MINUTES OF THE REGULAR MEETING CITY COUNCIL CITY OF BOCA RATON, FLORIDA Tuesday, August 12, : 00 PM

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1 MINUTES OF THE REGULAR MEETING CITY COUNCIL CITY OF BOCA RATON, FLORIDA Tuesday, August 12, : 00 PM The Regular Meeting of the City Council of the City of Boca Raton, Florida was called to order by Mayor Susan Haynie at 6:00 PM. 1. INVOCATION: Council Member Weinroth offered the invocation. 2. PLEDGE OF ALLEGIANCE TO THE FLAG: 3. ROLL CALL: Mayor Susan Haynie Deputy Mayor Constance J. Scott Council Member Michael Mullaugh Council Member Scott Singer Council Member Robert S. Weinroth 4. AMENDMENTS TO THE AGENDA: There were no amendments to the agenda. 5. MINUTES: A. Minutes of the Workshop Meeting of July 21, 2014 Minutes B. Minutes of the Regular Meeting of July 22, 2014 Minutes Motion was made by Council Member Michael Mullaugh, seconded by Council Member Robert S. Weinroth, to approve the minutes as presented. Motion carried unanimously on a voice vote. 6. PROCLAMATIONS/PRESENTATIONS: There were no proclamations or presentations. 7. BOARD APPOINTMENTS: A. Affordable Housing Advisory Committee Vacancy Sheet There were no applicants. B. Education Advisory Board Vacancy Sheet Eric Gooden interviewed. Motion was made by Council Member Robert S. Weinroth, seconded by Council Member Michael Mullaugh, to appoint Eric Gooden to the Education Advisory Board. Motion carried unanimously on a voice vote.

2 C. Financial Advisory Board Vacancy Sheet and Applications Motion was made by Council Member Scott Singer, seconded by Council Member Michael Mullaugh, to appoint Matthew Bryant and reappoint Michele Ferrara and Antonio Grau to the Financial Advisory Board. Motion carried unanimously on a voice vote. D. Green Living Advisory Board Vacancy Sheet and Applications Lindsey Nieratka interviewed. Motion was made by Council Member Michael Mullaugh, seconded by Council Member Robert S. Weinroth, to reappoint Monica Mayotte and appoint Lindsey Nieratka to the Green Living Advisory Board. Motion carried unanimously on a voice vote. E. Library Board Vacancy Sheet and Application Motion was made by Council Member Scott Singer, seconded by Council Member Michael Mullaugh, to reappoint Catherine Greene to the Library Board. Motion carried unanimously on a voice vote. F. Marine Advisory Board Vacancy Sheet There were no applicants. 8. RESPONSES TO WORKSHOP INFORMATION REQUESTS: There were no items requiring follow up. 9. CONSENT AGENDA: A. Sealed Bid 1) Miscellaneous Traffic Engineering Improvements; Requested by Municipal Services; West Construction, Inc. $138,426 Bid B. Intergovernmental Agreements 1) Gasoline and Diesel Fuel (Transport Truck); Requested by Municipal Services, Utility Services; Macmillan Oil Company of Florida, Inc. $312,000 2) Storage Area Network (SAN) Expansion Upgrade; Requested by Utility Services; IBM Corporation through authorized reseller Champion Solutions Group; $114,100 3) Automobiles and Light Trucks (Replacements); Requested by Municipal Services; Alan Jay Ford Lincoln Mercury, Inc., Don Reid Ford, Inc. $110,088 4) Unleaded Fuel; Requested by Municipal Services; Truman Arnold Companies; $100,000 5) Network Infrastructure Equipment Expansion and Upgrade; Requested by Utility Services; IBM Corporation $60,962 Bids Regular Minutes August 12,

