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Minutes 06-02-98 I~ITNUTES OF THE REGULAR CTTY COPlPlTSSTON IflEETTNG HELD TN COMF4'rsszoN CHAI~IBERS, CTTY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY, .1UNE 2, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor H~:nderson Tillman, Mayor Pro Tern Ja mie Titcomb, Commissioner N~llie Denahan, Commissioner I. OPENINGS: Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Call to Order - Mayor Jerry Taylor Invocation offered by Reverend Bob Hahn, First United Methodist Church Pledge of Allegiance to the Flag led by Vice Mayor Jaskiewicz M;]yor Taylor called the meeting to order at 6:32 p.m. M~yor Taylor announced a minute of silence would be observed for Jerzy Lewicki, and a valiant ~City employee who passed away this week. Mayor Taylor announced that there will be a m~morial service at St. Helen's Catholic Church, 2085 Taliahassee Avenue in Vero Beach at 4:00 p.m. on Wednesday afternoon, June 3rd. R{verend Hahn offered the invocation, followed by the Pledge of Allegiance to the Flag lead by Vice Mayor JaskieWicz. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested that Item D. 3 and D.6 on the Consent Agenda be tabled until the June 161 1998 meeting. Commissioner Titcomb requested that Item F. be removed from the Consent Agenda for presentation. c°mmissioner Denahan requested that Items D.1. and D.2 be removed from the Consent Agenda for legal clarification. Commissioner Denahan requested the addition of two resolutions under New Business. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1991~ Mayor Pro Tem Tillman requested the addition under New Business for Summer Camp Program. City Attorney Cherof requested the addition of a Resolution R98-104 under legal pertaining to the Metropolitan Planning Organization Alternate Delegates. Viice Mayor Jaskiewicz requested that Item C.1 on the Consent Agenda be removed for reading in i its entirety. A~torney Cherof requested under Announcements the addition of an Announcement of a Cliosed-door Session of the Commission for collective bargaining purposes following tonight's Rbgular City Commission Meeting. 2. Adoption Vibe Mayor moved to approve the agenda as amended. Commissioner Titcomb seconded the motion. Motion carried 5-0. II. i ADMINISTRATIVE Al T( Titcomb* II Denahan M~ ~yor Taylor IV l Tillman* II Denahan* Ill i Jaskiewicz IV Tillman I Titcomb ME ~yor Taylor Be A. Appointments to be made: Ipointment Length of Term ,Be Made Board Expiration Date Bldg. Bd. Of Adj. & Appeals Alt Bldg. Bd. Of Adj. & Appeals Reg Cemetery Board Alt Code Compliance Board Alt Community Relations Board Alt Community Relations Board Reg Education Advisory Board Stu Employees' Pension Board Reg Golf Course Advisory Committee Reg 1 yr term to 4/99 3 yr term to 4/01 1 yr term to 4/99 1 yr term to 9/98 1 yr term to 4/99 TABLED-3 TABLED 1 TABLED-1 TABLED-3 TABLED-3 3 yr term to 4/00 TABLED-1 1 yr term to 4/99 TABLED-1 3 yr term to 4/01 TABLED-1 5 yr term to 6/03 ~yor Taylor reappointed George Barrett as a regular member of the Gold Course Advisory ard. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Motion COmmissioner Titcomb moved to approve the appointment and table appointments. Mayor Pro Tem Tillman seconded the motion. Motion carried 5-0. Illi. ANNOUNCEMENTS AND PRESENTATIONS all remaining : A. Announcements: Ci!ty Attorney Cherof announced that the City Commission will meet in a closed door session p,ursuant to Chapter 447 of the Florida Statutes which allows the Commission to meet behind closed doors to d scuss strategies involving collective bargaining agreements. The item sl~ecifically being discussed will be the Firefighters' Union Contract. B. Presentations 1. Proclamations: (a) "Flag Day in this City"-June 14, 1998 Mayor Taylor read the Proclamation created by an Act of Congress dated June 14, 1777, ~pdopting the Flag of the United States, and by Act of Congress on August 3, 1949 it was roclaimed that every June 14th be Flag Day. Mayor Taylor urged every citizen of this City to pause at 7:00 p.m. for the 19th Annual Pause for the Pledge of Allegiance of the Flag. (b) Code Enforcement Officer's Appreciation Week"-June15-19, 1998 Mayor Taylor asked Scott Blasie, the City's Code Compliance Administrator to take the podium. Mayor Taylor proclaimed the Week of June 15th as Code Enforcement Officer's Apprec at on Week as established by the Florida Association of Code Enforcement to honor and recognize the Code Enforcement Officers. Mayor Taylor encouraged citizens of Boynton Beach to express their appreciation for the dedication and outstanding service provided by the Code Enforcement Officers. Mayor Taylor stated that the improvements made to this City during the last few years can be largely attributed to the City's Code Enforcement Officers and the professionalism they bring tb their job everyday and the City is extremely proud of them. (c) National Garden Week - June 7 -14, 1998. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Mayor Taylor read the proclamation proclaiming the Week of June 7th, National Garden Week. iMembers of the Boynton Beach Garden Club took the podium and presented Mayor Taylor with a Bleeding Heart Plant. iBetty Baker, President of the Boynton Beach Garden Club thanked the Mayor for the efforts ~he City has taken to beautify the City. A container of Palladiums has been placed in the front ihall of City Hall for the Citizens to enjoy when they enter City Hall. A boondoggle made from Palmetto prongs, copied from the Indians, was presented to Vice Mayor Jaskiewicz. 2. Presentations: ~ a. Special presentation to the sponsors of the Annual Spring Sports Festival. rleen Dennison took the podium and informed the Commission that the City of Boynton each sponsors a Sports Festival at Caloosa Park and requested that the sponsors of the uVent who were in the audience to join Ms. Dennison on the podium. Ms. Dennison thanked rank Ireland, Wally Majors and the sponsors for their great efforts to making the event a ccess, ertificates were handed out to the sponsors in appreciation for their support- CarMax Bethesda Sports Care Play-it-again-sports Fox Channel 29 The Buzz Coca Cola Company McDonalds .?,ertificates were also presented to Tony Bell and Ken Driscoll representing the Caloosa Park ~oftball Club. I Cchris Wheeler, a member of the Board of the Ronald McDonald House for South Florida, cepted a donation for $2500. heck for $1250 was presented to Arlene Dennisson for the 1913 Schoolhouse Museum. Mayor Taylor thanked staff for their hard work and dedication and thanked all the sponsors for their commitment. I~/. CONSENT AGENDA A. Minutes: 4 MEETING MINUTES REGULAR CITY COMMISSION BiOYNTON BEACH, FLORIDA JUNE 2, 1998 Joint City Commission/Chamber of Commerce Meeting of May 11, 1998. Regular Commission Meeting of May 19, 1998. Mayor Pro Tem Tillman requested that the first line of the first paragraph on Page 3 of the joint City Commission/Chamber of Commerce Minutes of May 11, 1998 be amended by Striking the words "that day" and adding in place thereof the words "the defined outcome" after the words "planned agenda for". fommissioner Titcomb moved to approve the minutes of the Joint City Commission/Chamber Commerce Meeting of May 11, 1998, as amended, and the Regular Commission Meeting of May 19, 1998. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0. Bids - Recommend Approval- All expenditures are approved in the 1997-98 Adopted Budget NONE Resolutions: 1. Proposed Resolution No. R98-103 Area Policy Statement Re: Community Redevelopment item iv-c. 1 removed from the Consent Agenda to be presented by Vice Mayor Jaskiewicz. D. Ratification of Planning & Development Board Action: 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 - Zoning, Section 5.G2. to allow for a reduction of the minimum side yard requirement from 20' to 1.6' and the minimum rear yard requirement from 40' to 10.7' (TABLED 5/15/98) Item IV.D.1 removed from the Consent Agenda for legal clarification. 2. 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 - Zoning, Section 5.G.2.a to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 square feet for Unit #5, 568 square feet for Unit #9, and 499 square feet for Unit #10 (TABLED 5/15/98) Item IV.D.2 removed from the Consent agenda for legal clarification. 3. 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 5 MEETING MINUTES REGULAR CITY COMMISSION BiOYNTON BEACH, FLORIDA JUNE 2, 1998 IV. D.3. removed required 5' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. (TABLED 5115198) from Consent Agenda and tabled. Boynton Commerce Center PID/Phase 1 (Buildings A & B), Corporate Drive. Request for major site plan modification approval to construct two warehouse/manufacturing office buildings totaling 154,439 square feet on 10.5 acres of land (formerly Buildings C & D and E & F to reflect changes approved by the City Commission on 2/17/98) Boynton Commerce Center PID/Phase 1 (Building C), Corporate Drive. Request for site plan approval to construct phase II to consist of one warehouse/manufacturing office building totaling 74,084 square feet on 3.57 acres of land. Itc Amerope Enterprises, Inc. - Request for use approval to add wholesale distribution of x-ray and nuclear shielding glass products to the High Ridge Commerce PID list of permitted uses. (TABLED AT PLANNING & DEVELOPMENT BOARD MEETING OF MA Y 26, 1998) ,m IV-D.6 removed from Consent Agenda and tabled. The Hamptons of Boynton Beach - Request for site plan approval to construct 192 multi-family dwelling units (apartments). E. Approval of Bills Staff recommends a motion to approve the special event request from DeLuca's Showtime to host a Car and Truck Show in their parking lot June 7, 1998 from 10:00 a.m. to 4:00 p.m. subject to staff comments requiring adherence to City Ordinances and State Laws. IteJm IV.F. removed from Consent Agenda for presentation. Mgtion Cdmmissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items C.~, D.1, D.2, D.3, D.6, and Item F. Vice Mayor Jaskiewicz seconded the motion. Motion ca[ried 5-0. Prbsentation of Item IV.C.1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 IV.C.1 Vice Mayor Jaskiewicz read the following Resolution R98-103. Community Area Policy Statement in its entirety, and which Resolution is attached to the minutes and made part of the record. MOTION COmmissioner Titcomb moved to approve Proposed Resolution R98-103. Commissioner Denahan seconded the motion. Mayor Taylor expressed his appreciation to Vice Mayor Jaskiewicz for reading the Resolution into the record for public knowledge since there was a lot of misinformation distributed on this item and now it has been clarified publicly. M~yor Pr° Tern Tillman asked how this issue would be handled with any other group that seeks a response from this Commission to be excluded from eminent domain proceedings? Cl~mmissioner Titcomb stated he felt that any group that set forth the same type of concerns ar d arguments and exhibited a basis for not having eminent domain proceedings initiated ac ainst them would have the same response from the City Commission. However, C~mmissioner Titcomb stated that each group that comes before the City Commission would be trE,~ated as a separate and distinct policy consideration for that group. C~mmissioner Titcomb informed the Commission that this particular Intracoastal Group shares a common concern and this particular Resolution was appropriate to express the intent of this C(~mmission and future Commissions that those areas are not under consideration for any redevelopment that would adversely affect their existence. U~ )tion carried 5-0. )NSENT AGENDA DISCUSSION ITEM: IV.D. Ratification of Planning & Development Board Action 658 Manor Drive (Barbara Bradshaw) Variances from Chapter 2 - Zoning, Section 5.G.2 to allow for a reduction of the minimum side yard requirement from 20' to 1.6' and the minimum rear yard requirement from 40' to 10.7' (Tabled 5/15/98) 658 Manor Drive 9(Barbara Bradshaw) - Variances from Chapter 2 - Zoning, Section 5.G.2.a to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 square feet for Unit #5; 393 square feet for unit #6; 545 feet for unit #7; 568 square feet for Unit #9, and 499 square feet for Unit #10 (Tabled 5/15/98) 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 199R Commissioner Denahan presented both items together and presented the following question to City Attorney Cherof: These two items were a complicated issue and would like assurances that future applicants would not have to go through this procedure in the future. Commissioner Denahan requested from a legal point of view how this type of situation can be averted, but being assured that the properties would comply with City codes. Attorney Cherof stated that the specific language Commissioner Denahan is seeking is stated in the staff recommendations, together with conditions that are attached to both resolutions. Also, the order itself provides that all further development on the property shall be in accordance with the terms and conditions of this order. Also the granting of the variance will not constitute a w~iver of any other code provision. Vice Mayor Jaskiewicz also stated that she had concerns since "bed and breakfast" is not d(~fined in the City's Code regulations, how does the City get assurances that the property will remain a bed and breakfast. Al C( At it~ or, Iorney Cherof stated that the Commission can impose conditions upon variances and can add der the category "other" that the property be operated as a "bed and breakfast" and that the ~mmission can add this language tonight. ~mmissioner Denahan inquired if an ordinance to this effect would have to be adopted. City Iorney Cherof stated that if this Board wished to adopt an ordinance, the applicant would not able to conduct business until this Commission approves the Ordinance, which would mean vould delay the applicant from operating for at least two more Commission meetings until the :linance could be approved. M,)tion ViCe Mayor Jaskiewicz made a motion to add under "Additional City Commission Conditions" on the Conditions of Approval" the following language be added: "That the property be operated o~ly as a bed and breakfast." I C~mmissioner Titcomb pointed out that the Applicant has already been approved. However, ViCe Mayor Jaskiewicz stated that the Commission could include this additional condition. M;~yor Taylor stated that this issue has been in progress for at least two and one-half years and thi is the first attempt for a bed and breakfast in Boynton Beach and unfortunately the City does no have a bed and breakfast ordinance. Staff is looking into creating an ordinance. Mayor Ta 1or stated that if this condition were made subject to this additional approval, the Applicant we JId have to wait even longer to do business. Vic,e Mayor Jaskiewicz stated her concern was that the size of the units would accommodate a beg and breakfast and would not like to see the property at some point become small rental unlts. Further, Vice Mayor Jaskiewicz said she was pleased with the project and welcomed the addition of a bed and breakfast to Boynton Beach. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Mayor Taylor further stated he would like to see some kind of language that if the property were toI change ownership, the new owners would have to come back to the Commission for approval of the bed and breakfast of the property. Ciity Manager Willis stated this bed and breakfast is actually in the nature of a "pilot program" since the City does not have an established bed and breakfast ordinance. City Manager Willis also stated at this point the adoption of a bed and breakfast ordinance may be premature and the City would like to work with each applicant individually and to enable the applicant to become a member of the National Bed and Breakfast Association. Di~scussion continued among the Commission members on whether a variance should apply to th!s particular applicant. Mayor Pro Tem Tillman inquired who assumes the liability. City Manager Willis stated that the alSplicant would be fully responsible for liability to conform to the fire-safety codes. This al~plicant simply cannot meet the minimum square footage starndards for buildings today. Attorney Cherof stated that if the Commission approves the variances for this Applicant it would bff grandfathered into the property. After discussion on the conditional use addition to the variance, Vice Mayor Jaskiewicz withdrew her motion. Motion C(~mmissioner Denahan moved that Items IV.D.1 and IV.D.2 be approved, with staff comments. M~)tion seconded by Commissioner Titcomb. Motion carried 5-0. CONSENT AGENDA PRESENTATION ITEM IV.F. Staff recommends a motion to approve the special event request for DeLuca's Showtime to host a Car and Truck Show in the parking lot June 7, 1998 from 10:00 a.m. to 4:00 p.m. subject to staff comments requiring adherence to City Ordinances and State Laws. C(,,mmissioner Titcomb stated that he had two concerns with this item. The first was the possible existence of a code/nuisance abatement situation and secondly, that the City received a "ax letter from Healthy Mothers/Healthy Babies Coalition of Palm Beach County that it is disavowing any relationship as the designated charity of the event. Commissioner Titcomb st~ At1 be fro ~ted that after discussions with the City Attorney, the petitioner might not qualify for approval. orney Cherof stated that the Application is for a special permit combining a special activity ng requested for the benefit of a charity. Due to the fact that the City has received a letter m the charity, Healthy Mothers/Healthy Babies, indicating that it is not affiliated with this 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 particular event, this would negate the purpose of the application. Further, Attorney Cherof stated it would not be appropriate for the Commission to grant the application under Section 1319 of the City Code. Mayor Taylor concurred with Attorney Cherof's interpretation of the application and also the applicant requested permission to serve alcohol in the parking area. This was specifically denied that any alcohol is served outside and also Mayor Taylor questioned the event being held on a Sunday at 10 o'clock in the morning, when people are on their way to church. RObert J. Skrandel, Director of Marketing and Advertising for DeLuca's Showtime asked toltake the podium and was instructed by Mayor Taylor to do so. Mr'. Skrandel stated that the event has a new charity, which is the Florence Fuller Charity House of Boca Raton, which is an early intervention program for underprivileged children. Mr. Sl~randel stated that he spoke with Healthy Mothers/Healthy Babies which charity stated that they would accept the moneys raised on their behalf from a previous charity, but did not want any press release. Mr. Skrandel stated that since the applicant has located a new charitable organization for the event, he felt the event could be held. M~yor Taylor stated that presenting the application with a new charity would not give the C~mmission sufficient time to review the issue. Mr. Skrandel asked for clarification if in fact a ch,arity was needed in order for the event to be held? A(rain, Mayor Taylor stated that this Commission had to approve the application before them, arid cannot consider changes at this late time. At:orney Cherof also stated that the only application before the Commission this evening, and th~. only application that the City can consider is the one on record in the Clerk's Office. Attorney Cherof informed the applicant to make a new application. Mi w~ AI~ po da Mr Ta in of Skrandel stated that the event is scheduled for this Sunday, June 7th and inquired if there .s a way to get the event approved. ;o Attorney Cherof informed Mr. Skrandel that there was not much that could be done at this tnt, especially if there was a request for alcohol to be served, as that would require a seven- advance application. Mr. Skrandel stated that the petitioner was not going to serve alcohol. Skrandel requested to see a copy of the letter from Healthy Mothers/Healthy Babies. Mayor ~lor read the letter to Mr. Skrandel, which in effect stated ..."we do not feel that this activity is '<eeping with the mission and reputation of our agency and henceforth we will not be recipient funds raised at this event". MrI Skrandel inquired if there was way this application could be approved tonight, since the event has been planned for two months. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 MOtion Mayor Pro Tem Tillman moved that Item IV.F special event request from DeLuca's Showtime to host a Car and Truck Show in their parking lot June 7, 1998 from 10:00 a.m. to 4:00 p.m. be denied. Commissioner Denahan seconded the motion. MOtion carried 5-0. V. CITY MANAGER'S REPORT NOne VI W C~ h~ ar pi, h~ calred PUBLIC AUDIENCE illiam R. Cwynar, 2701 SW 8th Street, Boynton Beach, Florida and informed the )remission that he has resided at this address since November 15, 1980. Mr. Cwynar said he s a problem with his neighbor not keeping his yard up to code. The property is full of weeds d bare spots. Mr. Cwynar presented enlarged photographs of the property, as well as ;tures of other properties that the neighbor owns within the City showing that these properties ve been well cared for. Also Mr. Cwynar pointed out that these other properties had well- lawns and asked how he should handle this situation. M; ah st; an ~yor Taylor inquired if the problem being presented by Mr. Cwynar tonight is that his neighbor not keeping his property up to code. Mayor Taylor inquired if Mr. Cwynar spoke with his ighbor and Mr. Cwynar stated he did, but with no results. Mayor Taylor stated the problem ould be referred to the City's Code Enforcement Department. Mr. Cwynar stated he has eady referred the matter to Code Enforcement without any success. At this point, Mr. Cwynar ~ted that the neighbor's property with which he has the problem is the City of Boynton Beach d it is called Forest Hills Park. M~. Cwynar stated he made his complaint to Code Enforcement on the 26th of May and on May 281h the City turned the irrigation system on which has not worked for months.  l;pyOr Taylor stated that he would ask the City Manager to have the Parks and Recreation artment look into the situation and bring the Park into compliance. Cc~mmissioner Titcomb stated that he has had conversations with Mrs. Cwynar and that there hake been improvements to the Park in response to Mrs. Cwynar's request. Mr. Cwynar did acknowledge his appreciation for the parking lot being paved. VII ~yor Taylor inquired if anyone else wished to address the Commission. ~yor Taylor closed the public audience portion of the meeting. PUBLIC HEARING: 11 There being none, MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 A. REZONING Atiorney Tt Ki st; PROJECT: AGENT: LOCATION: DESCRIPTION: The Hamptons of Boynton Beach Kieran Kilday Kilday and Associates, Inc. Northeast corner of Woolbright Rd. & Knuth Rd. Request for rezoning and master plan approval to construct a 192-unit apartment complex to be known as The Hamptons at Boynton Beach PUD (fka Tara Oaks PUD) and a church Cherof informed all persons who would be testifying this evening under the Public ;aring portion of the meeting must be sworn in. The matters to be heard this evening were ~e Hamptons of Boynton Beach, Vincent Barrera and Stor-AII. ernan Kilday, Agent for The Hamptons of Boynton Beach took the podium. Mr. Kilday ~ted that the Conditions of Approval have been amended at the Planning and Development .=eting. M~yor Taylor asked if staff had any comments. Mike Rumpf, Acting Planning and Zoning Di'ector stated staff had no comments, but informed the Commission that it has already a proved the Application for Site Plan on the Consent Agenda this evening. M;tyor Taylor asked if there were any comments from the audience. There being none, closed the public hearing portion. MOtion Cc~mmissioner Titcomb moved that the Request for rezoning and master plan approval to copstruct a 192-unit apartment complex to be known as The Hamptons at Boynton Beach PUD (fk~a Tara Oaks PUD) and a church be approved. Motion seconded by Mayor Pro Tem Tillman. M°tion carried 5-0. B. Land Use Amendment/Rezonin~ Project: Agent: Location: Request: Vincent Barrera Vincent Barrera 3025 N. Federal Highway, Delray Beach, FL 33483 Request for amendment to the Future Land Use Map of the Comprehensive Plan from CH (Commercial High) in Palm Beach County to Local Retail Commercial (City of Boynton Beach), and rezoning of the property from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) in the City of Boynton Beach 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 in connection with annexation of land. The property is developed and currently used for the making and selling of pottery. The Applicant was not present. Mayor Taylor asked if there were any staff comments. ViCe Mayor Jaskiewicz asked Mr. Rumpf if the Applicant agreed to all conditions and was informed that he did. M'yorl¢ Taylor asked if there were any comments from the audience. There being none, Mayor Taylor closed the public hearing portion. MOtion COmmissioner Titcomb moved that the Request for amendment to the Future Land Use Map of th,.~ Comprehensive Plan from CH (Commercial High) in Palm Beach County to Local Retail C¢~mmercial (City of Boynton Beach) by Vincent Barrera, and rezoning of the property from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) in the City of B(,ynton Beach in connection with annexation of land be approved, subject to all Planning and D(~velopment Board conditions. The property is developed and currently used for the making and selling of pottery. Motion seconded by Mayor Pro Tem Tillman. M{ th~ m~ no )tion Carried 5-0. ~yor Taylor stated that the Stor-AII (item C) on the Agenda is incorrect. The Agenda states ; matter was tabled at the Planning and Development Board Meeting of May 26, 1998. The ~tter was not tabled. It was in two parts, and the part before the Commission this evening was tabled and asked the Applicant to take the podium. Comprehensive Plan Text Amendment PROJECT: AGENT: LOCATION: DESCRIPTION: Stor-AII Kieran Kilday Kilday and Associates, Inc. North of Boynton Beach Boulevard, west of 1-95 on Industrial Way. Request to amend the definition for the Office Commercial land use classification within Comprehensive Plan Policy '1.16.1 to expand the list of allowed uses within the Office Commercial land use classification to include limited-access mini- warehouses. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Kiernan Kilday representing Stor-AII addressed the Commission and restated that Mayor Taylor was correct on his interpretation of the Planning and Development Board proceedings regarding self-storage facilities zoning code amendment that was presented before that Board. Mr. Kilday stated the issue was a very complex zoning code amendment that the applicant had Presented regarding a separation of the definition of a traditional mini self-storage facilities with multiple garage doors and what is called a "limited access facility". A limited access facility usually consists of a multi-stow facility with the faCade of an office building with a single front eqtry. These facilities are air conditioned and usually used for office type storage facilities. Because of the complexity of the recommended changes, it was suggested the matter be tabled in order to allow the Board to review the issue further. THe issue before the Commission this evening, is the one that deals with the Comprehensive Pl.~n. This will allow the petitioner to propose the limited access type facility within the office- commercial land use category. The action taken by the Planning Board was to move the issue folward with the condition that it would be subject to closure on the regulations. The action the C¢~mmission is being requested to take would allow the text amendment to be transmitted to the State. The State will then have 90 days to review the matter and refer it back to the C(~mmission for final adoption, hopefully within four months. During that four- month period, the zoning code regulations could move forward. If the City is unable to come to a conclusion on ap,propriate regulations, the Commission does not have to adopt the change. ViCe Mayor Jaskiewicz asked Mr. Kilday if he had a conceptual drawing of the facility with him. M~. Kilday presented an enlarged photograph of the proposed limited access facility, which was recently constructed in North Palm Beach. MCyor Taylor asked for any staff