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Minutes 10-30-90MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 30, 1990 AT 6:00 P. M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Yamile Trehy, Assistant City Attorney Mayor Moore called the meeting to order at 6:00 P. M. AGENDA APPROVAL The agenda was approved as presented. NEW BUSINESS A. Discussion of Implementation of Proposed Housing Type Programs City Manager Miller stated three housing programs are being implemented by the City: Home Improvement Program, Paint-Up/ Fix-Up Program, and Single Family Housing (Infill) Construc- tion Program. The Housing Programs did not begin until June, 1989. Home Improvement Program City Manager Miller said the total commitments for the Home Improvement Program are $493,984. Commissioner Olenik inquired whether an approved application i!s one that gets completed. Johnnetta Broomfield, Director of Community Improvement replied an application is completed in most situations. Because of things uncovered, some are not approved. In some instances, property owners drop out a!nd do not complete the process. Ms. Broomfield reported 215 homes have been completed, and seven or eight are now under construction. A number of applications are in the process for home improvement. Vice Mayor Wische noted out ~f a total of 41 approved applications, 25 homes have been ciompleted. Ms. Broomfield informed Mayor Moore that $20,000 can go i!nto the homes for interior and exterior repairs. She eilaborated by referring to her report (Memo 90-175, 1 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 addressed to the City Manager) and adding the types of repairs included therein. Paint-Up/Fix-Up Program City Manager Miller explained the program, as outlined in Ms~ Broomfield's report. Ms. Broomfield confirmed that the maximum amount provided by the City for repair costs in this program is $3,000. Infill Construction Program City Manager Miller informed the citizens about this program and indicated on a map vacant lots that are in the City. The vacant lots were colored green and located north of Boynton Beach Boulevard, east of Seacrest Boulevard, and south of the canal. The approximately 12 pink colored lots indicated where demolition is scheduled through the County's Housing and Community Development (HCD) program or are in the process of being removed. Hopefully, houses will be constructed on those lots. City Manager Miller told Commissioner Weiner the blue lots indicated occupied houses that are felt by the Building Department to be structurally unsound. He emphasized the City is not displacing people. Mr. Calvin Cearley, President, Prime Bank, asked who owns the green colored lots. City Manager Miller answered that probably 10 to 12 of them are owned by the City. The balance are owned by the public. Discussion ensued about how the City obtained the lots. Mayor Moore asked whether there is a list of any lots that may end up being owned by the City through foreclosure or legal action as a result of their failure to meet Code. Don Jaeger, Building Official, replied there is a list. He estimated there are probably 40 or 50 foreclosures now, but not all of them are in this area. Mayor Moore thought a list should be compiled of everything the City might get title to. Ms. Broomfield said a process will be set up, so there will be Requests for Proposals (RFPs) from developers interested in building a home on a vacant lot. She outlined what the criteria will be and added proposals will also be requested firom individuals interested in acquiring the homes after t~ey are built. The individuals will be qualified and sent t~o lending institutions. Ms. Broomfield stated she is ~orking with the lenders, so there will be a low interest lloan program (fixed interest rate at 9½% for 30 years) for t~e construction of the homes. The City will be providing 2 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 the lots. The value of the lots will be used for the down payment. If that down payment assistance is not enough for them to qualify for the loan or enough to make sure the pay- ments will be reasonable for them, the City can provide another financial assistance (between $5,000 and $10,000, based on the City's program guidelines). With the infill construction program, Ms. Broomfield said the City will be building single family homes on the vacant lots. Private individuals owning lots can build on their lots or sell them to the City. If a person has an unsound structure and cannot afford to get a loan, the City will help them qualify for a loan, tear the structure down, and build a house. Ms. Broomfield explained how the City will look at everyone on an individual basis. She stated that financial assistance will not be going to developers: it will be going to the property owners. Commissioner Olenik asked what was allocated for the three programs in the 1990/91 budget. Ms. Broomfield answered as follows: $211,641 21,000 232,403 Infill Construction Program Paint-Up/Fix-Up Program Home Improvement Program Commissioner Artis inquired whether there would be any special provisions for persons 65 or older, who are living in structurally unsafe homes. Through a Federal program, which is an elderly home ownership program, Ms. Broomfield said the Federal Government provides up to $14,000 to individuals, 62 years of age or over, who own, live in, and maintain the homes. She explained the program. The City is asking Ministers to provide the names and addresses of individuals in this age group who may be interested in the program. Ms. Broomfield added that the program is not limited to individuals in this area, and she elaborated. Ms. Broomfield informed Commissioner Artis the $14,000 is f!or substantial rehabilitation work on homes. These funds can be combined with money the City will give from its Home Iimprovement Program in order to keep a structure from being t!orn down. HCD is also working with the City. Commissioner Artis referred to a home in the area that an e!lderly woman lives in. The home does not look like it can be saved. Ms. Broomfield said the woman will have to talk t!o the people in her department, and they will see what they 3 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 can do. Many houses cannot be addressed now. If the City tears down a home, they must build another home. The City does not have enough dollars to build a complete structure. Discussion ensued between Ms. Broomfield and Wilda Searcy, 402 N. E. 13th Avenue, about another house in the City. Presentation by The Image Network, 4070 Laguna Street, Coral Gables, Florida 33146 Link Walker spoke with City Manager Miller and ~ice Mayor Wische about the CBD. He had suggested a possible approach, which consisted of four major components. One was an urban design charrette. Mr. Walker explained the charrette and named key agencies, such as Water Management, that would be brought in. Once the charrette is complete, there will be a master plan. They will then go into a community redevelop- ment plan and will have to address the City's adopted Comprehensive Plan, which will need an amendment process. The final step would be a development of regional impact (DRI). Mr. Walker said it will increase the degree of certainty and will stimulate development within the CRA district. By having a clear vision for the area, potential investors are more likely to move into the area. Victor Dover, The Image Network, showed slides of urban design in Tequesta and Coral Gables. The Image Network uses a method of taking pictures of the way things look now and a computer to project how it could look after redevelopment. That way people can visualize changes before they occur. After explaining, Mr. Dover stated part of the process is being able to look on a TV screen and seeing the way things look now. He added that the pictures can be manipulated and suggestions can be incorporated, so people can participate. Mr. Dover explained that the charrette is a media magnet, and he showed a charette of Stuart. Mayor Moore asked if $350,000 would be the cost of a charrette, which he assumed would be a study. City Manager Miller answered it would be in that neighborhood. Mayor Moore stated the City would not get any houses out of this. The $350,000 would be the fee for another plan. City Manager Miller confirmed it would be for planning input, and the City does not have the money. Commissioner Weiner pointed out the amount is $465,000 ilnstead of $350,000. Maurice Rosenstock, Chairman of the Planning and Zoninq (!P&Z) Board wished to speak and was informed by Mayor Moore 4 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 that this was a workshop meeting; it was not a public meet- ing. Cynthia Greenhouse, Member of the P&Z Board, and Mr. Rosenstock objected. There was discussion between the Mayor and these two P&Z Members about the way the meeting was called. Dan Carey, Treasure Coast Regional Planning Council, thought it was important for the City to understand that creating a charrette does not cost a lot of money. Maurice Rosenstock, Chairman; Gary Lehnertz, Vice Chairman, and Cynthia Greenhouse, of the P&Z Board began to leave the meeting. Commissioner Olenik wanted to know whether the intent of the meeting was to have dialogue between the Community Redevelopment Advisory Board (CRAB), the P&Z Board, and the City Commission. If that was the intent and the P&Z Members were censured, Commissioner Olenik said he would walk out with the P&Z Board Members. City Manager Miller explained how the meeting was advertised, and there were argumentative comments by the P&Z Board Members, Commissioner Olenik and Mayor Moore. Commissioner Olenik stated he wanted as much input as possible, and he elabor- ated. If there were to be no comments from the public, Commissioner Olenik wanted the other speakers to sit down because they were not on the agenda. He further commented. There was further arguing by the P&Z Members, and Mayor Moore. Commissioner Weiner thought the meeting was to have input from the P&Z Board, the Chamber of Commerce, and the CRAB. She told Mayor Moore he cannot make every decision for the City. Further discussion ensued as to the intent and purpose of the meeting. Marvin Greenhut, Member of the CRAB, read from the minutes of the Regular City Commission Meeting that this workshop was to be held with the CRAB and any other interested parties for the purpose of discussing the downtown area. Based on what Mr. Greenhut read, Vice Mayor Wische felt the Commission would have to let everyone speak. It was the consensus of the Commission to let every- one speak. As a disinterested party, Mr. Carey stated that the Regional Planning Council sponsored men involved in redevelopment charettes. He stated the total cost is for the whole project. The charette is only about 10% of the tlotal cost~ Mr. Carey talked about what was done in Stuart. Hie emphasized that property owners understood what they clould build on their property, and they knew where the town 5 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 was going. Mr. Carey said it is a great tool to find out what the citizens like and to get them to participate. Mayor Moore did not think the City could afford it. Mr. Carey informed Commissioner Olenik that Stuart had a plan, but it was not a plan the citizens understood. He expounded about how the charette simplified things. Infill Construction Program Commissioner Olenik asked when the City plans to begin infill construction. Ms. Broomfield replied the City has gone through appraisals and is about ready to do the appraisal reviews. She anticipated the program could be started in November, as soon as a couple more documents are worked out with the City Attorney's office. The document to implement the program must be reviewed. City Manager Miller added that the Infill Construction Program is not an easy program to get started, but it picks up momentum after it gets started. He has been involved in communities where it has worked, and there is no reason why it will not work in Boynton Beach. Mayor Moore was frustrated with the entire program. In his opinion, the City had received nothing for the years it was involved in it. He thought the basic monies went out for Consultants, and he saw nothing tangible come out of the thousands of dollars the City spent. Mayor Moore did not think the City needed another program. He thought the City had to concentrate on a target area, get it going, get indi- vidual owners with a pride of ownership, and take the program from there. Mayor Moore had been working with George Wasser for at least 50 hours, and he thought they had a simplified plan that will keep government from being involved. Mayor Moore was talking about 40 acres bound on the north by the Boynton Canal, on the east by the FEC tracks 1/2 a block north from Martin Luther King Boulevard and east of Seacrest Boulevard. He expounded about what his plan could accomplish and what could be done. Mayor Moore recommended the City should only be involved in acquiring title to the lots. Comments from City Board Members and the Commission Mr. Rosenstock pointed out that the City does not have the money, and he elaborated. He thought everyone was familiar with what urban renewal did or did not do to the United States when the Federal Government put up billions of 6 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 dollars. If the people in the communities did not have the will to fulfill the plans, they were all worthless. Mr. Rosenstock called attention to various cities in the United States and commented that millions of dollars were wasted. He stressed the City must get the people involved. There were further comments Mr. Greenhut reminded the Commission that for $5,000, Bill Fountain, West Palm Beach, was prepared to create workshops and put the whole thing together to come up with something. Mayor Moore interjected it would be another plan. He said he and Mr. Wasser worked out a plan at no cost to the City. Commissioner Olenik recalled a meeting at the Civic Center about two years ago where developers volunteered their time to talk about how Boynton Beach could move ahead. He was never in favor of infill construction. When they got to the point of displacing people who currently live in-homes and where to put 'them while their homes are being built, residents became afraid. Vice Mayor Wische asked what they will do with the people. Mayor Moore replied the approach will be to start with the vacant lots as a part of a master plan. Anyone not wanting to be removed from his house can stay there forever. No one Will be displaced. Commissioner Weiner determined this would be in three blocks ~N. E. 13th, 12th, and llth Avenues). Because the south half of the block north of Martin Luther King is Commercial, Mayor Moore said they will be starting with the north half Of that block. After commenting about people being afraid Of being displaced and not wanting to leave their homes, Commissioner Weiner asked if all of this will be done with- Out City money. Mayor Moore answered affirmatively, with ~he exception of the basic infrastructure. The City will ~cquire title to the lots and give them to persons qualifying for loans. Presentation by George Wasser George wasser, construction Manager, Fire Station 93, emphasized there would be no charge for his services to date and no obligation from the City for his comments. He stated he will personally guarantee anything he presents to tlhe City cost wise. Mr. Wasser told the Commission he can deliver a house for less than $49,500, and he will personally ~uarantee it. He further stated he is not just an Architect; ~e is a General Contractor. 7 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 Elizabeth Jenkins, 711 N. W. 1st Street, was pleased to see the City Commission trying to do something in the north end. After commenting about the struggles of the black community, she said she would like to see this. Ms. Jenkins thanked the Commission for thinking of the north end and added they need help. Mr. Wasser showed the location of the vacant property and said 70 vacant sites are available by utilizing a lot that is 40' wide. The smallest lots will be 40' x 75' Mr. Wasser said they worked within the current setback rules to determine the lot size and building size. He mentioned 25' for the front yard, 15' for the rear yard, and 7½' side set- backs. After further commenting, Mr. Wasser said the structures will be non-combustible. He had an aerial show- ing the target area and said the same principle would work anywhere in the City with respect to utilization of space. The unimproved, vacant lots on the first drawing Mr. Wasser presented were colored yellow. The red lines indicated where they divided up the lots. Mr. Wasser showed the house that was designed. Based on an initial study and an approximation, he said they had come up with a total of 250 houses. Mr. Wasser added it could wind up being 300 houses. He doubted it could be less than 250 because they took out land for a community center. Mr. Wasser also showed Commis- sioner Artis where there will be a geriatric area for the elderly, which was not where their housing will be. He emphasized that they are catering to the elderly and children. Although it was in the "thought process", Mr. Wasser mentioned a possible day care center and after school center. The location he chose could service the west portion of the community as well as the intracommunity. Mayor Moore pointed out that the area would not have to be replatted, other than building and zoning wise to provide for the utili- zation of 40 foot lots. He explained to Commissioner Olenik that five houses will be put on four 50' lots. If they do not do that, Mr. Wasser assured everyone the whole project could still be viable. Mr. Wasser urged everyone to pull together, build the maxi- mum number of units for the people, and get them in the units Mt the lowest cost. He was not looking at all of the rules ~nd regulations, zoning, plats, etc.; he was saying this Mas what the City needs. 8 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 Mayor Moore referred to the area north, along the Lake Worth Drainage District (LWDD), that can probably be used as a park. Mr. Wasser said a buffer screen will be provided between the railroad and the development. There will be a park with a little jogging trail. It was not shown on the plan, but Mr. Wasser assured Wilda Searcy, 402 N. E. 13th Avenue, that there will be a place for a fishing pier. Mr. Wasser continued by saying the development will be completely enclosed with nice walls for security. There will be only two entrances. One entrance will be off Seacrest and one off Martin Luther King Boulevard. Mr. Wasser showed where there will be a buffer, and he stated there will be a clubhouse. He stated most families have two wage earners, and they will be able to afford these houses. Commissioner Olenik reminded him of single parents and people living on Social Security that are in that area. With Mayor Moore's suggestion of giving the land, Mr. Wasser thought they could make up that gap. Mayor Moore thought the mortgage payment would probably be less than it would be to rent a place. Mr. Wasser showed the Commission a plan of an 875 square foot house with three bedrooms and two bathrooms. Mayor Moore said a carport or garage could be added if there were zero lot lines. Some people laughed at the size of the house shown, and Commissioner Artis said people in that area with families are living in less space than what was shown. Mr. Wasser told Mayor Moore there will be six or seven designs, so the houses will have identities. He said the bedrooms will be 9'x9', 9'x10', and 9'xll' The kitchen is 10'xl0' and has a bar that will seat six people. There is a room that is 23'x9'8". One bathroom has a bath tub, and the other has a stall shower. The house has plenty of storage. Commissioner Olenik questioned the non-combustible construc- tion, and he asked whether it would be CBS. Mr. Wasser replied they will be using steel trusses, and he clarified he was saying the houses will not be combustible. Someone in the audience asked if appliances will be included. Mr. Wasser answered it will include the appliances, except for a washer, dryer, and a dishwasher. There is room for a Washer and dryer in the back. Air conditioning, flooring, and painting are also included. There will also be land- s. caping and irrigation. ~iscussion ensued about lots the City owns and demolition. Prior statements were repeated. Ms. Broomfield said 9 MINUTES - CITY CO~ISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 Mr. Wasser just stated the redevelopment plan and what the Community Improvement Department is now doing. The proposal presented was an infill construction program. Mayor Moore responded it can be achieved. Commissioner Artis referred to the program in Orlando and people living in a dilapidated area and in houses with much less square footage or that are about to fall over. Commissioner Olenik expressed concern about the size of the homes, whether the cost of construction will go up, and whether people will participate in this program. He recalled seeing a program similar to this one on three different occasions. Commissioner Artis asked what the alternative would be. Vice Mayor Wische thought they should find out the views of people in the area. Mayor Moore had not talked to anyone in the area because he wanted to get the feeling of the City Commission. He thought they should raze as many buildings as they could to alleviate that portion of the area that is blighted. The next step would be to acquire title to as many properties as they can and get qualified people to move in there. Ms. Greenhouse asked how Mayor Moore happened to select Mr. Wasser to make a presentation. Mayor Moore answered that he had confidence in Mr. Wasser's ability, and Mr. Wasser was not being paid by the City. Mr. Wasser told Ms. Greenhouse his unit cost is based on building one. If more units are built, the cost will go down. As far as set- backs, the proposal meets the City Code. Mayor Moore interjected they do not meet Code as far as lot size and unit size. The City will have to superimpose a Planned Unit Development (PUD). Ms. Greenhouse wondered who would main- tain the development. Mr. Wasser replied there will be a homeowners association made up of the people who live there. Ms. Greenhouse further commented about maintenance, and Shirley Stevens brought up the City Code. Ms. Stevens also asked whether the cost will ever come back to the City, and she questioned whether the money would come from the programs in Ms. Broomfield's department. Discussion ensued between her and Mayor Moore about money, the LWDD, and tax- payers. Daniel Richter, Member of the P&Z Board, suggested there be two model homes so people can see the houses. Mayor Moore reminded everyone this was still in the planning Stages. 10 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 Responding to Commissioner Olenik, Mr. Wasser said the homes have been designed to be CBS. Other systems on the market today attempt to compete with CBS. If there is a way to decrease the cost of the houses with a comparable or better non-combustible system, it will be considered. Commissioner Weiner apprised Mayor Moore there is $493,984 in committed programs, and she emphasized the City is committed to spend this. She named what the money would be spent for and said any uncommitted money is in the Infill Construction Program. Commissioner Weiner thought the City should stop waiting for the County to demolish unsound structures. The City should demolish them. After other comments, Mr. Jaeger apprised Commissioner Weiner that the County recently demolished about 12 substandard houses there. About 15 more are going through demolition procedures. If the City can get the home owners' consents to demolish, they will be forwarded to the County. Three that should be demolished by the end of the year are on the County's list. That leaves 12 the City intends to demolish. Some of these have appealed that decision, and they will be brought before the Building Board of Adjustment and Appeals (BAA). Once the City gets a package together, it will get bids to demol- ish. The bids should be between $3,000 and $4,000 each. The property owner is to pay the bill. If they do not pay, the City will foreclose. Marvin Greenhut, Member of the CRAB, thought the concept was great. He asked if Mayor Moore wanted a motion tonight. Mayor Moore wanted a consensus of the Commission to ascertain how many lots the City can get on the program, where they can find funding to acquire the lots, and to get the condemned houses demolished. Mr. Greenhut had a sense that everyone was in agreement. Discussion ensued as to whether Commissioner Olenik was in agreement with what Mayor Moore had said. Commissioner Olenik thought the Home Improvement Program and the Paint-Up/ Fix-Up Programs were worthless. He had never been in favor Of the current Infill Construction Program as it has been set forth. He recalled he was the only'one who voted against it 2½ years ago. Commissioner Olenik thought they had to do more to tear down the old and put in the new. He believed Ms. Broomfield had been marching along the lines of analyzing where the vacant lands are, who owns them, who wants to sell them, and how they can be demolished. Commissioner Olenik felt the first step was occurring. He agreed the City should move more quickly, and he thought they were in agreement with the steps that should occur now. 11 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 Mayor Moore determined Commissioner Olenik was saying the very same thing is being done by the City Staff. There was discussion. Commissioner Weiner thought they had agreed the City should demolish those structures that need to be demo- lished and not wait for the County to do it. If they say this is step one and commit themselves to a program of demolition, they will have taken a large step forward. Ms. Stevens referred to Concept Homes building homes with 3 bedrooms and 2 bathrooms for $49,000. She wondered what Concept Homes would build if the City gives them the lot and the infrastructure. Ms. Stevens suggested other developers should bid on the proposal. Mayor Moore reminded her this was just a plan. Commissioner Artis informed Ms. Stevens that with Concept Homes, you finish the home yourself. She did not think the City wanted to give people in the blighted area a "shell" to finish themselves. Richard Gram, Chairman of CRAB, Property Specialist for the Capital Improvement Section of HCD, Palm Beach County, reminded the City that HCD invested $3,500,000 in the Cherry Hills section, Sara Sims Park, and Wilson Park. He referred to other times when HCD has provided money for the City. Mr. Gram said HCD has an Interlocal Agreement with the City and intends to fulfill the objectives of the Agreement. Commissioner Artis stated people will not move into Cherry Hills, but there is a big possibility they would move into a development like what was presented tonight. There was discussion about Cherry Hills, HCD, the proposal and whether the City Staff is doing what was proposed. City Manager Miller advised the City's first priority is vacant structures in this area. They are working on a Condemnation process now. City Manager Miller elaborated and referred to the time involved in demolitions by the County. Commissioner Olenik recalled the Commission had said at a previous meeting the City should do demolitions. Before removing houses, City Manager Miller responded he has to get authorization from the Commission to spend those funds. He added that the City does not have the equipment to do it, but he knows where he can get the equipment. He estimated it would cost from $2,000 to $4,000 a house. ~ice Mayor Wische asked whether the City has any lots now tihat houses can be built on. He felt if people could see what they could move into, they would want to sell their 12 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 houses. City Manager Miller estimated the City owns prob- ably six or seven lots. Mayor Moore recommended the homes be put on the perimeter area, on the north side of 13th Avenue. Rather than building model homes, the City should get the plans in place, get people to take deeds from the City and get financed. The City does not want to get into the building business. There was discussion about the security of the development. Mayor Moore wanted a list prepared for the Commission which would show the locations of all the lots the City now owns and which ones are on the brink of being condemned. Ralph Marchese, former Mayor, 1901 Roma Way, thought the plan looked good, but he stressed the biggest job the City would have would be selling it to the people of the area. That was the stumbling block the City had in prior years. Mayor Moore asked whether the Commission wanted Mr. Wasser to meet with the leaders of that area. Commissioner Artis suggested a citizens' committee be formed to meet with Mr. Wasser. The people there will not go to a meeting, but they will listen to other people who live in the area. If they build a home without the people living there under- standing what it is all about, Commissioner Artis stated they will not have the protection needed for the house. Right away, someone will "rip off" everything that is in the house. Commissioner Olenik wanted Ms. Broomfield or someone from her staff involved in the Committee. Discussion ensued as to whether Ms. Broomfield should be involved in the Committee. Commissioner Artis referred to City streets in the area not being taken care of. Vice Mayor Wische thought Mr. Wasser could explain the plan better than anyone else. He felt he should be on the Committee, and the City Staff should stay with its program. ~ayor Moore thought Mr. Wasser should attempt, through Commissioner Artis, to meet with a Committee in the area to ~xplain the plan. City Manager Miller suggested Mr. Wasser Should work through his office. Mr. Calvin Cearley volunteered to serve on the committee alnd added that Prime Bank will be ready to make some loans. Mayor Moore said his bank will also be ready to make loans. Commissioner Weiner asked whether they gave Mr. Wasser plermission to sell the plan to the City or to be the sole bluilder of the houses. Through City Manager Miller's office, Mayor Moore said Mr. Wasser will talk to a representative group of citizens to explain what the project is, get their 13 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 reaction, and get back to City Manager Miller, who will report to the City Commission. Mr. Wasser interjected he will continue for no fee. B. Review of current commercial uses, including nonconform- ing businesses, in the downtown area and direction from the City Commission on how the downtown should proceed as to dominant business uses Lighthouse Square Marina Mayor Moore wished to know the status of this project. City Manager Miller replied the City Attorney is working on some agreements, and they should be on the Commission's agenda next week. Craig Livingston, Architect for the project, advised all of the City Staff had signed off with the excep- tion of the Building Department. The Building Department indicated to him that everything will be signed off, and he was not concerned. Mr. Jaeger interjected that the appli- cant has not submitted plans for a building permit. There was discussion about the process the applicant should follow, and Mr. Livingston explained that the City was not holding the applicant up at all. City Manager Miller clarified that Mr. Livingston had expressed some concerns to him, but everything is moving along. Nonconforming Uses In September, City Manager Miller said the City looked at nonconforming uses in the downtown district. He drew attention to a memorandum dated September 13, 1990 from Joan Mormelo, Code and License Inspector, to Don Jaeger, Building Official. In September, the Commission had decided they should possibly look at the Central Business District (CBD) to reevaluate what the downtown should be and what the dominant business uses should be. If the majority of properties in the CBD are nonconforming, Mayor Moore felt s:omething was wrong. He thought it would be up to the City Planner to review this. Chris Cutro, Planning Director, advised that the present ~odes do not allow for any expansion. At the same time, it does not require a change in the structure. If you cannot change the structure, you cannot refurbish~the buildings or use them for allowable uses without getting somebody to do i%. There are inherent problems with nonconforming uses. Mr. Cutro emphasized that they do not go away, and he explained why. He also explained why they become 14 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 nonconforming. Mr. Cutro added that they never can comply with the Codes. They are also getting away with it. Mr. Cutro proposed that the City start looking at the expansion of nonconforming uses within an already existing building by (1) allowing it to expand in another portion of the building. The approval that would be given would be to preserve the property rights of the people who are running a business there. (2) It could not be detrimental to the health, safety, or welfare of persons working or residing near the business. (3) It could not be injurious to the general welfare of Boynton Beach. (4) Buildings should be brought to the maximum extent possible of the Code. Mr. Cutro realized he was talking about intensification, but he said there are ways to do this. It may increase some of the parking demands, but in the downtown area, most stores do not have parking. They were never built with parking. The City is trying to promote pedestrian activity, so parking will always be crowded. Mr. Cutro added the City should want the parking to be crowded. The City will not be able to get the people to comply 100%, but if the City can get better compliance, the City would be better off because the buildings will be improved. Mr. Cutro talked with Mr. Jaeger about this, and he said they will have to rip apart sections of the Code and put them back together, but this is possible. There was loud applause. Mayor Moore thought Mr. Cutro was on the right track. It was the consensus of the Commission for Mr. Cutro and Mr. Jaeger to work with the Code and bring it back to the Commission. City Manager Miller called attention to Memorandum No. 90-239 dated September 30, 1990, addressed to City Manager Miller, from Vincent Finizio, Administrative Coordinator of Engineering. He stated the City was basically saying 100 parking spaces could be provided on S. E. 4th Street, Ocean Avenue to S. E. 2nd Avenue situated one block west of Federal Highway (U. S. 1) and Ocean Avenue from Seacrest Boulevard to Federal Highway. There were comments about parking, people walking, off street parking, relief of parking in the CBD, revitalization, and the Ordinances. Mayor Moore thought the City Planner could look at that. Mr. Calvin Cearley attended a meeting last night with the Bioynton Citizens Coalition. Redevelopment of the downtown 15 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 was the theme for discussion. They discussed diagonal park- ing on some of the streets and getting permission from Barnett Bank to use their parking lot in the evening. The Coalition is going to have a representative work with the Chamber of Commerce and other citizens' interests downtown, with the City's help, to bring a plan for the parking issue. Mr. Cearley hoped this would be ready within the next 30 days. If they want the downtown to be broken loose, Mayor Moore felt they would have to address the issue of a four story parking garage with 200 spaces. It will not be along the railroad tracks because people will not cross U. S. 1. With Tax Increment Financing (TIF), the funding ability is there. Commissioner Olenik did not think they could stifle development in that area until this comes in. Sam Scheiner, Member of the CRAB, said the parking problem had been solved many times. He urged that they tax the business area to create a parking district for the downtown area. Mr. Scheiner explained how this could be done. He stated the City will eventually have problems if it continues to give variances for off street parking. Mr. Scheiner further commented and added there is not enough land to take care of off street parking. He explained how a parking district would give a developer the opportunity to build 90% of his land for commercial property without worrying about off street parking. Commissioner Weiner understood this would require legisla- tion by the State Government. Mr. Scheiner informed her it can now be done without legislation. The City Commission has the authority to create a parking district. Commis- sioner Weiner wondered if the Commission could make a start. Mayor Moore questioned where they would put it. The Commis- sion requested City Manager Miller to look into this and report back to the Commission. Mr. Scheiner recalled a parking survey was done by a professional, who specified spots for three or four parking garages. There is enough off street parking at the present time, but there will be a Problem when more development comes in. Before spending a lot of money, Maurice Rosenstock, Chairman o~f the P&Z Board, urged that there be horizontal parking on the streets to see how many people park there. As there are other developments, a parking district or parking garage can b% contemplated. He agreed with Mayor Moore that there p~esently is no land. Mr. Rosenstock thought the City should look into what a garage would cost and what it would 16 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 cost to condemn certain properties. He said Jose' Aguila feels he can get the architectural department of a univer- sity to help at no cost to the City. Mr. Livingston said he is trying to get something going for people who wish to fix up their buildings. He read a letter he had sent to the City Commission, which said a clear message has to be sent to the CBD property owners that the City will make every effort to speed along the approval process and, whenever necessary, provide relief from the current Ordinances that place hardships on existing businesses. Mr. Livingston wanted the City to provide for all property owners in the CBD: (1) immediate exemption from Sec. 5.138 "Scope" for a period of one year. The exemption should apply to any renovation, revitalization or additional work to projects under $100,000. (2) Provide for immediate exemption from Appendix A-Zoning, Sec. 6.4 "Location of Park- ing Spaces", which provides for a maximum distance of 800 feet to any owned or leased parking lots. Mr. Livingston said there are a number of parking spaces that are available to these people, including the FEC railroad piece the City is currently in negotiation about, but they are further than 800 feet. (3) Provide immediate exemption from Appendix A- Zoning, Sec. 6.4(d) "Parking Space Calculations" and allow for a reduction of 65% for a calculation of spaces. (It is currently 35%.) By allowing the foregoing one year relief measures, Mr. Livingston said it will allow immediate activity to begin and will permit the City Staff to begin a thorough analysis of the existing Codes as they relate to the CBD. Mayor Moore asked that this be put on the agenda for the next City Commission meeting, so the Commission will know what Mr. Livingston was talking about. ADJOURNMENT The meeting properly adjourned at 8:30 P. M. 17 MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 30, 1990 Commissioner ATTEST: Commissioner Ci~,clerk - Recording Secretary (Three Tapes) 18