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Minutes 04-14-03 MI'NUTES OF THE AGENDA PREVt'EW CONFERENCE HELD I'N CONFERENCE ROOM C, WEST WI'NG, cTrY HALL, BOYNTON BEACH, FLORZDA ON MONDAY~ APRZL 1.4~ 2003 AT 4:00 P.M. Present Gerald Broening, Mayor Nike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager David Tolces, Assistant City Attorney Janet Prainito, City Clerk City Manager Bressner began the agenda review at 4:00 p.m. He explained that there is a public hearing item on the agenda regarding the Boynton Beach Marina and suggested moving this item up prior to the consent agenda. The CRA did not complete their deliberations on this matter so he urged the Commission to review their meeting minutes. The CRA had a lot of discussion regarding the proposed inclusion of townhouses in the district. Since the CRA tabled this item, the Commission could refer the matter back to the CRA or take testimony tomorrow and go forward with discussion on the zoning text amendment. This is to decide whether the zoning ordinance gets amended to include townhouses in the zoning district. The first reading of the proposed ordinance will be moved up with the public hearing item. V.B.4. Approve a one-year renewal of audit services contract to Ernst & Young, LLP, in the amount of $107,300 (Proposed Resolution) City Manager Bressner requested that item B.4 be removed from the agenda because there were legislative changes regarding the audit selection process that need to be reviewed. Commissioner Ferguson asked how long the City has used Ernst & Young as its auditor. Diane Reese, Finance Director, said that Ernst & Young has been the City's auditors since the 1970s; however, we have had different auditing teams. V.B.5. Award the Consultant Agreement for "ARCHZTECTURAL/ENGINEER~NG SERV~ZCES FOR THE EXPANSi[ON/REMODEL OF THE LIBRARY," RFQ#024-2413- 03/C3D to SCHENKEL & SCHULI~, INC. of West Palm Beach, Florida, in the amount of ~i;492,895 (Proposed Resolution) Virginia Farace, Library Director, explained to the Commission that this item would be funded with CTP funds ($300,000 budgeted this year and another $300,000 budgeted next year). The grant will kick in as the project progresses. She explained that a large portion of this is to oversee the construction. City Manager Bressner requested that Ms. Farace be prepared at the Commission meeting to say what percentage is for design work versus the construction monitoring. V.C. 10. Proposed Resolution Re: Authorizing eminent domain proceedings for the acquisition of one parcel of land in order to construct a fire station Meeting Minutes Agenda Preview Meeting Bovnton Beach, FIQrida April 14, 2003 Commissioner Weiland thought that the City was going to purchase the property but he did not know it was going through eminent domain. City Manager Bressner explained that eminent domain serves to establish a price for property on a date certain. It does not necessarily have to be an adversarial situation. Assistant City Attorney Tolces explained that by adopting the resolution, the Commission is not necessarily saying that the matter will be filed in court, but it may assist with the process of negotiations. V.C.11. Proposed Resolution Re: Authorizing approval of the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to ex~c.d $20,000 Assistant City Attorney Tolces explained that it was important that this work plan be authorized because of the timing. City Manager Bressner said that even if there is no assessment, they must still go through the process to evaluate and do the math. V.E.2. Boynton Beach Marina (MSPM 03-001), 743 N. E. 1st Avenue - Request for Major Site Plan Modification to increase multifamily units to 338 and add 12 townhouse units, decrease commercial/retail space to 24,591 square feet, increase garage parking spaces to 740 spaces, increase total project height to 168 feet and other related site modifications V.E.3. Boynton Beach Marina (HTEX 03-002), 743 N. E. 1st Avenue - Request for Height Exception of 18 feet above the MU-H district limitation of 150 feet City Manager Bressner recommended that items E.2 and 3 be pulled from the consent agenda for discussion at the Commission meeting. V.E.4. Vermeer Southeast Sales (LAAP 03-001), 1060 W. Industrial Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article 11, Section 5.E, buffer requirements, to avoid the requirement to install trees and a continuous hedge along the east (rear) perimeter City Manager Bressner explained that the CRA added a condition to item V.E.4 that says that if the railroad decides to remove vegetation from their right-of-way, the City would require Vermeer to install landscaping along their east property line and he felt that this condition was unenforceable. Commissioner Weiland said that because of utilities, Vermeer would have to move their property line in approximately 30 feet to put the landscaping in and, therefore, lose some of their property. Meeting Minutes Agenda Preview Meeting BovntQn Beach, FIQrida April 14, 2003 V.H. Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7m to 10th Avenue Stormwater Zmprovement Project (TNCA Project) (TABLED TO APR. TL .~ 2003) Assistant City Manager Sugerman requested that this item be re-tabled to the second Commission meeting in May. VZII.A. Gateway Plaza (COUS 02-005) (TABLED BY c. ri'Y COI~II~I.T$$.TOIV TO APR.rL · a, 2003) Mike Rumpf, Planning & Zoning Director, reported that the applicant identified a deed restriction that precludes construction of a gasoline station. The applicant requested an indefinite postponement. Assistant City Attorney Tolces will find out what effect it would have on the applicant's ability to petition again if they withdraw or their application is terminated. He explained to the Commission that they could re-table this item and request that staff look into avenues to terminate and then refile. X.F. FRA Whistle Ban - Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking There was consensus of the Commission to remove item F from the agenda. XT.A. Discussion of the City's height allowances/restrictions along the Federal Highway Corridor City Manager Bressner distributed copies of the written report regarding the legal history of the height allowances. He also distributed copies of City Attorney Cherof's memorandum regarding the 1982 height referendum. Other City Manager Bressner said that the Hoadley Road Haitian Alliance Church would be going to the TRC and then to the Planning & Development Board in May. It will come to the City Commission the first meeting in .lune. Commissioner Weiland inquired whether there was a response to Mr. Terwilliger's concerns on March 18~ regarding the nature preserves in Quantum Park. City Manager Bressner said it was not included on the follow-up report and he would review the minutes from that meeting. City Manager Bressner requested that his evaluation be added to future agenda items. Commissioner Weiland thought that the Commission had agreed on six-month evaluations and that was not being done on a regular basis. His concern was that in the future there might be a legal issue if this was not done in the timeframes agreed upon. City Manager Bressner stated that he would sign a waiver on that. Meeting Minutes Agenda Preview Meeting Bovnton Beach, FIQrida April 14, 2003 Mayor Broening's recollection was that the Commission would conduct its first evaluation after six months and thereafter it would be annually. Commissioner Weiland requested that the Commission ask staff to look for properties under 10 acres in size that are contiguous with the City that we could annex. City Manager Bressner suggested bringing this up under informational items at the Commission meeting. Commissioner McCray asked whether anything was happening with the missing generators. Assistant City Manager Sugerman explained that the Utilities Department provided specifications to Procurement Services to go out for bids. He thought that they were going to bid in the month of May. They are proposing to purchase five generators, which will bring the total number of generators to 15. Commissioner McKoy questioned whether we could go the extra mile and solicit local bidders. Diane Reese, Finance Director, explained that Procurement sends the bids out to everyone who is on the City's registered list and also posts it on demandstar.com, which is an Tnternet site. We also advertise in the Chamber of Commerce's brochure and in the local newspaper. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:45 p.m. A'I-I'EST: Deputy City Clerk (one tape) ~'bmmis'' r - ...... Commissioner 4 CIty of Boynton " _. Attachment to April 14, 2003 41114dommission Agenda Preview Minutes e um ran du nit TO: Kurt Bressner, City Man FROM: James Cherof, City Anorne - DATE: April 3, 2003 RE: Building Height Referendum The following question has been asked on several occasions: DOES TIC-1E 1982 CITY REFERENDUM WHICH ESTABLISHED A lVIAXDIUM FORTY-FIVE (45) FOOT BUILDING HEIGHT LIMITATION PREVENT THE CITY COMMISSION FROM INCREASING MAXDRIM BUILDING HEIGHT BY ORDINANCE„ WITHOUT ANOTHER REFERENDUM ELECTION? Short Answer: It does not. Explanation: The Florida Legislature, with the 1973 adoption of the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, granted municipalities broad home rule powers. One such power is the power to adopt or modify land development regulations. In order to implement such a broad grant of power to municipalities, section 166,021(4) and (5),Florida Statutes, modified and repealed or converted into ordinances many of the provisions of municipal charters in existence at that time. The Mitiativelreferendtim provisions of the Charter that were used in 1982 to establish a forty-five (45) foot height limit contained a restriction that once an ordinance was adopted by referendum, it could only he changed by referendum) In 1989 there was apparently a debate over whether the initiative/referendum provision of the Boynton Beach Charter survived the adoption of Home Rule.2 At the request of the City Commission, City Attorney Raymond Ray requested a Florida Attorney General's opinion. The Attorney General ruled that all of the Charter initiative/referendum Apparently the City Attorney didt evaiunte the irtt.act of the adoption of Home Rule on the initiativenreferendum previsions of the Charter when the 1984 referendum was prepared and submitted to election, If the Charter provisions survived,a chanein the 45 fOot height limit adopted by referendum in 1982 would require another referendum;if they did not survive,the hal t could thereafter be changed by ordinance, 8Acmpepaninents\CIrtwitatukting Height Referendotadoe , , , • ''.; provisions,including the provision that required a subsequent referendum to change what had been adopted by referendum., had been "nullified or repealed"by adoption of.liome Rule in 1973. Thus, the maximum height limits adopted by referendum in 1982 and which had become part of the code had no g,reater weight than had they been adopted by ordinance. Stated differently, the forty-five i(45) building height limitation was, and is, subject to amendment by ordinance of the City Commission in the exercise of the City's Home' Rule powers. • Attachment to April 14, 2003 ;Commission Agenda Preview Minutes MEMORANDUM • To: Kurt Bressner, City Manager Id From: Quintus Greene, Development Directorfri1 , / 1 Date: April 14, 2003 Re: Building Height— Legislative History Per your request, the following is a brief legislative history of building heights as they pertain to the City's downtown area. In 1982 the initiative and referendum provisions of the City Charter were used to establish a 45-foot height limit for the entire City. This height limitation referendum contained a provision that once an ordinance was adopted by referendum, it could only be changed by referendum. However, in 1989 a Florida attorney General's Opinion determined the adoption of Home Rule by the City in 1973 nullified the requirement that'a subsequent referendum was required to change the height limits in the City. Accordingly, on December 14, 1995 the City Commission voted unanimously to allow an increase in the height limit in the Central Business District to 100 feet. At the time the City Commission determined that the then existing 45-foot height limit "constitutes a significant impediment to development in the Central Business District." In October of 2000 the City Commission responded to a number of concerns about the kinds of uses allowed under the then current zoning along Federal highway, particularly in the downtown area. This response took the form of a Notice of Intent to declare a "Zoning in Progress" moratorium for a 6-month period along the entire length of the Federal Highway Corridor in the City. This area also happened to fall entirely within the City's Community Redevelopment Area (CRA). It quickly became apparent to staff, however, that while the boundaries of the City's CRA area were expanded in 1998 to include the entire federal Highway Corridor, no plan had ever been done for this area. Moreover, the original 1984 CRA plan that included the Central Business district had not been updated for 17 years. Since zoning is actually the tool to implement a plan, it was clear that the first step in carrying out the Commission's directive had to involve an update to the CRA Plan for the Federal Highway Corridor. Accordingly, staff solicited proposals and subsequently retained a consultant to prepare an update to the City's CRA Plan for the Federal Highway Corridor. This CRA Plan amendment, which included a recommendation to transform the Central Business District into a Mixed use Zoning District and increase the maximum allowable height from 100 to 150 feet, was adopted by the City Commission. on May 15, 2001. The same consultant was subsequently retained by staff to assist in the preparation of the land use and zoning text amendments required to implement the adopted plan. Kurt Bressner Page 2 • Following considerable public discussion, including objections from some local merchants, the City Commission approved the land use and zoning text amendments for the Federal Highway Corridor on December 18, 2001. This approval, however, was on the condition that the proposed mixed-use zoning districts would be included in the zoning ordinance but not applied on the ground. Thus, there would be no immediate change in the then existing zoning in the Federal Highway Corridor and no change in the established height limits. Application of the new zoning districts, with the new height limits, and an accompanying land use amendment, would only occur upon the specific request of a property owner and, as with all rezoning requests, would be subject to City Commission approval.