comments. Mr. Rumpf asked Mr. Kilday about the addition of windows to the facility Mr Kilday stated that smoked glass windows could be utilized even though they are actually blank walls, they would appear as windows from the outside of the building. M~ th( Mc Vi( Of th~ ac, X. ~yor Taylor inquired if there was any public comment. There being none, Mayor Taylor closed public audience portion of the hearing. ~tion :e Mayor Jaskiewicz moved to approve the Request by Stor-AII to amend the definition for the :ice Commercial land use classification within Comprehensive Plan Policy 1.16.1 to expand list of allowed uses within the Office Commercial land use classification to include limited- ;ess mini-warehouses. Motion seconded by Commissioner Titcomb. ,tion carried 5-0. NEW BUSINESS 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Commissioner Denahan stated that on Wednesday, June 3, 1998 there would be a reunion of the 1996 20/20 Visions at which time James Duncan & Associates will present the comprehensive master plan. During the original 20/20 Visions assembly much time was spent on how the City could better serve the needs of the City's children. Every year there is progress in this direction by the volunteer efforts of many diverse groups. Commissioner Denahan brought forth for consideration the creation and support of a youth council and for the City to become the second City in the County to become an official Community of Promise. Commission Denahan further stated that this program would create a better quality of life within the City. This Program is being recommended by the City's Youth Advisory Board and would request that the City Attorney prepare two separate resolutions for adoption at the next City Commission Meeting scheduled for June 16, 1998 to create and support the youth council and to become an official Community of Promise. Vice Mayor Jaskiewicz stated that the Community of Promise is an all- encompassing program and it involves the entire City and other private entities. Vice Mayor Jaskiewicz stated that this program usually is not initiated by the city and is not the function of city government. City government usually supports it. Vice Mayor Jaskiewicz stated she had material on the program and will report back to the Commission with more information. Also, the program encourages volunteerism and involves many city organizations. Vice Mayor Jaskiewicz stated that she thought it would be a wonderful asset to the City, but it will take a great involvement and would be a tremendous undertaking for the City's Children and Youth Board and the Education Advisory Board to initiate. Mayor Taylor stated that he has not had a chance to review the material and also would like staff to review the material for their input. Commissioner Denahan stated she would like to bring the program to the 20/20 visions reunion on Wednesday. Commissioner Titcomb suggested that the matter be added as an agenda item for the next Commission Meeting. After discussion, it was decided to forward more information to the City's Advisory Board on Children and Youth for their review. Charlie Fisher took the podium and informed the Commission that the issue was discussed at the Youth Advisory Board Meeting and asked if the Commission would like a presentation as to what the program involves. Vice Mayor Jaskiewicz stated she would forward all pertinent information to the Board for the review, and the Board could report back their findings to the Commission. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 City Summer Camp Program Mayor Pro Tem Tillman stated that he was informed that there was a need for an additional 50 to 75 youth in the City to be able to attend the summer camp program. Secondly, he expressed his concerns that the cost of the camp was quite high at $200 per child. Mayor Pro Tem Tillman was inquiring if there were additional funds available to accommodate these additional children to attend the City Camp Program. Mayor Pro Tem Tillman stated it was important to keep these children off the street. Wilfred Hawkins, Manager of Support Services took the podium to present the summer camp and summer playground activities. Mr. Hawkins stated that in this year's Community Block Grant one-year plan approximately $30,000 is available to fund scholarships to help children attend the summer playground and camp programs. As pad of the program, it will fund pad-time employment for eight youths as well. It will serve the same youths, but at the same time will allow for some summer employment. It is anticipated that 200 scholarships will be given out at 50% funding of the registration cost and about $10,000 will be provided for scholarships for employment for 8 youths. Mr. Hawkins stated that next year 100% scholarships could be discussed, as well as expanding more scholarships for employment. Also, Mr. Hawkins stated that the City is looking for more adult volunteers. If more volunteers can be found, more funds could be set aside for scholarships. Mayor Taylor asked for clarification on how the funds would be distributed. Mr. Hawkins informed the Commission that $20,000 would be used for youth camp scholarships at 50% funding and $10,000 for youth employment. Mayor Taylor suggested instead of funding eight youth employment, this same sum could accommodate an additional 50 children at full funding to attend summer camp, or if only at 50% funding, the $10,000 could be used for an additional 100 children. Mayor Taylor expressed concerns about omitting 100 children from attending camp, since Mayor Pro Tem Tillman is seeking funding for additional children, not cutting children out. Mayor Taylor inquired how many children are actually being funded for camp scholarships. Mr. Hawkins did not have that figure immediately available, but stated based on past performance usually between 150 to 200 children would receive some type of scholarship. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Commissioner Titcomb inquired if the City had any contingency funds that could be used for these children. City Manager Willis stated that if she had more specific data she cOuld help clarify what the existing program is. Ms. Willis further stated that the City was in the process of accepting applications. Mr. Hawkins stated that the City has already received approval from HUD to provide those scholarships for the employment positions and would have to amend the grant application, but if necessary, the grant could be amended. After discussion, it was determined that Mr. Hawkins will research the issue and will report back his findings at the next Commission meeting. Introduction of State Senator Matthew Meadows who was in attendance at tonight's meeting at the request of Mayor Taylor State Senator Meadows thanked the Commission for providing him the opportunity this evening to provide an update to the Commission on what took place at the last Legislative Session on issues of interest to the Commission and the City. One Bill that will need to be addressed next year is the Urban Economic Redevelopment Act which Senator Meadows sponsored this year but did not pass, but will be reintroduced next year. This Bill in particular will provide incentives to businesses that left the inner city areas to come back to the city. This can be accomplished by working together with the code enforcement departments, planning departments and amending the comprehensive plan. The League of Cities was also sponsoring this Bill, since this is a Bill that will be good for the municipalities of the State. Another Bill that State Senator Meadows introduced was the "check cashing Bill" which allowed municipalities to assess a fee for bad checks used in paying bills. Thirdly, a Bill called the "repair and deduct bill" was introduced. This Bill was aimed at protecting renters from absentee landlords who are non-responsive to the needs of a tenant. This Bill will allow the tenant to make a repair up to $250 and then deduct the cost of the repair from the rent. However, provision was also made in the Bill that would allow the landlord to work with the tenant in developing a list of approved persons to come onto the property to make the repairs. $8.6 million dollars has been provided this year for childcare for approximately 22,000 children in the State. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Another issue presented was the quality of training for individuals who work in nursing homes. Senator Meadows co-sponsored this Bill which assures that persons hired by nursing homes will have to be screened. State Senator Meadows thanked the Mayor and the Commission for allowing him this opportunity to address issues that he felt would be of significance to this City. Mayor Taylor expressed his appreciation to Senator Meadows for his efforts for more childcare in the State. This is a very important issue, as well as the issue of the quality of nursing home employees. Mayor Taylor stated he looked forward to the Senator returning to the City and Senator Meadows stated that his staff will be preparing and forwarding to the Mayor and the COmmission a data sheet of all projects that Palm Beach County received this year and the amount of each project. Xli LEGAL A. Ordinance - second reading - PUBLIC HEARING Proposed Ordinance O98-16 Re: Amending the General Employees Pension Plan to include disability retirement (TABLED 5/15/98) Remained on the Table. B. Ordinances - 1st Reading Proposed Ordinance No. O98-17 Re: Amending Chapter 2.5 "Alarm Systems" to create Section 2.5-18 providing for departmental review of contested false alarm response service fees; providing for conflicts, severability, codification and an effective date. Attorney Cherof read proposed Ordinance No. O98-17 by title only. Mqtion Co~nmissioner Titcomb moved to approve Proposed Ordinance No. O98-17. Ja~kiewicz seconded the motion. The Clerk called the roll. Motion carried 5-0. Vice Mayor C. Resolutions: Proposed Resolution No. 98-104 Re: Designating Mayor Gerald Taylor, Vice Mayor Shirley Jaskiewicz, Commissioners Nellie Denahan and James Titcomb as Alternate Delegates to the Metropolitan Planning Organization; and providing an effective date. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Attorney Cherof read PropOsed Resolution R98-104 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Resolution 98-104. Commissioner Titcomb seconded the motion. Motion carried 5-0. D. Other None. Xlll. UNFINISHED BUISNESS A. Commission Action of Code Compliance Board Matters: Staff requests a motion to release lien in Case #97-1171. The Code Compliance Board on 5/20/98 heard this case. Scott Blasie, Code Compliance Administrator, took the podium and informed the Commission that Attorney Cheney, who represents the property owners, was present in the audience. Mr. Blasie stated that when he originally submitted the paperwork the property was not in comp ance. The property needed sod and Inspector Blasie is proposing some type of agreement, as used in the HUD case. ?.owever, Attorney Cheney's office decided to bring the property into compliance prior to tonight s meeting. The sod is at the property, however, it has not been put down. It looks like four or five pallets are ready to be spread. Staff is handling this case like the HUD case, where there is a vacant house in the Cherry Hill sub-division, the pr~operty owner is deceased and is ready to become owner-occupied by a new owner. V~ A' h~ S( S( Ci br W~ Vi ilbur Cheney, Attorney representing the estate of Ernestine Walker, took the podium. torney Cheney stated there is a potential buyer who will initially be leasing the property and ~s paid for the sod. All that is remaining is to remove the old grass and replace it with the ~d. Attorney Cheney stated that the heir to the property resides in Denver and tried to have ,meone locally look after the property, but the person did not perform satisfactorily. Attorney ~eney requested that the City Commission waive the fine in order that the property can be ought into compliance, as his office was not aware that these violations were on record and )uld have taken care of the problem sooner. ~,e Mayor Jaskiewicz stated she would like to see the sod placed on the ground before leasing the property. Attorney Cheney assured Vice Mayor Jaskiewicz that the sod will be down. Attorney Cheney also stated that irrigation was in place. ~yor Taylor proposed releasing the lien with the condition that the sod be placed on the ~und within one working week from Friday, June 5th. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 Motion 'Vice Mayor Jaskiewicz moved that the motion to release the lien in Case #97-1171 be approved upon the condition that the sod is placed on the ground within one working week from Friday (June 5, 1998) and the irrigation necessary for the life of the grass is in place. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0. Staff requests a motion to approve the Code Compliance Board's recommendation in Case #97-3379 to abate the nuisance in accordance with Chapter 2, Article V, Section 2-79 of the Code of Ordinances. Inspector Blasie stated that in Case #97-3379 the Code Compliance Board has recommended that the City Commission authorize the City to take whatever means necessary to abate a nuisance. Inspector Blasie stated the matter was rushed through since hurricane season is approaching and the people in the development are concerned since this is a safety issue. Inspector Blasie stated the developer has vanished and there are a lot of concerns expressed among the homeowners. There is one structure on the property that has an unfinished second floor and is not tied in correctly. While Inspector Blasie was on the property the walls were swaying with only a light breeze blowing. Inspector Blasie presented photographs of the property to the Commission for their review. Vice Mayor Jaskiewicz was concerned with the shell remaining as well. Inspector Blasie stated thiat was concrete block and is secure. yor Taylor inquired if the City could r_e, move the walls and then could place a lien on the perty? Inspector Blasie stated the City s facilities department could perform the work at City e~:pense., and then place a lien on the property for the cost of dismantling the second story of the budding. M~)tion Co~nmissioner Titcomb moved that the Code Compliance Board's recommendation in Case #9'~-3379 to abate the nuisance in accordance with Chapter 2, Article V, Section 2-79 of the Co~le of Ordinances, be approved. Mdtion seconded by Mayor Pro Tillman. Motion carried 5-0. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 2, 1998 A1 xIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly ac ourned at 8:36 p.m. CITY O.F BOYNTON BEACH '~ice~~M y, / ., ~ ~;~ayor Pro Tem 'TEST: ~ ~ Commissioner cording Secretary (tw~o tapes) 21 IV. CONSENT AGENDA C. I RESOLUTION NO. R98- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING THE COMMISSIONS' INTENT NOT TO ENGAGE IN ANY REDEVELOPMENT ACTIVITY, INCLUDING EMINENT DOMAIN PROCEEDINGS IN THAT AREA OF THE CITY COMPRISED OF THE CONDOMINIUMS COLLECTIVELY KNOWN AS THE BOYNTON !NTRACOASTAL GROUP; AND DIRECTING THE CITY ADMINISTRATIVE STAFF AND CITY CONSULTANTS ENGAGED IN REDEVELOPMENT ACTIVITY TO CLEARLY REFLECT THIS INTENT IN A MODIFIED REDEVELOPMENT PLAN TO BE HEREINAFTER SUBMITTED TO THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission is engaged in study and discussion regarding the expansion of the City's Community Redevelopment Area; and WHEREAS, the condominiums commonly and collectively referred to as the Boynton Intracoastai Group, including Sterling Village, Seagate at Gulfstream, Colonial Club I and II, Coastal TOwers, Snug Harbour and Hampshire Gardens, are within the area under consideration for expansion; and WHEREAS, the residents of the BOynton Intracoastal Group condominiums have expressed concern that their communities or portions thereof, might be considered for redevelopment and eminent domain proceedings once included in the Community Redevelopment Area; and WHEREAS, the City Commission wishes to express its intent not to engage in eminent domain activity for redevelopment of the Boynton Intracoastal group properties, notwithstanding the{r' inclusion in the Community Redevelopment Area; and WHEREAS, the City Commission wishes to express clear direction to City administrative staff, and the City consultants engaged in redevelopment aCtivity; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City administrative staff and the city consultants engaged in Community Redevelopment Area activity are directed not to propose any plan which would result in redevelopment of, or eminent domain proceedings in those properties commonly referred to as the Boynton Intracoastai Group. .~ It is the City Commissions' intent to express, by this Resolution, its cooperation with the residents of the Boynton Intracoastal Group condominiums and to refrain from eminent domain activity within those areas, notwithstanding possible inclusion in an expanded Community Redevelopment Area. passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this day of June, 1998. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner