Minutes 02-06-01 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, FEBRUARY 6, 2001, AT 6:30 P.M.
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Bruce Black, Commissioner
Chadie Fisher Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
OPENINGS:
Call to Order - Mayor Gerald Broening
Invocation - Mayor Gerald Broening
Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher
Mayor Broening called the meeting to order at 6:32 p.m. Following the invocation,
Commissioner Fisher led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE RE(~UEST FORM
· GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORTION OF THE AGENDA HAS BEEN COMPLETED.
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
E. Agenda Approval:
1. Additions, Deletions, Corrections
There were no additions, deletions, or corrections to the agenda.
2. Adoption
Commissioner Black moved to approve the Agenda. Commissioner Ferguson seconded the
motion that carried unanimously.
VI.
PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
Herb Suss, Boynton Beach resident, commended Commissioner Black for appropriating
$5,000 for the Library. He believed that the Library was a "crown jewel" of the City and said he
was moved to make fa donation himself. He suggested that the other Commissioners follow
Commissioner Black's lead. He also asked the Commission to put $150,000 back into the
budget for the Library.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Lee Wische, 1302 S.W. 18th Street, Boynton Beach, stated he had originally intended to
run for the City Commission seat, but was withdrawing due to a recent development that would
not allow him to devote the appropriate amount of time to the job. He thanked all that had
supported him and gave his support and endorsement to Commissioner Ferguson for District
David Katz, 742 N.W. 11th Street, Boynton Beach, said he had served as an Alternate on
the Community Relations Board and that Commissioner Ferguson had moved him up to a
Regular member. When he was on the Commission, it was his policy to move alternates up.
He said that Commissioner Fisher had an opportunity to do this at a previous meeting and did
not. He hoped he would do so tonight.
Warren Timrn, 130 N.E. 26th Avenue, Boynton Beach, spoke of his concern about recent
changes in the General Employees Retirement Plan. These were: 1) The investment in equity
securities was changed to include equities with a market capitalization of less than $3 Billion.
This allowed the fund manager to invest 20% in stocks of less than $3 Billion; 2) 15% of the
fund could now be invested in corporations that had been publicly traded for less than a year.
These were IPOs and small companies, and now 35% of the assets in the pension funds could
be allocated to these two categories. He asked the Commission to look at it and see if that was
what they really wanted.
Mr. Timm was also concerned about the Special Fire Taxation District. He asked if they were
subject to the cap for local property taxes established by the State? He asked if they would be
assessed to each property owner regardless of the value of the property? He believed that
such an impact on Iow-income families would be unwise.
Beverly Agee, 832 S.W. 33rd Place, Boynton Beach appeared on behalf of the non-
partisan League of Women Voters of South Palm Beach County. She announced that the
League would be having a Candidate's Forum on March 8, 2001 at 7:00 p.m. in City
Commission Chambers. The election was set for March 13, and the positions that were up for
election were the office of Mayor, and the Commissioners for Districts T and ITI. She hoped
everyone would attend and bring their neighbors.
TII. ADMINISTRATIVE:
A. Appointments to be made:
Appointment
To Be Made
Length of Term
Board Expiration Date
I Weiland
III Ferguson
IV Fisher
Mayor Broening
I Weiland
Advisory Bd. On Children & Youth Alt
Bldg. Board of Adjustment & AppealsAIt
Community Relations Board
Community Relations Board
Employees' Pension Board
Reg
Alt
Reg
1 yr term to 4/01
i yr. term to 4/01Tabled (2)
3 yr. term to 4/01Tabled (2)
i yr. term to 4/01
3 yr. term to 4/01Tabled (2)
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
II Black Library Board Alt
yr. term to 4/01
II Black Nuisance Abatement Board Reg
III Ferguson Nuisance Abatement Board Alt
2 yr. term to 4/02Tabled (2)
i yr. term to 4/01Tabled (2)
Commissioner Fisher moved Hansome Jones up from Alternate to Regular Member of the
Community Relations Board. In response to an earlier comment by David Katz, Commissioner
Fisher stated that he had made a mistake by not doing so earlier and was happy to rectify that
at this meeting. He had previously apologized to Mr. Jones.
All other appointments were tabled.
Motion
Commissioner Black made a motion to approve the appointment of Hansome Jones as a
Regular Member of the Community Relations Board. Commissioner Ferguson seconded the
motion that carried unanimously.
I'V. ANNOUNCEMENTS & PRESENTATZONS:
A. Announcements:
GIS Presentation on February 12, 2001, with CRA, Planning &
Development Board and Chamber of Commerce at 6:30 P.M. in the
Library Program Room
Mayor Broening said that GIS was a new technology that cut across all activities of the City and
would, in the future, provide a wealth of information that would help the City to provide better
services throughout the City. He invited all interested parties to attend.
B. Presentations:
1. Proclamations:
None
Orientation PowerPoint Presentation - Police Department- Police Chief
Marshall Gage
Police Chief Marshall Gage made a PowerPoint Presentation that described the operation of the
Police Department, including Animal Control and Code Compliance, which operate under the
Police Department. Chief Gage spoke of a recent change in the Police Department whereby
uniformed services would have t~vo 11.5-hour shifts per day. He was proud of their
technological enhancements wherein some 80 computers had been put in place in the Police
Department. Every officer coming on board was now issued a laptop computer. They do their
reports in the field and soon those reports would be transmitted to the station over radio waves
at the end of the shift. Each police car had a video camera for traffic and other contacts. Chief
Gage cited major enhancements to the radio system as well. He commented that most of their
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
technology enhancements had been brought about through grants and forfeiture funds and a
minimal amount of budgetary dollars. Chief Gage gave special mention to the Code Compliance
Division who worked very hard and did not get the credit they deserved for the job they were
doing. He invited all interested parties to attend the Citizen's Police Academy and to come by
the Police Department any time. (A copy of the presentation is attached to the original set of
minutes on file in the City Clerk's Office).
V. CONSENT AGENDA:
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:
Agenda Preview Conference of January 11, 2001
Regular City Commission Meeting of January 16, 2001
Bids - Recommend Approval - All expenditures are approved in the 2000-2001
Adopted Budget
Award the "RE-BID FOOD CONCESSIONAIRE FOR THE GREAT AMERICAN
LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL - 2001" BID #023-
2710-01/C]D to San Francisco Puffs & Stuff of Fort Lauderdale, Florida for
the food portion only with an income of $12,500 (I~ROI~OSED
RESOZU1XON NO. ROX-.~O)
Award the "BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT
AMERICAN LOVE AFFAIR (G.A.L.A.) AND THE CULTURAL FESTIVAL 2001"
BID #009-2710-01/C3D to Kiwanis Club of Boynton Beach, Florida for the
beverage portion only with an income of 25% of net beverage
proceeds (t~ROI~OSED RESOLU1XON NO. RO.~-.~)
Extend the "TWO-YEAR BID FOR HYDRAULIC CYLINDERS AND
VALVES/PARTS AND REPAIRS", BID #036-2516-01/KR, for one (1)
additional year to Construction Hydraulics, Inc., of Lake Worth, Florida, at
the hourly shop rate of $35.00 with an estimated annual expenditure of
$35,000
Approve the "SOLE SOURCE" PURCHASE OF CO2 DETECTORS AND
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED) from Medtronic Physio-
Control at a total cost of $56,587
Approve the piggyback of the SCHOOL BOARD OF PALM BEACH COUNTY
RFP #00C-0103 to South Florida Trane Service for the "OVERHAUL OF
CITY HALL CHILLER #2 in the amount of $25,015
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Utilize the STATE OF FLORIDA SNAPS AGREEMENT #2851656 to Rexel
Southern for the PURCHASE OF ELECTRICAL PANELS FOR TEN (10) LIFT
STATIONS in the amount of $13,653.60
Award the "PAINTING OF THE EAST WATER TREATMENT PLANT AND
MISCELLANEOUS PUMP HOUSES AT LI1-FLE LEAGUE PARK'; BID #016-
2821-01/C__]D, to V.I.P. Painting, Inc. of Coral Springs, Florida in the
amount of $37,885 (~oRO~OO$£D R~$OLOI'~ON NO. RO.~-.~2)
Award the "PURCHASE OF ONE (1) NEW AND UNUSED DIESEL
POWERED, AGRICULTURAL TRACTOR'; BID #028-2516-01/KR, to
Everglades Farm Equipment in the amount of $23,087.15
Award "CO-OP ANHYDROUS AMMONIA", BID #026-2821-01/KR, to
Tanner Industries, :Inc., in the amount of $89,264/City Utilities portion
$13,000
10.
