification to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units. Vice Mayor McCray seconded the motion that passed unanimously. IX. CITY MANAGER'S REPORT: A. Consider inviting Florida Atlantic University and Florida International University to the February 15, 2005 City Commission meeting to make a presentation to the City Commission on each University's capabilities to perform redistricting services for the City of Boynton Beach and establishing a budget in an amount not to exceed $49,900. Recommend rejection of proposals as submitted and direct staff to re-solicit based on refined criteria. Assistant City Manager Dale Sugerman related that after the proposals were received, one was incomplete and one did not follow the prescribed timeline. Staff recommended rejection of the two bids received and rebidding based on refined criteria. Motion Vice Mayor McCray moved to approve the rejection and rebidding of the redistricting project based on refined criteria. Commissioner Ferguson seconded the motion that passed unanimously. 38 Meeting Minutes City Commission Boynton Beach, Florida February 1,~2005 X. FUTURE AGENDA ITEMS: A. Presentation of the After-action Report regarding the 2004 Hurricane Season (February 15) B. Review of preliminary plans for the Intracoastal Park Clubhouse and approval of proposed task order with CH2MHILL to proceed to final design (February 15) C. Workshop regarding City Hail/Public Safety Space Needs Report (TBA) D. Proposed Lease Agreement with Boynton Woman's Club (TBA) E. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) F. Annexation of Enclaves (TBA) G. Hurricane Design for Public Buildings H. City Manager's Evaluation (October 2005) XI. NEW BUSINESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (POSTPONED TO FEBRUARY 1, 2005 AT APPLICANTS REQUEST) Motion Vice Mayor McCray moved to remove the Suspended Animation, Inc. item from the table. Commissioner Ferguson seconded the motion that passed unanimously. Bonnie Miskel appeared on behalf of the applicant and offered to answer questions. She was joined at the podium by one of the directors of Suspended Animation, Inc., Charles Platt. Vice Mayor McCray asked Mr. Platt to elaborate on the kinds of testing they would be doing in regard to the corpses. Mr. Platt stated that the primary goal of their research was to develop better ways of preserving tissue and organs and they would be receiving tissue and organs for that 39 Meeting Minutes City Commission Boynton Beach, Florida February 1, ~2005 purpose, probably twice a year. In response to another question from Vice Mayor McCray, Mr. Platt stated that this would be a whole body from someone who had willed his or her body to science. Vice Mayor McCray asked what happened after the tests. Mr. Platt said that the body would then be turned over to a mortician who will make the usual arrangements for a transmit permit and death certificate to move the body to its final resting place. Mr. Sugerman stated that the Commission had asked to discuss this to get clarification on what Mr. Platt perceived the pending status was of his applications before the City. The City had not heard from Suspended Animation in a few months regarding a desire to move the applications forward. Mr. Platt indicated that he had spoken to the architect and the plans for the build out were returned because of the presence on the plan of a large tank for storage of liquid nitrogen. This was an error that had been copied by the architect from a previous plan and Mr. Platt should have caught it. As soon as he saw this, he removed it. As far as he knew, there was no further hazardous materials issue. The plan will be returned to the City in two days time. Ms. Miskel stated that they been in communication with the Building Department and from those communications, assuming that the revisions are made subject to those comments, she had been told by a Building Department staff member that he believes their plans would be in conformity, at which point they could proceed to issue the permit. All applications are pending and will be returned to the City, fully compliant, in the next few days. Commissioner Ensler stated he had met with Mr. Platt and Ms. Miskel and wanted to express his understanding and point out where he saw problems. He thought that part of this effort was to develop hardware and software for the processing of the body. Mr. Platt said that 85-90% was spent developing hardware and software for the better introduction of chemicals to preserve cells. Commissioner Ensler said that this was the definition that would fit in an M-1 zone normally. The issue came about due to the handling of a body. He asked if the applicant had a facility that was licensed by the City, County, and State to bring a body into that facility. Once licenses had been obtained for the facility, he thought it would be necessary to have a licensed individual who could then work with the body. He asked for their intentions in this regard. Ms. Miskel felt that Commissioner Ensler's question dealt with Chapter 470, with which she thought Vice Mayor McCray was quite familiar in his occupation as a licensed funeral director. They felt that it was not applicable to the particular uses proposed in this effort. The references contained in the Statute refer to storage and embalming, and this was not their plan or principal use. The use was research and development, 40 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2664- 2005 the development of hardware and software for preservation of the cell. To alleviate Commissioner Ensler's concerns, there were extensive fines and penalties called out in Chapter 470 for violations. Suspended Animation would not venture into that arena with the understanding that they would be in violation of a State Statute. If this Chapter did apply, the City, by approving their occupational license and building permits, would not be exempting them from obtaining all other applicable licenses and complying with rules and regulations of other agencies such as Water Management District, and so forth. Mr. Platt's legal counsel (not herself) had received extensive consultation and advice for their representatives that handle licensure. They have confirmed to him that Suspended Animation, Inc. was totally in compliance with the law. Commissioner Ensler asked City Attorney Cherof if he had looked into this matter. City Attorney Cherof said that he had done so, extensively, and concurred with Ms. Miskel that this was not an issue of regulation under 470 by the City, but an occupational license for conducting a business that was engaged in research and development. Commissioner Ensler felt that this was more a matter of processing bodies and not engaging in research and development. Mr. Platt said that it was research and development in the sense that they were developing new ways of doing what they wanted to do in preserving cells and organs in the human body. There was no commonly established system for doing this. They take blood samples and analyze them for blood gas concentrations so they can compare one case with another case, for example. There are extensive reports written on every case that they do. He saw it as being very similar to medical research, where organs and tissues are commonly used for this type of purpose. Commissioner Ensler asked what kind of license was necessary to handle and process bodies in the City of Boynton Beach, and what kind of facility was needed. Vice Mayor McCray stated that the only time the applicant would need a licensed funeral director and embalmer on site is when he is ready to remove the body from his facility to transport it to a proper place for burial. The facility might have to be licensed under Statute 470 to handle this type of remains. Vice Mayor McCray said they would have to check with the State to see what licensure was involved before they were able to open their facility. Commissioner Ensler wanted to ascertain that Vice Mayor McCray agreed that the Suspended Animation facility needed to be licensed, and Vice Mayor McCray confirmed this. He knew that it would have to be licensed by the State. 41 Meeting Minutes City Commission Boynton Beach, Florida February 1, ~e94 2005 Motion Vice Mayor McCray moved to approve. Commissioner Ferguson seconded the motion that passed 4-1, Commissioner Ensler dissenting. I. LEGAL: Mayor Taylor indicated that the balance of the agenda was tabled until the February 15, 2005 City Commission meeting. 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) 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 R-1-M 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 1 and Klatt Enterprises, Inc., amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R- 42 Meeting Minutes City Commission Boynton Beach, Florida February 1, ~2005 l-M Single-Family Residential to C- 3 Community Commercial (Boynton Town Center) TABLED ON 01/18/05 5. Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development TABLED ON 01/18/05 6. Proposed Ordinance No. 04-058 Re: Approving the proposed amendment to the functional classification of roadways map in the support documents for the Transportation Element of the Comprehensive Plan (The streets involved are SE 4th Street between Boynton Beach Boulevard and SE 1ih Avenue, and Martin Luther King, Jr. Boulevard between Federal Highway and Sea crest Boulevard TABLED ON 01/18/05 7. Proposed Ordinance No. 04-059 Re: Amending the Transportation Element of the Comprehensive Plan to establish a Transportation Concurrency Exception Area (TCEA) in a portion of the City's Community Redevelopment Area TABLED ON 01/18/05 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 within the downtown storm water improvement watershed TABLED ON 01/18/05 9. Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential (Seaview Park Club - LUAR 04-101) 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) B. Ordinances - 1st Reading 43 Meeting Minutes City Commission Boynton Beach, Florida February 1,-lO(M- 2005 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 (This item was tabled earlier in the meeting.) C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 11:15 p.m. 44 Meeting Minutes City Commission Boynton Beach, Florida February 1, 'i864 2005 CITY OF BOYNTON BEACH AlTEST: J~c~ Commissioner ~ Yn- ~JtL- Ci Clerk ~~ Recording Secretary (020205) 45