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Minutes 08-18-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 18, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley ]askiewicz, Vice Mayor Henderson 'l~llman, Mayor Pro Tem Jamie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk' I. OPENINGS: Call to Order- Mayor Jerry Taylor Invocation - Reverend Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:32 p.m. led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Following the invocation, Mayor Taylor Attorney Cherof requested the addition of Item XI.D.4, "Update on Pond B Acquisitions". Commissioner Titcomb requested that Item IV.C.2 be removed from the Consent Agenda for discussion 2. Adoption Vice Mayor Jaskiewicz moved to approve the agenda as amended. seconded the motion that carried unanimously. II, A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Commissioner -l~tcomb Length of Term Board Expiration Date Mayor Taylor I Titcomb II Denahan I Titcomb I Titcomb Bldg. Bd. Of Adj. & Appeals Code Compliance Board Code Compliance Board Education Advisory Board Planning & Development Board Alt :L yr term to 4/99 Alt :L yr term to 9/98 TABLED-2 Reg 3 yr term to 9/99 TABLED-2 Stu 1 yr term to 4/99 Alt 1 yr term to 4/99 TABLED-2 MEETING MINUTES REGULAR CZ'I'Y COMMI'SStON BOYNTON BEACH, FLORIDA AUGUST 18, 1998 Motion Commissioner Titcomb moved to remove Commissioner Denahan's Code Compliance Board appointment from the table. Mayor Pro Tern Tillman seconded the motion that carried unanimously. Commissioner Denahan appointed Chris DeLi$o as a regular member of the Code Compliance Board. She thanked him for his continued service. Motion ViCe Mayor ]askiewicz moved to remove Commissioner Titcomb's Planning & Development Board appointment from the table. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Commissioner Titcomb appointed Fran Cleary as an alternate member of the Planning & Development Board. City Clerk Sue Kruse advised that Ms. Cleary is an alternate member of the Cemetery Board. She can submit her resignation from that board to become a member of the Planning & Development Board. Motion Commissioner Denahan moved to approve the appointments as stated and table all remaining appointments. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: T.N.T. Concert @ Oceanfront Park on Friday, August 28, 1998 from 5:00 p.m. to 8:00 p.m. - The Retro Rockets (Classic Rock & Rock-a-billy) Mayor Taylor announced that the T.N.T. Concert would be held at Veteran's Park. He further announced that all future T.N.T. Concerts would be held at Veteran's Park. City Commission Workshop Meeting to discuss Boynton Terrace Apartments - Wednesday, September 2, 1998 @ 6:30 p.m. - Commission Chambers Mayor Taylor made this announcement. The first regular City Commission Meeting in September & First Budget Public Hearing will be held on THURSDAY, SEPTEMBER 3, 1998 @ 6:30 p.m. in Commission Chambers MEETTNG MINUTES REGULAR cTrY COMMZSSTON BOYNTON BEACH~ FLORIDA AUGUST 18~ 1998 Mayor Taylor made this announcement. ,, A Neighborhood Summit meeting will be held on Monday, August 24, 1998, in the Library Program Room at 7:00 p.m. Mayor Taylor made this announcement. B. Presentations: 1. Proclamations: a. "Literacy Awareness Month" - September, 1998 Mayor Taylor read a Proclamation declaring the month of September, 1998 as, "Literacy Awareness Month'; and presented it to Mark Burger, President of the Palm Beach County Literacy Coalition. Mr. Burger said the Palm Beach Literacy Coalition would provide assistance or information to anyone who calls 1-800-273-1030. :IV. CONSENT AGENDA: A. Minutes: 1. Special City Commission Meeting of .luly 27, 1998 Commissioner Denahan requested an addition to the second paragraph under "Discussion" on Page 12. The sentence should read as follows: "He enumerated~he City Commission'~ goals for fiscal year 1998/99 as recommended by the C/ty I~anager as fo/lowm" 2. Regular City Commission Meeting of August 4, 1998 Motion Mayor Pro Tem llllman moved to approve as amended. Vice Mayor Jaskiewicz seconded the mOtion that carried unanimously. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Approve piggybacking the State of Florida purchasing contract to purchase a tape logging system from Milner Business Products in the amount of $31,200. (Reimbursable by Palm Beach County 911 funds) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA AUGUST 18, 1998 Approve piggybacking the City of Delray Beach bid for the annual supply purchase of 21 submersible wastewater pumps from Southeastern Pump in the amount of $30,584. Approve purchase of road construction materials from Tenex Enterprises, Tnc. and Austin Tupler Trucking, Tnc. at an estimated annual expenditure of $45,135. Approve purchase of 15 power control units from Data Flow Systems in the amount of $24,916.50. Approve purchase of hydraulic crane with boom and hydraulic outrigger from Auto Crane Company in the amount of $10,099.64 with installation by Fontaine Truck Equipment in the amount of $3,395. Approve purchase of SelfCheck Library System from 3M in the amount of $29,145. Resolutions: Proposed Resolution No. R98-135 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action: Authorization for the Executive Director to contract with a third party to complete work at the Metering Stations of the Golf Courses for the Northwest Reuse Project not to exceed $40,000 with reservation of all rights with no admission of liability; Authorization to expend $65,000 from Sinking Fund to make emergency repair to conveyer on south centrifuge; Authorization to expend $3,500 from Sinking Fund to make emergency repairs on #3 Reuse System south pump; Authorization to decrease .~.3. Kirlan's contract for the Northwest Reuse Project from $4,676,059 to $4,668,325.80 to cover ($7,733.20) of Change Orders, grant extension of time to 130 days and to make final payment once punch list is complete and invoice is approved by Brown & Caldwell; Authorization to decrease RTC-MAN's contract for the Northwest Reuse Project from $2,574,918 to $2,495,595.20 to cover ($79,322.80) of Change Orders, grant extension of time to 99 days, and to make final payment once punch list is complete and invoice is approved by Brown & Caldwell; Authorization to expend $7,000 from Sinking Fund to replace aeration fountains in the lakes in front of plant; Authorization to accept 1998/99 O&M Budget, and repair and replacement expenditures (Sinking Fund); and MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 18, 1998 Authorization to establish user rate to cities for Fiscal Year 1998/99 as follows: 1998199 Operations & Maintenance Ocean Out-fall Sinking Fund $0.5805/1,000 gal. $0.0030/1,000 gal. $0.1120/1,000 gal. Total $0.6955/1,000 gal. Proposed Resolution No. R98-136 Re: Approval of interlocal agreement with School Board of Palm Beach County providing for a partnership to place enhanced state of the art, computer based video technology in Congress Middle School. Proposed Resolution No. R98-137 Re: Approval to renew group insurance coverages with Blue Cross/Blue Shield of Florida-Health Options for health insurance, MetLife for dental insurance and CIGNA for group life and group long-term disability insurances. Proposed Resolution No. R98-138 Re: Approval to enter automated clearinghouse service agreement with NationsBank to allow implementation of direct deposit program. Ratification of Planning & Development Board Action: Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain linked fence along the south property line in lieu of the required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. (POSTPONED FOR 60 DAYS AT 6/16198 MEE'I'ZNG) Day Care Uses Accessory to Churches (Bishop Sylvester Banks) - Request to amend the Land Development Regulations, Chapter 2, Zoning, to allow day care as an ancillary function to a church located in R-l-AA zoning districts (POSTPONED FROM 7/21/98 MEE'I-~NG) Site Plan for Quantum Park (Roscoe Biby) - Request for site plan approval to construct a 45,488.23 square foot, 104-room three-story hotel building and related parking Approve Library Long-Range Plan MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 18, 1998 Approve Housing Rehabilitation Case #4-97-016/.luan & Anna Lopez in the amount of $11,938.50 including $568.50 which represents a 5% contingency for unforeseen problems Motion Mayor Pro Tem lillman moved to approve the Consent Agenda with the exception of Item C.2. Commissioner 'ntcomb seconded the motion. Mayor Taylor reminded the Commissioners of staff's recommendation to delete Item D.1 from the agenda since it has been postponed for more than 60 days. The motion carried unanimously. CONSENT AGENDA FOR DISCUSSION: C,2, Proposed Resolution No. R98-136 Re: Approval of interlocal agreement with School Board of Palm Beach County providing for a partnership to place enhanced state of the art, computer based video technology in Congress Middle School When Commissioner Titcomb asked for clarification of the legality of transferring funds for this purpose from the Poinciana School land acquisition purchase, Attorney Cherof explained that he check with the Finance Department, and the funds are on deposit, unencumbered and available for transfer. Diane Reese, Finance Director, explained that when the funds for Poinciana Elementary were set up, the interlocal agreement required us to put aside $500,000 and include an additional $100,000 from the City. Therefore, $600,000 was set aside for Poinciana. We owe the School Board only $500,000; therefore, the $100,000 is available for transfer to Congress Middle School. We have not paid the $500,000 to the School Board yet, but they do not expect the figure to exceed $500,000. Vice Mayor ]askiewicz questioned whether or not the possibility exists where we might need that $100,000 for other acquisitions. Ms. Reese responded affirmatively but explained that we would have to draft another interlocal agreement because the original agreement stated we would spend $500,000. Mayor Taylor expressed his concern about setting a precedent by purchasing school equipment. These types of purchases are normally funded through the School Board. In addition, the taxPayers of this City already pay the school tax. By using CIP funds, this is a double hit on the taxpayers. Mayor Taylor also pointed out that the back-up information does not indicate that the City owns any of the equipment that would be purchased with this $100,000. Therefore, w~ would have no way of preventing the School Board from moving the equipment to a school in another location. City: Manager Willis explained that staff's intention was to avoid the ownership issue so that we woluld not have to insure the equipment or incur the liability of replacing the equipment if MEET'LNG M'rNUTES REGULAR CI'TY COMMI'SS'rON BOYNTON BEACH,, FLOR]:DA AUGUST 18~ 1998 something happens to it. City Manager Willis did not want to purchase the equipment and then lease it back to the School Board. Tnstead, she would rather see the City make a donation for the specific purpose of purchasing equipment and receive a commitment from the School Board that they would not transfer the equipment. Commissioner -I~tcomb would like to see specific language in the agreement so that if the magnet program were to be closed down after two years, or if they decided another school needed the equipment more than Congress Middle School, the School Board would not be able to transfer the equipment. Tn addition, he referred to Sections 3.1.3 and 3.1.4 regarding indemnification and insurance coverage issues. He asked for clarification of the liability being added to the City and removed from the School Board, and questioned the relationship between those issues and computer equipment. Attorney Cherof advised that these issues relate to the corresponding use that the City has with Congress Middle School on two occasions per year. The indemnification is limited to that use. City Manager Willis added that this is fairly standard with the School Board joint use agreements where we share facilities. Tt was confirmed by City Manager Willis that the City does not have to maintain the equipment. The equipment is limited to use by the City and the public when the City invites the public onto the property for the two annual meetings. The insurance provision is already covered under a blanket insurance policy the City has in effect. Mayor Taylor questioned whether the School Board is definitely committed to this program at Congress Middle School. Steve Sills, Principal, Congress Middle School, explained that there is no history of magnets being started and terminated in a short time span. The School Board is committed to reviewing and evaluating the effectiveness of magnet programs. The School Board has been working very hard to put together the curriculum for the math/science magnet program for Congress Middle School. The equipment will directly support the needs of the students. However, Mr. Sills said he did not have the authority to make a five-year commitment. Mayor Taylor pointed out that Page 5 of the Interlocal Agreement sets out the School Board's obligation to commence the magnet at Congress Middle School at the start of the 1998 school year and continue it for no less than five years. Mr; Sills advised that the District has already ordered between 100 and 110 computers. The money being provided will provide additional computers. Vice Mayor Jaskiewicz is fearful that many of the Boynton Beach students that have been attending other schools in the City will be shut out of Congress Middle School since the magnet schools must draw from all areas. Mr. Sills explained that for this year, the identical school boUndaries have been maintained. While magnets are designed to serve students from other ar~as in the District, all of the students that completed sixth grade at the completion of last semester and planned to go on to Congress Middle, will be attending Congress Middle School. MEETZNG MZNUTES REGULAR CZTY COMMZSS~ON BOYNTON BEACH~ FLORZDA AUGUST 18~ 1998 All students in the school will be part of the math/science technology program. Plumosa Elementary, Forest Park Elementary, Galaxy, Rolling Green and Citrus Cove are feeder schools for Congress Middle. Congress Middle School will also serve all fifth-grade students from Poi,nciana Elementary who complete the program and want to continue in the program. Motion Commissioner Titcomb moved approval of Item C.2. Mayor Pro Tem Tillman seconded the motion. Attorney Cherof recommended the following two amendments: :L. Paragraph 3.1.2 should read as follows: Provide to the School Board for use of Congress Middle School, the hardware and software referenced in Paragraph 3.:L.:L above. Tn the event the School Board does not implement and maintain the math/science technology magnet program at Congress Middle School, the hardware and software shall be returned to the City. 2. The word "lease" should be deleted from Paragraph 3.2.2. Commissioner Titcomb and Mayor Pro Tern Tillman accepted the amendment to the motion. Mayor Taylor advised that he would support this request with the reservation that he is somewhat concerned about buying equipment for the School Board. However, he feels this will bethe middle link between Poinciana Elementary and the new high school. Commissioner Titcomb had similar concerns but feels this will translate into $20,000 a year over five years to predominantly Boynton Beach-served students. Tn addition, the quality of schools has a direct impact on economic development. The motion carried 5-0. V. CTTY MANAGER'S REPORT: A. Schedule Executive Session for ~,FF - Union Local 189:~ City Manager Willis advised that the purpose of this Executive Session is to discuss collective bargaining agreement with IAFF. There was a consensus of the Commission to conduct the Executive Session immediately following the regular City Commission meeting on Thursday, September 3, 1998. MEET'rNG M'rNUTES REGULAR C'rTY COMM'rSSTON BOYNTON BEACH, FLORTDA AUGUST 18, 1998 VZ. PUBLI'C AUDI'ENCE: None VZi'. PUBLTC HEARTNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS A. Project: Agent: Owner: Location: Description: Lakeside Addition Alley Abandonment (Bauer Family) Michael Bauer Rosa A. Bauer, Trustee 811 North Federal Highway Request for approval to abandon a 20.18' wide alleyway lying westerly and adjacent to Lots 12, 13, 14, 15, and 16, less the east 17' of Lots, Block 1 of the Lake Addition Attorney Cherof administered the oath to Michael Bauer, who had no comments to offer. In response to Vice Mayor ]askiewicz, Mike Rumpf said this abandonment is an extension of the previously approved abandonment. He had no additional comments to offer. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ABANDONMENT, Motion Vice Mayor ]askiewicz moved to approve. Mayor Pro Tem Tillman seconded the motion that carried unanimously. B. Presentation & Adoption of Final Visions 20/20 Report Attorney Cherof advised that Item XI-B.2 is an Ordinance on first reading that is relevant to this item. Motion Vice Mayor ]askiewicz moved to reorder the agenda to move up Item XI-B.2 to follow this presentation. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Henry Iler, Duncan and Associates, said a brief presentation would be made with an opportunity for questions from the Commission and the public. The final report will be submitted within two weeks. He advised that he would review the implementation, Hank SkOkowski would review the boards and Michael Bradley would review the marketing plans. Hank Skokowski said the consultants attempted to incorporate as many ideas as possible. Hei displayed graphics. One of the earlier composites reflected the Town Square area with City MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH`, FLORIDA AUGUST 18,, 1998 Hall and the Library that create an urban-like setting. Mr. Skokowski said he realizes the important historical value of Ocean Avenue. The new bridge will be built that will focus dollars in the downtown. He is hopeful that the old historic 500 Block is high on the Commission's list of priorities for revitalization. There are people who want to do things in this area and Ocean Avenue is the link. Boynton Beach Boulevard has major significance and a number of different thoughts have been developed and reflect on the terminus of that roadway. The Boynton Beach Boulevard Promenade will be a "convertible street". It will be for pedestrians at times and for vehicles at other times. Building the Promenade in the right way would be very expensive since there are environmental issues that need to be addressed as well as bulkhead issues. Tf the City wants to cut back on that construction in terms of the timing, it is important to provide for the circulation that is necessary in the area. The consultants learned that people have been moving ahead with real estate purchase such as Two Georges and the Banana Boat. With the anticipated disruption of traffic because of the bridge construction, it is important to cooperate with the property owners by implementing an interim plan for circulation. Mr. Skokowski displayed a graphic that indicated the ability to utilize public access right-of-way to the east of the First Financial Plaza in order to provide access to the marina complex. Tt would be appropriate to phase this project and develop a statement at the end of Boynton Beach Boulevard. This would create a gateway to the marina project during the construction of the bridge. He stressed the importance of having a very clear master plan and detailed design drawings. Mr. Skokowski feels it is very important that the community see visible results through investments in the downtown. He feels the community needs to know that this Commission is committed to enhancing the quality, value and meaning of being a resident in the urban area. Roy Hernandez asked if there are any specific plans for the lot behind lodge at 504 Ocean Avenue. Mr~ Skokowski advised that there are no specific plans. However, there is an effort on the part of the owner of Dolphin Bar to create Dolphin Square. This effort would require the support and cooperation of everyone in the area. There was a plan developed three or four years ago for improvements on the 500 Block. That plan was scaled back and the City decided not to move forward until the entire area was master planned. Vice Mayor .laskiewicz is pleased to support something that will be visible in the near future and feels the most appropriate place to begin would be on the 500 Block. She feels this can set the tone for the entire project. She also supports the idea of the Boynton Beach Boulevard Promenade. Mr. Tier explained that Boynton Beach Boulevard Promenade shown by Mr. Skokowski could be accomplished in approximately 11/2 years for $1 million rather than waiting four years and spending $3.5 million. He pointed out that the City has detailed plans from several years ago that are still very valid. A link could be accomplished from the Ocean Avenue Promenade. l0 PlEETTNG F'ITNUTES REGULAR cz'rY COPlF4ISSTON BOYNTON BEACH~ FLORTDA AUGUST 18~ 1998 Mayor Pro Tem Tillman feels the Boynton Beach Boulevard Promenade is very important because it will create a traffic flow in the area that would be closed down due to bridge construction. Mr. Tier explained that the full Promenade may be five years down the road, but a partial Promenade is only one to two years away. This would work well to encourage development in the area. Commissioner Titcomb pointed out that the bridge construction is scheduled to begin later this year. He questioned whether the Boynton Beach Boulevard Promenade could be accomplished quickly enough to facilitate traffic flow through the area. Mr. 1let responded affirmatively and explained that the only thing that would have to be considered is the possible purchase of some right-of-way. He added that it would be possible to use the "quick take" method on the right- of-way. Using the overhead projector, lVlr. ]:ler displayed charts depicting the implementation process as follows: 2, 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Blue Lagoon Stormwater Lake Port (East Boynton Beach Boulevard) Promenade Ocean Avenue Promenade including improvements in the 500 Block Marina Area Parking Phase T Surface (for 200 cars) City Club at Boat Landing Park Continuing Neighborhood planning and improvements Expansion of CRA Adoption of land use and urban design criteria Commercial Fa(;ade Improvements Affordable Housing Tmprovements Ridgewood and Gateway Neighborhood Tmprovements Senior Center Mr. Tier advised that the existing parking spaces in the area were inventoried. There are a total of 150 spaces in the perimeter area and parking along Boynton Beach Boulevard east of Federal Highway. There are 30 spaces in the First Financial Plaza and 25 spaces on Ocean Avenue. The spaces from NE 6th Street and beyond will disappear during the bridge construction. However, there is unmarked parking north of the southerly docks on Casa Loma Boulevard. Mr. Tier is not impressed with Parcels ! and 2 of Phase ! parking because that land is located in front of the First Financial Plaza. Tf a parking garage were planned for the future, it would constrict the marina. A better option would be the area between NE 5th Street and NE 6th Street on the north side of Ocean Avenue. This would not cut off the marina. Used for surface parking in the interim, it would hold between 175 and 200 cars. The City would have to work with two property owners to get that property. I~ichael Brady listened to people's idea, thoughts and concerns regarding the redevelopment plan. He began with approximately 20 neighborhood groups and various business groups. Almost the entire community has been touched by this plan. The components of an external 11 MEETI'NG MZNUTES REGULAR CI'TY COMMTSSTON BOYNTON BEACH~ FLORZDA AUGUST 18, 1998 marking strategy include a promotional brochure, promotional video, web site, update press · releases and news stories and speakers' bureau. A marketing theme is important. A nautical theme was selected because it ties in with the marina. Another important item is to determine ways to measure the plan. Resident surveys can provide a tremendous amount of information. Type and amount of media coverage is another good measurement tool. Attendance at special events and the number of new businesses in the City are measuring tools. The City will realize an increased tax base and increased population. Tn addition, new Occupational Licenses, bed tax revenue and sales tax revenue will be measuring tools. One factor that will be added is internal marketing mechanisms. The Chamber and Hank Ackermann's Office can serve as these internal marketing mechanisms. These mechanisms can be used to keep the residents involved and informed. Mr. Brady said he would submit samples of web pages. Vice Mayor ]askiewicz requested that the graphics be put on slides so that she can use them at presentations in the future. Mayor Pro Tem Tillman questioned how long it would take after construction begins to see some of the indicators "kick in". Mr. Brady explained that it would depend on the phasing of the project. Within approximately one year, activity in some areas should be evident. From the audience, a member of the public asked, "would ]:STEA be effective if you phase in the Promenade?" Mr. ]:ler responded affirmatively, but pointed out that the City would only be able to get the grant for the portion that would be built in that phase. Commissioner Titcomb questioned whether all of the expenditures for parking are with City dollars. Mr. Tier explained that the City can build the parking lot, but would charge fees. The City could also condo the spaces for developers who need a block of spaces, and meter the remainder of the spaces. Another option would be to allow the developer to make a contribution while the City is constructing the lot. Mr. :[ler recommends collecting the money and then building the lot. Motion Commissioner Titcomb moved for conceptual adoption of the Visions 20/20 Plan. Vice Mayor .laskiewicz seconded the motion that carried unanimously. Modification to the Community Redevelopment Plan and Expansion of the Community Development boundaries and XT.B.2. Proposed Ordinance No. 098-33 Re: Approving an amended Community Redevelopment Plan for the City's expanded redevelopment area; finding that the plan conforms to the Community Redevelopment Act of 1969 and providing authority to modify or amend said plan 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 18, 1998 Attorney Cherof read Proposed Ordinance No. O98-33 by title only. Motion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 098-33 on first reading. Commissioner 'l~tcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. D. Adopt Visions 20/20 Phase T Project Priorities Wilfred Hawkins, Manager of Support Services, reported that staff feels the recommended projects can be completed in a two to three year time period. By establishing a list of priorities, we can stay with a course of action for the CRA over that period of time. Staff recommends setting particular priorities that are related to one another in high visibility areas of the City. The projects would involve the Ocean Avenue Promenade, surface parking in the marina area, neighborhood projects within or very close to the downtown area, and City Club. These projects will turn amenities into destination attractions. This will also address business and commercial concerns in the City. By setting priorities, staff can determine the order for development. Being aware of the fact that the Commission has had some concerns about neighborhood projects, staff has set aside dollars to address some of the concerns. We would also be able to add an additional $1 million if the Commission wishes to move forward with Phase I of the Boynton Beach Boulevard Promenade. Commissioner Tillman pointed out that although some projects can be accomplished concurrently, it might be prudent not to do some of the projects immediately. For example, he pointed out the Ocean Avenue Promenade and the fact that the bridge construction will be underway for a period of two years. He further reminded staff of the Commission's desire to rePlace the Civic Center. In addition. We are also anticipating the results of a feasibility study oni the high school and work is ongoing on the museum. With respect to neighborhood projects, he requested a breakdown in actual dollars and cents. Mr: Hawkins explained that with respect to the Ocean Avenue Promenade, the Visions 20/20 Plan breaks that project down into three areas; the 500 Block, the residential block and City Square. City Square will probably be the last project of the three because a great deal of planning is required in the area where major changes would take place. The work on the residential block of Ocean Avenue is cosmetic in nature and would result in little interruption of tra~c. There may be some inconvenience for some of the residents, but staff will work with them to seek their cooperation. With regard to the neighborhood projects, staff will review the recommendations in the Plan as well as other things that need to be done and return with specific suggestions. Mr. Hawkins advised that the figures that are recommended have some cushion in them, and a lot of the projects may come in below the original estimates. Commissioner Denahan noted that the total figure for neighborhood improvements amounted to $360,000. This included neighborhood planning and improvements for $75,000, Ridgewood MEETTNG F4TNUTES REGULAR CTTY COMHTSSTON BOYNTON BEACH,, FLORTDA AUGUST 18, :1.998 neighborhood improvements for $50,000 and Gateway traffic calming for $15,000. She felt this was a lot of money for a cushion. Mr. Hawkins explained that staff was attempting to provide a general budget. At this point, staff was providing guidelines only. City Manager Willis added that the budget of $500,000 would provide each Commissioner with $100,000 to address needs in each of their districts. She pointed out that if we were to address the issue of the Seacrest medians, the City's matching share would be $500,000. Tf we were to down-lane Seacrest and add medians where there is sufficient right-of-way and/or bulb out plans, the budget would be approximately $1 million. The budget of $500,000 provides room to move funds from one project area to another. Tn response to Commissioner Titcomb, Mr. Hawkins said the $1.1 million for the Ocean Avenue Promenade will cover all phases of the project that will be completed within a two to three year time line. When Commissioner -ritcomb suggested enlarging the list due to the amount of the cushion, IVlr. Hawkins agreed that the Boynton Beach Boulevard Promenade could be added, but he does not want to "bite off more than we can chew". Commissioner Denahan recommended hiring a CRA Director immediately rather than waiting two or three years so that there will be a focus on the projects. However, Vice Mayor Jaskiewicz disagreed. She would prefer to spend $120,000 on the 500 Block so that we will have something highly visible that will make a definite impact. Vice Mayor .laskiewicz also supports Phase ! of the Boynton Beach Boulevard Promenade as a priority. With respect to surface parking, she suggested that the City look for acquisition of property. She feels we should wait to gather the ideas of developers with respect to their needs. She requested clarification with respect to whether or not plans for the City Club are premature. City Manager Willis advised that it would be more cost effective to relocate the existing facility (Royal Palm Clubhouse) out of the middle of the road at this time. This will save the City money down the road. Tn addition, this will fit in with the time flame of the Gateway Boulevard construction. Mayor Pro Tem Tillman agreed that we should not bite off more than we can chew. He feels it is premature to hire a CRA Director at this time. The economic indicators will reveal when it is necessary to put that person in place. He is ready to bring these phased priorities on line with the addition of the Boynton Beach Boulevard Promenade. Commissioner Titcomb questioned whether improving the lot with the east/west configuration south of First Financial Plaza would preclude private development from doing something different on the same site in the future. Mr. Hawkins advised that that is a concern and something that requires investigation. He said we may not want to develop that lot entirely. we could make it suitable and attractive for interim use until we know what the final planning for the area will be. That would result in the estimated figure being cut in half. City Manager Wijlis added that the City is planning to immediately provide a temporary shellrock lot on what is ~urrently known as the Phase I! of the marina development. This lot will have lighting and some landscaping. She pointed out that the parking lot immediately adjacent to Kids Kingdom 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 18, 1998 could house a two-story parking garage for approximately $500,000 to $750,000. This would be a permanent structure immediately complimenting the civic square. Mayor Taylor explained that we have already started on some of the Phase I priority projects with the stormwater lagoon. In addition, the senior center issue is being addressed. He supports the Phase I Boynton Beach Boulevard Promenade as a priority that is essential. This will create a visible landmark and send a message out that the City is serious about redevelopment. Tt is imperative to create that access as soon as possible so that we will not experience having everything shut down while the marina and bridge are under construction. Mayor Taylor is not concerned about surface parking at this time. He has other ideas about a parking structure that he will discuss at a later date. The City Club is a good idea because it will provide a meeting place for organizations within the community. He urged caution with the Ocean Avenue Promenade because no plans have been finalized for City Square. Mayor Taylor supports the idea of each Commissioner having $100,000 to spend in his/her district. Diane Reese, Finance Director, reported on the funding options available. Due to early retirement and conservative spending, our fund balance is now over $6 million. This fund could be utilized for the first phase of the project. We are currently earning 5.52% on our investments in the Local Government Investment Pool. We can borrow that from ourselves and repay the City using CTP funds at this interest rate, or reduce our fund balance, take the money and not repay it. An adequate fund balance is 10% of the budget. Therefore, $4 million would be sufficient as a fund balance. The remainder of the money could be used for these projects. Another option would be to take out a construction/term loan. The interest rates are lower than if we borrowed the money from ourselves and we would have to pay only interest during the construction phase. Once the construction phase is completed, we would begin to pay the principal. We secured estimates from three banks. The interest rates are as follows: SunTrust - 4.5%, Barnett and NationsBank - 4.24% and First Union - 5%. A third funding option is a bond issue. A General Obligation Bond issue would have to be voted on by the taxpayers and paid for by ad valorem taxes or a Public Service Bond :Issue. Currently, 36% of our Public Service tax goes to pay for bonds. We have only 19% of our Public Service Tax funds available to repay any bond issue. This option could impact the General Fund and lead to an ad valorem tax increase. The repayment option available is the CRA funds. Currently, taxes being remitted from the County and City amounts to $304,000. This area could increase over the next three years. This amount of funding is based on our current CRA - not an expanded CRA. Mayor Taylor and Vice Mayor .laskiewicz preferred using money from the fund balance and repaying it to the City. Vice Mayor Jaskiewicz was opposed to indebting the taxpayers. Mayor Taylor believes the City's financial picture should improve as we move forward with this redevelopment. 15 F4EETTNG M'rNUTES REGULAR CTTY COHMI'SSI'ON BOYNTON BEACH~ FLOR.TDA AUGUST 18,, 1998 Ms. Reese believes the downtown improvements will increase the property value in all areas of the City. Once the citizens become aware of the improvements, they will want to improve their properties which will increase property values and increase incoming tax dollars. Mr. Hawkins advised that staff would be developing a close relationship with the Property Appraiser's Office to let them know what the City is doing. Mayor Pro Tem Tillman remarked that it is very important that we are able to take money from internal sources. He feels this is indicative of the good job staff is doing. He supports moving forward with Option #1. Mayor Taylor requested that staff keep in mind the inexpensive upgrades needed in the area of Martin Luther King .lr. Boulevard. He feels anything we do in that area to help upgrade it might entice private capital. Vice Mayor .laskiewicz pointed out that this vision was from the people, by the people and by the City Commission. This should be reflected in what the City wants - not what a stranger wants. She believes a time will come when we will need to hire a CRA Director, but not during the planning stages. She does not feel anyone could do a better job than we have already done. Mr. Hawkins agreed that this is a crucial time when the Commission and CRA need to set the philosophy for future development. A conceptual plan has been presented, but additional planning is needed over the next couple of years. Commissioner Denahan felt hiring a CRA Director would enable the City to implement the phasing process as efficiently as possible while taking the politics out of the process. She was concerned that staff might be overburdened. The hiring of a CRA Director would not remove the Commission or the public from the process. Commissioner Titcomb agreed that it was premature to hire a CRA Director but urged every Commissioner to think of the CRA Director as a steward of managing this program beyond their terms. Considering the hiring of a CRA Director in the near future would not be harmful. Commissioner .laskiewicz pointed out that the City has a very competent staff. Mr. Kastarlak has been functioning like a CRA Director. She feels the hiring of this person is not a concern at this point. Commissioner Titcomb wants to make sure that we do not experience staff burnout now that we are at a critical phase. ]:f additional staff is need in the Planning Division, it is imperative that we respond to that need and have the necessary resources we need internally. City Manager Willis recognized the outstanding efforts of the staff under the reorganization plan, in particular the top managers. They have been able to manage a great number of projects through outstanding cooperation among all of the departments that have related functions. She commended Wilfred Hawkins, Dale Sugerman, Mr. Kastarlak and Diane Reese. 16 MEETING MINUTES · REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 18, 1998 Vice Mayor .laskiewicz and Mayor Taylor agreed that we have an outstanding team. Mr. Hawkins felt he understood the direction from the Commission. VIII. BIDS: None :D(. DEVELOPMENT PLANS: None X. NEW BUSINESS: None Xi. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Motion None Ordinances - :[st Reading 1. Proposed Ordinance No. 098-32 Re: Allowing telecommunication towers on lands designated for recreation use within a PID. Attorney Cherof read Proposed Ordinance No. 098-32 by title only. Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 098-32 on first reading. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-33 Re: Approving an amended Community Redevelopment Plan for the City's expanded redevelopment area; finding that the plan conforms to the Community Redevelopment Act of 1969 and providing authority to modify or amend said plan This Ordinance was addressed earlier in the meeting. Proposed Ordinance No. O98-34 the Personnel Policy Manual Re: Approving amendments to 17 MEETTNG MZNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA AUGUST 18, 1998 Attorney Cherof read Proposed Ordinance No. 098-34 by title only. Motion Vice Mayor .laskiewicz moved to approve Proposed Ordinance No. 098-34 on first reading. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 098-35 Re: Authorizing abandonment of certain utility and drainage easements contained within Blocks 16 and 18 of, and dedicated to the use of the public, by the Plat of Golfview Harbour, 2nd Section. Attorney Cherof read Proposed Ordinance No. 098-35 by title only. MOtion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 098-35 on first reading. COmmissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. Special Events Policy (TABZEDFROM8/4/~,9) City Manager Willis reported that this policy would add the provisions that will trigger special events to come before the City Commission. M .Orion. Commissioner Denahan moved to approve. Mayor Pro Tern Tillman seconded the motion that carried unanimously. 2. MOtiOn Policy Recommendations on Nuisance Abatement and Abandonment Activities ( TABLED FROM 8/4/98) Commissioner Titcomb moved to remove this item from the table. seconded the motion that carried unanimously. Mayor Pro Tem Tillman MEETTNG MTNUTES REGULAR C1TY COMMTSSTON BOYNTON BEACH, FLORTDA AUGUST 18, 1998 Attorney Cherof advised that the current Nuisance Abatement Ordinance is limited in scope because it originated from a State Statute that empowered cities to create administrative boards to deal with nuisance abatement arising out of youth and gang activities, prostitution and drug-related crimes. There are many other ways of dealing with nuisances that do not fall within the three categories. This can be addressed through Code Enforcement, intensified enforcement of the criminal codes of the City, and, under State law, through the criminal court system. Attorney Cherof explained that he is authorized under State law to sue in the name of the State to enjoin public nuisances. This process is not usually followed. However, it can be very effective when handled through the court system. Attorney Cherof requested the Commission to do the following: Direct him, when there is a nuisance abatement issue, that we follow it through to the Nuisance Abatement, notwithstanding correction on the property so that we set a precedent and we have an Order that acknowledges there was a nuisance, it has been corrected, it will not occur again, and there is a penalty associated with it occurring again; and Authorize the Police Chief and City Attorney to go to the State Attorney's Office and try to convince them that we are undertaking a program of enforcing nuisance violations through criminal violation and arrest. Consensus There was a consensus of the Commission for City Attorney Cherof to move forward with his recommendations. Accept final judgement issued by U. S. District Court in the amount of $:[5,682.92 in compensatory damages against defendants City of Boynton Beach and Donald Bateson. (Jason Villano v. City of Boynton Beach) Motion Commissioner Titcomb moved approval. Mayor Pro Tem 'l~llman seconded the motion that carried unanimously. Attorney Cherof reminded the Commissioners of their direction to release the City'S appraisals to the property owners. The properly owners have not deviated much from their monetary demand for those properties. Attorney Cherof recalled that the City Commission recently passed a Resolution of Necessity that is required to initiate acquisition of the property through eminent domain proceedings. He requested authority to initiate a "quick take" proceeding to take the properties. 19 MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH~ FLORIDA AUGUST 18~ 1998 ATTEST: CiL¥~'Clerk (D~PL~tY City Clerk '-~Three Tapes) MOtion Mayor Pro Tem Tillman moved to authorize the next step to initiate a quick take procedure. Commissioner Titcomb seconded the motion. Mayor Taylor announced that although the proceedings would commence, the negotiations can still proceed. The motion carried 5-0. XIi. UNFINISHED BUSINESS: None XIiI. OTHER: None XIV. AD.1OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:55 p.m. CiTY OF BOYNTON, t~ommissioner Co~ss~)ner Commissioner 20 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Addition alley abandonment (Bauer) APPLICANT'S AGENT: Mike Bauer APPLICANT'S ADDRESS: 617 N.E. 8th Avenue, Boynton Beach, FL 33435 DATE OF CITY COMMISSION PUBLIC HEARING: August 18, 1998 TYPE OF RELIEF SOUGHT: Alley abandonment LOCATION OF PROPERTY: 811 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Clerk J:\SHRDATA\Planning\SHARED\WP\FORMS~Dev. Orders~DEVELOPMENT ORDER REV. doc EXHIBIT "C" Conditions of Approval ProjeCt name: Lake Addition alley abandonment (Bauer) File number: ABAN 98-005 Reference: Application dated June 9, 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Record an easement satisfying perpetual access requirements of both X Bell South and the City of Boynton Beach Utilities Department. Access To said easement shall remain unobstructed unless otherwise approved by Bell South and the City of Boynton Beach Utilities Department. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Day Care Center in Residential APPLICANT'S AGENT: Shirley Waters APPLICANT'S ADDRESS: 1390 N. Seacrest Boulevard DATE OF CITY COMMISSION RATIFICATION: August 18, 1998 TYPE OF RELIEF SOUGHT: Code Review LOCATION OF PROPERTY: 1390 N. Seacrest Boulevard 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 Cityls 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. EXHIBIT "D" Conditions of Approval Project name: Daycare Centers in residential File number: CDRV 98-002 Reference: Letter of request from Bible Church of God with a May 1, 1998 Planning and Zoning Department date stamp marking. PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE C°mments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Code revision should read" b. Churches and other places of worship X with their attendant accessory uses, including daycare and pre-school facilities*, providing for a minimum site of one acre with a minimum of one hundred fifty (150) foot frontage. Primary and secondary schools and colleges and universities are not to be construed to be an accessory use to a place of worship by these regulations." ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS