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Minutes 12-05-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 5, 2006 AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Commissioner Jose Rodriguez, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Judith Pyle, Deputy City Clerk Absent: Robert Ensler, Vice Mayor Janet Prainito, City Clerk I. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation by Chaplain Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Rodriguez Mayor Taylor called the meeting to order at 6:33 p.m. Police Chaplain Greg Fitch gave the invocation. Commissioner Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve the agenda as submitted. Commissioner Rodriguez seconded the motion that passed 4-0. II. OTHER A. Informational Items by Members of the City Commission Mayor Taylor asked for prayers for a speedy recovery for Vice Mayor Ensler. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Commissioners McCray and McKoy expressed best wishes for the Holiday Season and a Happy New Year to City staff and all the citizens of Boynton Beach. Commissioner McKoy announced he would not be able to attend the Christmas Parade since he would be out of town at a conference. He asked that a car be furnished for a representative from District IV to ride in the parade to represent him. Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Mayor Taylor believed the invitation was for elected officials, their family members, or possibly another elected official from the State. On hearing there was nothing in writing on the matter, Commissioner McCray believed the request should be approved. Commissioner McKoy felt that common courtesy to elected officials should wei,gh heavily in the matter. Motion Mayor Taylor passed the gavel to Commissioner McKoy and moved that only elected officials, family members or designated dignitaries be allowed to ride in a car marked as the City's district, or the Mayor's car. In discussion, Mayor Taylor agreed to drop the term dignitary and change the motion to say, "elected officials of the City, their family members, or another elected official of the State." Commissioner McCray confirmed with Mayor Taylor and Mr. Bressner that the effect of Mayor Taylor's motion would be to eliminate the representative Vice Mayor Ensler had chosen to ride in the Parade on his behalf. Commissioner McCray seconded the motion. The motion failed 2-2. It was noted the elected officials should go first in terms of parade staging. Commissioner McCray expressed thanks to Recreation & Parks staff for their efforts in arranging a very successful groundbreaking ceremony at the Wilson complex for the Carolyn Sims Community Center and the John Denson swimming facility. He especially congratulated Mary DeGraffenreidt, Recreation Supervisor, and her staff. A. Announcements - None B. Community and Special Events 1. Holiday Extravaganza featuring the 4th annual Medieval Fa ire, Holiday Parade and Holiday Tree Lighting to be held on December 9 and 10. . Saturday and Sunday, 11 a.m. - 5 p.m. each day. Medieval Faire at Intracoastal Park. Advance general admission $5 at Boynton Cinema, Old Boynton & Military Tr., and City Hall in the Mall, Boynton Beach Mall, right next to Macy's. Gate general admission $7. Children 3-10 and seniors 65+ $5. . Saturday, Dee. 9, 5 p.m. Holiday Parade steps off south along Federal Hwy. From Ocean Ave. to S.E. 1th Ave. FREE. . Saturday, Dec. 9, 6:30 p.m. Tree Lighting. 100 block of E. Ocean Ave. at Schoolhouse Children's Museum. FREE. . Saturday, Dee. 9, 7 p.m., Concert. Featuring Crystal Gayle and the Gatlin Bros. - 00 block of E. Ocean Ave. FREE Wayne Segal, Public Affairs Director, reviewed the numerous holiday activities in Boynton Beach. 2 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 B. Presentations: 1. Proclamations - None IV. PUBLIC AUDIENCE Mayor Taylor invited members of the public to speak on any item not on the agenda. Herb Suss, Quail Run, made a plea for a u-turn or light at the entrance to Quail Run, since there had been numerous accidents at that location. He asked staff to follow up on this item with Commissioner Warren Newell. He also requested that individuals be allowed to hold membership in more than one City board at a time. Mr. Suss suggested the City should hold off on more building due to concerns about water. Since renters would occupy 50% of the buildings at Renaissance Commons, he feared Boynton Beach would become a transient city. Dan Spotts, owner of Marine Scenes Aquarium Shop, 805 N. Federal Highway, sought assistance with a nearby illegal boat yard that was affecting his property. The owner was well known and had been cited for numerous violations of the City Code including safety violations. In September, the City issued a Cease and Desist Order to the owner, but since he had applied for foreclosure, the owner was unconcerned about compliance. The business was still in operation. City Attorney Cherof responded the City had filed the Cease and Desist Order in Circuit Court for an injunction to stop the business from operating. They were waiting for a hearing date from the Judge, which could be a matter of days or months. When no one else came forward to speak, Mayor Taylor closed the Public Audience. XIII. UNFINISHED BUSINESS C. Follow-up discussion on site plan for Ocean 95 industrial project (This item was moved up on the agenda by consensus of the Commission.) Mr. Bressner and Commissioners McCray, McKoy, and Rodriguez declared they had discussed the matter with the developer in the last two days. Mr. Bressner summarized, saying on November 20, 2006, the City conducted a meeting of the area residents to talk about ideas and options and a consideration of the impact of the development. The conversations held at the meeting were productive and helpful. Staff presented the projected traffic volumes for the project. The developer discussed the design of the building and whether or not large over-the- road trucks would be able to utilize the facility. They talked about the then three alternatives for accessing the site. Mr. Bressner reviewed the options discussed at the special meeting. The "northern access" route would access the property going from the north side of Boynton Beach Boulevard where the self-storage facility was located, and under the bridge to reconnect with N.E. 6th Street under the bridge. This option would require land acquisition. It would also require that at least one house immediately south of the bridge abutment be acquired. There was a right-of-way that existed just south of that property and it would have to be purchased from the self-storage 3 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 facility. Finally, it would require the Florida Department of Transportation (FDOT) to grant access under its bridge, since that was part of the Interstate 95 right-of-way. Another option was for the City to "purchase the property in total." This option would require that an appropriate public purpose be determined. The City did not believe it would be appropriate to have a park next to railroad tracks. Staff had considered the possibility of relocating the Public Works compound to the property. It would cut the traffic volume by about 50%, but would still introduce traffic to the area. There would be garbage and fire trucks, police cars and other City vehicles going in and out for fueling throughout the day. On the plus side, the City could control the truck traffic, since the drivers would be City employees. On the minus side, the City thought the best location in which to relocate the Public Works compound would have at least nine acres and the proposed Ocean 95 site had only six acres. Crockett Farnell, Genesis Development Group, appeared on behalf of the Ocean 95 Exchange Plaza and discussed the "northern access" route, saying depending on the relocation of the affected homeowner(s), the northern route was a feasible and preferred route for all because it gave the developer better ingress and egress to the site and mitigated almost all the traffic. It would, however, require negotiating with three separate parties and the problem was time. They had been involved in moving this project forward for well over a year, been subject to a moratorium, and done all their subsequent applications in compliance with City Code. Regardless of the outcome on the truck route, he asked for a motion to be allowed to proceed to the permitting process and move forward with development of the project, with the understanding that if the City were able to acquire these rights-of-way, they would be amenable to utilizing that roadway. If the City were interested in purchasing the property, that could also be discussed. Commissioner McCray asked to see the truck route already in use in the neighborhood. Mr. Farnell showed him the route on N.W. 1st Avenue behind the commercial properties, which tied in at the same junction, N.E. 6th Street, and was the currently designated and historical truck route in the neighborhood. The 90-degree angle and power pole located there was difficult for trucks, although Mr. Farnell stated anything could be moved. Mayor Taylor declared they had to determine whether owners of the affected property would be willing to sell voluntarily. The owners had not decided and declined to speak, but would listen. Mayor Taylor commented if the northern route were selected, the City would have to negotiate with the owners of the affected property to purchase it, or state it needed the property under Eminent Domain for a right-of-way street. Legally, the developer had every right to develop the property and the City could not prevent it. It had the correct zoning and had been an industrial area for many years. Their options were to try to provide the northern route or decide which one of the other routes in and out would be the truck route. Commissioner Rodriguez wished to minimize truck traffic during the construction process and asked the developer for a timeline. Mr. Bressner estimated negotiations and constructions to take approximately 10-11 months. Mr. Farnell estimated six months for permitting and working with the Building Department. The construction process was slated to take 12-16 months, so there would be an 18-month window in which to have the offsite improvements completed. Construction traffic would potentially be in evidence for about four months. 4 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Commissioner McCray asked if there were money in the budget set aside to buy the easement and purchase the house. Mr. Bressner responded it was not budgeted and if the Commission were to authorize funds from another place, it would be a policy decision. Commissioner Rodriguez asked the cost of the Stor-allland, and Mr. Bressner replied the City's real estate consultant would have an answer in two weeks. It was hoped there would be no cost for the FDOT right-of-way under the bridge. Commissioner McCray confirmed with City Attorney Cherof the burden was on the City to establish the public purpose for taking the property and inquired how long it would take to establish that. City Attorney Cherof stated with the quick take method, the property could be acquired in a matter of months. Commissioner McCray observed a business was going in and a family was coming out, but Mayor Taylor commented that was only one option. The other option was to do nothing and use the established truck route or one of the other routes in the neighborhood. Commissioner McKoy believed it was important to let the family know that no one was saying at this meeting that their property was going to be taken by Eminent Domain. Commissioner Rodriguez hoped it would never come to that and spoke in favor of a compromise agreeable to all concerned. Commissioner McCray noted there were also children in the vicinity of the Public Works compound where there were no sidewalks, and there had never been any accidents with trucks. Mayor Taylor definitely understood the concerns of the residents about children in the vicinity of truck traffie. He commented he had been raised in an area right beside a four-lane highway that was very heavily trafficked, and understood he was not allowed to play outside. He had raised five children who had also been told they could not play in the street. He believed this was something children should be taught. Mr. Livergood advised a "southern crossing" would require closing the Ocean Avenue crossing, which would entail granting authority to all the existing properties, particularly Bulldog Fence, to travel over all of the other properties to the south in order to use the access. Also, if a crossing were to be built, it would require quad gates at a cost of about $250K. Some residents believed the $250K would be money well spent if it saved the life of a child. The Mayor did not believe it was a question of money. He had walked the area, measured it off, and could not find any place the FEC (Florida East Coast Railroad) could provide a safe crossing. Mr. Farnell was concerned about safety for the neighborhood's children and the workers but based on conversations with FDOT and CSX, joined Mr. Livergood in declaring approval of a southern crossing would be highly unlikely, due to the unsafe access angle involved. Residents speaking against the Ocean 95 Exchange Plaza project: Tara Wallace, 638 S.W. 4th Avenue; Gary Lehnertz, 619 S.W. 2nd Avenue; Vinor Rada, 718 S.W. 3rd Avenue; Kathy Romeo, 303 S.W. 7th Street; William Deer, 700 S.W. 1st Avenue; Jeff Morgan, 745 S.W. 1st Court; Robyn Lorenz, 805 S.W. 1st Court; John VanWagner, former owner 736 W. Ocean Avenue; and Phyllis Wong, Ocean Avenue, Leisureville A resident declared when she brought up the northern route at the special meeting, she had never mentioned N.W. 6th Avenue and taking a house by condemnation, attributing that idea to the developer. The resident outlined a route involving a dirt road going under the bridge and 5 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Mr. Bressner replied if they were trying to keep the roadway to the east of the houses to avoid taking them, they would still have a short, sharp, angled unsafe turn across the tracks. Mr. Farnell wished it known he had not wanted to impact anyone's property. He agreed with Mr. Bressner they would have even less space on the route suggested by the resident because the ramps were dirt ramps. In response to a question from the public about whether the City had been involved in the moving of some railroad tracks in the neighborhood recently, Mr. Bressner replied it had not been involved. In response to a resident who wondered if alternative projects had been considered for the proposed site, Mayor Taylor indicated the City had considered several. In response to a query from a resident about why the City was not stopping the project in light of the sentiments of the residents, Mayor Taylor replied if the City were to deny the developer the right to develop the property without a proper reason, it would be open to a lawsuit. As fiduciaries of the citizen's pocketbooks, the Commission had to make sure they were not sued like they had been several years previously when they denied a developer the right to develop a particular property. A resident commented the fact the neighborhood would be facing an industrial section 10 times the size of the existing one with 10 times the traffic would surely constitute a proper reason for the City to deny the application. A long-time resident of Ocean Avenue commented Ocean Avenue had always been the truck route. Trucks avoided the N.W. 1st Avenue route due to the difficult turn at the end. Another resident noted it would not be possible to control which route the truck drivers chose to take, regardless of which route was designated. Other comments from the residents were as follows: . Leave site as green space. . The zoning was no longer appropriate. Twenty years ago, I-95 was two-lanes. . If approved, the City would be hit with lawsuits from property owners whose properties had been devalued by the action. . Residents often called the City about traffic on N.W. 8th Street, where the Police had written many tickets. . Children go to and from school on N.W. 8th Street twice a day. . Leisureville would also be affected because Ocean Avenue was a direct route to Congress Avenue. . Crime would likely double and triple in the future because there was no place in Boynton Beach for children to go out and play; nothing for children to do; no land left available for people to walk dogs, have picnics, or play baseball. . The Commission should let the residents know of its ultimate decision. Commissioner McCray related a situation in which young children were walking to and from Galaxy Elementary School without the benefit of sidewalks. The Commission and the neighborhood were very concerned about the danger, and a sidewalk was put in and a special route devised. In the Ocean 95 project, it seemed the residents were saying, "Not in my back yard," although they probably needed to look at another route. Commissioner McCray personally and the Commission in general were very concerned about the safety of children. 6 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Mayor Taylor believed it was imperative to find out the cost of purchasing the subject site before making a final decision. As long as the City owned the property, they could decide in the future what to do with it. Mr. Bressner believed there had to be a public purpose to purchase the property and green space or a park would probably not be deemed an appropriate use. It could not be based on neighborhood interest. Mayor Taylor suggested putting this item on the first meeting in January, since they would have the appraisal back by then and would have a better idea about what it would take to make the northern access point happen. To be fair, they should state that they would make a final decision at the first Commission meeting in January. Mr. Farnell asked for approval to continue with the project between now and January, as it cost them money every day. They paid a substantial amount of taxes and they wanted to further the project as much as possible. He asked for action on the Development Order. Quintus Greene, Development Director, declared the Commission should be aware that if the developer wished to proceed with permitting, his building permit fee would be 2% of the estimated construction value of the building. In order for staff to begin the process of review, the developer would be charged 30% of the 2%. That would have to be factored into any additional expense the City would have to reimburse the developer if the City decided to purchase the property. Attorney Cherof stated the Commission could approve the Development Order again with the caveat that the developer would proceed at his own risk between now and the first meeting in January. Mr. Farnell did not understand the mention of "at risk." He went on to say this would amount to approximately $30K, which would not be a major issue in the discussion of the valuation of the property. In his view, they would be proceeding based on the fact the City had the right to come back and make them an offer and negotiate a deal, but if that deal did not work out, they could proceed. Attorney Cherof stated the "at risk" part was at the next Commission meeting, the Commission could do one of two things: 1) Make an offer to engage in negotiations to purchase the property; or 2) continue to reconsider the site plan. Commissioner Rodriguez asked the developer if he would be in a position between now and the first meeting in January to submit for permitting. Mr. Farnell doubted they would get to the point of actual submittal. City Attorney Cherof commented that once the Commission issued the Development Order, it would be the developer's right to proceed until completion. That did not, however, stop the Commission from evaluating and implementing other alternatives, i.e. the north access point, acquiring the property, or allowing traffic to flow through the neighborhood as it does but with possible additional restrictions on weight, time, location, route and so forth. The developer was correct in pointing out the property was zoned correctly for the use he applied for and the site plan met the technical requirements for the issuance of a site plan. The issue of further public input came up, and City Attorney Cherof stated they had already had public input and no further public input would be required if the motion were tabled until January, subject only to a vote by the Commission in January. Motion Commissioner McCray moved to table this item to the first meeting in January 2007. The motion passed unanimously. 7 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 MAYOR TAYLOR DECLARED A RECESS AT 8:31 P.M. THE MEmNG RESUMED AT 8:35 P.M. V. ADMINISTRATIVE A. Appointments Appointment Length of Term To Be Made Board Expiration Date II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2) III Rodriguez Cemetery Board Alt 1 yr term to 4/07 Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Community Relations Board Reg 3 yr term to 4/08 II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 III Rodriguez Education and Youth Advisory Board Alt 1 yr term to 4/07 III Rodriguez Library Board Alt 1 yr term to 4/07 II McCray Library Board Alt 1 yr term to 4/07 Tabled (2) I Ensler Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/07 Tabled (3) II McCray Recreation & Parks Board Reg 3 yr term to 4/08 IV McKoy Senior Advisory Board Reg 2 yr term to 4/07 Mayor Taylor had an applicant for a regular member of the Community Relations Board, and Commissioner McKoy deferred his alternate Community Relations Board appointment to Mayor Taylor. Motion Mayor Taylor moved to appoint Belke Cruz as a regular member of the Community Relations Board. Commissioner McKoy seconded the motion that passed 4-0. Motion Commissioner McCray moved all other appointments be tabled for lack of candidates. Commissioner McKoy seconded the motion that passed 4-0. VI. CONSENT AGENDA A. Minutes 1. Regular City Commission - November 8, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 8 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 1. Approve a piggyback to the GSA Contract #GS-07-F-9491 with Godwin Pumps of America, Inc. for the purpose of (1) New 12" Bypass Pump at a purchase price of $89,972. 2. Award the "ANNUAL SUPPLY OF SULFURIC ACID" Bid #009-2821-07/JA, to SATCO, (Sulphuric Acid Trading Company, Inc.) of Tampa, FL for an annual expenditure of $160,000. 3. Approve a piggyback with Charles S. Whiteside, Ine. in the amount of $418,442.50 for construction of the Southeast Neighborhood Park based on a contract with Palm Beach County "Annual Pathway and Minor Construction Contract, Project No. 2007052." The budgeted project amount is $645,370.50 with $226,937 allotted for other contractors and $34,621 to be used as contingency. C. Resolutions 1. Proposed Resolution No. R06-202 RE: Approving and authorizing execution of Task Order No. U06-5-01 with CH2MHill for development of a testing plan, and contracting for testing services to conduct a mechanical integrity test ton the reject water injection well, located at the West Water Plant for $60,500 and $29,459 for consulting services. Total cost is $89,958. 2. Proposed Resolution No. R06-203 RE: Approving and authorizing execution of an Assignment and Assumption Agreement as an addendum to the contract approved on June 20, 2006 among BellSouth Telecommunications, Inc., the City of Boynton Beach and Palm Beach County to install a secondary E9-1-1 PSAP to relocate 9-1-1 Communications for a cost of $60,831. D. Approve the "HIGH RIDGE PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper) E. Approve full release of surety for the project known as Carriage Pointe, in the amount of $23,861.15 and to refund the cash payment in this amount to the project developer, Lennar Homes. Motion Commissioner McKoy moved to approve the items on the Consent Agenda. Commissioner McCray seconded the motion that passed 4-0. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS. THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION 9 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: Arches (SPTE 06-011) Bonnie L. Miskel, Esq. Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a 12 month site plan time extension for site plan approval granted on September 6, 2005 to extend site plan approval from September 6, 2006 to September 6, 2007. Bonnie Miskel stated they had no issues with staff's conditions of approval. Gabriel Wuebben, Planner, declared staff recommended approval of this request including the height exception and all original approvals. All conditions must still be satisfactorily addressed. Mayor Taylor opened the floor for public comment, closing it when no one came forward. Motion Commissioner McCray moved to approve the request for site plan time extension. Commissioner McKoy seconded the motion. Commissioner Rodriguez inquired whether the developer was amenable to some beautification of the property during the process, such as trees along the perimeter. Ms. Miskel thought her client would be amenable to that, as long as it did not interfere with construction activities. Commissioner Rodriguez noted the trees could be relocated. Commissioner Rodriguez asked if the motion could be contingent on the addition of the request for landscaping around the perimeter. Commissioner McCray remarked they were not approving a site plan and he did not want to include it in his motion. Ms. Miskel suggested placing trees at the main intersection on Ocean and Federal Highway, and this was acceptable. The motion passed 4-0. B. Project: Agent: Owner: Location: Description: Denmar Building (NWSP 06-024) George Brewer, Brewer Architecture, Ine. Mary Ann Monnin 615 N.E. 3rd Street Request for new site plan approval to construct a 3,433 square foot commercial retail and contractor office/warehouse building and related site improvements on0.34 acre in the C-4 (General Commercial) zoning district. George Brewer, Brewer Architecture, Inc. appeared and indicated he had no problems with any of the conditions of approval. Kathleen Zeitler, Planner, stated staff recommended approval with 24 conditions. Mayor Taylor opened the floor for public comment, closing it when no one came forward. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Motion Commissioner McCray moved to approve the request. Commissioner McKoy seconded the motion that passed 4-0. c. Project: Agent: Description: Evaluation and Appraisal Report (EAR) Staff-initiated Request to review the revised EAR, which addresses the deficiencies identified by the Department of Community Affairs in the original EAR report. (Proposed Resolution No. R06-204) Commissioner McCray recalled a request for name and title changes, and asked for status. Hanna Matras, Economic Planner, indicated if approved for transmittal, they would change all the names and titles as requested. Mayor Taylor opened the floor for public comment, and closed it when no one appeared. Motion Commissioner McCray moved to approve the request with the condition that the names be changed before transmittal. Commissioner Rodriguez seconded the motion that passed 4-0. D. Project: Agent: Owner: Location: Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Ine. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093) (To be tabled to January 2,2007.) Descri ption: E. Project: Agent: Owner: Location: Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Ine. SCI Funeral Services of Florida, Inc. Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dufac) (1st Reading Proposed Ordinance No. 06-094) (To be tabled to January 2, 2007.) Proposed Use: Request to rezone from Residential, Multi-family (PBC RM to Multi-family Residential (R-3) (Proposed Ordinance No. 06-095) (1st Reading Proposed Ordinance No. 06- 095) (To be tabled to January 2,2007.) Residential development consisting of 40 multi-family town home units. F. Miraflor (NWSP 06-027) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. 11 Project: Agent: Owner: Meeting Minutes Regular City Commission Boynton Beach, Florida Location: December 5, 2006 Description: West side of North Seacrest Boulevard across form Mentone Road Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. (To be tabled to January 2,2007.) Mayor Taylor noted that items D-F were requested to be tabled to January 2, 2007. Motion Commissioner McCray moved to table items VIILD-F until January 2, 2007. Commissioner McKoy seconded the motion that passed 4-0. G. Project: Agent: Owner: Location: Descri ption: Pylon Interstate Plaza (ZNCV 06-010) Jason Mankoff, Weiner & Aronson, P.A. Chambers Properties, LLC and Pylon Plaza, LLC 1501 Corporate Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.16.d (19) for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent Jason Mankoff of Weiner and Aronson, 209 N. Seacrest Boulevard, appeared and stated there had not been any conditions of approval. Ed Breese, Senior Planner, stated staff recommended denial of the application based on a lack of hardship. Staff reviewed the project and the applicant was requesting a variance of 49 parking spaces based on a request to allow 50% of the office space to be used for medical purposes. Medical offices require one parking space for every 200 square feet of gross floor area as opposed to one per 300 square feet of gross floor area of general office space. The applicant hired a traffic engineer, who determined 1) that the parking was highly under-utilized; and 2) that there was justification for a variance based on the floor plan of the building and the current parking demand on the site. Staff considered Criteria A-G and determined a true hardship was not present. They did recognize, however, that the building square footage could be reduced to meet the parking requirement necessary to have medical offices on the site. Staff also recognized it may be an economic hardship on the applicant, based on whatever price the owner may have paid for the property and the price for construction. Economic hardship was not one of the criteria staff used in its review and that was why staff was recommending denial. Staff did understand and also recognized the parking situation was not a problem with the current tenant mix. They could not speak to what it might be with a future tenant mix. They recognized the site was close to Bethesda Hospital and there was a need for medical offices in the immediate vicinity and also that the site was located near a number of residential parcels and near a senior population. Commissioner Rodriguez asked if the parking study the applicant had conducted compensated for the 49 spots that made up the variance. Mr. Breese noted the traffic engineer determined 12 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 based on the floor plan layout, about 22% of the existing building and 22% of the proposed building was not usable office space based on the fact they had over-sized atriums, hallways, janitor closets, and mechanical rooms. Based on that and what they saw with the tenant mix, they felt the parking could substantiate the variance request. In the Code, staff treated all offices the same. It was not gross leasable space, just the office space, but the entire building footprint was involved. That was how it was reviewed for medical offices, general offices, or any type of office use. Commissioner Rodriguez asked what 22% equated to in parking spaces, and Mr. Breese responded, roughly 44 parking spaces Commissioner McCray mentioned scheduling of patients would be one means of controlling the flow of traffic. Mr. Mankoff added they could also have bussing. Attorney Cherof declared economic hardship did not constitute a ground for granting a variance. If medical uses did not generate the same required parking spaces as other uses, a better approach would be to amend the Code to change the formula. Mayor Taylor noticed they had done the traffic study on four different days at 10:00 a.m., which was well after people would be arriving for work and the lot was almost 40% empty. He believed medical office facilities had a preponderance of people coming and going for appointments and not people that parked all day. Motion Commissioner McCray moved to grant the variance request and requested the City to look at the possibility of amending the City's Code on parking for medical office buildings. Commissioner Rodriguez seconded the motion. Mayor Taylor opened the floor for public comment, closing it when no one came forward. The motion passed 4-0. H. Project: Agent: Owner: Location: Descri ption: High Ridge New Urban PUD (SPTE 06-013) Jeffrey Costello, Director of Planning for New Urban Communities New Urban High Ridge, LLC High Ridge Road and Miner Road Request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20, 2006 to September 20, 2007. Jeffrey Costello, New Urban Communities, 398 N.E. 6th Avenue, Delray Beach, stated there were no conditions, but they expressed appreciation for staff's assistance in moving this forward. With the plat being approved tonight, land development permits were about ready to be issued. They were looking forward to moving ahead on the project. Gabriel Wuebben, Planner, stated staff had reviewed the request and recommended approval. Mayor Taylor opened the floor for public comment, and closed it when no one came forward. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Motion Commissioner McKoy moved to approve the request for site plan time extension. Commissioner McCray seconded the motion that passed 4-0. IX. CITY MANAGER'S REPORT: A. Review of Utilities Capital Improvement Plan Mr. Bressner indicated this item had lagged behind the regular Capital Improvement budget because the Commission recently reviewed and made a final decision regarding the City's water improvement modifications. The plan called for the interconnect between the East Water Treatment Plant (EWTP) and the West Water Treatment Plant (WWTP), and the shifting to the deep aquifer in the WWTP area and better utilizing the shallow aquifer in the EWTP by shipping the raw water from the west to the east. This did save the City some money overall from the earlier plan. The second element of change in the plan represented some ongoing discussions that had been occurring at the Regional Wastewater Treatment Plant (RWTP) around the issue of the outfalls for the treatment plant. Not only this treatment plant, but also five others in Florida would, in all probability, be phased out according to the State Department of Environmental Protection (DEP), over a period of time. In doing so, Delray Beach and the City of Boynton Beach, who operate the RWTP together, would have to incur some capital expenses for modifications to the RWTP that would increase the amount of water reuse and would also include the construction of an injector pump or pumps. The City did not know the cost, but had put in an additional $15M, just for the RWTP improvements. The second part of that was as part of the City's review of the Utility budget, this particular revision to the five-year plan included a more accelerated completion of the infiltration analysis for the sanitary sewer system. This was particularly true in the eastern part of the community, where there was a higher water table subject to groundwater intrusion in the sanitary sewer system. The Commission recently authorized the first phase of the infiltration analysis for the core area of the eastern part of the community. This particular budget included a more accelerated pace of for that work, since they wanted to reduce the amount of groundwater flow going to the RWTP. The final component was for the City to expand the water reuse. About eight months ago, the City Commission authorized a pipeline that would take the water reuse line from Congress Avenue up Golf Road, to Federal Highway and north on Federal Highway with a terminus just north of the Ocean Avenue Bridge. It was designed specifically to do two things: 1) First, to import recycled water into an area of the community that did not have access to it, thereby providing a direct replacement of potable water for recycled water for irrigation purposes; 2) Second, to serve as a springboard to provide recycled water to the barrier island in Ocean Ridge. They were one of the City's largest water users for individual residential accounts. This was because the groundwater in Ocean Ridge was subject to saltwater intrusion and was not suitable for landscape irrigation. If it were feasible to bring the recycled water to the barrier island, the amount of potable water being used would be decreased. It would assist the City in terms of its consumptive use permit from the South Florida Water Management District (SFWMD). The City's neighbors to the south anticipate using the discharge line from the RWTP to get to their barrier island. A pipe that already existed could not be used for that purpose until they ceased using it for outfall for the combined sewer plants. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 This overall operating plan represented some rather substantial changes from the plan approved in the prior fiscal year as a result of some environmental changes that occurred due the regulatory climate with respect to potable water and shallow water. The next step was for staff to come back to the Commission with an analysis of what rate adjustments were necessary in order to fund the necessary improvements. The City had working cash that would take it to a certain point, but thereafter, the City would have to issue revenue bonds. It was a question of the timing of when the revenue bonds were issued, the interest rate, and the time cycle. Mr. Bressner had taken the position to hold off until the last possible minute to borrow money and use cash on hand. He had been able to say that for the last four years, but he could not say it much longer. Mr. Mummert was present and could address what the working cash was and when they would expect to have to shift to bond financing. Mr. Bressner thought it was a good overall plan, but it did represent a need for the City to move forward on the potable water, the improvements to the RWTP that would be mandated by the DEP, and move to recycled water. Commissioner McCray asked to hear from Mr. Mummert about the bond financing. Bill Mummert, Director of Financial Services, stated there was a sources and uses chart in the agenda packets of the Commissioners. Mr. Mummert related it would not be long before the existing reserves were depleted. As of the end of 2006-07, they had a positive overall projected fund balance of about $12.8M, but as they got in 2007-08, without bond funding or some type of additional funding source by the end of 2007-08, they would have a deficit of over $15M. They would have to look for additional funding, which would most likely be in the form of a revenue bond beginning in 2007-08, if the Commission wished to fund the plan as presented now. Commissioner McCray asked Mr. Mummert how large a bond would be needed. Mr. Mummert stated just to complete the funding for 2007-08, it would be a minimum of $16M. Depending on the borrowing climate at that time, they could come to the Commission suggesting they borrow enough money to cover the next two years, since they wanted to take advantage of the interest rate climate. They would not know what that climate would be and what their recommendation would be until next year. Mr. Bressner stated it would be a presidential election year, 2008, and there was a direct correlation between presidential election years and reduced interest for bonds. Commissioner McCray asked Mr. Mummert what revenue stream they use to pay the bond back. Mr. Mummert responded the revenue stream would most likely be a rate increase. In the budget presented for Utilities this year, the existing revenues and rates were sufficient to cover their operating cost and the required transfer to the General Fund for administrative costs. There really was not a surplus in the budget they presented for Utilities in 2006-07. Mr. Bressner noted they had not adjusted their utility rates since 1990. Commissioner Rodriguez inquired when the City had started to allocate money to this capital improvement project. Mr. Bressner responded the cash reserves had been allocated for it, but the issue was when do you accumulate capital for the improvements. In this case, in order for the City to fully cover the construction, they would have had to borrow a couple of years ago and not have used the money yet. The reason was they were going to go on a cash basis until they absolutely had to, so the rate increase would be as late as possible. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Commissioner Rodriguez thought in the past, when there had been capital improvement plans in his experience, there was a five to ten year maturing that took place in order to get to the number at which they needed to be. That was not the way it seemed to be happening here. Mr. Bressner explained first of all, the nature of the projects in the capital improvement plan had changed in the last eighteen months as a result of some external issues that had occurred. The total volume of activity had changed considerably. Mr. Bressner asked Mr. Mummert to comment on the pre-funding of this. Commissioner Rodriguez elaborated, asking why the City had not prefunded this and why, less than two years ahead of needing it, they were asking for a $16M bond? Mr. Mummert answered that they had prefunded this to an extent. Over the past several years they had experienced some surpluses on the operating side and taken those surpluses and allocated them over to the capital project fund within Utilities. The other thing they had done was within the operating cost, they had a renewal and replacement line item that varied between $2-3M. Another thing they had accumulated was cap fee charges. As indicated by the City Manager, they had gotten to a point where the magnitude of the projects far exceeded some of the advance funding they had been doing. Commissioner Rodriguez asked if this could be attributed to a lack of planning. Mr. Bressner did not believe that was the case. A conscious policy decision had bee made not to ask the ratepayers to pay until it was necessary. Mayor Taylor thought that was part of it, but the City was also being tasked to do a great deal with its wastewater, which they had not been asked to do in the past, to the tune of millions of dollars. Mr. Bressner agreed, saying the volume of work on the wastewater side had greatly increased as a result of some external mandates from DEP. The decision was to hold off as long as possible in regard to the rates. It would be a larger increase. The City was always criticized too, if they collected revenues well before they were needed. They would have numbers for the Commission in February with the order of magnitude and timeline, rates, and so forth. Mayor Taylor commented when they went in for an operating permit for the RWTP plant, DEP denied it, and now the State had decided to do away with the outfalls all the way down the coast. What the City had to do was find out how to do deep well injection, which would cost millions of dollars. This was millions of dollars nobody knew about a year ago until DEP decided the outfalls were ruining the reefs and they were going to put a stop to it. Also, the City had to try to use its wastewater and run the pipes to get credit for that. In the phase out process DEP was talking about, Commissioner McCray asked what years they were considering. Mr. Bressner stated they were still negotiating that, and it would be five to seven years, but probably not longer. Mayor Taylor indicated the City was operating with a temporary permit at this time. Commissioner Rodriguez was concerned when revenues were not allocated throughout a time period to prepare for a big expenditure. They would be asking for a $16M bond to cover that expense and did not even know how they were going to pay it back. Mr. Bressner stated staff would come back to the Commission in February of 2007 with estimated revenue streams and sources and uses for this item. 16 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 B. New Space for the Police Department Chief Immler reported they needed between 5-7K square feet of leased space to relieve the congestion in the existing Police Department. They planned to move Investigative Services (approximately 22 individuals) and if enough space could be found at the right price, the Code Enforcement group (approximately 16 individuals) as well. This would only be a temporary situation until a permanent headquarters for the Police Department became a reality. Mr. Bressner indicated the permanent facility for the Police was scheduled to begin in 2008. Chief Immler favored the Congress Avenue location, since it had enough space to move the Code Enforcement staff, who were operating in a sub-standard facility at present. This location was also the least expensive. The Commission discussed the pros and cons of the following three properties: 1425 Gateway Boulevard, 2500 Quantum Lakes Drive, and 3200 South Congress Avenue. Although the Gateway and Quantum Lakes Drive properties would be more expensive, Commissioners McKoy and McCray believed it was important to have a visible Police presence in the north end and so they discounted the 3200 South Congress Avenue location and preferred looking into the two northern possibilities more closely. Lee Wische, 1302 S.W. 18th Street, spoke in favor of the Gateway Boulevard location, since it was across from a high school where there was trouble. Mr. Wische felt that relocating to Gateway Boulevard, the intended home of the permanent facility, would foster a feeling of security among the residents due to the Police presence. He also referred to a population explosion in the north end, to which Commissioners McCray and McKoy also alluded. Mayor Taylor did not agree that the population explosion was confined to the north end. Mayor Taylor was in favor of the lower cost of the South Congress Avenue facility and preferred to defer to the Police Chiefs judgment in his preference for that facility, since it would be up to him to make it work. Motion Commissioner McKoy moved to ask staff to continue discussions on the two locations identified in the north end. The motion failed for lack of a second. Chief Immler suggested if the Commission approved, they could consider a larger amount of space in the 1425 Gateway Boulevard location, so Code Enforcement could be included. This met with general approval, except Mayor Taylor believed this would increase the cost substantially. Motion Commissioner Rodriguez moved to allow Chief Immler to pursue a lease agreement for 3200 S. Congress Avenue to house Investigative Services and Code Enforcement. Mayor Taylor passed the gavel to Commissioner McKoy and seconded the motion. The motion failed 2-2. Commissioner McCray hoped they could look around a little longer and bring more north end options back to the Commission. Chief Immler thought some other properties might become available and they could keep looking. They might also be able to get a price reduction at 1425 17 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Gateway Boulevard if they took more space. Mr. Bressner suggested coming back at the second meeting in January. Motion Commissioner McKoy moved to direct staff to negotiate a reasonable price for the 1425 Gateway Boulevard location and continue to look for other properties as well. Commissioner McCray seconded the motion. Commissioner Rodriguez asked how soon the move had to take place. Chief Immler responded, the sooner the better. Commissioner McKoy confirmed with Chief Immler the 1425 Gateway Boulevard had enough space to relocate Investigative Services and Code Enforcement, but the Quantum Lakes Drive location did not. Chief Immler thought more recommendations or status could be brought to the next Commission meeting. Motion Commissioner McCray moved to table the item until the first meeting in January. The motion passed 4-0. C. Report and Recommendation on Implementation Strategy for Boynton Beach Assembly Project. Mr. Bressner reported on the Boynton Assembly report that covered four areas: 1) Community Relations/Governance, 2) Infrastructure, 3) Economic Development/Neighborhood Revitalization, and 4) Education and Community Services. This report was the result of consensus reached at the recent Boynton Beach Assembly held on Hutchinson Island. The next step would be the implementation of the report's recommendations. They had gone through each of the items and made suggestions about how each of the recommendations could be implemented. The main emphasis was to establish an Implementation Team made up of the Mayor, City Manager, and five other individuals selected by the City Commission. There would be a seven person advisory group that would present bi-annual progress reports to the City Commission. Commissioner Rodriguez asked if the task item teams would report to the Implementation Team, and Mr. Bressner responded affirmatively. This team would present the reports to the Commission on a scheduled basis. Commissioner Rodriguez asked if a time frame had been identified. Mr. Bressner responded it would depend on the item. For example, in setting up an Economic Development program, some preliminary work would have to be done to determine what shape the Economic Development Plan would be in. The question of budgeting for that position was also an issue. Commissioner Rodriguez thought they had done a great job on making recommendations and suggestions, but he suggested quarterly reports instead of bi-annual reports for some of the tasks. It sounded as if they would not get anything for six months. Mr. Bressner thought the earliest they would see something was March or April of 2007. Commissioner Rodriguez thought if they were targeting three years for completion of some of the items, the item would have 18 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 changed by that time. Mr. Bressner thought a quarterly report to the Commission with deliverables reported at that point would be a more aggressive schedule. Mayor Taylor expressed concern about the three recommended positions identified in the report and funding for them: an economic development professional, an urban planner with an emphasis on traffic and transportation, and an education liaison. He thought they should put the Implementation Team together and have them take a look and come back to the Commission to recommend whether or not those three positions would be required. Commissioner Rodriguez confirmed the Implementation Team would identify roles and responsibilities and functions for the proposed headcount, which could be less than or more than what had been recommended. Mr. Bressner thought there would be some support staff also for the Economic Director, for example. He thought the educational liaison person could probably be a stand-alone position. A very preliminary estimate for the staffing needs to fill the recommendations would be around $100K for the three positions. Mayor Taylor hoped to see whether the positions were necessary or whether the City's advisory boards could provide those functions. There was some overlap. He thought the Education & Youth Advisory Board could fulfill this role. Commissioner McKoy thought that was a good idea except that the advisory board members were not obligated to get things done, and the recommendations had to be done. Mr. Bressner agreed. He felt the issue of education and providing a focus and linkage seemed to be a high priority. Delray Beach had a full-time staff person and Boca Raton just added a full-time staff person to serve as their liaison with the school systems. Mayor Taylor thought that might be the recommendation of the Implementation Team to say that this position was a necessity. Mr. Bressner felt it was important to move into implementing the recommendations as quickly as possible. He thought the Assembly had come up with a great work plan and that there was nothing that could not be done in a three to five year period. From personal experience in another City, Mr. Bressner could testify to the importance of keeping in touch with the participants of the Assembly. There was a reservoir of talent that could be tapped to the City's advantage. They discussed the other five Implementation Team members. Mayor Taylor was happy to serve, if the Commission agreed. Motion Commissioner McCray moved to authorize the establishment of an Implementation Team for the Boynton Beach Assembly project not to exceed seven individuals. Commissioner McKoy seconded the motion that passed 4-0. The Commissioners were asked to send their nominations for the Implementation Team to Mr. Bressner. D. Report on 2007 State Appropriation Requests Mr. Bressner initiated a discussion on the review and setting of priorities for the 2007 state appropriations. They were: 1) Computer-based Training System for Firefighters; 2) Boynton Beach Gated Community Access; 3) EOCjStation #5 Hardening to greater than category 3 hurricanes; 4) Training site for Firefighters at Rolling Green Complex; 5) Reclaimed Water 19 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Distribution System; 6) Generator for Fire Station No.1; 7) Congress Avenue Community Park & Boundless Playground. Mr. Bressner indicated there could be others. There had been some indication, based on informal conversations with Sen. Atwater, that some of these items could be worked into departmental budgets. Mr. Bressner believed the issue of noise walls should be added to the list. The noise walls were needed on both sides of I-95 south of Golfview Harbor and the east side of I-95 adjacent to the B.C.E. Aerospace property. FDOT told the City the work did not warrant a special study; they were not interested in funding it administratively; and that it may require a special appropriation through the Legislature. Sen. Atwater confirmed the special appropriation was the right way to go for what could be a multi-year project. Another multi-year project and possible addition to the list would be the implementation of any Boynton Inlet work, but they would not see any results of the study until the 2008 appropriation cycle. Commissioner McCray asked Mr. Bressner whether the $8.7M anticipated to be spent on the Boundless Playground was overstated. Mr. Bressner responded it was not because that included the entire Congress Avenue Community Park, and not necessarily just the Boundless Playground portion, which accounted for about $2.5M. The Master Plan for the entire park that was presented and reviewed by the Commission had various phases of the project, and the total for the Master Plan was $8.7M. They had set up a funding foundation that would serve as a portal for non-tax funding of the project. Mr. Bressner would revise the wording to reflect this. Commissioner Rodriguez confirmed with Mr. Bressner that to date, $2.0M had been allocated to this project from the Reserve Fund by Commission authorization. X. FUTURE AGENDA ITEMS A. Review by Recreation & Parks and Arts Administrator of possible pocket park next to Sunshine Square (January 2, 2007) B. Review of Art in Public Places (January 2, 2007) C. Review of Appointment of Chairs and Vice-Chairs of Quasi-Judicial Boards (January 2, 2007) D. Possible change of board reappointments to after November election (January 2, 2007) E. Feasibility of Saturday hours for the Building Division (March 2007) F. Schedule of all development fees and when payment is due (TBD) XI. NEW BUSINESS: None XII. LEGAL A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 20 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Large Scale Amendments 1. Proposed Ordinance No. 06-063 RE: Amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Sunshine Square Corp, LLC., and located at the southwest corner of Woolbright Road and South Federal Highway; changing the land use designation from Local Retail Commercial (LRC) to Mixed Use (MX). 2. Proposed Ordinance No. 06-065 RE: Amending Ordinance 89-38 by amending the future land use element of the Comprehensive Plan for two (2) parcels of property; parcel one is bounded by the C-16 canal on the north, Mariner's Way on the south, West Road on the west, and the Intracoastal Waterway on the east; parcel two is bounded by Martin Luther King, Jr., Blvd. on the north, NE 6th Court on the South, the Intracoastal Waterway on the east and Alley east of and parallel to US Highway 1 on the west; changing the land use designation from Mixed Use to Low Density Residential. 3. Proposed Ordinance No. 06-072 RE: Amending Policy 1.9.5 and Policy 1.16.1 of the Future Land Use element of the Comprehensive Plan in support of a corridor study along Woolbright Road between the Florida East Coast Railroad Right-of-way and I-95 and to allow for residential densities of up to twenty (20) dwelling units per acre in areas outside the Federal Highway Corridor Redevelopment Area for the development of affordable housing. Attorney Cherof read Proposed Ordinances No. 06-063, No. 06-065, and 06-072 by title only. Mayor Taylor opened all matters for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-063. Commissioner Rodriguez seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 06-065. Commissioner McCray seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. 21 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-072. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. 4. Proposed Ordinance No. 06-088 RE: Amending Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment of Mixed Use-High (MU-H) and establishment of the Mixed Use-Low 2 (MU- L2) and Mixed Use-Low 3 (MU-L3) zoning districts. Attorney Cherof read Proposed Ordinance No. 06-088 by title only. Mayor Taylor opened the matter for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Mike Rumpf, Planning & Zoning Director, reported just prior to first reading of this item, the public generated some comments. Staff had inserted them for the Commission's consideration to the best of its ability in the short time period. Three topics had been addressed: 1) residential compatibility and privacy; 2) access from arterial or collector streets; and 3) surface parking areas. Attorney Cherof indicated the changes were not in the Commission backup yet. On Page 2, footnote 3 pertained to height maximums. After "projects", "unless reductions are necessary to maintain compatibility with an abutting single-family zoning district" was added. Footnote 7 after "plans" added, "and maintain compatibility with an abutting single-family district." The net effect of these changes was in these zoning districts, intensities and heights might be further decreased if necessary to achieve the objective of compatibility. Commissioner McCray questioned whether this item could be heard without the Commissioner's ability to read the changes. Attorney Cherof indicated Mr. Rumpf planned to read the changes, three of which were almost identical in nature and were acceptable. Mr. Rumpf stated page 10, item 9, was modified as follows: "Drive-thru facility, including stacking lanes, must not be visible from public rights-of-way and requires conditional use approval. When alternative ingress and egress is available, access should not be from/to an arterial roadway." With this change, they were emphasizing the fact that ingress and egress from an alternative must be available rather than just one or the other. On page 17, Item 9, the language would now be: "Vehicular access for project shall not be directly from an arterial roadway where sufficient alternative access is available." On page 18, item (b), Design Compatibility, after "materials," the language would now be: "Projects proposed that would abut a single-family zoning district should be designed to avoid a reduction in privacy of the adjacent neighborhood through measures such as, but not limited to, additional landscaping, orientation of windows and balconies, and layout of upper units." Current regulations preclude surface parking, particularly in MU-H and MU-L3 districts, from being accessible from arterial and collector roads. The proposed change would give some 22 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 flexibility. The change was that surface parking not be visible from those roadways. The former restriction in this item applying to lots for more than 10 vehicles was stricken to allow more flexibility. Commissioner McCray asked Attorney Cherof whether the second hearing items could be tabled. Mr. Rumpf stated in this case that would be a problem, because the regulations were needed as a pre-requisite to the items that were following this on the agenda, the large-scale amendment items. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-088. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. The Office @ Bamboo Lane 5. Proposed Ordinance No. 06-089 acre parcel. RE: Annexing the 0.265- 6. Proposed Ordinance No. 06-090 RE: Amending the Comprehensive Plan Future Land use Map from Commercial High with underlying Medium Density Residential (PBC CH/5) to Local Retail Commercial (LRC). 7. Proposed Ordinance No. 06-091 RE: Rezoning from Commercial, General (PBC CG) to Community Commercial (C-3). 8. The Office @ Bamboo Lane (ZNCV 06-011) Request relief from Chapter 2. Section 6.C.3 of the Land Development Regulations, requiring a minimum lot area of 15,000 square feet in the Community Commercial (C-3) zoning district, to allow development of a lot of 11,578 square feet, representing a variance of 3,422 square feet. (Tabled to December 5, 2006) 9. The Office @ Bamboo Lane (NWSP 06-023) Request for New Site Plan approval to construct a 7,497 square foot professional business office building and related site improvements on 0.265 acre zoned C-3 (Community Commercial). (Tabled to December 5, 2006) Motion Commissioner McCray moved to remove item XILA.8-9 from the table. Commissioner McCoy seconded the motion that passed 4-0. Attorney Cherof read Proposed Ordinances No. 06-089, No. 06-090, No. 06-091 by title only. 23 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Mayor Taylor opened all matters for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Item XII.A.8 & 9 were not ordinances, but were read by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-089. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 06-090. Commissioner McCray seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-091. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. Motion Commissioner McKoy moved to approve item XII-A.8. Commissioner McCray seconded the motion that passed 4-0. Motion Commissioner McCray moved to approve item XII-A.9. Commissioner Rodriguez seconded the motion that passed 4-0. Ellipse (Sunshine Square) 10. Proposed Ordinance No. 06-064 RE: Rezoning from Community Commercial (C-3) to Mixed Use-Low Intensity 3 (MU-L3) for a proposed mixed-use project on 14.41 acres. 11. Ellipse (Sunshine Square) (HTEX 07-001) RE: Request for height exception of 19 feet to allow for a total height of 94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles to exceed the maximum building height of 75 feet on the MU-L3 zoning district. (Tabled to December 5, 2006) 12. Ellipse (Sunshine Square) (NWSP 05-031) new site plan approval to construct 24 RE: Request for a mixed use Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 (residential/office/retail) complex on a 14.43-acre parcel in the Mixed Use-Low Intensity 3 (MU-L3) zoning district. (Tabled to December 5, 2006) Motion Commissioner McCray moved to remove items XII-A.11 and 12 from the table. Commissioner McKoy seconded the motion that passed 4-0. Attorney Cherof read Proposed Ordinance No. 06-064 by title only. Mayor Taylor opened the floor for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance 06-064. Commissioner Rodriguez seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. Attorney Cherof read items XII.A.11 and 12 by title only. Mayor Taylor opened the floor for public hearing. Buck Buchanan, 807 Ocean Inlet Drive, commented City staff, CRA staff, the CRA Board, the Commission and other boards and individuals throughout the City and the Commission had worked hard to develop development regulations including compatibility and height limits. He believed in the case of height limits, developers took the limits as starting places. There was a 25% increase over the stated height limit with no justification and it should be rejected. Bonnie Miskel stated they had an alternative drawing that would have brought the project to the appropriate height, but the design had no delineation or articulation. Ms. Miskel pointed out the requested height was to hide roof elements that would otherwise have been offensive. Comparable exceptions had been granted to The Arches and Marina Village for the same reason. They felt entirely justified in asking for this. Mark Weiner, project architect, clarified that in their last submission, the variance had been reduced to 14 feet. Their highest point was now 89 feet. That height was needed for the architectural elements that gave the building interest, the stair towers, and elevator towers. The actual area of the fa<;ade relative to the part that was above 75 feet ranged between 9 and 16% of the building's facades. The original MU-L zoning had a 75-foot height limitation, but it also had a conditional exception up to 100 feet. When the MU-L3 category was brought into being, they had already designed and submitted the project. Ms. Miskel elaborated further, saying they had submitted a site plan much earlier than they normally would have because it had to be submitted concurrently with a land use plan amendment they had done several months previously. They started the project envisioning a different zoning. No one else coming forward, Mayor Taylor closed the public hearing. 25 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Motion Commissioner Rodriguez moved to approve item XII.A.11 for a 14-foot height variance with the total height not to exceed 89 feet. Commissioner McKoy seconded the motion that passed 4-0. Attorney Cherof read item XILA-12 by title only. Mayor Taylor opened the matter for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item XII.A-12. Commissioner Rodriguez seconded the motion that passed 4-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-092 RE: Approving creation of Section 18-180.2 of the Boynton Beach Code of Ordinances providing for a 2% automatic annual delayed COLA for the Firefighter Pension Fund; and amending Section 18-186 to provide for 12% member contributions into the Firefighter Pension Fund. Attorney Cherof read Proposed Ordinance No. 06-092 by title only. Mayor Taylor opened the matter for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-092. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-096 RE: Amending the City of Boynton Beach's Code of Ordinance to replace the term Occupational License with Business Tax or Business Tax Receipt. Attorney Cherof read Proposed Ordinance No. 06-096 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-096. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. 26 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 2. Proposed Ordinance No. 06-097 RE: Amending the Land Development Regulations of the City of Boynton Beach, Revising Chapter 4, "Site Plan Review" Section 5 to increase the initial approval period for site plans from twelve months to eighteen months. Attorney Cherof read Proposed Ordinance No. 06-097 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-097. Commissioner Rodriguez seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. 3. Proposed Ordinance No. 06-098 RE: Amending Part III, "Land Development Regulations", Article III "Special Conditions" of Chapter 21; providing for additional time that special signs can be maintained. Attorney Cherof read Proposed Ordinance No. 06-098 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-098. Commissioner McKoy seconded the motion. Vote Deputy City Clerk Pyle called the roll. The motion passed 4-0. D. Resolutions: None E. Other: 1. Closed door Executive Session to discuss pending litigation in the following case: Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to January 2, 2007) XIII. UNFINISHED BUSINESS: A. Continued discussion of Community Redevelopment Agency Board. (Tabled to January 2, 2007) B. Follow-up discussion on site plan for Ocean 95 Industrial Project (This item was discussed following 111. Public Audience) 27 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2006 Commissioner McKoy inquired whether a car would be available for a representative for District IV during the Holiday Parade. Mr. Bressner stated, yes. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 10:25 p.m. CITY OF BOYNTON BEACH ~.,g );r~/i r W .&yor - ry Tayl ~~a~ tif){~ Susan Collins Recording Secretary (120606) ATTEST: -.....---: Commissioner Mack McCray 28