3 C. Change Orders 1) Pressure Pipe Repair and Rehabilitation; Requested by Utility Services; Madsen-Barr Corporation $125,000 2) Sodium Hypochlorite; Requested by Utility Services; Allied Universal Corporation $125,000 3) Telephone Maintenance and Support; Requested by City Manager; Unify, Inc. d/b/a Unify Enterprise Communications, Inc. $38,052 Bids D. Resolution No A resolution of the City of Boca Raton supporting the Beach and Coastal Management Programs of the Florida Department of Environmental Protection, subject to the City's regulatory authority and Code of Ordinances; advising the state that the City will have the ability to provide the local funding share necessary to implement the State Beach and Coastal Management Programs in which the City elects to participate; authorizing the City Manager to forward a long-term beach funding plan to the State; providing for severability; providing for repealer; providing an effective date Resolution No F. Resolution No A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an Economic Development Agreement with Office Depot, Inc.; providing for severability; providing for repealer; providing an effective date Resolution No G. Resolution No A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an agreement with Palm Beach County for the purpose of providing funding for the continuation of enhanced bus service on Palm Tran Route 94; providing for severability; providing for repealer; providing an effective date Resolution No H. Resolution No A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Solid Waste Authority of Palm Beach County for the purpose of Disaster Debris Management; providing for severability; providing for repealer; providing an effective date Resolution No I. Resolution No A resolution of the City of Boca Raton authorizing a waiver of procurement procedures; authorizing the Mayor and City Clerk to execute an agreement with Hydranautics Inc. for the purpose of purchasing water treatment membrane elements; providing for severability; providing for repealer; providing an effective date Resolution No J. Board Resignations 1) Dr. Renato Bellu - Library Board Resignation Regular Minutes August 12,

4 K Certification of Board Member Removal 1) Certification of Inadequate Board Member Attendance Thomas Halikman, Education Advisory Board Certification L. Board Minutes Received 1) Community Appearance Board June 24, 2014 July 1, 2014 July 8, ) Downtown Boca Raton Advisory Board May 7, ) Executive Employees' Retirement Board June 24, ) General Employees' Pension Board July 2, 2014 Investment 5) Green Living Advisory Board June 10, ) Historic Preservation Board June 17, ) Library Board April 16, ) Planning and Zoning Board June 19, ) Special Magistrate June 5, 2014 Red Light Camera Minutes Council Member Scott requested that item 9.E. Resolution No by removed from the Consent Agenda for consideration separately. Mayor Haynie provided an opportunity for public input on any Consent Agenda item. No one came forward to speak. Motion was made by Council Member Robert S. Weinroth, seconded by Council Member Scott Singer, to approve the Consent Agenda less item 9.E. Resolution No Motion carried unanimously; Mayor Susan Haynie, Deputy Mayor Constance J. Scott, Council Member Michael Mullaugh, Council Member Scott 9.E. Resolution No A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an agreement with Oceanside Beach Service, Inc. for the purpose of providing beach concessions; delegating certain authority to the City Manager; providing for severability; providing for repealer; providing an effective date Resolution No Council Member Scott expressed her thanks to all involved in bringing this agreement for beach concessions forward. Mayor Haynie provided the opportunity for public input. No one came forward to speak. Motion was made by Deputy Mayor Constance J. Scott, seconded by Council Member Robert S. Weinroth, to approve Resolution No Motion carried unanimously; Mayor Susan Haynie, 10. QUASI-JUDICIAL CONSENT AGENDA: There was no business to consider. Regular Minutes August 12,

5 11. QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS: A. Resolution No A resolution of the City of Boca Raton considering the request of Boca Lake Parcel, LLC to extend for an additional eighteen months the duration of the conditional use approval granted pursuant to Resolution No to allow finger piers and dolphins in the R-5 Residential Zoning District pursuant to Chapter 22, Article III. Docks and Other Mooring Facilities of the Code of Ordinances, on a parcel of land located at 725 South Ocean Boulevard; providing for severability; providing for repealer; providing an effective date (CA-08-08R1) Resolution No The City Attorney reviewed the quasi-judicial procedure that would govern the public hearing. Council members noted their ex parte disclosures. The City Clerk administered the oath to those who wished to speak. Jim Bell, Acting Deputy Development Services Director, gave a brief PowerPoint presentation on the petition. A map of the subject property location was provided as was an illustration of the location of the finger piers. Mr. Bell then reviewed the previous conditional use approval and the time extensions granted by state statute, noting that staff recommends approval. Mr. Bell made himself available for questions. During the public hearing, Charlie Siemon, GrayRobinson, advocated passage on behalf of the petitioner. He then responded to a question from Council members. Seeing no one else come forward to speak, the public hearing was closed. Motion was made by Deputy Mayor Constance J. Scott, seconded by Council Member Robert S. Weinroth, to approve Resolution No Motion carried unanimously; Mayor Susan Haynie, Mayor Haynie noted that items B, C. D, and E, were related and would be heard contemporaneously but voted on separately. The City Clerk then read the titles of all four items. The Mayor reminded everyone that quasi-judicial procedures would continue to govern the proceedings. Members made their ex parte disclosures. The City Clerk administered the oath to those who wished to speak. B. Resolution No A resolution of the City of Boca Raton considering a payment in lieu of an environmental set aside at the Boca Highlands site located at 100 NW 70th Street; providing for severability; providing for repealer; providing an effective date (EAB-14-01) Resolution No C. Ordinance No An ordinance of the City of Boca Raton amending the Future Land Use Map of the Comprehensive Plan by redesignating certain property consisting of 8.5 acres, located on the south side of Northwest 70th Street west of North Dixie Highway, 100 Northwest 70th Street, from Institutional (PI) to Residential Medium (RM); providing for revisions to the Future Land Use Map; providing for severability; providing for repealer; providing an effective date (UC-13-04/SC) Ordinance No D. Resolution No A resolution of the City of Boca Raton considering a planned unit development with a master plan to allow for a 76-unit multi-family residential planned unit development (PUD) to be known as "Boca Highlands Townhomes PUD" generally located on 8.5 acres on the south side of Northwest 70th Street west of North Dixie Highway, 100 Northwest 70th Street; setting forth conditions of approval; approving modification of certain development parameters relating to lot size, building setbacks, and perimeter building (landscape buffer) setbacks; providing for severability; providing for repealer; providing an effective date (UC-13-04/PUD) Resolution No Plans Regular Minutes August 12,

6 E. Resolution No A resolution of the City of Boca Raton considering tentative plat approval for the proposed Boca Highlands Townhomes PUD Plat, subject to conditions; providing for severability; providing for repealer; providing an effective date (UC-13-04/SUB) Resolution No Plans Nora Fosman, Senior Environmental Officer, gave a PowerPoint presentation, beginning with background information on the payment in lieu set aside option for small, isolated preservation tracts. She then explained why the land in question is not suitable to be maintained as environmentally sensitive land and that the requirements to qualify for the payment in lieu option exist for this property. Further details were provided, as was the recommendation of approval by the Environmental Advisory Board. Upon concluding, Ms. Fosman made herself available for questions. Jim Bell, Acting Deputy Development Services Director, gave a PowerPoint presentation on items C, D, and E, beginning with the amendments to the Future Land Use Map (FLUM) of the Comprehensive Plan. The location, current zoning, future land use of the property and were provided, as well as the proposed zoning and future land use. The property, owned by Highland Beach, is a former well field. Staff s review of the Comp Plan Amendment with respect to consistency, compatibility and concurrency was presented, noting that the property meets the standards of all three tests. A traffic analysis was also provided. Staff recommends approval of the FLUM amendment from Institutional (PI) to Residential Medium (RM) for the property. The Planning & Zoning Board also recommended approval. Mr. Bell then went on to review the master plan, site plan and the tentative plat approval for the project, noting that these petitions would only be considered if Council approves the payment in lieu of an environmental set aside. Project information provided included a description of the proposed homes; open space; traffic analysis and required off-site improvements; access with a technical deviation; parking; and modifications to setbacks and lot sizes. The tentative plat approval includes several easements, which were explained. After summarizing, Mr. Bell noted staff's recommended approval of all the applications, as well as recommendation for approval by the Planning & Zoning Board. He noted that there was opposition from neighboring residents. The public hearing was opened. Barbara Alterman, Law Office of Glen Torcivia, representing Highland Beach, spoke in support of the petitions. Mitch Kirchner, GrayRobinson, representing the petitioner, addressed some of the questions brought up by the Planning & Zoning Board. Juan Caycedo, project architect, addressed issues relating to setbacks, elements of the site plan and building design. Traffic engineer John Donaldson then addressed the technical deviation at the front entrance/gate. Mr. Kirchner returned to the podium to address possible traffic on 70 th Street, the school bus pick up/drop off location, lack of an alternate access and projected tax revenue from the project. Anja Haller addressed Council on behalf of her property manager, referencing a letter sent to Council members that raised concerns with the project. Glenn Gromann spoke in support of the project. No one else came forward to speak and there was no rebuttal. The public hearing was then closed. Motion was made by Council Member Robert S. Weinroth, seconded by Council Member Scott Singer, to approve Resolution No Motion carried unanimously; Mayor Susan Haynie, Mayor Haynie noted that adoption of Ordinance 5273 required four votes. Motion was made by Deputy Mayor Constance J. Scott, seconded by Council Member Robert S. Weinroth, to approve Ordinance No Motion carried unanimously; Mayor Susan Haynie, Regular Minutes August 12,

7 Motion was made by Council Member Scott Singer, seconded by Council Member Michael Mullaugh, to approve Resolution No Motion carried unanimously; Mayor Susan Haynie, Motion was made by Council Member Robert S. Weinroth, seconded by Deputy Mayor Constance J. Scott, to approve Resolution No Motion carried unanimously; Mayor Susan Haynie, Deputy Mayor Constance J. Scott, Council Member Michael Mullaugh, Council Member Scott 12. REGULAR PUBLIC HEARINGS: A. Ordinance No An ordinance of the City of Boca Raton providing for the vacation and abandonment of a portion of a public utility easement located at 30 and 40 S.E. 7th Street and 33 S.E. 8th Street, as more specifically described herein; approving and accepting a water easement deed and a sewer easement deed over certain lands located at 30 and 40 S.E. 7th Street and 33 S.E. 8th Street; providing conditions for vacation and abandonment; providing for severability; providing for repealer; providing an effective date (EA-14-02) Ordinance No Lynn Bodor, City Property Specialist/Appraiser, gave a brief presentation explaining the ordinance. Upon conclusion, she responded to questions from Council. The public hearing was opened. Bonnie Miskel, on behalf of the petitioner, addressed a question about undergrounding power lines at this site. Glenn Gromann also commented on power lines. Seeing no one else come forward to speak, the public hearing was closed. Motion was made by Deputy Mayor Constance J. Scott, seconded by Council Member Michael Mullaugh, to approve Ordinance No Motion carried unanimously; Mayor Susan Haynie, B. Ordinance No An ordinance of the City of Boca Raton amending Ordinance No (which established the Fire Services Assessment), to expressly provide for written consent as authorized by Florida Statutes; providing for severability; providing for repealer; providing an effective date Ordinance No The City Attorney provided a brief explanation of the ordinance and made herself available for questions. The public hearing was opened and, seeing no one come forward to speak, closed. Motion was made by Council Member Scott Singer, seconded by Deputy Mayor Constance J. Scott, to approve Ordinance No Motion carried unanimously; Mayor Susan Haynie, Deputy Mayor Constance J. Scott, Council Member Michael Mullaugh, Council Member Scott Singer, Council Member Robert S. Weinroth voting yes. C. Ordinance No An ordinance of the City of Boca Raton providing for the vacation and abandonment of a roadway and utility easement located at 1150 S.W. 21st Lane; providing for severability; providing for repealer; providing an effective date (EA-14-01) Ordinance No Lynn Bodor, City Property Specialist/Appraiser, explained the reason for this requested abandonment and then made herself available for questions. Regular Minutes August 12,

8 The public hearing was opened and, seeing no one come forward to speak, closed. Motion was made by Council Member Robert S. Weinroth, seconded by Deputy Mayor Constance J. Scott, to approve Ordinance No Motion carried unanimously; Mayor Susan Haynie, Deputy Mayor Constance J. Scott, Council Member Michael Mullaugh, Council Member Scott 13. REGULAR PUBLIC HEARINGS/SETTLEMENTS: There was no business to consider. 14. INTRODUCTION OF ORDINANCES: A. Ordinance No An ordinance of the City of Boca Raton relating to home occupations; amending Article XV., Division 9., Section of the Code of Ordinances; updating standards and requirements for home occupations; retaining the City's right to inspect the premises of a home occupation; reducing regulatory redundancy by eliminating the required affidavit; providing for severability; providing for repealer; providing for codification; providing an effective date Ordinance No The ordinance was introduced by Council Member Singer. B. Ordinance No An ordinance of the City of Boca Raton adopting final millage rates and levying ad valorem taxes for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015; stating the percentage by which the millage to be levied exceeds the "rolled-back rate"; directing the City Manager or the Office of Management and Budget Director to adjust the adopted millage rates in the event of changes in the Assessment Roll and Taxable Value; providing for severability; providing for repealer; providing an effective date Ordinance No The ordinance was introduced by Council Member Mullaugh. C. Ordinance No An ordinance of the City of Boca Raton adopting a final budget and appropriating funds for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015; providing for severability; providing for repealer; providing an effective date Ordinance No The ordinance was introduced by Council Member Weinroth. 15. PUBLIC REQUESTS: Glenn Gromann commented on streamlining the individual development approval process. Bob Matheny advocated the City using waste cooking oil as a sustainable fuel source. Matt Bryant thanked Council for his appointment to the Financial Advisory Board RESOLUTIONS AND OTHER BUSINESS: There was no business to consider. Regular Minutes August 12,

9 17. QUASI-JUDICIAL PUBLIC HEARINGS/VARIANCES & APPEALS: A. Resolution No A resolution of the City Council of the City of Boca Raton considering the appeal of Atlas Sign Industries on behalf of Starbucks relating to the decision of the Community Appearance Board denying a flat wall sign located at 1850 North Federal Highway; providing for severability; providing for repealer; providing an effective date Resolution No Mayor Haynie noted that quasi-judicial procedures remained in effect. Members noted their ex parte disclosures, all having spoken with Bonnie Miskel. The City Clerk administered the oath to those who wished to speak. Senior Zoning Officer Keith Carney gave a PowerPoint presentation. The location of the property was provided as well as the locations of the wall sign, monument sign and drive thru sign. The Community Appearance Board (CAB) approved the signs but not the copy on the wall sign. Staff recommends affirming that decision. Mr. Carney reviewed the options before Council as enumerated in the resolution and then responded to questions from Council. The public hearing was opened. Christina Bilenki, Dunay Miskel Blackman and Blattner, on behalf of the petitioner, noted that the nearby intersection contributes to a very confusing location and visibility from the roadway is obstructed, both situations making signage very important. She provided further information in support of the requested wall sign copy. Upon conclusion, she responded to questions from Council. Juan Caycedo, chairman of the CAB, explained the reasoning behind the Board's decision. Glenn Gromann offered comments on the petition. Bonnie Miskel, on behalf of the petitioner, commented on the Starbucks logo, the size of the sign, the new business model of a drive thru, and the importance of the signage. Council members posed several more questions. Mr. Caycedo provided final comments. Seeing no one else come forward to speak, the public hearing was closed. Motion was made by Deputy Mayor Scott to affirm the decision of the Community Appearance Board. The motion failed for lack of a second. In response to a motion by Council Member Weinroth, the City Attorney suggested that the decision of the Board be affirmed with modifications, which would allow the requested copy on the wall sign. Motion was made by Council Member Robert S. Weinroth, seconded by Mayor Susan Haynie, to approve Resolution No affirming the decision of the Community Appearance Board with modifications. Members made final comments. Motion carried unanimously; Mayor Susan Haynie, Deputy Mayor Constance J. Scott, Council Member Michael Mullaugh, Council Member Scott Singer, Council Member Robert S. Weinroth voting yes. 18. CITY MANAGER RECOMMENDATIONS AND REPORTS: The City Manager had no report. 19. CITY ATTORNEY REPORTS: The City Attorney had no report. Regular Minutes August 12,

10 20. MAYOR AND COUNCIL MEMBER REPORTS: Council Member Singer highlighted upcoming events at the Amphitheater. Council Member Weinroth commented on Council's process of deliberation. He thanked the City Manager for his guidance. Mayor Haynie invited the public to a morning press conference at City Hall regarding All Aboard Florida s assistance in funding quiet zones. 21. ADJOURNMENT: The meeting was adjourned without objection at approximately 8:20 PM. ATTEST: Susan Haynie, Mayor Susan S. Saxton, City Clerk Regular Minutes August 12,