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Minutes 11-17-98 MINUTES OF THE REGULAR CITY COMMISSION MEE'I'~NG HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 17, 1998 AT 7:00 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley ]askiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem .lamie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENTNGS: Call to Order- Mayor Jerry Taylor Invocation - Reverend Randall Gill - First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Shirley ]askiewicz Mayor Taylor called the meeting to order at 6:31 p.m. Following the invocation, Vice Mayor ]askiewicz led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced that the applicant requested that Items IV-D.1 "Grove Plaza" and VII- A, "7-11 at Grove Plaza" be postponed. In addition, staff requested the addition of Item IV-G, "Emergency Purchase of a Submersible Pump for Lift Station #708" and Item V-A, "Expenditure of $2,000 of Law Enforcement Trust Funds to We Change Foundation". City Manager Willis requested the addition of Item V-B, "Consider Landscape & Signage Improvements on Nonconforming Properties". Commissioner Titcomb added Item X-A, "Public/Private Partnership on Boynton Beach Boulevard Promenade". Attorney Cherof added Item XI-D.4, "240 North Congress Avenue - Request for Release of Lien". 2. Adoption Motion Mayor Pro Tem Tillman moved to approve the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. MEETING MTNUTES REGULAR CITY COMMTSSTON BOYNTON BEACH~ FLORIDA II. A. Appointment To Be Made ADM!NISTRATZVE: Appointments to be made: NOVEMBER 17~ 1998 Length of Term Board Expiration Date II Denahan IV Tillman ]askiewicz* Mayor Taylor IV Tillman* II Denahan* TT! ]askiewicz IV Tillman Mayor Taylor !V Tillman IV Tillman* I Titcomb Bldg. Bd. Of Adj. & Appeals Alt i yr term to 4/99 Code Compliance Board Alt i yr term to 9/99 Code Compliance Board Alt i yr term to 9/99 Education Advisory Board Stu i yr term to 4/99 Education Advisory Board Reg 2 yr term to 4/99 Cemetery Board Alt 1 yr term to 4/99 Community Relations Board Reg 3 yr term to 4/00 Community Relations Board Reg 3 yr term to 4/00 Recreation & Parks Board Reg 3 yr term to 4/99 Adv. Bd. On Children & Youth Stu/Reg i yr term to 4/99 Advisory Board on Children & Youth Alt 1 yr term to 4/99 Advisory Board on Children & Youth Alt I yr term to 4/99 TABLED-2 TABLED-2 TABLED-3 TABLED-2 TABLED-3 TABLED-3 TABLED-2 TABLED-2 TABLED-2 TABLED-3 Motion Commissioner Titcomb moved to remove Mayor Pro Tem Tillman's Education Advisory Board appointment, and Mayor Taylor's Recreation & Parks Board appointment .from the table. Commissioner Denahan seconded the motion that carried unanimously. · Mayor Pro Tem Tillman appointed Guarn Sims as a regular member of the Education Advisory Board. · Mayor Taylor moved Dan Winters from an alternate position to-a regular position on the Recreation & Parks Board. Motion Mayor Pro Tem Tillman moved to approve the appointments and table all remaining appointments. Vice Mayor ]askiewicz seconded the motion that carried unanimously. llI, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: City Hall will be closed in observance of the Thanksgiving Day Holiday on Thursday, November 26 and Friday, November 27, 1998. Mayor Taylor made this announcement. B. Presentations: MEETTNG MTNUTES REGULAR CZTY COMMZSSI'ON BOYNTON BEACH~ FLORZDA NOVEMBER 17, 1998 1. Proclamations: a. Bible Week- November 22 - 29, 1998 Since there was no one present to accept the Proclamation, Mayor Taylor announced that the week of November 22-29, 1998 is proclaimed "Bible Week" in the City of Boynton Beach, and requested that City Clerk Sue Kruse forward the Proclamation by mail. Presentation from Paint Your Heart Out of Palm Beach County, Tnc. to the City of Boynton Beach, by Wilfred Hawkins and Octavia S. Sherrod. At the podium, Octavia Sherrod, Community Redevelopment Coordinator, recognized volunteers who participated in National Make a Difference Day on October 24th. The participants included youngsters and their teacher, Ms. Deborah Young, from Congress Middle School who deweeded and replanted plants at Seacrest Court. Hank Ackermann supervised this group. Six homes were painted and were sponsored by corporations that paid $1,000 or more. City staff painted two of the homes. Ms. Sherrod recognized Commissioner Nellie Denahan and Code Compliance Division staff including Scott Blasie, Courtney Cain, Skip Lewis, Mike Melillo, Pedro Rocca and Willie Webb. Also involved were Chris Mitchell and Debbie Reamsnyder from the Community Redevelopment Division along with Ms. Sherrod, her husband, son and daughter. Facilities Management Division participants included Paula LeBlanc and her family, Fabian Proano and Bernard Russell..]essica Ramirez from Occupational License, Dan DeCarlo from Planning & Zoning, Vicki Rogerson and Stephanie Soplop from Public Works also participated. Special recognition was given to the Milton Russell, President of Florida Builders, ~[nc. who has participated in this event for the past three years. Ms. Sherrod advised that a plate would be added to the City's plaque. She also distributed T- shirts to the Commissioners. Wilfred Hawkins, Manager of Support Services, recognized Octavia Sherrod, who has spearheaded this program for the past three years and works very hard on it each year. Mayor Taylor thanked staff for their participation and feels the adult participation is a great example for our children. TV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of November 4, 1998 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget MEETZNG MI'NUTES REGULAR CL'I'Y COMM'rSSI'ON BOYNTON BEACH,, FLORZDA NOVEMBER 17, 1998 Approve purchase of desktop computers in the amount of $59,496 and laser printers in the amount of $21,600 for various departments by piggybacking a contract from Metro Dade County through Entex Information Systems. Approve purchase from state contract from New Holland North America an industrial tractor loader for Parks Dept. (Replacement for $24,944) and an upgrade industrial tractor loader backhoe for Streets Dept. (New for $34,199), for a total purchase amount of $59,143. C. Resolutions: Proposed Resolution No. R98-186 Re: Acceptance of letter of credit No. S163244 from First Union Bank in the amount of $95,306 as surety for water and sewer improvements to serve the American Retirement Corporation site. Proposed Resolution No. R98-187 Re: Agreement with Palm Beach County School District for vocational education program. Proposed Resolution No. R98-188 Re: Approve second amendment to reciprocal parking agreement for Riverwalk Shopping Plaza D. Ratification of Planning & Development Board Action: Grove Plaza (Donna West, Agent) - Southeast corner of Hypoluxo & Lawrence Roads - Request for modifications to the previously approved master plan to reconfigure lot lines to create a separate common area tract, modify Parcel A from 7500 sq. ft. of retail/pharmacy to a 2960 sq. ft. convenience store/gas station, modify Parcel C from 4500 sq. ft. of retail to 6540 sq. ft. of retail, modify Parcel D from 6500 sq. ft. of retail to 9000 sq. ft. of retail, add turn lane and change the southerly driveway. This item was tabled to the December ist meeting. Atlas Party Rental (Ron Kent, ]ack Lupo Realty, Agent) - High Ridge Commerce Park and Cedar Ridge Road - Request approval to amend the list of permitted uses for the High Ridge Commerce Park Planned Industrial Development to include storage and rental of party supplies. Approval of expenditure from the Law Enforcement Trust Fund in the amount of $700 to donate to the Juvenile Transition Center, Inc. to fund transportation and accommodations for a trip to Orlando to attend the Educational Fair. Approval of SHIP funds in the amount of $15,421.37 to Annette Hardimon to purchase property located at 1635 N. Seacrest Blvd. MEETZNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLORTDA NOVEMBER 17~ 1998 Approve emergency purchase of a Flygt Submersible Pump for Lift Station #708 from Ellis K. Phelps in the amount of $19,200 Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda. seconded the motion that carried unanimously. Mayor Pro Tern Tillman V. CTTY MANAGER'S REPORT: Approve expenditure of $2,000 of Law Enforcement Trust Funds to We Change Foundation City Manager Willis advised that this item would authorize approval of expenditures from the Law Enforcement Trust Fund to assist the We Change Foundation with printing and other operating costs. Motion Commissioner Denahan moved to approve. Mayor Pro Tern Tillman seconded the motion that carried unanimously. B. Consider Landscape & Signage Improvements on Nonconforming Properties Mike Rumpf, Acting Planning & Zoning Director, reported that the ad hoc committee has made a great deal of progress. Field visits were made. Mr. Rumpf explained that Code regulations are often fairly restrictive in terms of landscaping. Properties developed before current Code requirements greatly contrast to newer sites. The City is seeking a way to make minimum improvements to these sites. In an effort to upgrade these sites to a minimum standard, we have developed a 15-step procedure to address landscaping and signage improvements. The ad hoc committee reviewed the procedure and had various comments. Tn addition, they reviewed a draft Ordinance for codification of these procedures. Concerns expressed were as follows: 1. What should be the ad hoc committee's role from this point forward? The procedures, as drafted, assume a continued role for the ad hoc committee. However, this committee was appointed for a 90-day period. There was discussion about the formation of a review committee to include some members of the ad hoc committee and staff. The issue of approval or denial of a request is also being discussed further by staff. Since staff views this process as a win-win situation, the intent is to make everything work. Staff is still debating how to accomplish this. At this point, the thought would be to look at each project to see what could be accomplished minimally. HEETTNG MZNUTES REGULAR CTTY COMHZSSTON BOYNTON BEACH~ FLORZDA NOVEMBER 17, 1998 The ad hoc committee would like to see more substantiated funds. There is an issue regarding whether this program should be part of the shared funds or an independent process. The relationship with the sign program improvements is also still being discussed. Staff believes the signage could be addressed in a similar way; however, more consideration is needed on this item. The committee was excited that improvements could be made with minimum red tape. Once a permit process is established, or even minimum regulations connected to this program, it could become a bureaucratic process. The committee feels guidelines would be the best and quickest route for this process. The committee would like to see the outcome of the test cases for the purpose of testing the process. Delaying the codification past those points would allow for review of how the pilot projects worked. In addition, this would eliminate the need to amend the Ordinance. Vice Mayor .laskiewicz reported that the cooperation between staff and the committee was tremendous. Every relevant department in this process was represented at the committee meetings. Vice Mayor .laskiewicz recalled that when the Commission organized the ad hoc committee, the term was limited to 90 days. She requested the following: That the commission reconsider this term limit in order to allow the committee to meet again on December 9th; In addition, she also asked that the Commission consider eliminating the ad hoc committee after December 9th in favor of a review board consisting of two or three ad hoc committee members and staff. The staff members would be the project managers for each project. That the funding for this process be completely separate from the funding for the Facade Improvement Grant Program. She requested that another funding source be determined. The ad hoc committee would like to review the Ordinance and be afforded an opportunity for input. Mayor Pro Tem Tillman questioned whether or not the test cases would be available before the next proposed meeting of the ad hoc committee. Vice Mayor .laskiewicz and Mr. Rumpf responded negatively, but explained that some visual things will be happening. Mayor Pro Tem Tillman feels the guidelines must be defined so that there is different criteria for large versus small properties, Vice Mayor 3askiewicz questioned whether it would be possible to amend our Appearance Code to includes these existing properties since that Ordinance addresses commercial as well as MEETI'NG HINUTES REGULAR CITY COMI~IT$S'rON BOYNTON BEACH, FLORTDA NOVEI~IBER 17, 1998 residential property. Attorney Cherof advised that the criteria could be blended into the Appearance Code. With respect to the suggestion to separate the funding for this program, Mayor Taylor pointed out that the Commission only recently expanded the Fa~;ade improvement Grant Program to include landscaping, signs and irrigation. The Fa(;ade Tmprovement Grant Program has never been totally depleted. He questioned the need to separate the funds. Dale Sugerman, Assistant City Manager, advised that when the regulations for the Fa~;ade Grant improvement Program were rewritten, staff was attempting to help property owners make improvements to their landscaping and signage in the CRA in addition to the facades of the buildings. The Fa~;ade improvement Grant Program is designed to improve the exterior of the buildings, in an effort to be responsive to the community, staff attached an additional $2,500 to be used for signage and landscaping in anticipation of the new Ordinance. The Fac;ade Grant :Improvement Program now has $5,000 to be used on the fa(;ade and $2,500 that can be used for signage and landscaping. Staff attempted to link two programs through a mechanism that was in place in order to respond to the community. Wilfred Hawkins, Manager of Support Services, explained that the intent of the fagade program is to allow people to use City dollars to bring buildings up to Code. This new program may not be as restrictive, if the new program allows more flexibility, it probably should be separated. Under the Fa(;ade improvement Grant Program, the City requires that the properties comply with Code and inspections are required. in response to Mayor Taylor, Vice Mayor .laskiewicz agreed with staff's recommendation to go through a trial program prior to enacting an Ordinance. Mayor Taylor asked for the Commissioners' opinion with respect to continuing the ad hoc committee. Vice Mayor .laskiewicz recommended allowing one more group ad hoc committee meeting and then disband the group and form a small committee of not more than three community members to work with staff. This group would identify potential projects and assist property owners through the process. Mr. Hawkins pointed out that the bureaucracy could be eliminated if the property owners were provided with assistance rather than a review or approval process. The committee members and staff should work with the applicants to ensure success. The philosophy of the program could be that anyone who comes into the program is preparing to be accepted. Therefore, there would be no need for rejection. With this in mind, Mayor Taylor recommended calling this group an ":Implementation Subcommittee" made up of volunteers from the ad hoc committee. Mayor Pro Tem Tillman questioned whether people involved in the Fagade improvement Grant Program would also be eligible for the signage and landscaping program. Mr. Hawkins reported that they would ail be eligible for that type of assistance because they are in the older area of the City. Mr. Sugerman recommended that the Commission make the decision in this regard since approval would allow people to secure dollars from both funds. He explained that people who I~IEE'I'ZNG HTNUTES REGULAR CTI'Y COPlI~IZSSZON BOYNTON BEACH~ FLORZDA NOVEMBER 17, 1998 are good at completing applications and getting grant funds are very good at getting them quickly and easily the second time. Therefore, the Commission may want to consider whether or not this would be appropriate. Vice Mayor .]askiewicz recommended establishing a priority method. Vice Mayor .laskiewicz advised that one of the property owners who agreed to voluntarily participate in this improvement program was not aware of any grant funding, but was still happy to participate. The City promised this property owner sweat equity. Mr. Hallahan is working on the design and Public Works is cutting out macadam. Therefore, the success of this program will be aided by the funds, but it is not dependent on the funds. Commissioner Titcomb pointed out that many property owners, especially the smaller property owners, would be happy to upgrade their properties if they could get the assistance that comes with high-paid consultants on larger jobs. Commissioner 'l~tcomb would support extending the term of the ad hoc committee so that they can meet on December 9th, but would not support extending it indefinitely. He also expressed concern about mixing committee members with staff operations internally. He would prefer creating a special project permit team on staff that would look at these projects. The ad hoc committee can later review this team's performance and make changes if necessary. Commissioner Titcomb would also like feedback from the community beyond this committee because there are many properties that would benefit from this assistance. Vice Mayor Jaskiewicz advised that this program would be publicized in our next ~4:~/o/7~ /Ve~,$ a/Td i//'ew$ newsletter. She would like an entire page of the newsletter devoted to this program. Mayor Taylor said he would be more comfortable if these projects were sent directly to staff rather than a committee because some of the committee members might want to apply for assistance. He further recommended that if this is a separate program, establishment of a dollar limit that the City is willing to match per project is required. Consensus There was consensus of the Commission to bring this issue back at the next meeting. VT. PUBLIC AUDTENCE: None Vt.]:. PUBLt.C HEARt.NG: Project: Agent: Location: Description: 7-Eleven at Grove Plaza Donna West, Carnahan-Proctor & Associates, :[nc. Southeast corner of Hypoluxo Road & Lawrence Road Conditional use to build a convenience store with gasoline sales This item was postponed at the request of the applicant. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLORIDA NOVEMBER 17~ 1998 VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Public/Private Partnership on Boynton Beach Boulevard Promenade 'Commissioner Titcomb advised that several members of the community approached him with the idea of a public/private partnership with regard to the Boynton Beach Boulevard Promenade. He reminded the Commissioners of the CRA's recent action to appropriate funds for redevelopment projects. One of those projects is the Boynton Beach Boulevard Promenade. During the last workshop meeting, there was discussion about staff creating design plans for various projects. From information received from the community, Commissioner Titcomb began focusing on the intersection of Boynton Beach Boulevard and Federal Highway. The timing might be such that multiple properties in the area as well as plans for Boynton Beach Boulevard Promenade may be able to be married together through a public/private partnership due to the potential to implement the first quarter of the Boynton Beach Boulevard Promenade. This is the area of the promenade where the City will have the most involvement (the marina quadrant and the drainage ponds). Commissioner Titcomb requested feedback from City Attorney Cherof regarding the possibility of looking at a public/private partnership to help seed, with the funds already appropriated, the start of the Boynton Beach Boulevard Promenade at the western end. This could create a statement for the downtown area. This could work in conjunction with private developers who would consider buying properties and helping renovate the area in turn for incentives. Attorney Cherof explained that there are a number of different models that would be appropriate. By the next meeting, he will gather a list of public/private projects and determine the amount of public dollars involved. Commissioner Titcomb clarified that the area he is referring to would be the area that was discussed for a family fountain and a convertible street where Boynton Beach Boulevard crosses over Federal Highway and east for approximately one or two blocks. Mayor Pro Tem Tillman was agreeable, but felt the private sector should bring forth ideas for the City to review. He does not feel the City should lay out any design or idea for a private firm to use for its profit or benefit. However, he does believe the City should investigate public/private partnerships. MEETTNG MTNUTES REGULAR CI'TY COHHTSSTON BOYNTON BEACH, FLORI'DA NOVEMBER 17, 1998 Commissioner Titcomb said he would like to review a developer's agreement that spells out the legalities of public and private concerns. He does not support creating visuals or conceptuals to turn over to a developer. There is a 60' right-of-way between the two commercial properties that straddle Boynton Beach Boulevard. We have enough space to build a scaled-down version of the promenade without affecting the properties. In the workshops and visioning statements, there was discussion about taking some of that property to extend the prominence of the promenade. In helping to seed and procure the properties, we could trade off more property as an incentive to make changes that are grander at the head of the promenade. Vice Mayor Jaskiewicz was of the opinion that this was to have a wider promenade and property acquisition was always part of the plan. This promenade was never intended to be 60' at the referenced location. Mayor Taylor realized that if there is a developer who brings forth plans and asks how the City could assist with incentives, the City would have leverage. The City could then work with the developer with respect to permitting fees rather than the City having to take the property. He feels the City could benefit from such a partnership. Commissioner Denahan feels these ideas are excellent suggestions, but felt this discussion should take place during a CRA meeting rather than during the City Commission meeting. She recommended that the City Attorney bring back the information at a meeting of the CRA. Attorney Cherof stated he would gather the information and send it to the CRA members. XI'. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 098-42 Re: Providing breakfast establishments as a conditional use. for bed and Attorney Cherof read Proposed Ordinance No. 098-42 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve. Mayor Pro Tem Tillman seconded the motion. Commissioner Denahan noted that the language in Section 7a and Section 10 is ambiguous. She recommended that the language be clarified. Attorney Cherof advised that the word "food" should be added before the word storage in the first sentence. With respect to the issue of cooking, there is an inconsistency between the two sections. However, Attorney Cherof was not aware of staffs intent with respect to Section 10. Mr. Rumpf advised that the cottage concept is allowed in other zoning districts. That concept lO MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 17, 1998 allows a kitchenette. Staff is attempting to avoid that concept in the residential districts. Mr. Rumpf believes this Ordinance was tailored to address two different circumstances. He also added that this cottage concept only exists along US #1. Attorney Cherof recommended that the Commission table the Ordinance to allow him an opportunity to clarify the language. He will bring this item back at the next meeting. Motion Commissioner Denahan moved to table. Commissioner Titcomb seconded the motion. Vice Mayor Jaskiewicz pointed out that this would be a conditional use and all requests would have to come before the Commission for approval. Attorney Cherof agreed, but felt there was a need to tighten the language. The motion carried unanimously. B. Ordinances- 1~t Reading 1. Proposed Ordinance No. 098-43 Re: Landscaping and Signs This item was addressed under City Manager's Report. 2. Proposed Ordinance No. 098-44 Re: Amendment to Personnel Procedures Manual Attorney Cherof read Proposed Ordinance No. 098-44 by title only. Motion Commissioner Titcomb moved approval. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 098-45 Re: protection and prevention. Revision to Chapter 9, Fire Attorney Cherof read Proposed Ordinance No. 098-45 by title only. Motion Commissioner Titcomb moved approval. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 098-46 Re: Alarms Revision to Chapter 2.5, Fire Attorney Cherof read Proposed Ordinance No. 098-46 by title only. l! MEETING MINUTES REGULAR C~TY COMMISSION BOYNTON BEACH, FLOI~DA NOVEMBER 17~ 1998 Motion Commissioner Titcomb moved approval. Vice Mayor .laskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other Authorize public hearing to grant modification of LDRs to relieve Hunters Run of the necessity of seeking individual variances to adjust setbacks necessitated by golf course improvements Attorney Cherof advised that this is a request of the President's Association of Hunters Run. They undertook a major golf course renovation project and after surveying was completed, it was determined that there are encroachments of the course onto private pods of land and encroachment of private pods onto the golf course. There is no definitive line between the golf course and private property. There are structures at the rear of the private properties that encroach upon setbacks. The President's Association has contemplated mutual easements. However, the issue of the variances involves the City. The setback encroachments could constitute deed and conveyance problems in the future. They would like to clear up this problem all at once rather than have to bring each variance application forward individually. There is a provision of the LDRs that allows the Commission to look at a unique condition in a controlled community and deviate from the strict provision of the LDRs. The Commission would be permitted to grant a blanket variance for all of the properties rather than address each one separately. Attorney Cherof explained that if the Commission was comfortable with the request, a public hearing would be set and a Resolution would be prepared that would grant the request of the President's Association. This is the first time this concept is being attempted by the Commission. This would allow the City to extract itself from involvement in disputes of property owners in controlled communities. Motion Commissioner Titcomb moved to authorize the public hearing. seconded the motion that carried unanimously. Mayor Pro Tem Tillman Approve second addendum to the Settlement Agreement for Woolbright PCD Attorney Cherof reported that back-up information was not ready with respect to this issue; however, negotiations between staff and Mr. Scharlin have been finalized and he requested that the Commission endorse the agreement. The provisions are as follows: 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA NOVEMBER 17, 1998 The City will acquire 10 acres of property at the north end of the Tradewinds area. This property is needed by Utilities for drainage. The owner agreed to the purchase price negotiated by Mr. Sugerman. It also deals with access points along the industrial access road behind the Home Expo Center all the way to SW 8th Street. This would authorize additional access points subject to staff approval and subject to existing Codes. This addendum also closes out a long discussion of how many signs are permitted on the property. They have agreed to limit the signage to one additional sign, limited to 300 square feet. At this point~ Mr. Suqerman stated his belief that the siqnacje is limited to only one siqn larqer than what is currently existinq - not one, additional slain. Attorney Cherof stated staff would clarify this provision. These negotiations will close all open areas of dispute with respect to the development of the Tradewinds property. When Mayor Taylor questioned whether or not this addendum included the extension of the road, Attorney Cherof advised that the earlier agreement provided the funds to be set aside to handle that when the railroad crossing is approved. Mayor Taylor recalled that when The Home Expo Center was approved, that approval included the completion of the road extension. Attorney Cherof and Mr. Sugerman confirmed that the road is completed all the way to 12' short of the railroad track. There are funds set aside by The Home Expo Center for that last :[2' of roadway. In response to Vice Mayor .laskiewicz' question, Mr. Sugerman advised that this drainage pond will drain Tndustrial Avenue. The entire cost of the Industrial Avenue drainage project is $:[.6 million. At present, we have only $700,000 plus the cost of acquiring this land. We will not be able to complete the drainage system since there is not enough money available. Commissioner Titcomb inquired about the originally intended development of this property. When Mr. Sugerman advised that the original intent was residential housing, Commissioner Titcomb asked about the density numbers. Attorney Cherof advised that we are not trading off the density numbers and we will get the density that is attributable to those ten acres. This site is at the northeast corner of the site. The document will be presented at the next City Commission meeting. 3. Policy Direction regarding advisory board officers Attorney Cherof reported that because of the language of the Ordinances, it appears that alternate members of advisory boards could serve as chairperson. Since this could cause 13 MEE'I'ZNG MINUTES REGULAR ClTY COMMISSION BOYNTON BEACH, FLOR.TDA NOVEMBER 17, 1998 problems, he recommends that a blanket Ordinance be prepared allowing only regular members to serve as chairperson of a board. Mayor Taylor also noted that on more than one occasion, a board has attempted to move up an alternate member to a regular position. This is a City Commission function. Attorney Cherof will include a clarification that board members are appointed only by the City Commission. 4. 240 North Congress Avenue - Release of Lien The City received a letter from the Attorney who represents the property owner at 240 North Congress Avenue (Zuccarelli's Restaurant). The tenant left the property owing 'approximately $80,000 in rent and $3,500 in utility bills. Tn addition, they had a Code Enforcement lien against the property of approximately $8,000. There is currently a transaction pending for the sale of the property and the property owner has requested a release of lien. They offered to settle the lien dispute for $2,500. The City would have to execute a Release of Lien to receive that $2,500. Mr. Blasie reviewed this matter and found it to be appropriate. Motion Vice Mayor .laskiewicz moved to approve. Mayor Pro Tem Tillman seconded the motion. Commissioner Titcomb questioned why this did not go through the Code Compliance Board. Attorney Cherof explained that a timing issue is involved and staff understood that it was the tenant who was responsible for the violation. Commissioner Titcomb explained that almost every case that comes before the Commission cites something the tenant did as a reason for reducing the lien. He requested that he be provided with information on the proposed buyer of the property and stated his discomfort in waiving this lien. Mr. Blasie said the amount of the lien was $8,050 plus $634.12 in administrative costs. Zuccarelli's never got their Occupational License. The tenant and property owner were both served with a Notice of Violation and it was processed through the Code Compliance Board. Mr. Blasie confirmed that other requests such :as this have been processed through the City Attorney's Office in the past. Commissioner Titcomb questioned how this restaurant was permitted to operate without an Occupational License. Mr. Blasie explained that they were trying to gain their license. Mr. Blasie is not certain, however, that the tenant ever had the full intention of completing the license process. The only other action we would be able to take to close out this case would be an injunction. The motion carried 4-1. (Commissioner Titcomb dissented.) 14 MEETING MTNUTES REGULAR CITY COMMISS1'ON BOYNTON BEACH, FLORIDA NOVEMBER 17, 1998 XII. UNFINISHED BUSINESS: None XIII. OTHER: None XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at $:00 p.m. A-I-FEST: erk puty City Clerk (Two Tapes) C1TY OF BOYNTON BEACH ]5