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Minutes 02-18-97MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY '18, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman. Commissioner Jamie Titcomb Commissioner Dale Sugerman. City Manager James Cherof. City Attorney Sue Kruse, City Clerk I. OPENINGS Call to Order Invocation Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:33 p.m. The invocation was offered by Rev. John Block of St. Mark Catholic Church Commissioner Titcomb. Agenda Approval 1. The Pledge of Allegiance was led by Additions, Deletions, Corrections City Attorney Cherof add ed Item IX.C. 1 (Resolution approving the execution of an amendment to the agreement between Palm Beach County and the City for Mangrove Park). Commissioner Bradley moved Item IlI.C.4 to IV.B.5. Mayor Taylor added Items IV.B.6 (Presentation to the Boynton Beach Police Department. X.B (Antennas on Existing Towers), and X.C (Median Cuts on Federal Highway), and requested that Item X.A be heard after Item IV.B.5. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 2. Adoption Motion FEBRUARY 18, 1997 Commissioner Titcomb moved to approve the agenda as amended. Commissioner Tillman seconded the motion, which carried 5-0. II. ADMINISTRATIVE Accept resignation from Mary Toth, Regular Member, and Marion Moore, Alternate Member of the Senior Advisory Board Motion Commissioner Bradley moved to accept Mary Toth's and Marion Moore's resignations from the Senior Advisory Board Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. B. Appointments to be Made Appointment to be Made Board Length of Term Expiration Dat~, III Jaskiewicz* II Jaskiewicz' Mayor Taylor* IV Tillman* Mayor Taylor* IV Tillman* IV Tillman** Mayor Taylor** Titcomb** Mayor Taylor* Titcomb* II Bradley* Titcomb' Titcomb* Adv. Brd on Children & Youth Community Relations Board Board of Zoning Appeals Adv. Brd. on Children & Youth Education Advisory Board Library Board Education Advisory Board Adv. Brd. On Children & Youth Adv. Brd. On Children & Youth Senior Advisory Board Senior Advisory Board Senior Advisory Board Board of Zoning Appeals Planning & Development Board Reg Term expires 4~97 Alt 1 year term to 4~97 Alt 3 year term to 1/00 Reg Term expires 4~97 Stu Term expires 4/97 Alt Term expires 4/97 Alt Term expires 4/97 Tabled Stu/Reg I year term to 4/97 Tabled Alt Term expires 4~97 Tabled Reg Term expires 4/98 Alt Term expires 4/97 Reg Term expires 4/97 Alt Term expires 1/98 Alt Term expires 4/97 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Motion Commissioner Titcomb moved to remove Mayor Taylor's appointment to the Education Advisory Board from the table. Commissioner Tillman seconded the motion, which carried 5-0. Mayor Taylor appointed Jeffrey Davis as a student member to the Ed ucation Advisory Board. without objection Motion Commissioner Titcomb moved to accept the appointment as made and table the remaining appointments. Vice Mayor Jaskiew~cz seconded the motion, which carried 5-0. III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of February 4, 1997 No additions, deletions, or corrections were made to these m~nutes. 2. Joint City Commission/Chamber of Commerce Workshop Minutes of February 6, 1997 No additions, deletions, or corrections were made to these minutes. B. Bids - Recommend Approval - All expenditures are approved in the '1996-97 Adopted Budget None. C. Resolutions 1. Proposed Resolution No, R97-25 Re: Strongly opposing the distribution and use of SchedUle 1 drugs to patients 2. Proposed Resolution No. R97-26 Re: Authorize execution of Petition for cancellation of a portion of the erosion control line established for the Ocean Ridge/Briny Breezes Beach Restoration Project MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Proposed Resolution No. R97-27 Re: Accept Letter of Credit submitted by First Eagle Developments, Inc. (Flowers Distribution Center at Quantum Park) Proposed Resolution No. R97-28 Re: Thanking Scobee-Combs- Bowden Funeral Home for supplying the concrete base for placing of Bronze plaques on unmarked veteran graves This item was moved to IV.B.5. Proposed Resolution No. R97-29 Re: Authorize execution of Addendum 1 to Interlocal Agreement for water service between the City of Boynton Beach and the Town of Ocean Ridge providing for the installation of a subaqueous water main Proposed Resolution No. R97-30 Re: Authorize execution of services Agreement between the City of Boynton Beach and Aerotek for short-term temporary staff Proposed Resolution No. R97-31 Re: Authorize execution of Amendment 001 to agreement with Palm Beach County Housing & Community Development for Ezell Hester. Jr. Park improvements providing for a time extension for Phase 1 Proposed Resolution No. R97-32 Re: Abandonment of the eastern portion of the cul-de-sac located at the northern terminus of Kepner Drive (a/Ida S.E. 7th Street) Proposed Resolution No. R97-33 Re: Authorize execution of Beer Garden and Merchant Exhibitor Agreement for Boynton's G.A. LA. between the Greater Boynton Beach Chamber of Commerce and the City of Boynton Beach D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. E. Payment of Bills - January 1997 A list of these bills is attached to the original minutes on file in the City clerk's Office. 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 F. Approve purchase of one Davis EMU Submersible Pure p for Lift Station #6151Meadows Development from A. Guthrie & Associates, in the amount of $14,664.00 Pursuant to the agenda item request form, the Utilities Department is requesting to purchase an additional Davis EMU submersible pump for Lift Station #615/Meadows Development. This pump replacement was not a part of the agenda request of January 21. 1997. It was in the 1997/98 Budget Replacement Schedule. but the Utilities Department does not feel it will last that long. G. Approve one year extension for the annual contract of aquatic vegetation control from Aquatic Vegetation Control Pursuant to the agenda item request form, this bid will expire on March 19, 1997, but according to the terms and conditions of the contract, we have the option to renew it and extend the prices for an additional year. H. Approve Change Orders #1 and #2 with Therma Seal Roof Company, Inc. for additional work ~ecessary to complete the new metal roof on the Elementary School building for a combined cost of $11,160.00 Pursu ant to Facilities Management Division Memorandum No. 97-8 to Dale Sugerman when the or g nal roof was being stripped off areas of the old roof were found to be hot- mopped to the wood deck and not n~a ed This required considerable extra hand work to break the tar and paper loose. The architect, Bob Currie, reviewed the extra work and agreed it was an unforeseen condition, which costs $2,400.00. In addition, the contract for construction contained allowances for replacement of rotten or'damaged wood. which was found during the construction. Unit prices were included in the bid. This Change Order is for those limited priced extra repairs, the cost of which is $8.760.00. I. Approve transfer of funds from Contingency to cover fee and expenses for Dr. Betances - Multi Cultural Diversity Training Commissioner Tillman pulled this item from the Consent Agenda for discussion. J. Approve one (1) year extension for the bid an nual contract for landscape mair~tenance ~vith BLC Company, First Genesis Lawn Service, and Tare Landscaping Pursuant to the agenda item request form, this contract is to landscape areas the City ~s unable to maintain with the present Work force while striving to save money by not hiring more employees. This bid exl~ired on February 5, 1997, but according to the 5 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 terms and conditions, we have the option to renew it and extend the pnces for an additional year. K. Approve request for refund on Cemetery Lots 87 and 88, Block I, Boynton Beach Memorial Park Pursuant to the agenda item request form, Douglas R. Witchey requested a refund on the above lots because he is not able to continue paying on them due to financial hardship. L. Approve request for disinterment and refund for Lot 18A, Block Y, Boynton Beach Memorial Park Pursuant to the agenda item request form, Gladys Goldberger requested permission to disinter the remains of Shannan Goldberger from the above lot in addition to a refund on said lot. M. Approve purchase of a Proxima Model 5600 LCD Projector for the Commission Chambers from INACOM via the Pinellas County contract in the amount of $7,153.00 Pursuant to the agenda item request form, funds are available in the ITS reserve account 001-000-1-451.18. N. Approve Request for Proposal to hire consultant to prepare the five year consolidated plan for H.U.D. Metropolitan City Entitlement Status for Community Development Block Grant Funding Pursuant to the agenda item request form. this will serve as the City's application for Entitlement Status from the U.S. Department of Housing and Urban Development. Motion Commissioner Bradley moved to approve the Consent Agenda with the exception of Items C.4 and I. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. I. Approve transfer of funds from Contingency to cover fee and expenses for Dr. Betances - Multi Cultural Diversity Training In response to Commissioner Tillman;s questions on this item, City Manager Sugerman explained that the funds were moved from Contingency into Community Promotion. The unencumbered balance is how much year to date has not been spent as of January 31, !997. If the Commission approves the adjustment this evening, the 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 adjustment will be for an additional $7.000.00 going into Community Promotion and coming out of Contingency, for a total adjusted budget of $17,000.00, with expenditures and encumbrances of $1,850.00 year to date, leaving $15,150.00. Dr. Betances~ bill still needs to be paid against the $17,000.00. Therefore, the unencumbered balance will be reduced by Dr. Betances' bill. Motion Commissioner Titcomb moved to approve Item II1.1. Commissioner Bradley seconded the motion, which carried 5-0. Commissioner Titoomb pointed out that according to the agenda, the Commission approved the minutes of the February 4~ and February 6'n meetings. However, only the minutes of the February 4~n and February 7th meetings were in the backup package. Motion Vice Mayor Jaskiewicz moved to approve the minutes of the February 7th meeting. Commissioner Titcomb seconded the motion, which carried 5-0. Mayor Taylor asked that the minutes of the February 6~" meeting be brought back at the next meeting. IV! ANNOUNCEMENTS & PRESENTATIONS A. Announcements 1. Tunes in Town Concert - February 21, 1997 from 5:00 p.m. to 8:00 p.m. - Gerald Dimitri - Jazz Mayor Taylor made this announcement and encouraged everyone to attend B. Presentations Representative Sharon Merchant presenting two checks for $53,800.00 each for the Boynton Beach Elementary School Project - Grant #SC705 Mayor Taylor introduced Rep. Memhant, who presented the City with two checks, each in the amount of $53,800.00. from the Secretary of State's Office for the elementary school. She stated that since the Secretary of State has taken office, she has made it a ~oint to make sure that the representatives do their jobs and help her reconnect and be 7 MINUTES CITY-COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 available to the City. Rep. Merchant wished the City good luck and success with the downtown revitalization. Mayor Taylor thanked Rep. Merchant and said he appreciated her support in helping us to get these funds. Proclamation - Community Caring Center of Boynton Beach Week - February 23 through March 1, 1997 -Accepted by Rev. Hank Ackermann Mayor Taylor read a proclamation declaring February 23 through March 1, 1997 as Community Cadng Center of Boynton Beach Week and presented it to Rev. Ackermann. He thanked Rev. Ackermann for doing an outstanding job in this community, Rev. Ackermann thanked the City for this proclamation. He advised that on February 23 at St. Thomas More Church on Military Trail from 4:00 p.m. to 6:00 p.m. there will be a choir festival. Many chumhes and choirs in the City participate in this festival. This is their only major fund raising event. He explained that the Comm unity Caring Center is nearing its tenth anniversary. They help people who need bills paid, food. or a place to stay. He also explained the S.H.A.R.E. Program wherein for $14.50 a month, a person can get a package of food worth $35.00. They also sponsor the Community Forum which meets on the last Tuesday of each month in the northeast section of the City. Proclamation and presentation of Certificate of Appreciation to James R. Patterson, Recreation Supervisor, recognizing his retirement after 30 years of service Mayor Taylor read a proclamation proclaiming the City's thanks to James Patterson for his devotion and dedicated public service in providing quality leisure opportunities for our residents and enhancing our community's quality of life. On behalf of all the citizens of Boynton Beach, Mayor Taylor thanked Mr. Patterson for 30 outstanding years of service. Charles Frederick, Director of Recreation and Parks, commended Mr. Patterson for his loyalty and dedication. He stated that Mr. Patterson has been a tremendous asset to the City and will be hard to replace. He invited everyone to drop by the Art Center this Monday from 2:00 p.m. to 4:00 p.m. to wish Mr. Patterson' luck on his retirement. He presented Mr. Patterson with a Certificate of Appreciation recognizing his 30 years and 6 months of loyalty and dedicated service as Recreation Supervisor of the Recreation Department. Mr. Patterson thanked everyone for the recognition. 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 4. Presentation of trophy and award by Jim Neff, Vice President, Crom Corporation, for the City's Elevated storage tank Mr. Neff presented an award for excellency in construction to the City of Boynton Beach for the elevated tank project at the water treatment plant. Crom Corporation won this national award as the design builder and the City won it as the owner. The consultant engineer. CH2MHill also received a trophy. This national award is presented by the Associated Builders and Contractors, which is a national merit shop contractors association. Out of several hundred entries, only two were given this award~ He presented it to John Guid~y, the Director of Utilities and stated that Mr. Guidry recognized the need for an elevated tank and made it a concrete tank instead of steel, which requires a lot of maintenance. Mr. Guidry stated that everyone, including past Commissioners. was very helpful in making this come about. All of the operators in the facility are very proud of this tank, which maintains the pressure across the system and provides excellent water service. 5. Proposed Resolution No. R97-28 Re: Thanking Scobee-Combs- Bowden Funeral Homefor supplying the concrete base for placing of Bronze plaques on unmarked veteran graves Commissioner Bradley read Resolution R97-28 thanking Scobee-Combs-Bowden for providing the concrete and pouring the bases for placement of the headstones for the unmarked veterans' graves. 6. Presentation to the Boynton Beach Police Department Mayor Taylor asked Chief Marshall Gage and Captain Steve Grenier to join him at the podium. He advised that a couple of weeks ago the City held a diversity training session. He was pleased that the Boynton Beach Police Department took a very active part in that session and were there in force. He felt that Boynton Beach is moving in the right direction when it comes to diversity ~n our community. He presented Chief Gage with of a photograph from the front page of the local newspapers. It was a photograph ofour officers embracing other members of our community. Mayor Taylor suggested that it be displayed in the Police Department as a reminder that they take the lead in the community in accepting each and every one of us. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Mayor Taylor offered to contact Ms. Willis and work on the parameters that we have set forth in our guidelines as to what we can offer as a contract. He wished to have her on board by March 3, 1997. The motion carried 5-0. V. CITY MANAGER'S REPORT A. Authorizing the City Manager to begin final negotiations with the Town of Ocean Ridge for the sale of land adjacent to their Town Hall Mayor Taylor explained that this regards the City selling the two parcels on either side of the City Hall in Ocean Ridge. ~nstead of authorizing the City Manager to "begin final negotiations", MaYOr Taylor would rather authorize him to "continue negotiations'~. He pointed out that arevious negotiations have taken place. In addition, he would like this to come back to the Commission to see if they are happy with what is negotiated. He stated that one ofthe issues that should be discussed is where we would go if:we ever wanted to expand parking at the beach. Vice Mayor Jaskiewicz suggested selling one parcel and retaining the other. Commissioner Bradley pointed out that we are trying to help out a fellow entity and we want to do what we can to help their situation. However, it is important to remember that this is our property and if we have dilemmas or obstacles to what we want to see happen at the beach or surrounding areas, this is a mechanism for us to at least think about what is best for Boynton Beach. B. Wilfred Hawkins to act in Dale Sugerman's behalf during his.absence City Manager Sugerman advised that he will be attending the Florida City and County Management Association Winter Institute and will be out of the City this Thursday afternoon and Friday. He appointed Wilfred Hawkins to act in his behalf during his absence. C. Chapel Hill Sign Project City Manager Sugerman advised that the City Attorney's Office is coordinating the Chapel Hill Sign Project. The City is willing to be the applicant and is considering a licensing agreement However, at the moment, we are researching the legal descriptions to determine exactly whose land is whose and who controls the rights-of- way. Once we identify who owns the land, the process should be very s~mple. 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 X.A. NEW BUSINESS Discussion on the Selection of a City Manager Mayor Taylor advised that we have met all the candidates one on one, in a group session, and in a social setting. He asked for each Commissioner's comments and recommendations. Commissioner Titcomb was impressed with all three candidates. However, he gave a higher ranking to the two candidates from Florida. He was impressed with Mr. Sallee's intelligence, articulation, and past experience. However, he was impressed by the preparedness and intuitiveness that Kerry Willis brought to the process. Ms. Willis came very well prepared and very wetl in tuned to some of the issues and facts about Boynton Beach. His first choice was Ms. Willis. Commissioner Bradley felt all three candidates were qualified. However, his first choice was Kerri Willis and he would like, herto start as soon as possible. Mayor Taylor was impressed with the empathy that emanated from Ms. Willis when she talked about her employees in the past and her dealings with them. He was looking for a people person and felt this was a person who could build a team within the City employees and that she would be in touch with this community. He was impressed with her knowledge of this community. It was obvious that she had done her homework. She was knowledgeable and was able to suggest ways to go about accomplishing the goals that this City has. His first choice was Ms. Willis. The criteria that Vice Mayor Jaskiewicz had was someone who would benefit this City the most. She wanted someone with Florida experience and compatible experience with the needs of our City. She felt it:was very ~mportant to have previous successful City Manager experience. She found all of these attributes in Ms. Willis. Vice Mayor Jaskiewicz considered Ms. Willis' legal background an asset to the City and to the position of City Manager. Her flrs~ choice was Ms. Willis. Commissioner Tillman felt the strongest of the three candidates was Ms. Willis. He was impressed with her straightforwardness, fortitude and stamina. He felt Ms. Willis will do a big service to this community. He looked forward to working with her as soon as possible. MOtion Commissioner Titcomb moved to extend the job offer of City Manager of Boynton Beach to Kerry Willis, enter into negotiations for that process, and encourage her to start as soon as possible. Commissioner Tillman seconded the motion. 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 D. Collapse of Sewer Line City Manager Sugerman advised that an 11 foot deep sewer line collapsed today in he 400 block of Martin Luther King Jr. Boulevard; however, it did not cause any major problems. Staff is working on repairing it. The repairs should be completed Friday afternoon. In the interim, the road will be closed. Police, Fire, and Communications have been notified about the road closure. Vk BIDS None, VII. PUBLIC HEARING Project: Boulevard Center APPLICANT REQUESTED POSTPONEMENT TO FEBRUARY 18, 1997 Agent: Charles Putman and Associates, Inc. Owner: Howard S. Scharlin. Trustee Location: South side of Boynton Beach Boulevard between South Leisureville Boulevard and NW. 8,n Street Description: Land Use Plan Amendment/Rezoning/Com prehensive Plan Text Amendment - Request to amend the Comprehensive Plan Future Land Use Map designation of a 2.5 acre parcel from Moderate Density Residential to Local Retail Commercial rezone from R-l-AA (PUD) to C-2. Neighborhood Commercial, and amend Area 7.a of the Comprehensive Plan Future Land Use Element to allow commercial use. City Attorney Cherof advised that the developer requested that this matter be [abled until the next meeting because he has not had the opportunity to fully explore and continue discussions with adjacent property owners. Motion Vice Mayor Jas. kiewicz moved to table this item until the next meeting. Commissioner Titcomb seconded the motion, which carried 5-0. Project: Agent: Owner: Location: Marina Project Robert G. Currie, A1A - Robert G. Currie Partnership, Inc. Ocean Breeze Festival Park Northwest corner of Ocean Avenue and Orange Grove Avenue 12 MINUTES CITY COMMISSION MEETING BCYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Description: Conditional Use/Site Plan Approval/Site Plan Review - Request for site plan approval of a mixed use project comprised of a 36,440 square foot, 220 boats, boat storage building, marina, 31,370 square feet of retail/office floor area including sale of fuel for boats and two restaurant buildings totaling 13,910 square feet on 6.93 acres. Mayor Taylor advised that this item may turn out to be rather lengthy. If so, the Commission may consider setting a special meeting to cOmplete this issue. At this time, Mayor Taylor recessed the City Commission meeting and reconvened as the Community Redevelopment Agency. Since the applicant was not present, Tambri, Heyden, the Director of Planning and Zoning, made her presentation first. She was sworn in by City Attorney Cherof. Ms. Heyden advised that two aspects of this project require special consideration--the dry boat storage component of the use and the building height that is proposed for the boat storage use. The property is a 6.93 acre parcel, part of which is water area. It is located on Ocean Avenue and its northern property boundary is the extension of Boynton Beach Boulevard. The property is zoned Central Business District. It is comprised of a mixture of uses. including a one-stow, 36,440 square foot boat storage building, which hasa capacity of 220 boats. However, it exceeds the height limit because of its decorative elements. It height, with these elements, is 63'10". The developer is proposing 31,370 square feet of office and retail floor area. a two stoW building, as well as 13,910 square feet of restaurant floor area for two restaurants. The City Zoning Code contains several standards that have to be evaluated to determine whether a conditional use is appropriate. They include ingress and egress. off-street parking, loading areas, buffers, utilities, signs, lighting, setbacks, open spaces, general compatibility with adjacent properties, building heights, and economic effects of a use on adjacent properties. Three access points are proposed--a two-way access point off of Boynton Beach Boulevard. an access which is an extension of the parking area that terminates in a cul- de-sac, andan access off of Ocean Avenue which turns into Casa Loma Boulevard and terminates in a cul-de-sac. The right-of-way of Casa Loma Boulevard is proposed for parking. On Friday, she received a revised site plan which makes some of these issues moot. but some points are stil outstanding. Mr. Currie will describe this proposal when he makes his presentation this evening. Since he was not yet present, she discussed the plans that 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 were on file and reviewed by the Technical Review Committee and which were the basis for her report. Ms1 Heyden advised that Mr. Currie has done some things with this revised site plan to increase the number of parking spaces on site. but for the major part, parking spaces are proposed along Casa- Loma Boulevard. They are proposing to improve this right-of- way with pavement, landscaping, lighting, and sidewalks. In exchange, they are looking for credit of those parking spaces towards the on-site parking requirement. There are a number of ways that our CBD Code allows one to evaluate the shortage of parking. Those four points were addressed in the staff comments, and ,that is what Mr. Currie is attempting to satisfy. However. at this point in time, none of those have been agreed upon. There are a number of loading areas scattered throughout the site. The loading areas on this plan are adequate. Mr. Currie has proposed to pick up parking spaces by eliminating some loading zones. Based on this plan. these loading zones, and the ocation of them, this has been termed to be adequate to service the needs of the restaurants and the deliveries from the retail uses. With respect to refuse and service areas, the Public Works Department is recommending denial of the proposed sanitation pick-up area because of the location of a trash compactor. With regard to utilities, at the time this report was generated, a utility plan was not submitted to staff. As of this afternoon, a utility plan was received; however, it has not been distributed to staff. Based on the lack of a utility plan, the Utilities Department recommends that the project not go forward until the utility plan is accepted by them. There are a number of issues with respect to the utility plan. in September, the City agreed to relocate the utility line which runs from Ocean Avenue to the lift station. However, at this time because there is no utility plan, the Utility Department is not sure whether or not the boat storage building s~ze and location would work in conjunction with relocating the line because it was uncertain whether or not you would get the depth of the line in order to allow gravity and sewer to the existing lift station on the north side of Boynton Beach Boulevard. With respect to screening, buffering, and landscaping, the CBD is governed by the CBD guidelines. These guidelines address landscaping, architecture of the building, sidewalk connections, and aesthetic issues such as benches. The landscaping plan that was submitted does not meet the CBD guidelines, whichrequire a tropical type of landscaping. In fact. there is an internal conflict with the CBD guidelines and our landscape code with respect to native species. It is very difficult to meet the new species requirement and meet the CBD guidelines because the selection of plant material is very limited. Staff is very satisfied with this particular landscape plan. 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 However, in order to add more parking spaces on this plan, some of the landscaping on the north and west sides of the boat storage building has disappeared. Staff finds the signs, exterior lighting, traffic safety, and glare acceptable. The CBD guidelines talk about color. The color pallet is very limited. The colors that the applicant is proposing are within the CBD guidelines; however, staff feels that the design of the bridge and the design for this particular building are compatible in terms of similar styles and colors. Regarding setbacks and open spaces, one of the restaurant buildings (Restaurant #2) encroaches into the right-of-way, as well as the trash compactor enclosure and a small fuel kiosk. The revised plan proposes to remove the fuel kiosk, but still continues the 8 foot encroachment into the right-of-way. Staff recommends that the right-of-way not be abandoned in order to retain access to the park. Staff recommends some other alternative be created either to allow this or require the building to be pulled back from the right-of-way. With regard to general compatibility with adjacent properties, Ms. Heyden stated that the Community Redevelopment P~an was adopted in 1983. Not much of it has been ~mplemented. However, the kinds of uses that were envisioned for this area were uses that would be open all night or.late in the evening to encourage a sense of security and uses on other pieces of property that have an economic spin-off effect. Marina designs are a very specialized area. We do not have anybody on staff who has this kind of technical expertise. Staff has received some feedback from different marina operators in the area. From an outside standpoint, it was felt that sincethere was no floating dock, and since no repair or detailing was allowed, and given the narrowness of this cana r: the success of the boat storage building m~ght be in jeopardy. Regarding the height of the buildings, Ms. Heyden already mentioned that the building height is 63'10", taken into cons,deration all of the decorative element. However, the building heights in the area range from one story to five stories. Therefore. there is quite a mixture in the area. Last year, the City Commission raised the height limit for any use that went through conditional use approval and could substantiate the increase in height. Therefore, given this recognition of increased heights in the CBD, and the mixture of heights in the area, the Department feels the height is compatible with [he adjacent uses. A marketing study was submitted last week. Staff has not had the opportunity to provide written comments to that study. Ms. Heyden felt it would be more appropriate for the Economic Development Coordinator to do that. Ms. Heyden stated that all of the following issues taken together have led staff to recommend denial of this project: 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Lack of the utility plans; Lack of a storm water management plan: Lack of a alan to address the parking situation; and Lack of documentation regarding improvements that are proposed on properties that are not owned by the applicant. Ms. Heyden pointed out that some of these issues have changed since this report was written. Commissioner Titcomb pointed out that the Economic Consultant surveyed the same marine entities that Ms. Heyden did and there are conflicting comments in terms of the economic feasibility of the boat storage facility. He requested that this be clarified at some point. At this time, those who intended to testify were sworn in by City Attorney Cherof. Amhitects Gary Eliopoulos and Robed Currie of Robert G. Currie Partnership, Inc. introduced themselves. Mr. Currie stated that he has been feeding staff bits of information, which makes it harder for them to evaluate because they keep getting little changes as he tries to respond to everyone's concerns. Mr. Currie said the Commission was concerned about aesthetics and making this pedestrian friendly. Therefore. a brick walkway was created all the way around. It is a minimum of 10 feet wide. and is as wide as 20 feet in some places. There is four feet of dock below that. There are ways to get through to the dock. On the dock. he provided lighting bollards that go all the way around. He developed the park area to the degree allowed. Mr. Garcia is willing to put a sea wall all the way around, brick it in, and put in benches. trash containers, lights, water fountains, and banners to make this a festive place and a place for people to walk and enjoy the waterfront. Sidewalks connect from the street, and there is a connection to the park. The main issue at the Community Redevelopment Advisory meeting seemed to be parking. Mr. Garcia has a non-exclusive right, a perpetual use license, to use the right- of-way on Casa Loma Boulevard for parking for everybody's use. This agreement cannot be modified, amended, or terminated without the prior written approval of the parties to this agreement. The only people who are going to park in the right-of-way on Casa Loma Boulevard and Orange Drive are the people who are using Janet Hall's property, the Two Georges, or Mr. Garcia's property. It seemed reasonable to Mr. Currie that this parking should count for those three entities. Mr. Garcia is the majority landowner and borders it. There are 69 spaces in this right-of-way. Because the Code states that you have to be 63 feet wide and the right-of-way is only 55 feet. the additional space is taken up on Mr. Garcia's side. Therefore, the parking goes over that line. That includes the 15 spaces where the nose of the cars are in the right-of-way. Mr. Currie felt he should be able to count half of them in the parking count. 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 There was contention about bringing boats in one end of the boathouse so we have taken that off and parked eight cars along there. We have an additional 34 cars on the site. We have eliminated the two-story dock master building which allows us to bring boats in th~s way when we do not bring them in by water. We have taken 3,200 square feet of office space off. If we can find additional parking when the structure is built, Mr. Garcia will putthat back. At this point, 216 parking spaces are required, and we are providing 216 using halfthe right-of-way for our count. As far as the total parking, we have 251 spaces. Janet Hall and the Two Georges require 26 spaces, and we have provided 35 spaces for them in this right-of-way. In addition, Mr_ Garcia has started investigating other options, such as buying other property, seeing if he can share parking lots with adjacent neighbors, or perhaps building some along the north edge with cooperation from Mrs. Hall. Mr. Garciawill look for additional spaces: however, he wants to know if he has a project first. If he has a project and it needs to have more parking spaces, he will pursue that issue. Mr Currie requested the following from the City: All permit and impact fees will be waived (County and City). Create encroachment agreement for all structures in right-of-way (dumpster enclosure and Restaurant #2--kiosk, compactor, and public restrooms): He felt that is a better utilization of the property. This is the most valuable piece, which means you can develop the best restaurant in terms of use and it also gives that opportunity to the Two Georges which right now has a very narrow piece. We can pull that restaurant back to the right-of-way line and still have a decent restaurant. Public park will be refurbished and maintained by developer (including right-of-way and Two Georges). Waiver from required 100 foot diameter dedicated around cul-de-sac to 90 foot diameter. Usually they ask for 100 feet to have an extra 10 feet. We havea 90 foot cul-de,sac, which is big enough for a fire truck to get around. Extension of N.E. 2nd Avenue to be built and designed by City of Boynton Beach or Palm Beach County. Use Casa Loma Boulevard for shared parking; to be built, maintained, licensed, insurance paid, etc., for maintenance by the developer. Waiver from required colors, materials, light fixtures, and landscaping from Boynton Beach CBD guidelines. He felt he has done a better job and that the original guidelines need to be updated. 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Any existing utility easement will be abandoned at the time of the new utility access is established and approved by all parties. The City has some easements that it does not need, and the developer will need to provide some additional easements. This is a civil technical issue. City will provide all utilities to site: electric, sewer, water, etc. City Manager Sugerman asked Mr. Currie if he is requesting that the City provide all City utilities. He pointed out that the City does not have the electric system. Mr. Currie answered affirmatively. City to build and design sidewalks, lights, and landscaping at south side of Casa Loma Boulevard (dive shop, Janet Hall. and Two Georges properties and written consent). He provided the parking lot to go to the east with the landscaping in the crosswalks, etc. A City ordinance requires a sidewalk there. He was not sure that the owners want it, and he does not have their permission to do it. He requested that if the City requires this sidewalk, and the two owners want it, that the City pay for it. All parking in Casa Loma Boulevard right-of-way to have a maximum of two hour parking restriction. This is something that staff and the Commission asked for so that drift boat people will not park in the right-of-way all day. Developer agrees to provide additional right-of-way for N.E. 6~n Street. Right now, there is only half a right-of-way dedicated. Developer agrees to impreve eastern portion of wood dock (Casa Loma Boulevard), ke., to construct concrete sea wall to replace existing wood dock. Boats shall be permitted to parallel to Restaurant #2 (open to public at all times). City to give any rights thal~ it may have in the drainage easement granted by the DOT parallel to the proped7 running west to east (N.E. 2nd Avenue) to developer for purposes of additional parking. City contribution be funded by City to developer upon final CO. Mr. Garcia is suggesting that he pay forlthe impact fees permit fees. etc. and that once he gets the final build ng built, the/,City refund the money. Request waiver of vehicles to back into public right-of-way (Casa Loma Boulevard). This is a technical issue. There are also some things about landscaping in right-of- ways. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, t997 With regard to the sewer line. the City provided an estimate of $200 000. If it exceeds that estimate, Mr. Garcia will pay anything over and above that estimate. Mr. Currie advised that a market study has been submitted, in addition to several drawings which need to be modified again because of the additional changes. A fire study is being done because of the Fire Marshal's concern. A special fire consultant has been hired and he is beginning his analysis. He has a system for how we can safely protect the buildings, boaters, and pedestrians. He has not completed it; however, he submitted a preliminary outline. It seemed to Mr. Currie that Boynton Beach is in the same position that Debay Beach was seven or eight years ago. Seven or eight years ago, there was 50 percent occupancy on AtlanticAvenue in Delray Beach. and a lot of those businesses were second-hand shops. There is now 100 percent occupancy. A bond issue was passed for $20 million, and additional money was been put in by the City and from some grants. The net result of that effort is that now over $300 million of private development money has been put into the downtown of Delray Beach. There are over 30 restaurants ~n and about Atlantic Avenue. Two years ago. an average of 30 people were on the streets on Thursday, Friday and Saturday nights. Today, between 15.000 and 20,000 people visit that area Mr. Currie sees the same spidt and attitude here and thinks this project can begin that redevelopment. He felt it was time for us to let Mr. Garcia build his buildings and for Boynton Beach to have this redevel0pment project. Don Freeman is an attorney and the personal representative of the Estate of George Culver. He spoke on behalf of the Two Georges and as a landowner. Mrs, Culver was also present, as well as the Skaggs family, who has this business property under contract. He advised that they are strongly opposed to this project. The density is too high. The developer ~s squeezing all the buildings onto the property, which forces him [o put his parking in a public right--of-way. The Commission is being asked to take away the public right-of-way ('Casa Loma Boulevard) and make a parking lot out of it. That will have serious access ramifications on the Two Georges property. If this project is approved, delivery trucks, customer vehicles, and emergency vehicles will no be able to get to the property. He asked how he can assure his lenders and prospective purchasers that he has public access [o his property. By putting in the curb ~and sidewalk the developer is taking away 16 of his existing parking spaces. The project is so dense that it will cause a traffic jam. He stated that the deYeloper can eliminate some of the buildings or cut down the size of the buildings and put his. parking on his own land as most projects are required to do. Mr. Freeman was not opposed to a well designed project that will work. However, ifthe developer builds something that does not have adequate parking and as a result is not successful, there will be vacant buildings and we will all lose. He stated that the developer is,building in the right-of-way and talking about putting pavers on other landowners' properties, He Said the developer does not have the other landowners' permission to do that, He was willing to 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 work with the developer to design something that will work whereby they have adequate parking on their property so we can have access up and down Casa Loma Boulevard. He was surprised to hear that Mr. Garcia has some legal right to Casa Loma Boulevard He said he has heard about an agreement at one point in time that required him to get the signatures of Mrs. Hall and the Two Georges, but those documents were not signed. He did not think that Mr. Garcia has any greater right to the use of that public street than we do. Mr. Freeman said floating docks will be needed and the boats will have to repaired on site because they break down. He requested that this project be rejected and sent back to the drawing board. Frances Cleary, 850 Horizons East. believed the Commission has more imagination than she sees reflected in this report tonight and was sure they could come up with something much better. She believes there previously was a boat storage in this area and it went out of business because it was not wanted. Burl Krueger represented the contract purchaser of the Two Geor es He is also a planning and zoning consultant. He stated that the intensity is goi~g~ · to kill this project. He pointed out that Delray Beach, West Palm Beach. Boca Raton, and Mizner Park have parking problems. He stated that if people cannot park, they will not come. If the street in front of Two Georges is abandoned, people and delivery and fire trucks will not be able to drive up to the restaurant. Two Georges will be cut off and will not have frontage on a PUblic street· If th s project is going to work, off-site parking is needed. The restaurants and retail will not rent if there are not enough parking spaces. He requested that the parking be in place when the prolect is built. Susan Buchanan. 807 Ocean Inlet Drive. represented the Inlet Cove Association. which is comprised of 116 homes located in the neighborhoods of Harbor Estates. Yachtman's Cove, and Coq ulna Cove. The Association is in support of a marina project. However, it has reservations about any project that nc udes a boat storage facility. The AssOciation is concerned about the parking and boating safety. This area is already very congested, and the Intracoastal is narrow near the bridge, the Banana Boat and the TWo Georges. The canal that would be in front of the boat storage is very narrow The Association is also concerned about the economic impact that this project will have on the existing businesses which have been there for a long time. She concurred with ,~,s. Cleary that the City has the imagination and creativity to come up with something that would be conducive to the sort of development we a env sion. She urged that Tore time be spent on a master plan that would encompass areas that will be pedestrian friendly, user friendly, and conducive to growth in the future that would be more along the lines of an Atlantic Avenue in Delray Beach She pointed out that there is not a large boat storage facility anywhere nearAt ant c Avenue and urged the Commission to look at existing boat storage facilities and notice what type of development has gone ~n around them She felt that given t me, Todd Kotas, the Economic Development Coordinator. could come up with other suggestions that m~ght 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 be more beneficial to all of us. She urged the Commission to reject this portion of the marina project. James Weege has been m business at 127 East Woolbright for approximately 23 years. He sees growth in every sector of the City except the core business downtown area. He stated that boat storage facilities are very large barn-like structures with large rolling doors and a big noisy forklift. It is not a pretty sight unless you like the smell of gasoline and oil, or the drone and clamor of a forklift. In and out boat storage is noisy, dirty, and one of the most unattractive sights along any waterway. Downtown revitalization will not grow around this marina, as proposed. It will kill the downtown for years to come; He suggested that the Commission check out other downtown areas that have a manna and see if the marina has revitalized those downtown areas. Terry Brabham, 652 South Road, has worked at this marina when it was an open storage. He is a State licensed General Contractor and owns a charter boat. He asked the Commission to hold the applicant to the Code and not to give up anything. He stated that 345 ~3arking spaces are required and the developer claims he has 152. The are still short 93. In addition, of those 152 spaces. 55 of them are on public right-of- way. He pointed out that some of the charter boat operators' licenses are based on the parking spaces on Casa Loma Boulevard, No new licenses can be issued at this time because of the parking. Those spaces are already allocated and he did not think the City can give them away twice. He stated that when the marina was being operated, there were 105 boats sitting on the ground. At any given time. 75 boats were out. He felt it was erroneous to say that only 55 out of the 220 boats will be out. During the holidays, there will be 220 cars there if there are 220 boats. He suggested the City talk to Palm Beach Yacht Center or Hypoluxo or 8TM Street and see what their turnover ~s. He pointed ou~ that the dive charters bring business into this area and requested that the Commission deny this project, as recommended by staff. Marie Shepard, 140 W. Ocean Avenue. recalled that there were plans that the north and west sides of the boat storage area would be landscaped and have waterways. She did not think people will stroll around a boat storage facility for entertainment. She pointed out that Mizner Park and Delray Beach do not have boat storage facilities. Her property is on the north side of the boat storage facility. She did not feel this is the best use of this property. She felt we would be better off puffing together as much property down there as we can. She felt more parking is needed and pointed out that the Catholic Church already has a parking problem Chris Ciasulli, General Manager of Gateway Marina, 8250 S. Federal Highway, Hypoluxo, defined a marina as offering service parts, sales, fuel, bait, tackle, and in and out storage The Gateway Marina has always had a parking problem. They have about 170 boats. Their capacity is approximately 250. counting the outside storage. On a holiday Weekend, many of their customers take their boats out and leave their 21 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 care there for a week. It is a big, ugly barn. and the forklift is unattractive. He asked if fuel tanks are in the ground, if the DOT is aware of them, and if there is any contaminated soil where those tanks are. The Gateway Marina had to go with an above ground fuel tank about four years ago because the soil was getting contaminated from the underground tanks. The Gateway Marina would not exist without a service department. It has two floating docks, and during the holidays, the area ~s a zoo. Julian Lieberman 10128 Lexington Circle North, wished to address the color guidelines for the CBD: however. Mayor Taylor informed him that he would have to discuss that under Public Audience. Ken Blair. 825 Ocean Inlet Ddve, is a State General Contractor and has done some planning and development. He understood incentives, but did not think a boat storage facility would increase the tax base, He was concerned about safety where the Intracoastal narrows. He did not feel that this project will not bring the people downtown in the evening, nor develop the downtown the way we envisioned it. The utility change will cost much more than what was quoted. The problems associated with the parking are insurmountable. He stated that the boat storage facility in Deerfield Beach has a five month waiting list. Most of the boat storage facilities north of here have 75 to 80 percent occupancy. Most of the people who will be using the boat storage facility are not from Boynton Beach. They will be from Delray Beach and Boca Raton where they have limited parking of their boat vessels in their own yards. The benefit will be to the property owner who at $200 per slip and with a small number of employees, would make $40.000 a month. He did not think the downtown will benefit from a boat storage facility. Maurice Rosenstock, One Villa Lane, rs a member of the Planning and Development Board He felt the time has come for the City Commissioners to lead. He stated that Congress Avenue is the downtown, not the CBD. He felt the City Commission should evaluate all the requests, make a list, and have the experts check out the costs and determine if the cost effectiveness is related. He stated that there are over 300 parking spaces ~n that general area and felt the last thing we should be con cemed with is the number of parking spaces. He felt the return on the tax dollars and the return on sales taxes would more than pay for a parking garage. Lee Wische. 1302 S.W. 18'" Street, has lived here for 24 years. He stated that if you took an aerial view of Boynton Beach. downtown would be Congress Avenue from Hypoluxo to Golf Lane. He stated that for 24 years, he has been waiting for something to happen with this site. and all he ever hears is that there is a better use for that land. He stated that that better use has never come until this project presented itself. He said it has problems, but we have to start somewhere. He stated that it will be a ghost town if this project does not get off the floor. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Kathy Shabotnyskyj, President of the Greater Boynton Beach Chamber of Commerce, supported the applicant's request for conditional use and the marina project. Stephen Jones, 808 Ocean Inlet Drive, has been a resident and businessman here for over 25 years. He felt the conditional use that has to be granted for this project should be done for the betterment of the people of Boynton Beach. A boat storage facility with in and out storage is not much different than a warehouse. It will not generate any business downtown, nor will it have any redevelopment effects. The only thing the boat storage facilities to the north of us have is a parking problem. They have no development on either side of them. People use their boats-then go home because they are tired and dirty. The Banana Boat has a very large park ng lot that s fu a the time, and they have overflow parking onto Ocean Avenu;. :l-his i~ not a project that the citizens want. George Homrich, 664 North Road. said when he thinks of redevelopment, he thinks of the Sailfish Marina; something uniq ue to our town. He felt the water is the backbone of our town. He said people want something exciting in this area. He urged the Commission not to be hasty and to take their time to make a good decision. Dan Richter, 3565 South Lake Drive, is the Vice Chairman of the Community Redevelopment Advisory Board. He stated that any redevelopment in this area ~s going to depend on the residential base as well as the commercial base. The residential is vital to this area. He did not feel that a boat storage building of this size will promote residential development. A boat barn ~s not pedestrian friendly. He stated that the developer has the land on 6th and Ocean Boulevard to build a beautiful multi-story parking garage, or he can acquire additional parking from surrounding properties such as, the Weege or Shepard property. He did not think a boat storage facility would add anything to the downtown. He would much rather see an extended stay hotel, a movie theater, or a bowling alley, which is more pedestrian friendly. He pointed out that Miami Beach, Mizner Park. and Delray Beach do not have a boat storage facility to stimulate their development Janet Hall. 700 Casa Loma Boulevard. pointed out that we have talked about this project, includir~g boat storage, for seven or eight years. She felt that anything developed on the water should involve boats. She pointed out that the Commission has it in their power to make sure that this Js not an unattractive building. She also pointed out that we had in and out storage here 10 or 15 year's ago for a number of years with 140 to 150 boats and a forklift, and we never once had a complaint in all thOse years. She stated that this piece of property needs to be dense in order to be economically feasible. She strenuously objected to a licensing of the City street and felt the parking can be solved wthout t She was not in favor of licens ng it for perpetua use and po nted Out that we do not know what might happen in 10 or 20 years. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Mayor Taylor asked Mike Taditz for his comments. Mr. Tarlitz is the Economic Development Director for Palm Beach County. He is involved in getting grants for cities to redevelop their downtowns. He referred to the $130.000.00 grant that the County awarded to the City last May toward this marina project. Without further extensions, this project would have to be completed within 24 months. Mr. Eliopoulos addressed some of the ~ssues brought up by the public and explained that when a city gives incentives to a developer, it could generate money for that city. A special meeting was scheduled for Wednesday, March 5, 1997, at 7:00 p.m. in Commission Chambers to further discuss this item. Vice Mayor Jaskiewicz pointed out that the previous plans that were approved for this project were almost the same as what is now being proposed. She stated that many of the same people that are objecting to this at this time were in favor of the Lighthouse Square project. At that time, the Community Redevelopment Advisory Board recommended complete approval of it. In addition. George Culver requested the support of the Commission for this project. He felt this was what the downtown needed. At that time, the project included a boat storage buiJding; however, it was not as aesthetically pleasing as this, or as pedestrian friendly. She pointed out that this area has gone down $2 million in assessed valuation since that time. Commissioner Bradley believes there are some difficulties with this project that need to be brought to light. One of them is the difficulty with the utility line. Our Utility staff has sa~d that the 24" line cannot be relocated. This is a gravity feed line and it has to go in a direct line to the lift station. If not. there has to be a different pumping situation. Mr. Currie clarified that City staff said they maynot have the proper elevation to go around the boat storage facility. However, the developer's Civil Engineer has looked at this and said it can be done. City Attorney Cherof advised that some of the documents, including the site plan, engineering report, and the fire study, have been revised and are available to the public through the Planning staff. Ms. Heyden clarified that she received the utility plans; however, she has not had a chance to review them. She said Mr. Currie did not know if the utility plans match the same scheme as the new revised site plan. She believes that it does not. Mr. Curde said it does not match because of the additional parking spaces. However, [n all other regards, it does. He pointed out that every time we make a change architecturally, it changes the civil, the landscaping, the count, etc. He did not think it significantly changes the civil. There is Just a little less impervious area. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Ms. Hoyden recommended that the review be based on rust the utility plans. She foresaw an internal problem in presenting a comprehensive list of comments that comprehenSively addresses alt ofthe different types of plans for this project. City Attorney Cherof suggested that Mr. Curde submit consolidated documents to be reviewed by staff, Mr. Currie pointed out that the changes are subtle. City Manager Sugerman felt staff is being put in a difficult position They are being asked to make judgments on a moving target. Mayor Taylor felt staff should give their best ;)rofessional opinion. He had no problem with staff basing their recommendations on what they have in front of them now. Mayor Taylor declared a recess at 9:13 p.m. and reconvened as the City Commission at 9:26 p.m VIII. PUBLIC AUDIENCE None. IX. DEVELOPMENT PLANS NOne. X. NEW BUSINESS A. Discussion on the seleCtion of a City Manager This item was dispensed with earlier in the meeting. B. Antennas on ExiSting TOwers Mayor Taylor advised that we had passed a moratorium on new locations for communication towers in the City. The purpose of this moratorium was to keep towers from proliferating throughout the City and to try to keep those locations in one place: However, a company would like to place an antenna on an existing tower. City Attorney Cherof advised that the intent was to have a moratorium on new antennas on new locations, not to interfere with the location of an antenna onto an existing tower. The ordinance is drafted in a broad fashion and may prohibit this. However, he saw no reason why we cannot modify that moratorium and let whoever wants to 'make application to use existing towers. Mayor TaYlor asked what benefit the City might derive from such an arrangement. 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Jeffrey Sluggett of Unruh Smith & Associates, represented NEXTEL Communications. The tower that NEXTEL wants to put their antenna is the Sprint tower at the Public Works site. He advised that NEXTEL would discuss the lease rates with the City. Mayor Taylor would like some t me to research this to see what would be equitable. He did not object to staff moving forward with this. However, his approval will be based on the City and the applicant coming to an agreement on the rate. City Attorney Cherof advised that the moratorium ordinance will probab y req uire modification. The first reading with be on March 4th and second reading will be on March 18% The lease can be approved at the March 18~ meeting. Commissioner Tillman inquired about other applicants wh :) may have been hampered by this. City Attorney Cherof was not aware of anyone else who has sought the location of an additional dish or antenna on an existing tower. However, the modification would have the same benefit to them as it would to this applicant. Ms. Heyden advised that there have been such inquiries. City Attorney Cherof stated that if we make the modification to permit this type of location on an existing tower, it is open to everybody. It was the consensus of the Commission to move forward on this item. C. Median Cuts on Federal Highway Mayor Taylor advised that the business owners are concerned that the Pantry, which has been in business for approximately 27 years, could possibly be put out of business by blocking offtheir ingress and egress. They felt this was a tremendous hardship not only for the Pantry, but for the residential areas. Therefore, he wrote Representative Sharon Merchant to request her assistance. In addition, City Manager Sugerman has written to the FDOT. Mayor Taylor asked City Manager Sugerman to forward a copy of this letter to Rep. Merchant and to appoint a staff member to follow-up on this matter. In addition, he asked him to let her know that the City wants her attention placed on this particular problem Xl. LEGAL A. Ordinances - 2"d Reading - Public Hearing Proposed Ordinance No. O97-02 Re: Providing for an exemption to capital facilities charges for temporary restaurant seating on private property City Attorney Cherof read proposed Ordinance No. O97-02 by title only. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O97-02. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. O97-03 Re: Amend procedure for the collection of past due false (security) alarm charges City Attorney Cherof read proposed Ordinance No. 097-03 by title only. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O97-03. Commissioner Tillman seconded the motion A roll call vote was polled by the City Clerk. The motion carried 5-0, 3. Proposed Ordinance No. O97-04 Re: Amend Chapter 1 of the Land Development Regulations to include the definition of buffer wall City Attorney Cherof read proposed Ordinance No. 097-04 by title only. No one in the audience wished to address this item. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-04. Vice Mayor Jaskiew~cz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O97-05 Re: Amend Chapter 2 of the Land Development Regulations, providing that visual obstructions are to t)e maintained at a height no greater than 2 feet 6 inches above street level and within 35 feet of the intersection of the right-if-way lines of two streets City Attorney Cherof read proposed Ordinance No. 097-05 by title only. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Greg Coffelt. 3117 Fernwood Drive. was concerned that this would impact his property. He has in excess of $500.00 invested in a professional landscape design and landscaping materials. He lives in Chapel Hill, which is an older development where there is large vegetation. He was concerned about the effective date and how this would be enforced through Code Enforcement. During ~:he recess, he spoke with Scott Blasie and Tambri Heyden, the Code Enforcement Administrator and the Planning and Zoning Director. respectively, and neither of them knew how this would be applied. He was afraid that this ordinance is going to impact a lot of Vegetation that is mature and other vegetation that is recently planted. Mayor Taylor asked if his p[operty is close to an intersection. Mr. Coffelt advised that he is at an intersection. This s a single-family residential development. The speed limit is 25 mph through this development. If this is a line of s~ight issue, he was sure that at 25mph we do not need a great deal of line of sight. He is a registered engineer in the State of Florida. He was concerned about how this would apply to pre-existing conditions. City Attorney Cherof advised that the ordinance would cover all conditions. He expressed concern that Code Enforcement and Planning are not familiar with this enough to assist in the interpretation. He recommendedtabling this to deal with the interpretation and make sure that we are accomplishing the purpose that initiated this ordinance change. Mr. Coffelt advised that he has a 25 foot radius on the right-of-way. The Deputy Building Official, Al Newbold, told him he would most likely be grandfathered and that it looks like this line of sight may have been platted at one point in time. City Attorney Cherof advised that there would be grandfathering for a permanent type of structure such as a fence, sign, or wall. However. vegetation would require maintenance to this particular height. Motion Commissioner Titcomb moved to table this ordinance until further clarification is received. Commissioner Tillman seconded the motion, which carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. 097-06 Re: Amend Education Advisory Board Ordinance to allow non-resident participation in the alternate positions provided they have at least one child attending Boynton Beach City schools City Attorney Cherof read proposed Ordinance No. O97-06 by title only. 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O97-06. Commissioner Bradley seconded the motion. A roll call, vote was polled by the City Clerk. The motion carded 5-0. 2 Proposed Ordinance No. O97-07 Re: Establishing powers and responsibilities of Vision 20/20 Implementation Task Force City Attorney Cherof read proposed Ordinance No. O97-07 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-07. Vice Mayor Jaskiewicz seconded the motion Commissioner Bradley was concerned having nonresidents on a board of this importance and magnitude. Mayor Taylor stated that when we had Vision 20/20, we made it a point to invite nonresidents to include the surrounding areas. We wanted their input because we felt that what the City does could impact them. However. he felt Commissioner Bradley had a good point. He suggested limiting the number of nonresidents to no more than a third of the board Commissioner Titcomb was concerned about an entire third of the board being nonresidents and suggested including business owners in that third. Commissioner Bradley pointed out that it is up to the Commission to recruit these members. He suggested amending the ordinance to state that no more than one-fifth of the board be comprised of nonresidents. City Attorney Cherof will change the ordinance to state that one-fifth of the board members need not be residents. A roll call vote was polled bythe City Clerk. The motion carried 5-0. C. Resolutions Proposed Resolution No. R97-34 Re: Approving the execution of an amendment to the agreement between Palm Beach County and the City for Mangrove Park City Attorney Cherof read proposed Resolution No. R97-34 by title only. He explained that the agreement provides the improvements at Mangrove Nature Park to be 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 completed within 18 months from the date of execution of [he agreement. This resolution would extend it to 30 months so that the funding remains available, Mayor Taylor added that the County had provided for funding of $140,000.00 toward this project. However. that funding will not be available unless we get this extension. Motion Commissioner Bradley moved to approve Proposed Resolution No. R97-34. COmmissioner Tillman seconded the motion, which carried 5-0. D. Other Consider Code Enforcement Board's recommendation for reduction of lien for Jerry Hyman, 1104 South Seacrest Boulevard ...................................................................... Tabled Motion Commissioner Bradley moved to remove this item from the agenda. Commissioner Tillman seconded the motion, which carried 5-0. Scott Blasie, Code Enforcement Administrator, advised that this item has been tabled twice at the request of Mr. Hyman. This case goes back to 1995. The original fine amount was $2,800.00. The Code Enforcement Board unanimously voted to reduce the fine to $1.000.00. Commissioner Bradley inquired about the current state of the property. Mr. Blasie advised that the current state is marginal and could soon be cited again. He also advised that it has been difficult working with Mr. Hyman because he does not pick up his certified mail. Mr. Hyman apologized for missing the last two meetings and explained that he was only given two days' notice of the first meeting, and the day of the second meeting, he severed a portion of his finger with a c~rcular saw. With regard to the condition of the property, Mr. Hyman stated that within the last week, he had 16 yards of top soil delivered. AS of today, the sprinkler system is running, and he is getting ready to seed and clean up the property. He said a member of the Code Enforcement Board suggested that he make this appeal to the City Commission. He stated that Bob Wandelt hand delivered two Notices of Violations to him in November, 1995. One Notice was with regard to 209 East Ocean Avenue and one was 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 with regard to 1102-1104 S. Seacrest Boulevard. Early in December, he called Mr. Wandelt and tolc~ him he thinks he has taken care of all his concerns. The only thing he had not completed was coating the parking lot on Ocean Avenue. He was waiting to do that until after he fi~ished re-roofing the building Mr. Wandelt's comment to him was= '~Don't worry, Jerry. It's obvious to me that you're trying to comply." Mr. Hyman was in the Gainesville area from January through mid March taking his exams for a doctoral degree. He return in April, 1996, and happened to see Mr. Wandelt in Publix. Mr. Wandelt mentioned to him that a lien was running on his property at 1104 S. Seacres[ Boulevard. Mr. Hyman said he was not aware of that. Shortly thereafter, he metMr. Wandelt at the property. Mr. Wandelt pointed out the problems, and Mr. Hyman took care of them Mr. Hyman said he was upset about the lien so he met with Mr. Blasie and his supervisor, Ted Padich, and explained the situation. At that meeting, Mr. Blasie suggested that he appear before the Code Enforcement Board and tell them what occurred. He said Mr. Blasie told him it was a new board Mr. Hyman attended the Code Enforcement Board meeting in December, 1996. At that meeting, Mr. Blasie characterized him as being a repeat offender and had been before the board many times, which is not true. Mr. Hyman claimed that he has never been before the board for any violation having anything to do with grounds. He said he explained the issue to the board, but the board did not ask Mr. Wandelt if he told Mr. Hyman. "Don't worry about it. It's okay. It's obvious to me you're trying to comply." Commissioner Bradley askecJ Mr. Hyman what he understands "trying to comply" to mean. Mr. Hyman said he took care of the required things that Mr. Wandelt asked him to do. Commissioner Bradley stated that the lien on the properly resulted because he did not take care of them. He stated [hat the Code Enforcement Board and this Commission are in favor of people trying to fix up their properties He told Mr. Hyman that "trying to comply" meant that it ~vas an ongoing pr~cbss that he was involved in that he was going to reach an end to. Commissioner Bradley believes Mr. Hyman never reached that end, or he stopped somewhere in the middle. Two years went by and that is why the lien occurred on the property. Mr. Hyman stated that in late December, he had a conversation with one of [he Code Enforcement Board members who told him to go before the County Commission and tell them what happened Mr. Hyman said he asked this board member why the board did not ask Mr. V~ndelt if he told Mr. Hyman that it was okay, and this member said. "we have 80 cases a night. We get them after midnight. It's just too much." This ooard member also told Mr. Hyman that there ~s a presumption of guilt, and that he did not hear what Mr. Hyman said during his testimony. Mr. Hyman said we have a mechanism in operation that is fining people without giving somebody the time to understand what he was trying to say. 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 18, 1997 Mayor Taylor asked Mr. Hyma~ if he has been before the Code Enforcement Board for violation of anything other than grounds. Mr. Hyman stated that the only other time he was before the Code Enforcement Board had to do wth allowing inspections. Code Enforcement had requested him to allow the inspectors to go from unit to unit to respect. However, as a landlord, he did not believe it is proper to walk into somebody's residence in their absence. He said he offered to do the best he could to coordinate this with the tenants and inspectors, which he did. Vice Mayor Jaskiewicz read in the minutes of the Code Enforcement Board that Mr. Hyman does not havea lawn service and does this work himself. Shesaid Mr. Hyman also indicated that he was away from January through March. She pointed out that this is a long timeto leave the property without care. Mr. Hyman stated that he has two young children. Therefore, he was back in town every other weekend. He also has a gentlemen who works with him part time sometimes. Mr. Blasie advised that since 1990, Mr. Hyman has been cited nine times for this particular property, and a lien was placed on his property in 1992 with regard to a licensing requirement for inspections for a duplex. He further advised that the conversation between Inspector Wandelt and Mr. Hyman centered around the property on Ocean Avenue. Mr. Blasie pointed out that by law, we are required to do things in writing so that there is no misunderstanding. However. five of the letters that were sent by certified mail were returned to Code EnfOrcement. These letters advised Mr. Hyman of the Code Enforcement Board meetings, that a fine had been certified, that the property had a ~lien o~ it, and explained the.procedure to follow to comply and get the lien red uced. It is not a new process or a new board. Mr. Hyman disagreed with a couple of things that Mr. Blasie said. He said it was a misunderstandi~ng and that he would not intentionally not do something. Motion Commissioner Bradley moved to levy a fine in the amount of $1.500.00 for Mr. Hyman. Mayor Taylor passed the gavel and seconded the motion. Mayor Taylor found it hard to believe that a man of Mr. Hyman's intelligence has a hard time understanding that he needs to keep up his lots in [his City. He was disturbed about the number of times he nas been cited, and that this property may be cited again. He felt this s complete disregard and pointed out that we are spending a lot of time spinning our wheels and it is costing the City a lot of money to tell Mr. Hyman to keep up his properties which devalue this City. He was also up~et that Mr. Hyman would consider a casual conversation to overtake what the Code Enforcement Board told him he needs to do on his property. 32 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVALOFBILLS FEBRUARY1 1997 AERIAL DATA REDUCTION ASSOCIATES INC ............... $17,427.31 Auto Design Mapping/Phase V, Pymt #4 Pay From W & S Util Rev Fund -- 421-000-0-690-21, $ 8,713.66 421-000-0-691-21, $ 8,713.65 CH2M HILL ............................................ $ 21,194.93 Task Orders #28, #34, #33, LS Rehab, Gen Eng Serv, Site Map Pay From Various Funds CUES INC ............................................. $ 58,007.00 PO# 13378. TV Seal Unit Replacement Pay From W & Sewer Rev fund -- 401-351-5-642-00 DUVAL FORD .......................................... $ 65,042.00 PO# 13425. Vehicle Replacement Pay From Veh Serv Fund -- 501-193-5-688-00 = OUTDOOR ALUMINUM .................................. $11,458.00 PO#13496. Portable Bleachers. Pay From Gen Fund -- 001-722-5-634-00 SCRWTD BOARD ....................................... $ 95,192.00 Inv #1032, 1034, 1036, 1038, 1040. Cap Proj/Equip Rep Pay From Util Gen fund -- 403-000-0-691-22, $3,839.75, Pay From Util Cap Improv Fund -- 404-000-0-691-20, $193.00 Pay From 1996 Const Fund -- 407-000-0-691-20, $91,159.25 SCRWTD BOARD ...................................... $188,065.14 1/97 User Charge for Wastewater Trtmt & Disp Pay From W & S Rev Fund -- 401-353-5-490-09 COMMISSION FEB ~8,/??~ APPROVAL = SCRWTD BOARD ....................................... $ 30,936.36 Inv# 1042, 1044, 1046, 1048, 1050, 1052, 1054. Cap Proj/Equip Rep Pay From 1996 Const Fund -- 407-000-0-691-20, $8,031.32 Pay From Util Cap lmprov Fund -- 404-000-0-691-20, $30.17 Pay From Uti Gen Fund -- 403-000-0-691-22, $22,874.87 = SOLID WASTE AUTHORITY OF PBC $ 54,929 53 PO# 12830. 1/97 Daily Use Fees/Sweeper Fees Pay From San Fund -- 431-341-5-490-01, $52,823.49 Pay from Gen Fund -- 001-411-5-490-01, $ 2,106.04 10. U. S. ENERGY SERVICES INC ............................. $19,286.83 IAQ Diagnostic Evaluations. Inv# WO1343 through WO1358 Pay From Public Sen/Tax Const Fund -- 301-194-5-640-05 COMM SS O a F~.B 18. /~?? APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. DALE S. SUGERMAN, ~ITY MANAGER COM,dlSS]ON FEB 18, /??? APPROVAL MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA The motion carried 5-0· XII. UNFINISHED BUSINESS FEBRUARY 18, 1997 None. XlII. OTHER None. XlV. ADJOURNI~ ENT There being no further business to come before the City Commission. the meeting was adjourned at 10:18 p.m. CITY OF BOYNTON BEACH ATTEST: Mayor C~mmlssloner City~lerk - Recording Secretary (Five lapes) Commissioner ~/~missioner / 33