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Minutes 06-15-99 MZNUTES OF THE REGULAR CZTY COMMZSSZON MEETING HELD ZN COMMTSSZON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLOI~DA ON TUESDAY, JUNE 1S, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk Mayor Broening called the meeting to order at 6:35 p.m. Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections OPENTNGS: A. Call to Order - IVlayor Gerald Broening B. Invocation - Reverend Bob Hahn - First United Methodist Church C. Pledge of Allegiance to the Flag led by Mayor Gerald Broening Following the invocation, he led the Vice Mayor Tillman requested that Ttems TV-C.! and IV-C.3 be removed from the Consent Agenda for discussion. He also requested the addition of Item II-C, "Mayor Pro Tem". Attorney Cherof requested the addition of Items XT-D.:~, "Request for shade session to discuss the City of Boynton Beach v. Culver lawsuit and ]:tem XI-D.2, "Request for closed-door session on Labor negotiations with the PBA and the FOP". 2. Adoption Vice Mayor Tillman moved to approve the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. TT. ADMTNZSTRATZVE: Accept resignation from Alma Cook, regular member of the Firefighters' Pension Board Motion Commissioner Denahan moved approval. Vice Mayor Tillman seconded the motion that carried unanimously. Mayor Broening thanked Ms. Cook for serving so well and so long. MEETING MTNUTES REGULAR CTTY COMM[SSTON BOYNTON BEACH~ FLOR/DA 3UNE 15~ 1999 Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date IV Tillman Children & Youth Advisory Board Alt I yr term to 4/00 TABLED (3) Mayor Broening Children & Youth Advisory Board Stu/NonVoting I yr term to 4/00 TABLED (3) Mayor Broening Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 TABLED (3) I Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 TABLED (3) II Denahan Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 TABLED (3) III Sherman Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 TABLED (3) Mayor Broening Code Enforcement Board Alt ! yr term to 9/99 TABLED (3) Mayor Broening Community Relations Board Alt 1 yr term to 4/00 TABLED (3) Mayor Broening Education Advisory Board Reg 2 yr term to 4/01 TABLED (3) III Sherman Nuisance Abatement Board Reg 2 yr term to 4/01 TABLED (3) III Sherman Recreation & Parks Board Alt i yr term to 4/00 TABLED (3) IV Tillman Firefighters' Pension Board Reg 2 yr term to 4/01 All appointments were tabled. C. Mayor Pro Tem Vice Mayor 'rillman reminded the Commissioners that he held the position of Mayor Pro Tem while the previous Commission was seated. Tn his opinion, it is a viable position. Motion Vice Mayor '~llman moved to nominate Commissioner Sherman to serve in the position of Mayor Pro Tem. Mayor Broening agreed with Vice Mayor 'l~liman that the position of IVlayor Pro Tem is a necessary position so that there would be a backup for the Vice Mayor in the absence of the Mayor. Commissioner Weiland had no objection with Commissioner Sherman serving as Mayor Pro Tem; however, he questioned whether or not this position should be assigned on a seniority basis. Attorney Cherof advised that there was no precedent or rule on this issue. MEET'rNG M'rNUTES REGULAR CTTY COMMZSS'rON BOYNTON BEACH, FLORZDA 3UNE 15~ 1999 In response to Commissioner Denahan, Attorney Cherof advised that the Mayor Pro Tem is designated Mayor to serve in the absence of the Mayor and Vice Mayor. Commissioner Weiland seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: a. Recreation and Parks Month -]uly, 1999 Mayor Broening read a Proclamation declaring .luly, 1999 as "Recreation and Parks Month" and presented it to Melody Green, Recreation Superintendent and .lohn Wildner, Parks Superintendent. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting - .lune 1, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Award the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES" to various vendors with an estimated annual expenditure of $110,000 Award the bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS" to Industrial Refuse Sales in the amount of $135,070 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by staff and allow the selling of the same Approve the multi-award for the "ANNUAL SUPPLY OF BRASS FII-I1NGS AND ACCESSORIES" as recommended by staff, with an annual estimated expenditure of $150,000 Award the bid for "PURCHASE OF A MODULAR BREATHING AIR COMPRESSOR, A FILL STATION AND FOUR (4) 6,000 PSI CYLINDERS" to Breathing Air Systems, in the amount of $35,444.64 MEET'rNG MTNUTES REGULAR CTTY COMMzSS'rON BOYNTON BEACH, FLOR.I:DA 3UNE 15, 1999 Award the bid for "FUEL TANK MODIFICA'I-~ONS LOCATED AT: CITY HALL EAST WING" to the first- alternate of Allied Environmental Consultants in the amount of $6,800 C. Resolutions: Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce (TABZ£D FRDI~ G/.~/D9 I~IEE=rXNG) At Vice Mayor Tillman's request, Item IV-C.1 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-73 Re: Assuring FDOT that the City will maintain its easement and eliminate the necessity of obtaining DOT permit review and approval of the Promenade improvements Proposed Resolution No. R99-74 Re: Revised Development Agreement with Ocean Breeze Festival Park, Inc., Proposed Shared Parking and Casa Loma Boulevard Utilization Agreement At Vice Mayor ~llman's request, Item IV-C.3 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-75 Re: Authorizing the Mayor to sign a lease agreement with Boynton .1CP Associates, LTE. For a no-charge lease from 3une 1, 1999 to May 31, 2000 for City Hall in the Mall Proposed Resolution No. R99-76 Re: Authorizing the Mayor and City Clerk to execute a contract between Gee & Jenson, Inc. and the City of Boynton Beach to provide design and construction management services for the Visions 20/20 Ocean Avenue Promenade project 6. Proposed Reso ution No. R99-77 Re' Beautiful Palm Beaches Grant Proposed Resolution No. R99-78 Re: Authorizing the release of surety on Nautica Sound Plat I ($101,618), the approval of the subdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City Proposed Resolution No. R99-79 Re: Authorizing the release of surety on Nautica Sound Plat I:[ ($65,004.45), the approval of the subdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City MEETZNG MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA 3UNE 15, 1999 D. Ratification of Planning & Development Board Action: The Center for Self Discovery - (112 SE 23rd Avenue) - Request for relief from Chapter 21, Signs, Article III., Section 5. requiring a 10' front setback for a sign to allow a 9' variance, or 1' front setback (TAaZ£O FROM MA Y ABC Fine Wine and Spirits (Northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard) - Request new site plan approval for the construction of a 9,000 square foot retail (liquor/wine) store and related improvements on 0.84 acre (TABLEDAT6/.~ MEEI~rNG) E. Approval of Bills F. Approving the purchase of video teleconferencing equipment from Hayes Computer - State Contract No. 250-040-99-1 Motion Commissioner Denahan moved to accept the Consent Agenda with the exceptions of Items IV- C.1 and C.2. Vice Mayor Tillman seconded the motion that carried unanimously. CON$£NrAG£NDA IT£M$ FOR OI$CU$$ION: IV-C.1. Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce (TABLED FROM 6/1/99 MEE1XNG) Mayor Broening reported that this item would remain on the table and come back to the Commission during July with more definition on the cost and safety issues involved. Motion Vice Mayor Tillman moved to table item ~V-C.1. Commissioner Denahan seconded the motion that carried unanimously. IV-C.3. Proposed Resolution No, R99-74 Re: Revised Development Agreement with Ocean Breeze Festival Park, Inc., Proposed Shared Parking and Casa Loma Boulevard Utilization Agreement Vice Mayor '~llman requested an update from staff on this agreement and direction on how to move forward. Attorney Cherof reported that he presented the Commission with a memo outlining the history of the Marina Project. The players involved include the City of Boynton Beach, Ocean Breeze MEET~'NG M'rNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH,, FLOI:LI:DA .]UNE 15~ 1999 Festival Park, Tnc. (developer who was granted conditional use and site plan approval), Janet Hall as Trustee, DSS Properties, Ltd. (Two Georges Restaurant) and the contract purchaser, Bruce Jarvis. In July, 1997, the Commission authorized the execution of a Development Agreement arising out of the conditional use approval and site plan approval to develop all 6.93 acres of the property. At that time, the plan included a 35,000 square foot boat storage building, two public restaurants and approximately 27,000 square feet of office/retail space. Under the terms of the original agreement the City entered into with Mr. Garcia's company, the entire site plan was to be built out by August, 2000. In conjunction with that, and to speed the process along, the City granted approximately $170,000 in incentives to the developer. The incentives involved infrastructure improvements, the payment of building permit fees on behalf of the developer and a number of other types of incentives. At the insistence of some members of the Commission after the approval, the developer reviewed the project and agreed to remove the boat barn. Tn October of 1998, the Commission approved an amendment that became the first amendment to the Development Agreement. The boat storage was removed and the project was split into two phases. Phase T included the retail/restaurant uses along Casa Loma Boulevard, and Phase IT, which was undefined at that time. This was the area to the west where the boat storage facility and surface parking were to occur. Pursuant to the first amendment, the completion date for the entire project was extended approximately 18 months to February of 2002. In February of 1999, the developer came back into the City with a concept for Phase II. The developer submitted a conditional use approval application to construct a multi-unit residential apartment building that would be approximately eight stories with an adjacent parking garage. At the February 16th City Commission meeting, the Commission, acting as the CRA, approved the conditional use request with approximately 99 conditions. At that meeting, a representative of the adjacent property owners suggested that they were prepared to enter into an agreement with the City whereby the City would provide $750,000 for additional parking and the adjacent property owners and Mr. Garcia would provide a total of 130 parking spaces. That comment became one of the conditions of approval. The parties have been diligently negotiating and drafting the terms of the multi-party shared parking, access and maintenance agreement. Some changes are still taking place and there were a few changes made today. Attorney Cherof explained that there are a number of policy issues that the Commission needs to consider. Because of the February, 1999 conditional use approval, the developer could not construct either under the original Development Agreement or the amendment to it. There needs to be another revision. Ninety-nine percent of the details of that amendment have been worked out. One of the documents that was to be made part of the amendment was the shared parking agreement. The policy decisions that should be discussed and considered are: 1. Should the City grant $750,000 of incentives for 114 additional parking spaces? MEETZNG MTNUTES REGULAR CZTY COMMTSS'rON BOYNTON BEACH, FLORZDA 3UNE 15, 1999 Subsequent to the February Commission meeting, the parties realized that they could not provide 130 spaces since there was space available for only approximately 114 spaces. This has been an evolving number. The sub-categories of this policy consideration include: If not $750,000 for 130 spaces, is there a lesser amount the Commission is prepared to contribute to solve some of the shared parking issues, and under what conditions would that be done? 2. Should the City be part of the multi-party agreement that has been drafted? In Attorney Cherof's opinion, the City could be part, but it does not need to be part of the agreement. There are compelling reasons for the City to be part of the agreement in terms of enforcement. However, there may be compelling reasons from the developers' and property owners' points of view as to why they want the City to be part of it. Attorney Cherof feels the City's grant of incentives could be provided by not being a party to the agreement. 3. If the City remains a party to the multi-party agreement, should there be a detailed phasing schedule or timing sequence that triggers the payment of the parking incentives? Staff feels this project has been slowed because of the lack of a very specific timetable for completion, permitting and submission of plans. Staff may be able to facilitate moving the project forward by establishing clear deadlines. 4. Is this a unified or'phased project? Attorney Cherof feels this project is a little bit of both. For the purpose of the conditional use approval that contemplated a condominium tower and parking structure, it was necessary, in order to meet density requirements, to consider the entire acreage in Phase :[ and Phase :[:[. :In that sense, it was a unified project. However, not all projects can be constructed at one time. This project could be constructed in two phases. Staff has a dilemma with the fact that if it is treated as two 'separate phases for permitting and plans review, there are a lot of complicated sub-issues regarding infrastructure, drainage and utilities that are very difficult to review and consider as stand-alone phases. Tt would facilitate the project if the Commission would consider it a unified project. That would enable the development to move forward quicker because staff would know they are reviewing one project. Staff has requested that the Commission discuss and resolve some of the policy decisions and consider the revised Development Agreement and Multi-Party Shared Parking Agreement and either approve it, modify it or reject it. This would provide staff with the direction needed to enable them to meet with all representatives and bring this issue to a conclusion. Because of the unresolved policy issues, staff is not certain of the position to take when meeting with the parties. Staff is committed to seeing the project move forward and can do so on an expedited basis. Vice Mayor -fillman thanked staff for their efforts in trying to formulate a parking agreement for this project. He noted shortcomings in the Agreement as follows: MEETING MI'NUTES REGULAR C'rTY COMMTSS'rON BOYNTON BEACH~ FLORZDA 3UNE 15, 1999 The City does not need to be a party to the Agreement. In his opinion, Mrs. Hall's request is too much for the City to bear. Mrs. Hall's request is to develop the land even if the City is allowed to develop the parking spaces. Therefore, the City would not have contiguous land. The City would be giving away right-of-way to Mrs. Hall. This does not bode well for the City. It is necessary to determine whether Mrs. Hall has any plans. If she does not have any plans, she should be removed from the agreement. Maintaining Mrs. Hall in this agreement could bring later damage to the City. The number of spaces included developing parking spaces on the Boynton Promenade. This will affect the aesthetic value of the Promenade. Vice Mayor Tillman questioned who would own those spaces. 3. The City should be the facilitator in this agreement. Tf the City is a party to the agreement, all liability would fall on the City. With respect to the Marina Project, Vice Mayor llllman explained that it is of the utmost importance that the deal is closed and time limits are set so that the project can move forward. He would support development in two phases; however, the infrastructure needs to be engineered and designed in a unified manner. Tn addition, staff must set a time schedule for disbursements. Closing on this should take place within the next 30 to 45 days so that we can begin to see movement. Vice Mayor Tillman pointed out that the groundbreaking took place last September. When he visited the site recently, he saw a crane and four pilings driven into the water. This is supposed to be the commencement of the seawall construction. He feels that the City needs to see more action. ]:f the project is not going to move forward, he would like to move on to find someone who will do the job. Attorney Cherof explained that the importance of Mrs. Hall's property stems from her issues of the development proposed by Mr. Garcia. Mrs. Hall has a number of businesses along the waterway that relied upon parking on Mr. Garcia's property. She had a parking agreement with him to meet the parking requirement under the standard set in the Code for obtaining her Occupational Licenses. The lease with Mr. Garcia expired a couple of years ago and the City granted Mrs. Hall an extension during the development of the Marina Project to resolve her problem with respect to her insufficient parking to support the businesses. Two Georges and Mr. Garcia worked with Mrs. Hall to work out the model whereby she would have sufficient parking as a result of the shared parking agreement that has been proposed. :In the absence of that agreement, Mrs. Hall would have to find suitable off-site parking within the proper vicinities as set forth in the Code. Two Georges did that when they purchased property south of Ocean Avenue off Federal Highway. With respect to closing the deal as quickly as possible, the City is not privy to the transaction pending between Messrs. Garcia and Jarvis. We do not know the contingencies that prevent Mr..larvis from closing. The City would like to know that in order to facilitate that transaction. 8 MEET'J:NG M~'NUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOR.I:DA ~UNE 15~ 1999 Mayor Pro Tem Sherman agreed with Vice Mayor Tillman's remarks about the issues and concern he had with the project. When he was a member of the Planning & Development Board, Mayor Pro Tem Sherman did not like the proposed Marina Project. He has additional problems with it now. He pointed out that the developers initially promised 130 parking spaces. Those spaces have been reduced to 114 and that number includes using right-of-way for 23 spaces. Therefore, only 91 spaces will be provided for a $750,000 taxpayer stipend. Mayor Pro Tem Sherman will not support that request. Commissioner Weiland does not feel the City should be a party to the agreement. He further stated that he does not feel there is enough of a benefit to the City for $750,000. The City would only gain 57 parking spaces on the ground floor of a parking garage that we would have to police to make sure the spaces were available to the public. The parking spaces on the public right-of-way should belong to the City automatically. Tf this proposal were to move forward, a great deal of fine-tuning would be needed. Commissioner Weiland is not ~in favor of this request. Commissioner Denahan expressed her opinion that the previous Commission was happy to move forward because the parties were working together toward a solution. She wants this project to move forward so that it will provide a destination area in the City. However, this presentation is not what she hoped to see. The dedicated shared parking spaces are hardly enough to warrant $750,000. When that money was set aside, it was for the purpose of land acquisition and a parking garage. The intent of that funding was not for surface parking. Although the previous administration had good intentions, the developers have not been able to come through. This plan is deficient and she could not approve it as is. With respect to the multi-party agreement, there is no benefit to the City. Commissioner Denahan would support phasing in terms of building; however, there must be unification of the entire project with the pay outs links to specific activity. The Developer's Agreement must be clarified. It is very important to have a specific timetable with specific activity linked to pay outs versus issuance of Certificates of Occupancy. Attorney Cherof advised that when the last amendment was approved, the City and Mr. Garcia did not anticipate some language in the previous version that required completion of the project to get Certificates of Occupancy. We want to ensure that those buildings that are built first are able to open as soon as they are ready to make application for a CO. We do not want them delayed by any technical language in the agreement. Mayor Broening believes it is entirely proper and right for incentives to be granted by the City for development. This is very true when a good portion of the incentives are directed toward existing businesses. He does not feel it is unreasonable for a developer who invests tens of millions of dollars in a project to Io0k to a municipality to offer a modest investment. However, confidence by the City is shaky at this point due to the length of time involved in this project. Mayor Broening feels this project lacks precision in the scheduling and in the planning element. Any decision made by this Commission must require those elements of cost, schedule and performance (including the planning and engineering). Mayor Broening does not think the City should be a party to the multi-party agreement. He is distressed by the location of some of the parking. He would not want any of the parking to be on the Boynton Beach Boulevard MEE'IING MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLOFL~DA .JUNE 15, 1999 Promenade. He would like more definition applied to this project. He believes the City needs to move on with this project. Mayor Broening asked Attorney Cherof if everything the City agreed to is incumbent upon the new owners when this project moves into Mr..larvis' control. Attorney Cherof advised that the Development Agreement was assignable. Mr..larvis would take the property subject to all of the conditions of approval to date and subject to the benefit of the incentives. The February conditional use approval made it necessary to have a revised Development Agreement signed. That revision has not yet been signed. The revision would bring life back into the original $770,000 of incentives. It also redefines some of the timetables with some extensions, and confirms the granting of the original conditions of approval, etc. It is important to address the revised Development Agreement. Attorney Cherof advised that if the Commission decides that the answer to the policy decision on granting incentives for parking is no, staff needs to remove that condition of approval that requires the conditional use application to come back to the Commission for reconsideration and public hearing. Attorney Cherof reminded the Commissioners that the first issue deals with cash incentives to provide additional parking spaces not owned by the City. Tn the body of the agreement that was prepared, some of the money also goes to the redesign and use of the Casa Loma Overlook and the relocation of the seawall adjacent to Mrs. Hall's property to accommodate parking. Mr. Hawkins advised that the background on the parking issue was an overall solution in the CBD. That was the intention of the dollar figure. This suggestion goes back to the Visions 20/20 plan that recommended exploring parking. The City is in the process of doing a parking study to help us develop a full-blown parking solution. The money was meant to be a means to carry out that overall parking solution in the CBD and CRA areas. Vice Mayor Tillman said the reason this moved off the site was because the Marina Project needed parking spaces. The City jumped in to facilitate this. Those parking spaces have not happened. That funding was contingent on helping them to gain parking spaces to meet the agreement and to satisfy the other parties involved because they could not provide all of the parking spaces. Attorney Cherof said no one can satisfy the parking requirements including Mr. Garcia. In conjunction with the approval of his project, the Commission amended the parking code to reduce the ratio of spaces per square footage or use to make it easier for the adjacent property owners to satisfy the requirements. Vice Mayor Tillman reiterated that unless the City sees completely unified engineering, the Commission should not move forward with any development. Commissioner Weiland agreed and stated that there are too many gray areas. He understands that the money was allocated in the past to resolve a parking issue, but the City does not stand to gain anything from this parking. Robert Currie, Architect, requested clarification on a number of items. He felt that what the Commission was saying was that the developer's interpretation of what they worked out with 10 MEETZNG MTNUTES REGULAR CI'TY COMM'rSSzON BOYNTON BEACH~ FLORZDA 3UNE 15, 1999 staff with respect to the location of the parking spaces is not what the Commission feels is proper. He proposed that the developer would provide as many parking spaces as possible that are amenable to the City and the other parties and that the Commission base it on a prorata basis in terms of the $750,000. With regard to moving forward, building permits have been secured for the seawall and that project is ongoing. They are pouring panels. They are moving as expeditiously as they can. Once the seawall is in, the next step is the road to provide access for Two Georges. Casa Loma would follow and then the commercial portion. Mr. Currie is aware that a unified plan for the civil work and infrastructure must be done. Commissioner Weiland referred to Point Overlook. At the present time, Point Overlook is public property. The plans call for the new restaurant to use some of that space for a deck and tables for dining. Two Georges also plans to use some of that space. That will result in very limited access for the public. This is a situation that must be addressed. Mr. Currie agreed that this was a legitimate concern. He explained that a plan was prepared showing the layout of the tables. This plan indicated the access available. (The plan was circulated among the Commissioners.) David Layman of Greenberq, Trauig, et al, represented Ocean Breeze Festival Park. He advised that zoning approval was gained in February and they do not have a revised Development Agreement with the City. They have worked diligently to get that done. Mr. Layman said the exhibits to the Agreement are "the tail wagging the dog" that has delayed this. Ocean Breeze has invested a great deal of money in this project and construction is ongoing at this time. They intend to move forward as quickly as possible. Marry Perry, representing DSS Properties (Two Georqes), reminded the Commissioners that he became involved with this project last year because of his client's concern about the proposed development of the Marina Project. Two Georges did not object to the project; however, they were concerned about the impact of the development on their property with specific emphasis on the redevelopment of Casa Loma Boulevard. Casa Loma Boulevard fronts their property and provides access to their property. Their concern specifically focussed on the fact that the street was being raised several feet in order to meet current flood control requirements. This left Two Georges in a difficult physical condition because they would be below the street grade. Mr. Perry began his efforts on behalf of his client by writing letters to the City last April or May. Very little progress was made until meetings occurred with the City Attorney and the Director of Utilities who wanted to discuss the utilization of the land that Two Georges acquired south of Ocean Avenue. This purchase was made in anticipation of potential parking problems. The City wanted that land for a pond area for drainage. There were in- depth discussions and Two Georges was encouraged because that led to consideration of their problems and concerns. Shortly thereafter, Two Georges was advised that the City no longer needed that property. The discussions ended and Two Georges was back at square one. Tn February of 1999, Mr. Perry came before the Commission along with Mrs. Hall and expressed their concerns. At that time, the Commission sent everyone back to work out the problems. The parties did that over countless hours. The City suggested some of the solutions to the parties. Mr. Perry said one of his first questions to the City Attorney was whether or not the City should be a part of the agreement that was being drafted. The response he received at 11 MEE'I~NG MINUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLOI~DA 3UNE 15~ 1999 the time was affirmative. That is the reason why the City was included, and the purpose of the City's inclusion was for enforcement. Mr. Perry stated that the parties could work it out if the City does not want to be part of the agreement. Mr. Perry also advised that the parties did not bring up the issue of the $750,000. While at a meeting, former City Manager Willis listened to the discussions and then advised that there was $750,000 of funding available for the purpose of solving parking problems in the area. At the time, the parties pointed out that they would be using public dollars for private gain. rvlr. Perry advised the City Commissioners that he worked out calculations so that if the parties would meter the spaces, there could be a return on the City's money in little or no time (five or six years). One Commission member was not certain that the public parking should be metered. The parties favored the metered parking because it would control the parking and keep people from parking all day long. Tn addition, it would provide revenue to pay the money back. After that meeting, word got back to the parties from individual members of the Commission and staff that they did not want parking meters. The parties agreed to eliminate the meters. Mr. Perry pointed out that the parties were not looking for a handout. They have been working very hard at trying to find a solution to make the project work for everybody. He believes the City made a commitment of $770,000 of incentives to Mr..larvis. The $750,000 was a windfall to the parties with respect to parking. They want to figure out a way to repay it and want to work with the City. Mr. Perry said the parties have been negotiating in a vacuum based upon a City Commission meeting that occurred in February. There has been no real input from the City. There is a project that is salvageable. He urged the City Commission to give the parties direction by providing suggestions. Steve Bauqh, a~jent for Ocean Breeze Festival Park, :~nc., reported that one thing that is holding up the project is the revised Development Agreement. Ocean Breeze Festival Park, Inc. would like the parking agreement removed from the Development Agreement so that they can move forward with their portion of the project. Attorney Cherof said the revised Development Agreement is the key to the continuation of the project. There are two key components of the Development Agreement. One of the key ingredients is the parking, which could be amended out. The other issue is the use of the east end of Casa Loma Boulevard and Casa Loma Overlook. That issue could be included or removed. Attorney Cherof feels the parties have done a good job of solving some of the issues; however, there appears to be a problem with the public access to the area. Attorney Cherof said the sketch that was circulated this evening presented a decent-looking plan. With respect to phasing, Mr. Baugh said a phrase could be included in the Development Agreement that COs could be issued as long as the infrastructure was in to support the part of the projects that the developer was seeking the CO for. Mr. Hawkins pointed out that the main concern with Ocean Breeze Festival Park, Tnc. is the engineering relative to drainage. This is a main component. Mr. Perry said that when he came to the Commission in February, he proposed the utilization of the Point Overlook dock area for tables. Staff has complained about that from the very 12 MEE'I~NG M?NUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH,, FLORZDA ~UNE 15~ ~999 beginning. The Commission did not have a great deal of trouble with it. The parties would like to have it because they feel it would lend itself to the ambiance the City is trying to create. These items can be worked out. 3anet Hall, owner of property west of Two Georges Marina, said she has never objected to the development of the Marina Project. However, she objected to some of the activity proposed on Casa Loma Boulevard. Some of the details of the Development Agreement have precluded her use of parking on Casa Loma Boulevard. At the present time, she has no parking. She shares parking with Two Georges on a narrow strip of land in between two buildings. The property owners are contributing the land for public parking. Mrs. Hall said she is donating land on Boynton Beach Boulevard. The parties have done this so that the Marina Project could move forward. Mrs. Hall's daughter reiterated that Mrs. Hall donated the land to solve this parking issue. Mrs. Hall is not seeking unconditional use. Their request was that in the event something could be done in the future to develop the land, that they would retain the right to replace those spaces. They would never take those spaces away from the City. Mrs. Hall owns the property east of the land that would be donated on Boynton Beach Boulevard and wants to make sure she can maintain accessibility to it. Attorney Cherof reported that the Agreement does not contemplate a donation or conveyance of land by anybody to the City. Tt provides for easements over that land for the purposes of parking. Tn the future, if Mrs. Hall wanted to develop either of her two parcels, she reserves the right under the Agreement as drafted to develop those parcels. The Agreement is not very specific about what happens during the period of construction to the spaces that would have their footprint on that property. This is not a major hurdle to overcome. The City would acquire an easement only and it is mutual for the benefit of the public for shared public parking. ViCe Mayor Tillman pointed out that at some point in the future, that land could be developed. Attorney Cherof agreed. Vice Mayor Tillman is concerned about that possibility with respect to how is relates to continuity of the Project. Bruce 3arvis, contract purchaser of the Marinar advised that if the City wants the project to move forward, a project champion needs to be appointed within the City who could make decisions quickly. He pointed out that this agreement began when he appeared at the Planning & Development Board meeting after complaints about parking. Until that point, there had been no discussion about parking. After that meeting, the parties met with Kerry Willis in attendance. A parking concept of 130 additional parking spaces was developed. Mr..larvis referred to previous discussions about the 22 spaces on the Boynton Promenade. He pointed out that the City does not know the alignment of the Boynton Beach Boulevard prOmenade. He said he has asked the City for the alignment in every meeting that has occurred with the City. He recommended that the Commissioners stand at the corner of the cul-de-sac and Federal Highway and look across the highway. Mr..larvis said he would remove the 22 spaces from that area and put them in the deck. He will move the deck to the south side of the property. 13 MEETTNG M'rNUTES REGULAR CI'TY COMM'rSS]:ON BOYNTON BEACH, FLOR.I:DA .1UNE 15~ 1999 With respect to the area at the end of the cul-de-sac between Two Georges and the proposed restaurant, it was Mr..larvis' understanding from the beginning that because of title issues, the City would quit-claim that to him. He would, in turn, quit-claim half of it back to Two Georges. Mr. ]arvis said he did not dream up that proposal. He said he is trying desperately to make this project work, but he can't do it in a vacuum. He said that if his people are so bogged down in minutiae of the size of a drainage line, he would never be able to get a total concept to work. He urged the City Commission to provide direction. Mr..larvis stated that he didn't know where he stood at this point. Commissioner Weiland said the entire City is frustrated over this project since it should have started a year ago. Mr..larvis said the parking situation did not arise until mid-January. Mr. Garcia is pouring the slabs for the seawall. The seawall and support structures must be completed before anything can occur. Commissioner Weiland advised that he has observed many seawall constructions and none have moved forward as slow as this one. Mr..larvis reiterated that he did not ask for the $750,000. He recommended that the City pro- rate the money and he would come back if he is able to provide the spaces on the deck. Attorney Cherof reminded the Commissioners that this was not the time to address site plan approval. He explained to Mr..larvis that part of the concern the City has is trying to determine when he was going to be the party the City deals with. IVlr..larvis said that as soon as he has conditional use approval and an approved Development Agreement, he would be the person the City deals with. Mr. Hawkins advised that the City would like a point person from the developer's side. Mr. .larvis said he and Steve Baugh have been very accessible. In turn, Mr. Hawkins advised that the City Manager's Office and City Attorney have also been very accessible. When Mr..larvis asked for a project champion, Mr. Hawkins responded that he had one. Mayor Broening said the City wants this project to go forward; however, there are understandable concerns about the tenuous nature of things that have happened. There is a crisis of confidence and something must be done. There is agreement by the Commission that this is a good project. He would like a firm commitment on the details of the project. The $750,000 does not really matter because it is an investment the City should make to the businesses. Vice Mayor 'l~llman recommended that staff convene a meeting with the principals involved to decide on a number of things that must be done before any money is released. Tf the money is coming from the City, there must be a defined schedule. Vice Mayor Tillman expressed concern about comments that were made with regard to where the $750,000 came from. He wants that situation investigated and wants to know what the funding is supposed to be used for so that it is public knowledge. He wants the project to move forward but there are questions that have to be answered. If the principals are not going to be the parties involved, they need to verbalize that so that we can move on. Vice Mayor -~llman is tired of having the City in this predicament. 14 MEL:T~NG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORIDA 3UNE :~5, 1999 Mr. Layman said the developer has been trying to get an approved Development Agreement for months. Once that Agreement is approved, activity will begin. The developer has spent thousands of dollars preparing site plans showing the parking areas where they thought the City wanted them. It has now become obvious that the City does not want them in those locations. He urged the Commission to provide direction. He said the parking could be put on site. Commissioner Sherman pointed out that a conditional use approval was granted for 130 parking spaces. There was agreement at the time that those spaces would fit. At this point, the developers are offering only 91 spaces, and using the right-of-way for 23 spaces for a total of 114 spaces. He questioned the validity of the conditional use that was developed by professionals. Mr. Currie said he met with staff and provided four site plans. Staff agreed to the location of the parking spaces up until this meeting. Mr. Currie said the developer could add an additional 45 spaces in another half-level of parking. When Commissioner Sherman said the developer still could not get to 130 spaces, Mr. Currie disagreed. Commissioner Sherman suggested that the developer come back with another conditional use application. Mr. Currie said he would return again if that was the Commission's desire. Mr. Currie said he was unaware that the Commission did not want parking spaces along the right- of-way. Mr. Hawkins pointed out that it is not staff's job to design the project. Staff would like to see civil engineering drawings. Dale Sugerman, Assistant City Manager, believes the key issue is the revised Development Agreement. He recommended the following: Table the action. Instruct staff to meet with the developer and the developer's agents and representatives with the intent of accomplishing the following to get back before the Commission with a revised Development Agreement that includes: A unified site plan; A unification of all engineering plan; On the unified site plan, the developer must meet the Code requirements for parking and they do it without $750,000 of City funds. Motion Vice Mayor -fillman moved that recommendation. Mr. Baugh said he had an approved site plan. He suggested that if the City wants the 130 spaces on site, staff should approve a Development Agreement requiring 130 spaces on site. 15 MEETZNG MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLOI~DA ~UNE '!5, 1999 Mr. Currie pointed out that complete engineering drawings would take months to accomplish. Furthermore, that is not what Code requires. The Code requires the developer to provide certain site plans for conditional approval. The developer is then obligated to make the engineering work. Herb Suss said the residents are confused. He recommended that the Commission table the issue and get it clarified. Once it is clarified, they could come back and present the public with a concrete plan. In his judgment, the City has already given too much money to this project. He wants an explanation of whether or not financing is in place for this project. Ken DeRousse said the Redevelopment Act is probably the reason the marina situation started. He read that Act that states municipalities, counties and states should not allocate funds to redevelop coastal areas. Mr. DeRousse believes the previous Commission probably never read that Act and this Commission is now faced with addressing this problem. He reminded the Commissioners that they have the power of the people of Boynton Beach. He urged them to use that power. Enrico Rossi, 625 Whispering Pines Road, is a resident and civil engineer. After looking at the plans more than seven months ago, he concluded that the drainage would be impossible to accomplish because of a requirement to contain all run-off on site. Since there is no drainage on site, Mr. Rossi said he asked the Commission if allowing these developers to drain into the 50-acre drainage pond was another incentive. Mr. Rossi questioned how much more money the City is planning to give this developer. Lee Wische, 1302 SW 18th Street, said this has been an ongoing problem since 1989 when he was on the Commission. He dealt with Mr. Garcia then and nothing came of it. We are still going through the same charade. He questioned who is building this project. He wondered whether it is Mr. Garcia or Mr..larvis. There was supposed to be a closing on .lune 30th. There is now an extension until .luly 30u~. He is afraid that Mr. ,larvis may not have the money and is looking for someone to come up with it. He asked Mr..larvis if he plans to complete this project if he takes it over. Mr. ~larvis said he is the person buying it with no flipping in mind. Commissioner Weiland inquired if Hr..larvis would be buying it in the near future. Mr..larvis responded that because of the indecision on the Agreement at this point, he does not know where he stands. Mr. Baugh reported that Ocean Breeze Festival Park currently has a construction loan on the property. If the closing goes through, it will go forward. Mr..larvis offered to develop a schematic plan that shows the lOcation of the parking, eliminates the parking spaces that are on the right-of-way and he would put them' on site and come up with a plan that shows those spaces within the confines of his site. He said he would accomplish this by the next Commission meeting if he could work with appropriate City staff. This plan would not be fully engineered because of the short amount of time involved. This is a customary practice for these types of approvals. 16 MEETZNG MTNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLORZDA 3UNE 15, 1999 Harvey Over, 511 East Ocean Avenue said he has watched this like a yo-yo for fifteen years. He is hopeful this project will move forward. He feels there is too much insistence on a specific number of parking spaces. Approximately a year ago there was a discussion of negotiating with Financial Plaza and putting a multi-story parking garage on either side. Tn Boca Raton, there is a parking garage next to US #1. He recommended that if this project is going to be tabled, consideration should be given to parking garages on either side of Financial Plaza. This would leave space to be used or left for greenspace. Mr. Baugh urged the Commissioners to remove the parking from the Development Agreement so that he could move forward. Ed Tedtmann, 869 NW 18th Avenue, advised that any time there is a real,~tate contract on a commercial piece of land, it would be contingent upon government agen~pproval for the deal to go. The closing has not taken place because they do not have government agency approval. Mr. Tedtmann recommended that the City hire a Development Director to take charge of this project. Mr. Tedtmann has concerns about this parking and said that if he was going to pay $1,000 per month to live in this complex, he would want two parking spaces and a guest space. He feels there should be a public parking garage to facilitate all of the businesses. 3errv Taylor, 1086 SW 26th Avenue, reminded the Commission that the previous COmmission set out on a vision and that was to move the City forward. A big part of the vision was to develop the downtown. This Marina Project was a catalyst. The only thing stopping the Commission from taking a leadership role is the revised Development Agreement. The developers publicly agreed to address the issues that were raised this evening. :In response to Commissioner Weiland, Mr. Taylor confirmed that Mr. Garcia had been true to his promise of a year ago to get Phase T started. Mayor Broening did not feel the Commission was in a position to approve the revised Development Agreement this evening. Mr. Hawkins felt it was necessary to immediately deal with the parking issue. Many of the issues have been worked out this evening; however, the Commission must deal with the parking with respect to the $750,000. Motion Vice Mayor-Tillman moved to table this and have staff deal with the principals on the Marina Project on a unified site plan, unified engineering plan and the site plan must meet the Code as agreed upon for parking. They will come back to us at a defined time. Commissioner Sherman felt it was necessary to deal with the parking so that it does not have to be addressed again in two weeks. Vice Mayor -rillman felt it was not possible to do that until after staff meets with the developers. Mr. Sugerman said the current revised Development Agreement has a condition in it that says the developer and adjacent property owners must create a parking agreement. It is a condition 17 MEE'rZNG MTNUTES REGULAR CZTY COMMTSS'rON BOYNTON BEACH~ FLOR.I:DA .1UNE 15~ 1999 of the Agreement. One of the questions we posed tonight is whether or not the Commission wants that to remain a condition of the revised Development Agreement. Mr. Sugerman suggested that it may not be in the project's best interest to keep it as a condition of the revised Development Agreement. The Commission could eliminate the need to have the developer and the adjacent property owners work Out a parking plan. Mr. Sugerman reiterated his earlier recommendation to unify the site plan, unify the engineering, meet the parking code requirements based upon the unified site plan, eliminate the $750,000 and allow for a phased construction. Attorney Cherof recommended that as the Commission discussed that issue in the form of a motion, they would want to consider the Halls and Two Georges. Attorney Cherof suggested that the answer might be that if the Commission was not willing to spend $750,000, perhaps they would be willing to spend some of it on helping Mrs. Hall and the Two Georges resolve their parking problems in the future. Tt is important to direct staff to continue to meet with the adjacent property owners to address their concerns about the development. Mayor Broening stated that he wanted to accommodate the local businesses. It is not a bad thing to provide incentives to outside developers or people who want to expand or improve their existing businesses. That is within the purview of the City Commission and the CRA in the spirit and intent of redevelopment. He pledged the Commission's continued support of their businesses and work to solving their parking problems. That could be accomplished by using the $750,000. Mr. Hawkins advised that the idea of a parking garage is definitely in the City's future. There will be business solutions to parking in the near future as the plan is rolled out. Mr. Perry was not clear about what was happening. The series of agreements that were worked on are more complicated than just parking. Two Georges' restaurant had concerns about the plans for Casa Loma Boulevard. It is not just that the road level was increased. There was a cul-de-sac designed in front of the property that created numerous problems. Mr. Perry pointed out that when changes are made to a public thoroughfare that impact adjacent properties, those properties must be considered. Two Georges redesigned that cul-de-sac and Mr. Perry was not certain whether or not that redesign would be acceptable. Mr. Perry reminded the Commissioners that in February, he stated that if changes were not made, his client was faced with the prospect of having to challenge the City on its impact on his property. Mr. Perry and his client will have to reevaluate their position at this point. They do not want to be in a confrOntational position with the City or anyone else. They want to be cooperative. Mayor Broening stated that it was his opinion that Mr. Sugerman's suggestion would not affect anything except the $750,000 for parking. He did not believe Mr. Perry's concerns needed to be addressed because everything else could be addressed. Mr. Perry said the issue was to solve the parking problem. The money was never the issue. The money was thrown in their lap. :It would be good if in removing that condition there is still going to be the provision of a specified number of shared parking spaces. However, what would that do to the other changes to Casa Loma Boulevard that are equally important to Two Georges? 18 MEETING MTNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH~ FLOR.I:DA 3UNE 15, 1999 Commissioner Denahan asked Mr. Perry if Two Georges had a problem with parking before the Marina Project ever came to play in the picture. Mr. Perry said his client had access to on- street parking before the City decided to change that. Commissioner Denahan pointed out that Two Georges had problems with parking historically. Mr. Perry agreed, but pointed out that Two Georges was an approved, non-conforming use. Two Georges did not have an enforcement problem. They were entitled to continue operating and are still entitled to continue operating. Mr. Currie said he is in complete agreement with the redesign of the eastern portion of the site. Also, Mr..~arvis advised from the beginning of the process that he wanted to solve the problem of parking for everybody on site. Tf the Agreement is passed, Mr. Currie will continue to work with Mr. Jarvis. Mayor Pro Tem Sherman said he was elected to protect the City's moneyi He does not want to throw any of the City's money in anyone's lap. Mayor Pro Tem Sherman recommended passing the motion recommended by Mr. Sugerman. He recommended forgetting about the $750,000 and allowing the City and developer to work together. Attorney Cherof advised that procedurally, the way to move forward would be to take no action on the item and it will die. At the next Commission meeting, staff will return to the Commission under Public Hearings with a conditional use approval modification (reconsideration of the conditions of approval) and approval of the revised Development Agreement. In this period of time, perhaps all issues could be addressed and solved. The item would be over and the Commission would get a fresh look at it at the next meeting with an opportunity to modify the conditions of approval. Mayor Pro Tem Sherman asked if the $750,000 would be included in the proposal in two weeks. Attorney Cherof said the revised Development Agreement would have no reference to $750,000. The City will not grant $750,000 or any amount less than that unless there is some compelling reason to do it brought to the attention of staff between now and the next meeting since there was a lack of consensus to grant that money. Attorney Cherof advised that no motion was necessary and the item on the agenda died. MAYOR BROENTNG DECLARED A BRTEF RECESS AT 8:40 P.M. THE MEE'~NG RECONVENED AT 9:03 P.M. V. CTTY MANAGER'S REPORT: None VT. PUBLTC AUDTENCE: Richard Virqil, 10 Lawrence Lake Drive, reported on a problem in his community. The City is the holder of a $24,600 cash bond that is being retained for the completion of their landscape improvements. About one year ago, the City defaulted the bond with the developer based upon non-performance of the work. A year earlier, the permit for the work expired with the 19 MEETTNG MTNUTES REGULAR CZTY COMMZSSI'ON BOYNTON BEACH~ FLORZDA 3UNE :ES, :~999 developer. A year earlier than that, a few contractors tried to install the landscaping. One company installed the landscaping and could not come to agreement with the developer on payment and it did not pass inspection for turnover of the bond for payment. The contractor removed all of the landscaping he installed leaving the community in disrepair. Subsequent to that, the developer had another landscape contractor attempt to install the landscaping and get it passed by the City so that the bond could be used for payment. That never occurred because the landscaping was deficient. At a meeting last October, the City Forester met with the landscaper, did an inspection of the property and told the landscaper what was necessary. A cost estimate was to be developed for the completion of the work. That was never received. This week, a FAX was received from the landscaper to agree to turn over the bond to him because he is owed money for the work that was done. The community's position is that the bond money is for the completion of the landscaping. Until that landscaping meets Code and is passed by the City, that money should not be released to anyone. He urged the City not to release the bond to GRB (the developer) or Rude Landscaping because they have not met the requirements for release of the money. Attorney Cherof advised that this is a very difficult issue. There have been conflicting demands rouse the bond money on behalf of the Association to pay the contractor and we contemplated interpleading that money with the court to let them sort it out. That idea was rejected because by the time the interpleader action is done, the money would be depleted. The City has recently begun working on a plan to use the money we hold that was forfeited by the developer to undertake either directly or through subcontractors, landscaping improvements. We do not anticipate there will be enough money to bring the project up to the plans that the developer had drawn up. Unfortunately, those are issues between the Association and the developer. Every penny of the money will be spent on some form of planting as shown on the original plan. Mr. Virgil said this was the first he heard of this plan. However, this is exactly what the community has been wanting for the last two years. Mr. Hawkins advised that staff has been working with the President of the Association. Cecilia Virgil, Vice President of the Association, asked if the work would be done under the expired permit. Nancy Byrne, Acting Director of Development, said the work would be done off a new set of plans and a new permit. Staff will be working closely with the Homeowners' Association. Herb Suss, resident of Quail Run, expressed concern about the portion of Knuth Road that is currently under construction. He complained about the traffic travelling along SW 26th Street. Tn addition, repairs were made to a sinkhole on SW 26th and that road is deteriorating. He urged the Commission to consider closing off SW 26~ Street off Woolbright Road. Enrico Rossi, 625 Whisperinq Pines Road, asked for confirmation that the Tntracoastal park site would be discussed at the next CRA meeting. Mayor Broening confirmed that it would be a topic of discussion at the next meeting. 20 MEET]:NG MZNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLOI~DA ~UNE 15~ 1999 David Fellows, 638 NE 9th Avenue, distributed copies of a report on the On-Campus Intervention Program and reported on the Alternative to Suspension Program, Mr. Fellows said .lay Aligood liked the program and offered verbal approval for the funding. However, approximately two weeks ago, Mr. Fellows learned that the funding for the counseling component of the program is no longer available. This program cannot work without counseling. Mr. Fellows is confident that he can locate funding for that component. The School Board requested the formation of an ad hoc committee to look into funding through alternative education departments. That report will be reviewed at the School Board meeting. The report recommends the hiring of a consultant to conduct an independent, programmatic and financial review of alternative education programs and second-chance schools. Mr. Fellows is concerned the Alternative to Suspension Program will get lost in this shuffle. The Education Advisory Board approved Mr. Fellows' making a presentation to the School Board so that they can have a copy of the program manual and be advised of what is happening with the program. Mr. Fellows requested that the Commission offer any suggestions on how to proceed with this and requested that the Commission pass a Resolution in favor of the School Board's support of this program. Mr, Fellows said he would take that Resolution with him when he made his presentation to the School Board. Consensus There was a consensus of the Commission to prepare a Resolution for Mr. Fellows to take to the School Board. Claire Robertson said she worked for the City for 81/2 years and then resigned. She accused the City of blackballing her over the last five years. She said Carol Cheek wrote a letter to the School Board and she feels everyone feels this is a joke. Ms. Robertson said the City is only allowed to tell a perspective employer when the employee started work and when the employee left. The City cannot give any other information. She claimed Ms. Cheek said she could say anything she wanted to say. Ms. Robertson felt certain that IVlr. Lee saw the letter written by Ms. Cheek. Mayor Broening said the situation would be investigated and Ms. Robertson would receive a written response. Gary Lehnertz, 619 SW 2nd Avenue, expressed appreciation for the Commission's concern about protecting the citizens with respect to the Marina Project. Mr. Lehnertz said he was present to talk about the issue of the Tntracoastal Park that will be discussed at the next CRA meeting. He stated the following three problems with the proposed development: The proposed private development would be in direct conflict with and would sabotage the Marina Project. Both projects would draw the same people and money sources. It is important to ensure that the Marina Project will be successful. 21 MEETING MTNUTES REGULAR CTTY COMMISSION BOYNTON BEACH, FLOR/DA 3UNE 15, 1999 2. On behalf of the Sierra Club, this high intense development would result in environmental degradation to the marine habitat. The citizens of the City voted to approve the bond to buy that land as a public park for the City and its residents. It is the moral responsibility of the Commission to follow those wishes. Mr. Lehnertz urged the Commissioners to not support private development and to look toward a public park. Brian Edwards thanked Scott Blasie on behalf of the Tnlet Cove Association for his action with respect to the Bikini Beach Club. He also stated that the [mage and Redevelopment Committee that was formed 13 months ago is encouraged by meeting monthly as a result of the Neighborhood Summit facilitated by Hank Ackermann. Mr. Edwards expressed disappointment that only Wilfred Hawkins was present at the last Neighborhood Summit. He was also disappointed that the CRA meeting was cancelled. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Owner: Location: Description: Mark Daly City of Boynton Beach East Coast Railroad Avenue, between SE 10TM Avenue and SE 8th Avenue Request approval for abandonment of a portion of street abutting property. (I~OSTt~ON~M£NT R~QU~ST~D TO .IUN~ 22, .~999 I~I. ANNXNG & Dh-V~£OPM~NT BOARD M~NG TO AZZO~ FOR TH~ CONCURRENT RH~HW OHA RH~ THO VARXANCH RH~UHS~) Item VlI-A remained on the table. Motion Vice Mayor Tillman moved to postpone. Commissioner Denahan seconded the motion that carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None 22 MEETTNG M'rNUTES REGULAR C'rTY COMM?SSTON BOYNTON BEACH~ FLOR/DA 3UNE 15, 1999 X. NEW BUS?NESS: Discussion of roll-off issue and endorsement of maintaining all Solid Waste Services as an exclusive function of the City Attorney Cherof reported that the City operates a solid waste collection/disposal system on an exclusive basis. One of the sub-categories of this system is the collection from construction sites. We collect that material in large bins, and take it to recycling centers where it is separated. There is a State law that encourages recycling and states that a city may not restrict recyclers from operating in the City. To date, no construction site activity has included source separation activity. The waste hauling industry and recyclers would like to get a foothold in Boynton Beach and all other cities. The City has taken issue with those businesses in the past when they have been going through construction sites and contracting with developers or business owners and putting competing disposal bins on the property, not source separating them and then hauling them off. That is a violation of our Code and the City has cited a number of them and was prepared to prosecute. To date, when those cases have come up, we have dismissed the cases because there is a larger issue involved. Representatives of the industry have approached a number of administrative people on staff and members of the Commission to inquire about getting into the business of hauling from the construction sites, not source separating on site, paying the City a fee and they would dispose of it. They would charge the developer a fee higher than we charge them. Larry Roberts, Director of Public Works, said he has been under a great deal of pressure from the private sector to do business in the City. Tn January, when staff asked these haulers to leave, they refused and claimed protection under State law. We have taken a position against them. However, we are up against a powerful industry. Tn addition, there is legislative action and Senate Bill 1370 that would cause the public sector to compete for its own business. The ro. ll-off service is a very valuable revenue source to the City and staff recommends that we maintain all solid waste services as an exclusive waste disposal provider. Mr. Hawkins advised that staff looks at this as a public service and a public safety issue. This issue also deals with saving our citizens from exorbitant fees. We are currently offering a beneficial service by charging a fair rate and we will continue to do that. Mayor Broening questioned whether the private firms are legally contesting. Attorney Cherof said he met with one representative who proposed moving an ordinance forward to the Commission which would be a franchise agreement. Attorney Cherof has not yet received that document, but anticipates that he will in the future. This item is on the agenda for a policy consideration because it is a revenue issue. The City is not doing this to discourage legitimate recyclers. 23 MEET/NG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOR/DA .~UNE 15, 1999 When Commissioner Weiland questioned why they are operating illegally now, Mr. Roberts explained that our Codes do not give them any rights to operate in the City. He pointed out that we have had a 124% increase in our revenues since last August. The growth of the private waste hauler is the public sector. Consensus There was a consensus of the Commission to endorse staff's recommendation. Xl'. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-16 Re: Amending Land Development Regulations, Chapter 20, Building, Housing and Construction Regulations; providing for the adoption of the Standard Building, Gas and Mechanical Codes, 1997 Edition and Amendments thereto: Second Amendments to the Standard Plumbing Code, 1994 Edition Attorney Cherof read Proposed Resolution No. O99-16 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. O99-16. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-17 Re: Amending Land Development Regulations, Chapter 2.5 Planned Unit Developments. Section 9, Internal PUD Standards, to create a new subsection "F." entitled "Rig hts-of-Ways" Attorney Cherof read Proposed Resolution No. O99-17 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-17. Vice Mayor lillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - ist Reading 24 MEE1/NG MZNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLOR/DA 3UNE 15, 1999 Proposed Ordinance No. O99-18 Re: Abandonment of remainder of Cordova Way, as well as service street (located on West Ocean Drive) requested by Mary A. Wyatt Attorney Cherof read Proposed Resolution No. O99-18 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-18. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. O99-19 Re: Empowering the City IVlanager to add or modify positions during the fiscal year Attorney Cherof read Proposed Resolution No. O99-19 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-19 with an amendment to #3. She would prefer that the Commission be notified by memorandum before the modification takes place. Commissioner Weiland said that if the 40 days were not available, would the Manager have to wait 40 days before rectifying the situation? He felt this must be done on a case-by-case basis. Mr. Hawkins explained that job descriptions are modified when a person leaves a position. Staff would then review the job description to determine whether or not the position would be refilled or whether that position could be consolidated with another position. At that time, it would go to Human Resources for final approval. There is an internal process that must happen prior to action. This could come to the Commission before a decision is made. Vice iVlayor Tillman thought this sounded like housecleaning and 'felt it was the Commission's responsibility to set policy - not handle the day-to-day operations. Commissioner Denahan agreed, but felt the Commission should be notified before changes are made. She does not feel 40 days is a feasible nUmber. She recommended removing the words "40 days". Attorney Cherof recommended the following language: "The O'ty Manager shall report any and all modifications or staffing changes to the O'ty Commission by memorandum prior to the implementa~'on of the modification. ~ 25 MEETING MZNUTES REGULAR CZTY COMM:ZSSZON BOYNTON BEACH, FLOR2DA .1UNE :!.5, 1999 Amended Motion Commissioner Denahan amended her motion to include Attorney Cherof's recommended language change. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote that carried unanimously. C. Resolutions: None D. Other: Request for shade session to discuss the City of Boynton Beach vs. Culver lawsuit Request for closed-door session on labor negotiations with the PBA and FOP Attorney Cherof reported that the first meeting would be to discuss a pending lawsuit between Culver v. the City of Boynton Beach. This case is on the federal trial docket. Time is of the essence. The second item is to discuss strategy and bargaining with the PBA and FOP. Attorney Cherof advised that both sessions could be done on the same day and in the' same location. Mayor Broening advised that he would not be available from June :~9th through July 4th. Consensus There was a consensus of the Commission to conduct these sessions at 4:30 p.m. on Friday, June 18th. X~Z. UNF:~NTSHED BUS~NESS: A. Set Date for Postponed Community Redevelopment Agency Meeting Lengthy discussion ensued regarding setting the date for the CRA meeting. Commissioners Weiland and Sherman were concerned about delaying the meeting until July because that would result in a 7-week time period since the last meeting. However, Mayor Broening would not be available until after the July 4th weekend. When the suggestion was made to hold the meeting Friday, June 18th, Mayor Broening and Vice Mayor Tillman expressed concern about providing proper notice to the public. Vice Mayor Tillman insisted that the meeting be delayed until after the July 4th holiday to allow the public an opportunity to attend. Commissioner Denahan recommended holding the CRA meeting on Wednesday, July 7th at 6:30 p.m. Discussion ensued regarding the cancellation of the last CRA meeting. Commissioner Weiland pointed out that the CRA meeting was a workshop and could have been held because a quorum was available. Furthermore, because it was designated a workshop, no decisions would have to be made. He requested a consensus from the Commission regarding holding future meetings if a quorum is available. 26 MEETTNG MZNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH~ FLORZDA .1UNE 15, :!.999 Mayor Broening advised that he made the decision to cancel the meeting based on the knowledge that one Commissioner was not going to be present and another Commissioner might not be present. He explained that it would be his policy that when matters of extreme public interest and importance are to be discussed, it is imperative that the entire Commission is present. He said he would reserve his right to do that in the future. Commissioner Denahan asked Attorney Cherof if there is a proper procedure for calling meetings and canceling meetings. Attorney Cherof advised that there is no procedure set out in the Code for the cancellation of meetings. That is a policy that can be set by the Commission. When Commissioner Denahan ask what Robert's Rules of Order says, Attorney Cherof advised that he did not have his copy available to refer to. Commissioner Weiland stated that he was not attempting to override Mayor Broening's power. However, he was informed that the Commission had the right to decide whether or not to hold a meeting if a quorum is available. Commissioner Denahan questioned whether the notice stated it Would be a workshop or a meeting. City Clerk Sue Kruse said it was noticed that the City Commission would be seated as the CRA. Mayor Pro Tem Sherman felt that the problem with making an absolute decision is that if one Commissioner does not show up, the meeting would have to be cancelled. Commissioner Weiland said he asked Mr. Hawkins why it had been changed from a meeting to a workshop and the response was so that no decisions would have to be made. Mr. Hawkins advised that that is the standard answer for workshops. Workshops are for information purposes. Meetings are for making decisions. Mayor Broening requested that the City Attorney investigate this situation. XZTT, OTHER: None x'rv. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:15 p.m. 27 MEETI'NG M'rNUTES REGULAR C'rTY COMM~'SSTON BOYNTON BEACH,, FLOR/DA 3UNE 15, 1999 CITY Of BOYNTON BEACH Mm'Yor / .~...~ Vi~e Mayor ATTEST: Mayor Pro Tem OtC'Clerk Com~'~A'''-- Commissioner imp 6/18/99 4:46 PM 28 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: ABC Fine Wine and Spirits Ellen Smith, Unruh, Smith & Associates 9001 South Orange Ave., Orlando, FL 32824 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 15, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 1531 Boynton Beach Blvd. 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'~-- J:\SHRDATA\Planning\SHARED\VVP\PROJECTS~ABC FINE WINE & SPIRITS\Development Order. doc EXHIBIT "C" CONDITIONS OF APPROVAL Project name: ABC FINE W1NE AND SPIRITS File number: NWSP 99-007 Reference: 3rd Review, New Site Plan. File # NWSP 99-007. Planning and Zoning date stamped Ma 17, 1999 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. As per section 10-25 in the City Code, free dumping access to containers X at all times shall be provided by the user. 2. Waste removal in connection with construction process must be serviced X by the City of Boynton Beach, including City's roll-off dumpster. Place note on dumpster detail to indicate stone. UTILITIES Comments: 3. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may not, therefore, be used for irrigation where other sources are readily available. 5. Provide an engineer's written certification that drainage will conform X with all rules of the City and the South Florida Water Management District. (LDR Chap. 4, sec. 7F) 6. Water and sewer lines to be owned and operated by the City shall be X included within utilities easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. 7. A building permit for this project shall not be issued until this office has X approved the construction plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) Water and sewer services, and fire hydrants must be shown on the utility construction plans. FIRE Comments: None X POLICE Comments: None X P~ge 2 File Name: ABC Fine Wines & Spirits File No.: NWSP 99-007 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 8. All plans submitted for specific permits shall meet the City's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request 9. Provide an engineer's certification in writing that drainage will conform X with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. [LDR Chapter 4, Section 7.F.2.] 10. All plans submitted must be signed and sealed by the design professional X responsible for their preparation. BUILDING DIVISION Comments: 11. Within the footprint of the building that is illustrated on sheet A-l, X identify the proposed finish floor elevation. Add the base flood elevation to the site data found on the Site Development Plan. If there is no base flood elevation, indicate that on the plan. Add notes and specifications to the site data that prove the proposed finish floor elevation is in compliance with the minimum standards of the following: a) Minimum elevation required by the flood zone. b) Minimum elevation required by the South Florida Water Management District permit for the project. c) Show and specify that the elevation of the finish floor is not less than six inches above the crown of the abutting right(s)-of-way. 12. Add a note to the site development plan indicating that the site lighting X fixtures will illuminate the site consistent with the specifications identified in the Parking Lot Code. 13. At time of permit review, submit signed and sealed plans including a X current survey. 14. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and State fees will be determined at time of permit review. Pfige 3 File Name: ABC Fine Wines & Spirits File No.: NWSP 99-007 DEPARTMENTS I rNCLUDE I REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 15. The applicant should indicate if the two existing Slash Pine trees will be X preserved in place, or removed and replaced on the landscape plan. 16. The applicant will have to complete the land-clearing permit prior to X requesting the first building permit. PLANNING AND ZONING Comments: 17. Revise plans to eliminate inconsistency between height shown on site X plan (21 ') and elevation drawing (25'-2") drawing. 18. Roof top equipment will be screened from view out to 600 feet (AC X units shown on north elevation are not shown screened). 19. Enhance proposed perimeter landscaping with the addition of, at X minimum, a cluster of a small tree and bedding plants placed at every other space between perimeter trees. Repeat bedding plants clustered at both sides of the entrances (bedding plants at entrances should not exceed 2 ½ feet so as not to interfere with clear site triangle. Options for small trees may include Pygmy date palm, Silver Buttonwood, or Jatropha. Bedding plant options may include Pentas, Liriope, Crinum Lily, and Ixora. 20. To maintain compliance with Chapter 9. Community Design Plan, the X project will remain consistent with the architectural character and appearance of the Boynton Commons Shopping Center. Consistency will continue to be accomplished by the materials and features shown on the plans and also by using building colors selected from existing colors of the Boynton Commons Shopping Center. Subsequent modifications will not decrease the architectural compatibility described herein. 21. Base of proposed monument sign shall be finished to match main X building color. 22. Sign shown in easement; obtain necessary consent from Utility or X remove from easement. Record easement release form and process a hold harmless agreement. 23. Perimeter tree was switched from Washingtonia palm to Orange Geiger X late in the review process. Obtain approval from city Utilities for use for P~tge 4 File Name: ABC Fine Wines & Spirits File No.: NWSP 99-007 I DEPARTMENTS iNCLUDE ] REJECT perimeter tree (within easement) other than acceptable palm species. 24. Move step and ramp out from within the minimum backup area of the X northeastern-most parking space. 25. Submit necessary traffic analysis, and confirmation from County that X project complies with the Traffic Performance Standards Ordinance. 26. On rectified plans submit revised rear elevation drawing to show X consistency with revised front and side elevations (e.g. removal of tile band, expansion joint spacing, addition of 5 decorative columns evenly spaced, and continuation of parapet as noted on previous elevation drawing. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 27. Enhance the three (3) plain portions of the front and west facades with X appropriate and compatible palm species placed between the columns , within the foundation landscaping strips. ADDITIONAL CITY COMMISSION BOARD COMMENTS 28. ~d. ,tt/~,~'~' ~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS~ABC FINE WINE & SPIRITS\NWSP REVIEW COMMENTS CC 6-15-99.doc