Award the "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPLIES", BID #018-1412-01/KR, to various vendors for an annual
estimated expenditure of $30,000
Resolutions:
Proposed Resolution No. R01-13 Re: Appointing the Palm
Beach County Supervisor of Elections to handle and canvas all City
absentee ballots for the March 13, 2001 General Election, and if it
becomes necessary, a Run-Off Election which will be held on March 27,
2001, to represent the Municipal Canvassing Board at all Logic and
Accuracy Tests, and certify election results
Proposed Resolution No, R01-14 Re: Approving Water
Service Agreements with Donald K. Dorial and James W. Keen for a 6.21
acre parcel of land located along the east side of Military Trail on the
north side of the LWDD L-21 canal
Proposed Resolution No. R01-15 Re: Accepting Letter of
Credit No. 10847 from City National Bank in the amount of $38,497.80 as
surety for the water and sewer improvements for the Eckerd's at U.S.
Highway #1 project
Proposed Resolution No. R01-16 Re: Authorizing and
directing the Mayor and City Clerk to execute the sixth (6th) amendment
to the Tower Site Lease and Joint Use Agreement between the City of
Boynton Beach and AT&T Wireless and Palm Beach County
Communications
Proposed Resolution No, R01-17 Re: Ratification
collective bargaining agreement with NCF&O blue-collar workers
of
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Proposed Resolution No. R01-18 Re: Ratification
collective bargaining agreement with NCF&O white-collar workers
of
Proposed Resolution No. R01-19 Re: Selection
consultant to perform Fire Special Assessment Cost Analysis
of
Proposed Resolution No. R01-20 Re: Authorizing the City
Manager to submit application for Design and Construction of Library
Renovation
Commissioner Ferguson removed Agenda Item C(8) from the Agenda for discussion.
Proposed Resolution No. R01-21 Re: Approving the
Consulting Services Agreement between the City of Boynton Beach and
the Boynton Beach Community Redevelopment Agency
10.
Proposed Resolution No. R01-22 Re: Ratifying the action of
the South Central Regional Wastewater Treatment and Disposal Board of
January 18, 2001:
Authorization to renew contract with New Look Lawn Services
dated March 1, 2000 for the sum of $1,400 per month for the
length of the contract in the north area and an additional sum of
$1,000 per month for the length of the contract in the south area.
Contract will be in effect for one year but may be extended for an
additional one-year term.
Approve authorization to expend $15,000 from Repair &
Replacement Fund to purchase Vogelsang Sludge Pump and Gear
Motor.
Approve authorization to expend $11,000 from Repair &
Replacement Fund to install a Vogelsang Rota Cutter in waste line
to centrifuges.
Approve authorization to expend $15,000 from Repair &
Replacement Fund on an emergency basis to replace and upgrade
"A" Plant scrubber system including control, panel upgrade,
resurfacing pads and drain system and reconditioning scrubber
fan and motor drive.
Approve authorization to expend $15,000 to repair 9-20 Dezurik
Plug Valves from Repair and Replacement Fund on an emergency
basis in "A" Plant RAS building.
Approve authorization to expend $3,000 from Repair &
Replacement Fund on an emergency basis to replace "B" Plant
RAS meter.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Approve authoriZation to enter into contract with Arrow Building &
Maintenance, ]:nc. dated March 1, 2001 for the sum of $310.00
per month of janitorial services. Contract will be in effect for one
year but may be extended for an additional one-year term.
11.
Proposed Resolution No. R01-23 Re: Authorizing the Mayor
and City Clerk to execute a Contract for Purchase and Sale of Real
ProperLy between the City of Boynton Beach and Robert R.
Pavese, for the purchase of Lot 7 in Costa Bella Subdivision.
D. Ratification of Planning & Development Board Action:
Riverwalk Plaza Joint Venture - Buffer Wall (1532 S. Federal Highway) -
Request for a variance from City of Boynton Beach Land Development
Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a six
foot high chain linked fence along the south property line in lieu of the
required six foot concrete block wall to separate the Riverwalk Plaza from
the abutting residential district
Commissioner Fisher removed Agenda Item D(1) from the Consent Agenda for discussion.
Accept proposal from BAE Systems ADR for the aerial photography required to
update Utilities service area planimetric base maps for an expenditure not-to-
exceed $21,060
Approve the expenditure of $25,830 from ITS Account #001-1510-513-6415 to
Pomeroy Computer Resources, Inc. for 15 HP Laser,let 4050 printers from State
Contract #250-040-99-1
Gm
Approve the purchase of 47 laptop computers and related equipment from
Southern Computer Supplies in the amount of $124,895.91 for the Police
Department
H. Approve the expenditure of $25,000 to repair a failed sewer line
Establish one regularly scheduled meeting of the Planning & Development Board
on the fourth Tuesday of each month
Commissioner Black removed Consent Item "I" from the Consent Agenda for discussion.
Motion
Commissioner Black made a motion to approve the Consent Agenda as amended.
Commissioner Ferguson seconded the motion that carried unanimously.
7
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Consent Agenda [tem C(8)
Commissioner Ferguson said he believed a decision was due on the plan to move the library
expansion ahead. He believed sooner would be better than later. City Manager Bressner said
that the Commission was considering a Resolution that would authorize the City Manager to
submit an application for a Public Library Construction Grant. This was a program offered
through the State of Florida that provided funds for governments to use for constructing public
libraries. The issue was the timing for the application. The reason that staff asked the
Commission to consider it was the amount of staff work necessary to complete the application.
Tf the Resolution went through, the soonest the dollars would be available would be July 2002.
This would move up the construction project by one year to a year and a half. A 50-50 match
of local funds was required and the City would be expected to have the funds available in a
reasonable amount of time for the construction. Commissioner Ferguson said it was his
understanding that if the application were not completed by April 1, the entire project would be
delayed a year and Mr. Bressner affirmed that this was so. Commissioner Ferguson said he
would like to see the City move ahead on it.
Motion
Commissioner Ferguson made a motion to authorize the City Manager to submit an application
for a Public Library Construction Grant by April 1, 2001. Commissioner Fisher seconded the
motion that was carried unanimously.
Consent Agenda :~tem D(1)
Commissioner Fisher did not have faith in the developer putting up a concrete wall in years to
come if the abutting residential property were to be developed. Mike Rumpf, Planning and
Zoning Director, said Staff's recommendation was based on the fact that staff believed that the
vacant or wetland use of the adjoining property might not be permanent. :It was based on the
fact that the City did not want to be put in a position of having to monitor the situation in the
years to come. Commissioner Fisher asked if the developer had a hardship? Mr. Rumpf said
the developer had a very limited space and a severe grade differential between the two
properties that would make the task of erecting a foundation for a wall difficult.
3oe Lelonek, Land Design South, stated that the property to their south was heavily populated
with mangroves and other wetland species. He also believed it would be likely that at some
point, someone may try to develop the property. However, he said that since the area was a
wetlands area, any use would be subject to review by the court and by South Florida Water
Management. They are directly adjacent to waters of the State and any developer must
mitigate any impact made to those wetlands. The mitigation cost would be prohibitively high.
Tn their opinion it was highly unlikely that it would be developed in the short term, up to twenty
years. They had a narrow strip 2.6 feet wide along the south edge of the property. There was
an existing four-foot high chain link fence that separated their property from the adjacent
property. Tt was planted now with ficus hedge. The City Forester indicated that any kind of
wall being placed along that side would impact the root systems and the grade differential
between their property and the wetlands. The City Forester's recommendation was that they
not have a hard barrier. Their plan was to keep the soft barrier, the chain link fence and a ficus
or, as agreed to, a hedge of native plant material between their property and the
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
residentially zoned property beside it. They had also accepted a condition that if the adjoining
residentially zoned property were to be developed, the City had a right to enforce their building
of the concrete wall. He said their recognition of the condition and acceptance of it was a part
of the record and that the City would have every right to enforce the building of the wall if the
property were to be developed.
Commissioner Fisher asked how wide a wall was being considered? IVlr. Lelonek said the
landscaped area they had was 2.6 feet and the wall would be a precast with columns at least
one foot wide. To make a hole for the footings would probably exceed the 2.6 feet. The
concrete curbing and the root systems of the mangroves would definitely be affected. Mr.
Rumpf stated that the urban horticulturist was Kevin Hallahan and that his recommendation
was taken into consideration, but not as far as the true hardship for the developer.
Vice Mayor Weiland said that considering the developer's promise of record to construct the
concrete wall if the adjacent property were ever to be developed, he would support the
variance.
Motion
Vice Mayor Weiland made a motion to accept the request for variance to allow a six (6) foot
high chain linked fence along the south property line in lieu of the required six (6) foot concrete
block buffer wall to separate the Riverwalk Plaza from the abutting residential district.
Commissioner Ferguson seconded the motion that carried unanimously.
Consent Agenda Ttem ":~"
Vice Mayor Weiland stated that if he approved this it would be under the condition that there
was not enough business to have two meetings a month. He did not want the Board saddled
with having extraordinarily long meetings due to only meeting once a month and having to
cram everything into one meeting. :If the business to come before the Board was on the lighter
side then one meeting would be fine. ~[f staff and the Planning & Development Board or the
Commission deemed there was enough business for two meetings a month, he wanted to see it
go back to two meetings a month.
Commissioner Ferguson commented that this was the fourth unfortunate situation to come up
concerning the Planning & Development Board (P & D). He referred to a vote to oust a
member that had occurred in the recent past that was later rescinded. Then, the P & D Board
were banished to the second floor of the West Wing for their meetings. Recently the CRA took
authority over its planning and development issues in the 16% of the area it covers. He said he
had voted against that. The fourth issue was this one that cut the number of meetings down
due to the work pressures of the Planning & Development Department. He said that the CRA
still only had :[6% of the volume. He thought it would be better for the professionals on the P
& D Board to elect themselves to cancel a meeting in any given month if it did not have
sufficient reason to meet. This would take part of the workload from the Planning &
Development Department.
Commissioner Fisher stated that the City had to adapt and be able to move quickly in order to
stay ahead and compete with its neighboring cities. Tf approved, he would like the issue to be
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
visited again in 90 days to make sure it had not negatively affected developers.
Commissioner Black stated that the P & D Board did a great job but that it was up to the
Commission to set the policy. He thought it should stay at two meetings a month and if there
were not enough business to have the second meeting, staff should call the Chairman of the P
& D Board and advise him that the meeting would be skipped.
Mayor Broening noted that if a special meeting were necessary, it could be called. The question
was, who determined if the special meeting was necessary?
Mr. Quintus Greene, Director of Development, read the pertinent section from the Code that
applied. He quoted from Chapter 1.5 of the Development Code, 3B, where it says:
"The Planning & Development Board shall meet at regular intervals to be determined
by the City Commission and at such other times as the Chairman may determine."
The decision as to subsequent meetings, other than those that have been formally designated
by the City Commission, was open to the Chairman. He added that the primary driving force
behind this request was their need to publish a schedule for the rest of the year. Essentially
there was a 90-day process from the day the applicant came in and went through the TRC and
either the CRA or P & D Board, to the City Commission. City Commission dates are fixed. A
schedule for the CRA and the P & D Board needed to be published so the developers would
know when they could expect to complete the process.
The problem was that the CRA met the second Wednesday of every month. P & D met
currently on the second and fourth Tuesday of every month. At the second Tuesday and the
second Wednesday, they had meetings back to back. The agendas had to be turned around for
P & D in 24 hours in order to get to the City Manager's office so they could get to the Agenda
Preview meeting that Thursday. The crunch had to do with this first meeting of the month.
Staff suggested doing two meetings a month, one for CRA and one for P & D. If a need arose
for an extra meeting, they would be more than happy to schedule it, depending on the number
of cases coming in.
Mayor Broening asked about the ability of staff, P & D, and the Commission to respond to
special circumstances where something came in and needed to be handled right away. He
asked Mr. Greene if that could be handled outside of the regular schedule? Mr. Greene said
they would indicate to the Chairman that a special meeting was recommended, but, according
to the Code, it was the Chairman who would make that decision.
Vice Mayor Weiland mentioned that he knew staff needed to make out its schedule for the year
but so did the P & D Board. Tf things got busy and a special meeting was needed, what would
be the likelihood of getting all the volunteers together on two or three days' notice when they
would be making plans as well? Mr. Greene said if there were a need for a special meeting,
staff would know about it at least a month ahead of time. He referred to the 90 day "pipeline"
and said that the projects that were coming to the City Commission today came into their office
in November and December of 2000.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Commissioner Ferguson asked if it would be possible to keep the P & D Board meetings on the
second and fourth Tuesdays and move the other meeting to the 'third Wednesday? He said that
would give them a week in between the meetings and resolve the 24-hour problem. Mr.
Greene said that the CRA met the second Wednesday of every month and that changing that
would be a CRA decision.
Mayor Broening asked for someone from the P & D Board to speak on the issue.
Robert Ensler, member of the Planning & Development Board, stated that the concern
of the Board had to do with the timing of things. He said an applicant could run into problems
and an issue might have to be tabled until the following month. Tf the board only met once a
month, the applicants could be inconvenienced. The people on the P & D Board did not mind
having a meeting once a month, but from a historical perspective, were concerned about the
effect on the applicants.
Commissioner Fisher said they had a letter from the Senior Advisory Board that they wanted to
go to quarterly meetings instead of monthly meetings. The City Attorney said they could not do
that and that it would be up to the City Commission as well. He commented that the
Commission would have the same question again on another Board.
Motion
Commissioner Black made a motion to approve the establishment of one regularly scheduled
meeting of the Planning and Development Board on the fourth Tuesday of each month.
Commissioner Fisher seconded the motion with an amendment. He amended the motion to
add a review in 90 days with input from staff and the P & D Board to make sure that people
were not getting left out. Commissioner Black accepted Commissioner Fisher's amendment to
the motion. The vote was 4-1, Commissioner Ferguson dissenting.
V:[. CZTY MANAGER'S REPORT:
Purchase of 3.5-acre parcel north of Intracoastal Park
R~$O~OT~ON NO. R0.~-24 )
City Manager, Kurt Bressner, spoke of the consideration of the purchase of 3.5 acres of
property north of Intracoastal Park. The issue before the Commission was whether or not the
Commission would choose to pursue the acquisition of the property. Because a 4/5 vote was
required for the acquisition, the matter would need to be discussed in some detail.
For an historical perspective on the matter, the City Commission had recommended approval for
the purchase of this property in November of 2000. The terms of that purchase were not
satisfactory to the seller and they rejected the City's proposal to pay the $3.5M purchase price
over a five-year period. Also, the seller advised that the City was second in line to purchase the
property since another entity had an option on it that had to be settled first. This was reported
back to the Commission. Tt was his understanding that the option may have expired and that
the City may be in a position to pursue the acquisition of the property. The proposal to acquire
the property was outlined in the draft resolution given to the Commissioners and consisted of
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
the City purchasing the property from the seller for $3.4M payable at closing and subject to a
due diligence period to be exercised by the City.
City Attorney .lim Cherof reviewed the draft resolution as follows. He said it authorized the
preparation of a contract to acquire the property. He outlined the major provisions of the
purchase:
purchase price of $3.4M due on closing
deposit of $25,000 upon execution of agreement
an inspection period of 60 days
seller to absorb the cost of providing marketable title and the
documentary stamps on the special warranty deed
60 days' due diligence to be exercised by the City
the City would incur the cost for the recording of the deed, the title
insurance premium, the survey costs, and any inspection reports
for Phase I or Phase 2 environmental reports necessitated (The Ob/
expects a m/n/mum of a Phase 1 report and there/s some reason to
believe there could be some need for Phase 3 because of activit~ on the
property)
He said that the adoption of the resolution would clear the way for the City to prepare a
contract with these terms and it would authorize the IVlayor and the City Clerk to execute the
contract when it was completed.
Vice Mayor Weiland asked about the City paying the title insurance premium, saying that he
was informed that the seller had to pay the title insurance premium. Attorney Cherof said that
in a commercial transaction that was a point of negotiation. The fee for the title insurance
would cost about $11,000 and the City would absorb that cost. The Seller would pay the
$23,000 for the documentary stamps on the warranty deed.
Commissioner Ferguson said it appeared like a "rush to judgment". In the first place he said
this property was linked, and he thought unnecessarily so, to the Boat Club and Tntracoastal
Parks. He stated that the idea of making a 300 to 400-foot marina out there was absolutely
ludicrous. The major problem he had with this purchase was the cost of the money. ]in looking
at $3.4M, with an average opportunity cost of 6%, one might expect to pay about $200,000 a
year. The City would be giving up $125,000 a year and the property would cost at least
$200,000 a year to maintain, adding up to some $500,000 a year. ]If the City went three years
without doing anything, the City would blow $500,000 a year -another $1.5M-- plus the $3.4M,
and that would come to almost $5M off the tax base, which he would oppose. He suggested
finishing the other projects first. Also, he saw that the City would assume all the liability on the
environmental contamination study and he thought that could be very dangerous also.
Commissioner Ferguson said he would be inclined to buy the property when the City had a use
for it. Commissioner Ferguson said he believed the City would be able to buy that property
three years down the road when it was ready to use it.
Commissioner Fisher said that his issue was that the purchase price was more than the
appraised value. He had a problem spending $3M but he was flexible on it because it could be
paid out over five years. Now they were being asked to pay more than the appraised value and
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
cash up front, for a piece of property for which there was no definitive plan. He believed if the
City came up with an idea of what it wanted to see on that property, a $500,000 incentive could
be offered to build the type of place it wanted there, and it could use the remaining $2.9M that
it apparently had to enhance the CRA area on Federal Highway.
Vice Mayor Weiland said the idea of the purchase had been intensively studied and debated a
few months ago. The consensus of the Commission at that time was that this was a golden
opportunity and they were not going to quibble over a few hundred thousand dollars. ~[n looking
back over the last ten years, the property had been developed in a manner the City did not care
for and it had lost the opportunity to buy it by $200K or $300K. He said he did not feel it was
necessary to have a need for it. He agreed it would come off the tax rolls when they purchased
it and they would have to decide what to do with it; but, it would belong to the City to develop
as it wished. He was, however, concerned about the environmental issues. Was the ground
contaminated from the gas? How much would it cost to find out? Tf there were a problem,
what would the cost be to fix it?
Commissioner Black agreed with Vice Mayor Weiland. He said that staff wanted to be able to
satisfy the developer's demand for larger properties. Commissioner Black said he respected
Commissioner Ferguson's views but believed that as to the maintenance, there would be no
maintenance involved. The City would simply be maintaining what was already there. He said
the City could, if it so desired, bulldoze the building the next day. The property was on the
~[ntracoastal, if the City waited two or three years, even with Zoning in Progress, somebody else
would put something there that might be something that the City did not want. The
Commission and staff had been talking about preserving the Federal Highway Corridor. To let
intracoastal property go for $300K or $400K would not serve the visionary goals of the City.
Staff believed if it had this property that it would be marketable. He agreed with Vice Mayor
Weiland about the environmental problems, but felt that under the 60 days due diligence
clause, that there would be enough time to find out if the environmental issue would be a
problem or not. At that time, the decision could be made to withdraw if it seemed desirable.
He believed that the City's control of the property was crucially important. He did not believe it
had to be tied into exactly what was going on in the ten-acre site. He did believe the acreage
was valuable and that to pass up the opportunity to purchase it would be foolish. He wanted
the Commission to move forward and give the City Attorney and staff the opportunity to check
everything out. Staff had advised that it wanted this piece of property for future plans and he
thought the Commission should give them that opportunity.
Mayor Broening said he hoped the Commission had the foresight and wisdom to look ahead and
consider what happens when you cover 3.5 acres of ground with macadam, an impervious
material. This creates stormwater runoff problems and the environmentalists and others do not
like that. When Mayor Broening and City Manager Bressner were in Tallahassee the day before,
talking to the Department of Environmental Affairs about the acquisition of this properly, they
asked if the City were to acquire the property, what would happen if the :~00 feet x 300 feet
piece of macadam went away and was replaced with something that water could go through?
They said it was a mitigatibie circumstance. That meant that this could be traded--several
acres of asphalt for other areas that the City may want to develop but was unable to develop.
He also asked the Commissioners to think of the :[3.5 acres as a single entity, not as ten acres
with 3.5
13
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
acres alongside of it. One of the problems with the property was that it was so long and
narrow that it was difficult to develop into anything. Mayor Broening expressed belief that the
City having control over this property was important at this point in the City's redevelopment
process. ;It was not necessary to have a rectangular park. There could be a park that netted
out to ten acres and inside of that there could be a spot where the City could have suggestions
made for what to do with the 3.5 acres. Having a piece of property with attached water access
would allow the City to dictate what went in there to a much greater extent than it could now.
He referred to a northern link that would provide the City with a desperately needed attraction.
The downtown marina would be one and there would be ways to link them so that Boynton
Beach became a "destination". The downtown marina will not provide enough to become a
destination. Linking the areas together with water taxis and jitneys, like other Cities had done,
would be an incredible way to enhance the tax base over time and do what the City wanted to
do. On the ten acres currently owned by the City, the public did not have access to the water
except to view it. Full public access to the water would be guaranteed if the City owned the
DCA-permitted docks on the proposed property. Tf everyone would consider what could be on
this property and look at other Cities who had the courage to jump out front and do something,
there would be a marvelous opportunity for the City in the purchase of this property, ft would
be another element in the "chain of pearls" the City was developing, ff the property were not
purchased, Mayor Broening believed it would be a
were real and they could even have to go to a Phase
of protection. He strongly urged the Commissioners
and to reconsider and move ahead with the project.
opportunity again. As to the appraisal differential,
were for $4M.
great mistake. The environmental issues
2, but the due diligence gave the City a lot
not to be overly conservative on this issue
He did not believe the City would get the
he said there were some appraisals that
City Manager Bressner said that this issue fell into the category of"hard truths, tough choices",
particularly for a community that did not have a tremendous amount of working capital. Tt was
important for the City to look at things in the long term and come up with some ideas that
would be of benefit to the community. He believed this idea was one that did that. He echoed
the Mayor's comments as to the long-term viability of the proposed property as it related to the
property that the City already owned there. He gave the existing plan for Zntracoastal Park a
"B" or possibly "B-minus" grade, primarily because there was no direct water access on the ten-
acre parcel. The 3.5 acres literally, and figuratively, provided a bridge to the water. The
dockage that existed on the 3.5 acres provided a means of public access to the water that
would never be possible with the Tntracoastal Park property alone. That was an important
element that must not be forgotten. A lot more could be done by putting the two properties
together than by developing Tntracoastal Park alone. Mr. Bressner showed the Commissioners
a visual representation of the Tntracoastal Park. He recommended that the Commission
seriously consider the opportunity to acquire the 3.5-acre parcel adjacent to the ten-acre parcel.
He thought it was important to the long-term open space needs of the community and asked
that it be supported. He realized that he was asking the Commissioners to "stick their necks
out". He reminded the Commissioners that only one of them could say no if the project were to
be approved.
Vice Mayor Weiland commented that about ten years ago, the voters approved the ten acres as
a park. He did not have a problem approving the purchase tonight with the exception that he
did not want to see the two properties combined into a mixed-use project further down the
14
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
road, canceling out the park aspect that the voters had asked for when they voted to purchase
the land originally.
Commissioner Black said he agreed with Vice Mayor Weiland and the Mayor in that it was the
long-range vision that was important. He pointed to the Marina Project, saying that at one
point the City had the opportunity to purchase that and could have done what it wanted to in a
timely fashion. They could have acquired more property. Now they were dealing with a drug
store chain possibility on the corner and who knew if this was going to be the year of the
marina for the City? The Commission at that time did not have the vision to take a chance and
make the marina the project everyone wanted it to be. :It was left up to someone else and look
where it got the City. He said the City now had a chance to make something happen. He
agreed with Vice Mayor Weiland on the continued need for a park. He said he would love to go
in the water. To say no and see something go there that the City did not want in years to come
would be tragic for the residents of Boynton Beach. He urged all the Commissioners to have
the vision to look forward, step out, and not just go with what seemed to be the safe thing to
do. Let's control what happens on our Federal Highway Corridor.
Commissioner Fisher commented on the statements that the City would not have any control
over what went into that property unless it owned it. He said his understanding was that one
of the reasons a Comprehensive Plan was being done for Federal Highway was to dictate such
things as how many drugstores, how many gas stations, and so forth. He said the City did have
the ability to control such things when and if it approved the Comprehensive Plan to say what
should go there. The problem with being a visionary was that sometimes visionaries went
bankrupt. He was all for looking towards the future and the big picture; however, at this stage,
was this the best use of the money available at this time?
Motion
Commissioner Black made a motion to approve resolution R01-24 for the purchase price of
$3.4M with the information given to the Commission by the City Attorney. Vice Mayor Weiland
seconded the motion. The motion failed with Commissioners Fisher and Ferguson dissenting.
AT 7:55 P.M. A TEN MTNUTE RECESS WAS DECLARED.
AT 8:10 P.M. THE MEETTNG WAS RECONVENED.
B. Name Pond "B" Contest
Wayne Segal, Public Affairs Director, said that the City's newest recreation area was nearing
completion and needed a name. The City was having a "Name Pond B Contest" that was open
to all residents of the City and the schools as a class project. The rules were to choose a name
based on a noteworthy citizen of Boynton Beach, alive or deceased; with reference to an
historical event or to local plants and animals, and justify the name in 50 words or less. The
winner will be announced during GALA weekend March 16 through 18th. The contest runs
through March 6. The prize is a catered picnic for the winner and nine of his or her friends or
the entire class. Typed or printed entries can be sent to the Name Pond B Contest, P. O. Box
310, Boynton Beach. Tf anyone had questions, he asked that they call him in the City
Manager's office.
15
Meeting Minutes
Regular City Commission
Boynton Beach. Florida
February 6, 2001
VII. PUBL'rC HEARING:
Project:
Agent:
Owner:
Location:
Description:
Sonny's Bar-B-Q
Colleen Carey with Interplan
]ames F. Moore, Ir. with Wal-Mart Realty Co.
Southwest corner of Old Boynton Road and Winchester
Park Boulevard
Request for conditional use/site plan approval to construct
a 6,103 square foot restaurant with 204 seats and an
ancillary drive-through window on a 1.91 acre outparcel of
the Wal-Mart SuperCenter site
There were no comments or questions from the Commission or the public.
Motion
Commissioner Black made a motion to approve the request. Commissioner Fisher seconded the
motion that carried unanimously.
VIII, FUTURE AGENDA ITEMS:
GIS Presentation on February 12, 2001 with CRA, Planning & Development Board
and Chamber of Commerce
Develop Priorities for Funding Improvements and Addressing Swales and
Stormwater Cachement Systems (February 20, 2001)
C. Sidewalk Cafe Ordinance (February 20, 2001)
Presentation by Public Works regarding procedures for handling storm related
debris removal - ]eft Livergood, Public Works Director (March 6, 2001)
E. Revocation of Orbit's Conditional Use Approval (February 20, 2001)
Traffic Management/Calming Program Implementation by ]eft Livergood, Public
Works Director (February 20, 2001)
G. Future Annexation Areas (April 2001)
H. Construction of Pavilion at Hester Recreation Center (February 20, 2001)
I. Final design plan for Intracoastal Park by Resolution (Feb or March 2001)
DEVELOPMENT PLANS:
None.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
X. NEW BUS:ZNESS:
Schedule Special City Commission meeting to approve the nominations and
Election Proclamation for the General Election
Mayor Broening said this would be addressed at the Agenda Preview Conference on February
15.
Motion
Commissioner Ferguson moved to approve handling this item at the Agenda Conference on
February 15. Commissioner Black seconded the motion. The motion carried unanimously.
Approve American Heart Association's Special Event application request to
conduct the American Heart Walk on February 24, 2001 at Quantum Corporate
Park Trail and Motorola property
Motion
Vice Mayor Weiland moved to approve the request. Commissioner Ferguson seconded the
motion that carried unanimously.
C. Consideration of Resolution calling for Cooperative School Tssues Planning Work
by Boynton Beach, Delray Beach, COBWRA and other parties (Proposed Resolut±on
01-25)
Commissioner Fisher offered the opportunity, if needed, for a representative from the Education
Advisory Board (FAB) to speak. He stated his intention in drafting this resolution was to
endorse the EAB to continue doing their fact-finding about putting together a multi-city group
so when issues came up to the Palm Beach County School Board, their voice would be
amplified. He said the various areas shared a lot of the same issues. Commissioner Fisher had
updated the wording of the draft resolution. He had taken out any reference to any other city
so it would allow the EAB to be included in the resolution as being part of the investigation and
also, it would allow them to begin negotiating with the other cities to see if they wanted to get
together or not. They would determine such things as whether COBWRA would fit in or not
and similar issues.
Mayor Broening noted that the EAB did send a message to the Commission to table the issue
and asked if that were still true?
Diana Tedtmann, Chairperson of the Education Advisory Board, responded that the
request to table the draft resolution was based on the wording of the original resolution. Tn
looking at the updated resolution, Ms. Tedtmann stated that they had not met with the City of
Delray Beach yet to discuss how the two cities might work together. They had not yet been
effective in sharing members between the Boynton Beach EAB and the COBWRA EAB. She
thought there may be a need for this resolution at some time in the future but the Board
believed it was premature because no groundwork had been laid for it.
17
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Motion
Commissioner Black made a motion to table the issue pending the recommendation to the
Commission of the Education Advisory Board at a later date. Mayor Broening passed the gavel
to second the motion. The motion failed, with Commissioners Fisher and Ferguson dissenting.
Motion
Commissioner Ferguson moved to approve the revised, updated final version of the resolution
the Commissioners were reviewing at this meeting. Commissioner Fisher seconded the motion.
Commissioner Fisher wanted discussion for future reference. He said he knew that the Boards
did fact finding all the time. The only reason the flag came up on this was that it became
intergovernmental and he wanted to make sure that the EAB had the endorsement of the City
Commission to proceed exactly as they were doing. Tt did not tell them what to do or how to
do it. Tt said it was all right for them to talk with other cities. IVlayor Broening said he believed
that the Boards were already talking to each other and did so all the time as a matter of course.
The motion carried 4-1, with Commissioner Black dissenting.
D. Discussion of Greenways Proposals
Vice iVlayor Weiland said that back in 1999 the Commission directed staff to form a committee
to look into Greenways. Tn the past two years nothing had really happened with Greenways.
He asked the Commission to consider directing staff to form a committee, not just of volunteers
with limited time resources to work on it, but actual staff who could devote some time to this as
far as gathering information. He said there was some land available in Boynton Beach and that
the committee could begin looking for grants to help fund some Greenways projects in the
future. He realized purchasing land would not happen overnight but that if the Commission did
not move forward in a proactive way, it would never really happen.
Commissioner Fisher said he did not question the need for work on the Greenways project but
thought that it had originally been given a Iow ranking in the priority-setting session. :If the
Commission asked staff to start working on this, a high priority project would have to be
delayed. He asked if the Commission were willing to call on staff from other areas or invest in
more staff so they could keep the focus on the high priority projects that this Commission
wanted?
Commissioner Black said he did not think that would happen. He did not think Vice Mayor
Weiland meant for staff to devote a lot of time to the project. When a new project came in, the
Commission would be asking staff to consider the possibility of creating green space. He
wanted them to consider Greenways on development issues. He said it should not always be
"take the money" and that the City did need some green space. He said that by taking the
long-range view, there would be times when a developer appeared before them and the City
could say, in that area of the City we need green space, so we'll take the green space over the
dollars.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Vice Mayor Weiland agreed with Commissioner Black's interpretation of the issue. He said other
things did not have to be put off to take care of this. He said the City had to start somewhere
and that there was a lot of money out there that could be used for Greenways. He said it had
to be searched out and applied for. To his knowledge, Tampa had to be one of the role models
for Greenways. He said what they had done over there was incredible. They were dedicated to
linking properties together along highways and railroads and through parks and they came up
with a lot of money from the State of Florida and DOT to accomplish that.
Commissioner Ferguson asked if it might make sense to put an inventory together and do a
priority ranking?
Mayor Broening said that this had already been done. He stated that on their visit to
Tallahassee the day before, he and City Manager Bressner had spoken to the director of
Greenways and Trails and though they did not take the information on specific areas, they said
they were generically along railroad tracks, canals and highways. They also indicated that the
City was virtually built out and to have a connection of greenways that would run the length
and breadth of the City would be difficult to do. They were not taken aback by that since that
was the case in many communities. The City had already aggressively used the rights of way
along canals and, according to John Wildner, the Water Management District had been very
liberal and helpful in allowing linear parks. They were also told that it was a State priority to
have some linkage with the new State Park that was going in west of Delray. They urged the
City to have interlocal agreements with the County, Delray Beach, and others, to try to link up
with the State Park. He agreed with Vice Mayor Weiland that this should be done and that the
City should pursue getting those grants and doing what it could on the interlocals. He would be
satisfied with that.
Vice Mayor Weiland said it did not have to be a committee. He was looking for a helping hand.
The people who were working on it now both had full-time jobs elsewhere and their time was
very limited. He wanted a helping hand from staff just to get the ball rolling.
IVlayor Broening agreed with Commissioner Fisher that the priorities that had been established
for the City's 55 initiatives should not be superseded. However, he thought the Commission
could indicate by consensus that Greenways was an item of interest to it.
Commissioner Fisher wanted to be sure that no high priority projects would be delayed by this
issue. He assumed staff would dedicate itself to the high priority projects, sandwiching this
issue in as time was available.
Vice Mayor Weiland asked City Manager Bressner what he thought about it? City Manager
Bressner said they were putting together teams for a number of the 55 initiative projects. He
said they could probably work in the Greenways under the objective 6.7(a) and provide a status
report as part of that overall item. He did not know the exact time but he said it would be
added to the work agenda through this item. He said they had gotten some good ideas in
Tallahassee yesterday and that there was money available.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Vice Mayor Weiland said he was looking for someone to look into the funding, to find out what
would have to be done, to find out where the City would have to go to find the money, and
what the timelines were for submitting grant applications. He thought one person could find
out that information. Tf the timeframes were not known, money could slip away.
Commissioner Fisher asked if the lobbyist could do some of that work for the City? Vice Mayor
Weiland said that had been one of his priorities for the lobbyist to look into. Mayor Broening
said that this was one of the reasons they went to see the Greenways and Trails group in
Tallahassee. Actually, the lobbyist put together the meeting for them, at their request, to let
them know what was available. City Manager Bressner said they had been given some
information and he would be getting more by e-mail later this week or early the following week
as to timelines.
Mayor Broening said the meeting had been very interesting and that they learned that not too
many municipal people went to see them. Most other municipalities relied almost completely on
their lobbyists. They really appreciated having local municipal input.
City Manager Bressner said he thought they could add Greenways to the docket on the above-
mentioned objective and report back to the Commission at a future Commission meeting. Mr.
Bressner stated that if money were available for grants, it would somewhat dictate the timing of
bringing the issue to the Commission, as in the Library grant application earlier on the agenda.
Zf a deadline loomed for Greenways, this would move it to the top of the pack within the
context of this particular objective.
The Commission agreed with this approach.
E. Discussion of Dog Park Proposal
Commissioner Black asked the Commission to approve a funding mechanism and a location for
a Dog Park on a temporary site in the City of Boynton Beach. The location he proposed was on
Congress Avenue in the park across from Caloosa Park. He chose this location for several
reasons: 1) it was accessible without having to drive through a neighborhood to get to it; 2) it
already had a parking lot; 3) water could be brought to it easily; 4) there were bathroom
facilities, and 5) there were no residential neighborhoods nearby.
The only thing that would have to be done would be to erect a four-foot high chain link fence in
a rectangle, divided in two. One side would be for the large dogs, and one for the small dogs.
Commissioner Black said he had gone to Lake Ida Dog Park many times and there had never
been a dogfight, probably because the dogs were very excited to have so many other dogs to
play with. There were 70-year old residents and kids with their dogs playing Frisbees. He said
there were over 1700 signatures on a Petition from people who really wanted to have a Dog
Park. He said that the Commission had approved $100K plus for the tennis center upgrade
when close to 70% of the pass-holders there were not City residents. He said they could do
the whole park with chain link fence and irrigation for in the neighborhood of $25,000. He said
there were several hundred thousand dollars in the Recreation and Park Dedication Fund just
sitting there, waiting for a major park to come about and that the fund would grow even more
as more development came in. If the Master Plan called for something else at this site, the
fence could be taken down at that time. This would be an opportunity to
2O
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
Februaw 6,2001
give the residents what they want. He said that everyone followed their pet with a plastic bag
and that there was very little debris left on the ground at the close of the day and no odor. He
said there would be signs indicating that it was the dog owner's responsibility to pick up after
his pet(s) and there were receptacles for the debris. Commissioner Black wanted the City to
move forward on it. There were dollars sitting in a fund lying idle, the land was idle, it was
affordable, and the community wanted it.
Vice Mayor Weiland asked what kind of staff time and money would be involved to maintain the
park? Commissioner Black said that the park could be closed down on a certain day between
1:00 p.m. and 3:00 p.m., for example, for maintenance. There would not have to be a staff
person on duty there. It would not require it. The grass would have to be cut and the area
would have to be sprayed for fleas. He thought it might even be possible that the dog-owners
themselves might sign up for mowing the area and doing the spraying.
Commissioner Fisher asked how long since the petition had been done? Commissioner Black
said the signatures had been gathered over the past couple of months. He also asked how
many were from the City? This was not really known, but Commissioner Black said he did not
think that had to be verified. There would be people from outside the City that would use the
park but he referred again to the 70% of the permit holders at the tennis center that lived
outside the City.
Commissioner Fisher mentioned a philosophical difference in the way the funding would be
accomplished, citing a vacant parcel in front of Nautica where he lived. At the homeowner's
meeting he brought that up and asked if they would be interested in helping to pay to upgrade
the vacant property and they said they would be willing to discuss that with the City. There
were two other homeowner's associations that would also share that park. Homeowner's
associations do have money. He did not mind asking them for a donation and allowing the
homeowners to design it as their own community park. He said he could see bringing the
communities together, saying we have this parcel, we have no money, we would like to see "X"
there, and would you help us pay for it? He knew that not everyone would be pleased no
matter where the Dog Park would be situated. He had reservations about doing it without
discussing it with the adjoining neighborhoods.
Commissioner Black said he had talked to Mr. Wildner about using the City's vacant parkland.
He said Nautica had come up but he selected Congress Avenue Park because of the existing
amenities that would make it more affordable. The only residents remotely close would be
thousands of yards away, Hunter's Run. He anticipated a negative response from the
community but he did not believe it was in their neighborhood and said they would not even
know the Dog Park was there. To choose a site where restroom facilities and parking had to be
constructed would probably preclude the project entirely.
Commissioner Ferguson asked Commissioner Black if he had considered any other locations?
Commissioner Black said he had considered some other location and there were some. He
thought if the Dog Park got started, maybe there could be a series of fund-raisers and long-
range planning and community input, but that would take millions of dollars. A piece of
property on 23rd behind the FPL station was donated to the City that would be ideal, but a road
would have to built and a bridge Would have to be redone. He did not want a permanent
facility but a temporary use to appease the people in Boynton Beach who had pets and wanted
2!
Meeting Minutes
Regular City Commission
Boynton Beach. Florida
February 6.2001
to do this until a referendum could be arranged.
Commissioner Ferguson said there was a long, useless piece of property at the entrance to the
golf course that was 500' long by 40' wide and there was plenty of parking out there too. Could
that be used as a Dog Park? Commissioner Black said that it would probably not be usable due
to the size. He said that according to existing Dog Parks in the County, they needed to be
larger than that to allow the dogs to run, approximately 300' by 275'.
Mayor Broening said it would be a way to provide another Iow-cost amenity that was currently
lacking in the City. He had a question on the operation and the maintenance of it and asked
.lohn Wildner, Parks Director, to give him an estimate of the annual maintenance of the Dog
Park? Mr. Wildner stated that the cost would be in the neighborhood of $10K a year. He said it
could be maintained but that since the size of the maintenance crew was not going to be
increased, it would mean cutting down somewhere else. He did believe the project could be
handled with the existing budget and manpower.
Commissioner Black said that the Dog Park proponents were quite a passionate bunch and that
he believed they would sign up to cut the grass themselves.
Commissioner Fisher asked City Manager Bressner if the team he was building to handle the 55
initiatives could address this issue? Mr. Bressner said this had a little more specificity already
assigned to it because some staff work had gone on and it was a bit more defined than the
Greenways issue. The team could look at it, but it would have to come back to the Commission
for approval because it was not a budgeted item. Tt would require Commission approval to
allocate funds for a specific purpose out of the Park and Recreation Dedication Fund.
Vice Mayor Weiland asked if this would be something for which a person could use the
Commissioners discretionary dollars? City Manager Bressner replied that it could. He said the
policy spoke specifically about improving public properties and this would fall under that.
Commissioner Black asked if taking the money out of the Park and Recreation Dedication Fund
was all right to do? He said there would be about 1200 linear feet of four foot high chain link
fence. Martin County Fence said they could install fence for $10.00 a linear foot or $12,000 for
this job. Extending the irrigation several yards would be approximately $3K to $5K. The
benches could possibly be donated. ~[t would not be something that was initially going to be
$20K that came back at $60K. He wanted consensus from the Commission that it would be all
right to take the money from the Park and Recreation Dedication Fund. Staff would have to
come back with an exact cost, but his figures were estimates. He said it would be fine if the
Commissioners wanted to supplement with their discretionary dollars also.
City Manager Bressner said that with all due respect to Commissioner Black, there might be
another site besides the one he favored. He felt there needed to be some additional staff work
to look at some alternative sites. He did not mean to delay it, but he wanted to make sure that
the best possible location was selected and he did feel there needed to be some public input
relative to the project. He also believed more information was needed before a decision could
be made.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6,.2001
Vice Mayor Weiland commended Commissioner Black for a good idea and thought it was a great
location but if staff wanted to take a few more weeks to see if there might be an even better
location, he would be in favor of it. As to the proposed property, he did not believe it would
affect any surrounding neighborhoods. Tt was far enough away frOm Golfview Harbor and
Hunter's Run, the two closest neighborhoods besides the one that lies behind the assisted living
facility by the tennis courts, but it was quite far from that as well. Since there was parking
there, it would probably be the cheapest way to go.
Mayor Broening agreed, saying he liked the concept and the dollar amount did not scare him
away. He believed it would be a very affordable solution for a needed amenity. He would like
to see staff come back with a recommendation on the location and the funding source. Tt did
not necessarily have to come out of that particular fund. Maybe there would be another source
that would be better. City Manager Bressner said the necessary investigation could be done
and a response brought to the Commission in three weeks.
Commissioner Ferguson asked if the topic should be tabled? Before this happened, Vice Mayor
Weiland said he wanted to earmark $5,000 of his Commissioner's discretionary funds for this
project. Mayor Broening thought it was a good idea and offered some of his funds as well.
Commissioner Fisher said he thought having the Dog Park in the City was a good idea. The
only issue he had was that he believed it would be necessary to talk to the neighborhood(s)
about it first. He said the Commission would take a reasonable view and weigh whether the
resident's concerns were justifiable or not, but the neighborhoods had to have the opportunity
to voice an opinion on something happening in their neighborhood. He also said that one of his
priorities this year was to start taking care of the parks. He wanted to table it for three weeks
to give staff time to research possible other locations.
The Commissioners did not formally table the item, but had informal consensus on the idea of
allowing staff to investigate further and come back to the Commission in three weeks.
F. Community Investment Fund Use - Civic Center Clock
Commissioner Black spoke of his great interest in clocks. He believed they brought a sense of
community and could become a focal point for the City. He requested participation by the
other Commission members to purchase a weatherproof clock to be placed in front of the
Children's Museum for a total cost including installation of $21,935 and a potential adder of
$7,375 for a chiming, striking mechanism which could also play 100 selections of seasonal
music. The thought was to have the chiming mechanism in the tower of the 1913 Schoolhouse
IVluseum and have it strike on the hour. Commissioner Black asked for $5,475 from each
Commissioner to make the purchase. Commissioner Ferguson committed to $3,000.
Commissioner Fisher liked the idea but he only had $2,000 left but he offered it to him. Mayor
Broening donated $5,475. Commissioner Black said he would put in the rest and thanked his
fellow Commissioners very much for the donation.
Xl'. LEGAL:
A. Ordinances - 2nd Reading - PUBLTC HEARTNG
23
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
Proposed Ordinance No. 01-09 Re: Amending the City
Code of Ordinances, Chapter 2, "Zoning'; Section 11.2, "Conditional
Uses" creating Paragraph 13, to provide that applications for nightclubs,
bars, and other similar establishments shall include acoustic sound
analysis to demonstrate that sound shall not escape establishments
Attorney Cherof read Proposed Ordinance No. 01-09 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 01-09. Commissioner Ferguson
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
Proposed Ordinance No. O1-10 Re: Amending Chapter 2.
Zoning, Section 11.H to require that minimum parking requirements for
one-bedroom and efficiency units be changed from 2 spaces for the first
10 units to 1.5 spaces, and that Chapter 2.5 Planned Unit Development,
Section 9.C be amended to reference the parking requirements within
Chapter 2, Zoning, Section 11.H
Attorney Cherof read Proposed Ordinance No. 01-10 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 01-10. Commissioner Ferguson
seconded the motion. City Clerk Sue Kruse polled the vote that carried unanimously.
B. Ordinances - 1~t Reading
Proposed Ordinance No. 01-11 Re: Amending
Ordinance No. 01-03 regarding the 14.18 acre parcel, located on the west
side of SW 8th Street, approximately 1/8 mile north of Woolbright Road;
Amending Ordinance 89-38 by amending the Future Land Use Element of
the Comprehensive Plan by adopting the proper land use from Local
Retail Commercial (LCR) to High Density Residential (HDR)
Attorney Cherof read Proposed Ordinance No. 01-11 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-11. Commissioner
Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
24
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
XII.
None.
XIII.
C. Resolutions:
None
D. Other:
None
UNFINISHED BUSINESS:
OTHER:
A. Informational Items by members of the City Commission
Vice Mayor Weiland asked staff for a report at the next meeting on the status of the GIS fire
hydrant audit.
Commissioner Fisher announced that he would have to miss the first meeting in March as he
would be representing the City at Palm Beach Days in Tallahassee on that day.
XIV, AD3OURNMENT:
There being no further business to come before the Commission, the meeting properly
adjourned at 9:10 p.m.
25
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 6, 2001
ATTEST:
Commissioner
Cie Clerk
Recording Secretary
(three tapes)
Commissioner ~.-
26
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sonny's Bar-B-Q
APPLICANT'S AGENT: Colleen Carey of Interplan
APPLICANT'S ADDRESS: 2001 SE 10th Street, Bentonville AR, 72712-6489
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 06, 2001
TYPE OF RELIEF SOUGHT: To construct a drive-thru restaurant.
LOCATION OF PROPERTY: Outparcel in the Wal-Mart Shopping Center to be located South of the
Steak and Shake at the southwest corner of Old Boynton Road and
Winchester Park Blvd.
SEE EXHIBIT "B" ATTACHED HERETO.
DRAWING(S):
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
x HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
x GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance
and conditions of this order..~ 4'
7. Other = ~
DATED:
J:~SHRDATA~Planning~SHARED~WP~PROJECTS~Sonny's ~r-B-Q (COUS)~Sonn~s Bar B-Q.Dev. Order.doc
EXHIBIT "C"
Conditions of Approval
Project name: Sonny's Bar-B-Q
File number: COUS 00-007
Reference: Conditional Use/Site Plan, File # COUS 00-007 with a December 19, 2000 Plannin~ and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Provide a signed agreement between Steak & Shake and Sonny's Bar-B-Q
agreeing to the opening of the vehicular accessway between the two sites. If
an agreement cannot be reached, the location of the dumpster pad will be
subject to further review, x
UTILITIES
Comments: NONE x
FIRE
Comments:
2. Prior to construction, a fire hydrant flow test is required - LDR 6-16. x
POLICE
Comments: NONE x
ENGINEERING DIVISION
Comments:
3. On the Lighting Plan add a note that the fixtures shall be controlled by
photoelectric switch and to remain on until 2 a.m. [LDR chapter 23, Article
II]. Also add a note that the lighting design shall provide a minimum
average of one-foot candle at ground level, x
BUILDING DIVISION
Comments:
4. If required, at time ofpermi~ review, provide a completed and executed City
unity of title form. The form shall describe all lots, parcels of tracts
combined as one lot. A copy of the recorded deed with legal descriptions of
x
each property that is being unified is required to be submitted to process the
form. The property owner that is identified on each deed shall match.
5. At time of permit review, submit a copy of the recorded resolution that x
verifies the abandonment of the 30 foot wide right-of-way or easement.
6. To properly determined the impact fees that will be accessed for the one-
Conditions of Approval 2na Review Comments Sonny's Bar-B-Q
01/25/01
2
DEPARTMENTS INCLUDE REJECT
story building, the applicant shall provide the following information to the
Palm Beach County Impact Fee Coordinator at 100 Australian Avenue,
West Palm Beach, FI. 33406. Submit a notarized affidavit on the letterhead
of the property owner, company or association. The letter will list and must
contain an answer to the following questions.
a) Will there be any additional deliveries to the site?
b) Will there be any additional employees to maintain and provide
service to the site.
Please have the applicant provide the City with a copy of the letter that will
be sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the county send to City a copy of
their determination of what impact fees are required for the building, x
7. At time of permit review, submit signed and sealed working drawings of the
proposed construction, x
PARKS AND RECREATION
Comments: NONE x
FORESTER/ENVIRONMENTALIST
Comments: NONE x
PLANNING AND ZONING
Comments:
8. Indicate the Land Use designation of the property under "Site Data". x
9. Identify the loading area on the site plan. Loading area will be a minimum
of 12 feet wide by 35 feet long. If placed on parking spaces, signage will
specify the hours that this space is reserved for loading purposes. The
loading area may be used for regular parking at all other times. (LDR x
Chapter 2, Section 11.J.)
10. Applicant must submit a "waiver of platting" request, x
11. Entrance drive is measured at 35 feet at the property line. This is greater
than the 32 feet permitted by Code. Approval of the Director of
Development is required or reduce width to 32 feet or less. (Ch. 23, Art. II,
12. Provide a standard parking space detail showing all dimensions in
accordance with City Drawing No. B-90012. x
13. Show on plans and identify accordingly, all landscaping including
shrubs/hedge on the subject property, which has been installed in
conjunction with the Wal-Mart site plan. This landscaping shall be
maintained, x
14. Change note on plant list (for Crepe Myrtle) to show minimum height of 12
Conditions of Approval 2~a Review Comments Sonny's Bar-B-Q
01/25/01
3
DEPARTMENTS INCLUDE REJECT
feet at time of planting per city code. x
15. All required trees must be 12 feet high and have a three- (3) inch caliper at
time of planting. Revise all landscaping notes accordingly, x
16. Windows shall change to storm-proof windows without muntins which will
reduce residential appearance and therefore further improve compatibility of
project with adjacent commercial structures, x
17. To maximize building compatibility, project approval shall include the
stucco facade material as shown on page "PA3" of those plans date stamped
December 19, 2000. x
18. Provide cross-access agreement between Steak & Shake and subject
property as intended by ingress - egress easement shown on the survey x
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: Subject to staff comments, x
ADDITIONAL CITY COMMISSION CONDITIONS
To, ~c ~ ........... /l~m'~'
MWR/arw
\\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Sonny's Bar-B-Q (COUS)\Cond. of approval - 1-24-01 - Sonny's Bar-B-Q (COUS)2nd REVIEW COMMENTS .doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Riverwalk Plaza
APPLICANT'S AGENT: Robert Bentz, Land Design South
AGENT'S ADDRESS: 1280 N Congress Avenue #215 West Palm Beach, Florida 33409
DATE OF CITY COMMISSION RATIFICATION: February 6, 2001
TYPE OF RELIEF SOUGHT: Zoning Code Variance (south buffer wall)
LOCATION OF PROPERTY: 1606 S. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
x HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
x GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:~Planning~SHA D ~PROJECTS~Rive~alk Plaza JointVenture~DEVELOPMENT ORDER
EXHIBIT "D"
Conditions of Approval
Project name: Riverwalk Plaza Joint Venture
File number: ZNCV 00-021 (south buffer wall)
Reference: Zoning Code Variance application dated December 13, 2001.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
1. Wall to be designed and constructed to minimize damage to the adjacent
wetland. X
^DDITIONAL PL^I~,m,IG aND DEWLOPMENT 130~I) CONr)ITIONS I I
Conditions of Approval
2
Riverwalk Plaza Joint Venture
~1/24/01
DEPARTMENTS INCLUDE REJECT
2. Replacement of the existing ficus hedge with a compatible native species,
maintain hedge at six (6) feet and a six (6) foot buffer wall to be constructed
when residential development occurs on the adjacent property. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. t.
MWR/blw
j:\SHRDATA\PLANNING\SHARED\WP\FORMS~BLANKS FORMS FOLDER\COND. OF APPROVAL.DOC
REQUESTED STAFF ACTION FROM
CITY COMMISSION MEETING OF FEBRUARY 6,.2001
RESPONSIBLE
AGENDA ITEM DESCRIPTION OF ACTION DEPARTMENT
V-C.11 RESOLUTION Resolution authorizing execution to purchase Lot 7 in Costa Bella Legal
Subdivision from Robert R. Pavese (original contract not received)
V-I P&D Board Scheduled Meetings Ordinance to change meeting schedule to fourth Tuesday of month Legal
V-I Senior Advisory Board Scheduled Ordinance to change meeting schedule to quarterly Legal
Meetings
X-C Resolution for Cooperative School Issues Original Resolution to be signed Legal
Planning Work
X-D Greenways Report requested giving time frame, costs, and inventory of Assistant City Manager
properties
XIII OTHER Report requested in GIS fire hydrant audit next week Fire
1
j:lshrdata\cclwplgeneral infolstaff action from cc mtg 110800.doc
02/07/2001 9:05 AM
jmp